Work Session

Village of Ossining Work Session Agenda Wednesday, May 14, 2025 @ 7:30 PM 16 Croton Ave. Board Room OSSINING, NEW YORK and VIA ZOOM Members of the public can view the meeting via computer or mobile app: https://us06web.zoom.us/j/86458181126 Members of the public can listen to the meeting by dialing in via phone: +1 312 626 6799 Webinar ID: 864 5818 1126 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Topic: Captain Lewis Brady Honorary Street Re-Naming Report Contact: Stuart Kahan, Corporation Counsel & Joyce Cole, Village Historian CaptainLewisBradyStreetNamingReport Topic: LOSAP Update Contact: Karen D'Attore, Village Manager, Maddi Zachacz, Assistant Village Manager, and Dale Brennan, Treasurer LOSAP Memo 5.9.25 Final LOSAP Cost Analysis 5.9.25 FINAL- Cost Schedule LOSAP Cost Analysis 5.9.25 FINAL- Software and Hardware Topic: T Zone Recommendations Contact: Karen D'Attore, Village Manager, Stuart Kahan, Corporation Counsel and Valerie Monastra, AICP- Principal Planner- Nelson Pope Voorhis T Zoning Amendement Memo 250509 Topic: Review Planning Board Recs. On RDD and SP-N Moratorium Contact: Stuart Kahan, Corporation Counsel and Valerie Monastra, AICP- Principal Planner- Nelson Pope Voorhis Topic: Tree Preservation Law revisions, Revisited Contact: Stuart Kahan, Corporation Counsel and Valerie Monastra, AICP- Principal Planner- Nelson Pope Voorhis LL- 2025 (Chapter 248 Trees) (SEK revision) Topic: Chamber of Commerce Movie Night Contact: Karen D'Attore, Village Manager Work Session May 14, 2025 Page 1 of 34  HUNGRY on Hudson - GY EDITS Topic: Tax Certiorari matters: 15-16 James Street and 66-68 Croton Avenue Contact: Stuart Kahan, Corporation Counsel ADJOURNMENT - WORK SESSION Work Session May 14, 2025 Page 2 of 34  Captain Lewis Brady Historian Report May 6, 2025 Historians Report: Captain Lewis Brady I conducted my research into the life of Lewis Brady using the following resources: • Westchester County Archives • Westchester County Historical Society • The Jug Tavern Board and board president Doug Turshen, President • Town Clerk’s Office of Ossining records • Mount Vernon Plantation online records • Historical newspaper articles These resources collectively provide a thorough historical record of Captain Lewis Brady’s life, contributions, and enduring legacy in the Village of Ossining. Captain Lewis Brady Captain Lewis Brady was an early and extraordinary resident Sing Sing (Now Ossining). Born into slavery in Maryland, he embarked on a courageous journey to freedom, traveling much of the way on foot via the Underground Railroad. In 1836, he made his permanent home in Ossining’s historic Sparta neighborhood. Captain Brady purchased his home at 14 Rockledge Avenue in 1836, a property that still stands today within the Sparta Historic District. His life story is one of perseverance, resilience, and civic leadership, embodying the ideals that continue to inspire the Village of Ossining. Residence in Ossining Captain Lewis Brady lived in Ossining for 44 years, from 1836 until 1880. Having established himself in the Sparta neighborhood, he became a fixture of the community. Brady lived an extraordinary life, reaching the age of 108, making him the oldest known resident of both Ossining and Westchester County at the time of his death. He is interred in the historic Sparta Cemetery, where he remains its oldest known interment. Contributions to the Village Captain Lewis Brady profoundly contributed to the Village of Sing Sing (Ossining), reflecting a legacy of resilience, entrepreneurship, humanitarianism, and long-term cultural impact. • Economic Contribution: Brady established The Come and Go, an oyster and clam business operating from the Sparta dock. This business stimulated the Hudson River fishery and supported the development of Ossining’s maritime economy. As a Black entrepreneur in the 19th century, he helped redefine economic inclusion in the village. Page 3 of 34  Captain Lewis Brady Historian Report May 6, 2025 • Community Support and Humanitarianism: Known for his generosity, Brady opened his home to newly arriving European immigrants who lacked shelter, offering them a foundation in their new lives. His actions made him a trusted and stabilizing figure in the community. • Historical and Cultural Legacy: He was a formerly enslaved man who made much of his journey to freedom on foot, representing Ossining’s connection to the Underground Railroad and African American heritage. His long-standing residence at 14 Rockledge Avenue and his interment in Sparta Cemetery place him physically and symbolically within the village's historical landscape. • Generational Impact: Through his hard work and property ownership, Brady established generational wealth that his family continued investing in the Ossining community, extending his influence beyond his lifetime. • Military Service and Unrecognized Sacrifice: Although enslaved at the time, Brady served as a body servant during the War of 1812. Though not formally recognized as a soldier, he witnessed and experienced major battles. His service represents the often-overlooked contributions of enslaved African Americans to U.S. military history and adds another layer of dignity and sacrifice to his legacy. Captain Brady’s life exemplifies the core values of liberty, perseverance, and civic responsibility, which helped build Sing Sing (Ossining) and still Sketch by Benjamin Feinstein. Based on Joyce Sharrock Cole’s Research. Commissioned by Bethany Arts Community. inspire its residents today. Proposed Location for the Honorary Street Naming It is proposed that the intersection of Revolutionary Road and Rockledge Avenue be designated Captain Lewis Brady Way. This location lies at the heart of the historic Sparta neighborhood where Captain Brady lived, worked, and built his legacy. There is currently no existing honorary designation at this intersection. Naming this corner after Captain Brady would provide a visible and lasting recognition of his contributions and honor a man who helped shape the very fabric of the Village. Page 4 of 34  Village of Ossining 16 Croton Avenue Ossining, NY 10562 ________________________ Tel. (914) 941-3554 Fax (914) 941-5940 www.villageofossining.org Maddi Zachacz Assistant Village Manager MEMO To: Mayor Rika Levin; Deputy Mayor Omar Lopez; Trustee Dana White; Trustee Pat Yost From: Assistant Village Manager Maddi Zachacz Date: May 9, 2025 RE: LOSAP (Length of Service Award Program) for Ossining Fire Department Background: The Village has been studying the path towards introducing a LOSAP for the OFD, including the development of a budget forecast for fixed costs related to the program (hardware, software, administrator and wealth management, etc.), as well as variable costs (membership levels and employer contributions). 1) Fixed Costs: As a reminder—per our 2024 calculations, at any level of employer contribution, annual operating costs will add an additional ~$60,000 (exclusive of start-up costs, which will be paid from General Fund Balance in 2025) to the Village’s Operating Budget, including the following components: • Technology: o Biometric Software and Hardware Components: $3,000 (in reserve) o Biometric Subscription: $7,401 (vendor service contract) o Annual Fixed Finer Reader Warranty: $2,000 (vendor service contract) o Tablets & Servers: $5,000 (in reserve) • In-House Services: o Staff Time (IT/ Finance): $15,000 (avg/ year over 10 years) (in reserve) o Less Annual Chiefs Stipend: -$31,000 (avg/ year over 10 years) (Operating Budget) • Consultant Services: o PenFlex Fees: $8,000/ year (vendor service contract) o Wealth Management Fees: $5,000- $7,500/ year (vendor service contract) o Outside Counsel: $45,000 (avg/year over 10 years) (in reserve) 2) Variable Costs: As a reminder, the original plan recommended by the OFD LOSAP committee was as follows: • Defined Benefit Plan • 40-year max contribution • Entitlement age of 65 years • $20 per member per month • (5) year Lookback Page 5 of 34 After our last review, the BOT requested some additional information about the different potential levels of LOSAP, including a $10 and $15 per member, per month starting rate. We inquired with PenFlex about various levels of lookbacks, based on discussions with OFD’s LOSAP committee. Updated OFD data reflects that an estimated 104 members would likely qualify for LOSAP in 2025, including 91 Pre-Entitlement Age (EA) members (<65 years of age), and 13 Post-EA (65 years of age+). Using the updated census, we engaged PenFlex for an update using the criteria of a Defined Benefit Plan, 40-year max contribution and an EA of 65, but at various levels of employer contribution ($10/ $15/ $20) and lookback levels (0, 3 and 5 years). PenFlex provided the below (we have amended this slightly to avoid double-counting the annual $8K PenFlex fee): Multiplier $20 $15 $10 Buy Back Years 5 $252,000 $189,000 $126,000 3 $232,000 $174,000 $116,000 0 $187,000 $140,250 $93,500 The impact of each contribution level is approximately as follows based on the current census of 104 qualifying members: • $20/member/month: o $187,000/ year in monthly contributions from Village of Ossining o With Fixed Costs: $245,118 annually (49% of Village’s est. 2026 tax cap allowance) • $15/member/month: o $140,250/ year in monthly contributions from Village of Ossining o With Fixed Costs: $198,368 annually (40% of Village’s est. 2026 tax cap allowance) • $10/member/month: o $93,500/ year in monthly contributions from Village of Ossining o With Fixed Costs: $151,618 annually (30% of Village’s est. 2026 tax cap allowance) 3) Look Back If the BOT were to contemplate a lookback at any level ($10, $15, or $20), it would need to be paid from General Fund Balance in one lump sum at the start of the program, as adding it to Page 2 of 3 Page 6 of 34  the Village’s Operating Budget over 10 years (as is generally done) may risk our compliance with the NYS Tax Cap, particularly in the current environment where the Village is engaged in many competing capital projects and the global markets, and fiscal future of NYS are unstable. Lump sum amounts, based on the current census, would be an additional expense from General Fund Balance as below: • $20/member/month: o 3 Year Look Back: $45,000*10 Years= $450,000 lump sum o 5 Year Look Back: $65,000*10 Years= $650,000 lump sum • $15/member/month: o 3 Year Look Back: $35,000* 10 Years= $350,000 lump sum o 5 Year Look Back: $50,000* 10 Years= $500,000 lump sum • $10/member/month: o 3 Year Look Back: $20,000* 10 Years= $200,000 lump sum o 5 Year Look Back: $30,000* 10 Years= $300,000 lump sum Recommendation: By end of next week (May 16), the BOT will need to make a determination on a) the per member/ per month number for the proposed 2026 program, and b) whether a lookback at any level should be added to the resolution. PenFlex requires sufficient time to build the referendum language for the November ballot, which is due to Westchester County in July. Next Steps: If the BOT is aligned with the above, staff will: • Work with PenFlex, the Clerk’s Office and the Westchester County Board of Elections to create a referendum question for the November 2025 General Election ballot no later than July 30, 2025 • Budget in 2026 for LOSAP and tangential expenses going forward, including but not limited to management, legal, HR, finance and IT projections, as well as including upgrades to capital expenses (servers, tablets, software etc.) annually We look forward to discussing this with you this evening. Cc: Village Manager Karen D’Attore Village Treasurer Dale Brennan Village Corporation Counsel Stuart Kahan Village Clerk Sue Donnelly The Village of Ossining is an Equal Opportunity/ Affirmative Action Employer Page 7 of 34  LOSAP Recurring Costs‐ Operations 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Technology Biometric Software & Hardware Components $107,955 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 * Initial purchase includes everything on FRS quote revised 2/28/25 * Outyears include $3K/ year to replace Mobile Finger Readers as needed (set‐aside) Biometric Subscription $0 $7,401 $7,401 $7,401 $7,401 $7,401 $7,401 $7,401 $7,401 $7,401 $7,401 * Based on 15% of initial FRS software costs, plus $2K for Fixed Finger Reader Warranty Annual Fixed Finger Reader Warranty $0 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 $2,000 Tablets & Servers $30,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 * Initial purchase includes 15 ipads, server, etc. * Outyears include $5K/year to replace ipads, servers, computers, wiring (set‐aside) Total Annual Cost Sub Total‐ Technology $137,955 $17,401 $17,401 $17,401 $17,401 $17,401 $17,401 $17,401 $17,401 $17,401 $17,401 In‐House Services Staff Time (IT, Finance blended rate @ 200 hours base year) $0 $12,877 $13,264 $13,628 $14,003 $14,353 $14,712 $15,080 $15,457 $15,843 $16,239 Less Annual Chiefs Stipend (2026 forward) $26,956 ‐$27,765 ‐$28,598 ‐$29,456 ‐$30,339 ‐$31,249 ‐$32,187 ‐$32,184 ‐$33,149 ‐$34,144 ‐$35,168 Total Annual Cost Sub Total‐ In‐House Services $0 ‐$14,887 ‐$15,334 ‐$15,827 ‐$16,336 ‐$16,896 ‐$17,475 ‐$17,104 ‐$17,693 ‐$18,301 ‐$18,929 Consultant Services Penflex Fees $0 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 $8,000 Wealth Management $0 $5,104 $5,104 $5,104 $5,104 $5,104 $5,104 $5,104 $5,104 $5,104 $5,104 Outside Counsel (100 hours @ $425 base year) $0 $42,500 $42,500 $42,500 $42,500 $45,000 $45,000 $45,000 $45,000 $47,500 $47,500 Total Annual Cost Sub Total‐ Consultant Services $0 $55,604 $55,604 $55,604 $55,604 $58,104 $58,104 $58,104 $58,104 $60,604 $60,604 Annual Operation Cost $137,955 $58,118 $57,671 $57,178 $56,669 $58,609 $58,030 $58,401 $57,812 $59,704 $59,076 LOSAP Annual Contribution @ $20 for 104 members no buy back $187,000 Total Operating Budget Costs @ $20 $245,118 LOSAP Annual Contribution @ $15 for 104 members no buy back $140,250 Total Operating Budget Costs @ $15 $198,368 LOSAP Annual Contribution @ $10 for 104 members no buy back $93,500 Total Operating Budget Costs @ $10 $151,618 Page 8 of 34  Start‐Up Costs Annual Subscription Fee 15% of software modules Line Description Qty Unit Price Ext. Price 15% 1 Dispatch Life Module 1 $10,000 $10,000 $1,500.00 2 Roster & Service Awards 1 $5,995 $5,995 $899.25 3 Finger Reader Interface 1 $1,995 $1,995 $299.25 4 Finger Reader (Portable or Wall Mounted)* 7 $2,245 $15,715 $0.00 5 NFIRS/ NERIS Interface for Reporting 1 $1,995 $1,995 $299.25 6 Roster Service Awards Web Interface 1 $1,995 $1,995 $299.25 7 Google/ ESRI Maps Interface 1 $2,995 $2,995 $449.25 8 GIS Map Import* 1 $2,500 $2,500 $0.00 9 Custom Dept. Points Report and LOSAP Configuration* 1 $2,000 $2,000 $0.00 10 Database Imports from ERP* 1 $5,000 $5,000 $0.00 11 Installation, training and configuration of all items above* 1 $10,000 $10,000 $0.00 12 Sub Total $60,190 $3,746.25 13 Optional MDT and Finger Reader Option for Chief's Car 14 GPS Modem Interface (Server) 1 $1,995 $1,995 $299.25 15 Mobile Data Terminal Interface (Server) 1 $2,495 $2,495 $374.25 16 Mobile Data Terminal Client (Air Card Service Required) 12 $1,095 $13,140 $1,971.00 17 GPS Ipad Client 12 $395 $4,740 $711.00 18 Mobile Finger Reader for Apparatus* 12 $1,950 $23,400 $0.00 19 Auto Directions Module (requires a waiver) 1 $1,995 $1,995 $299.25 $47,765 $3,654.75 *indicates a cost not included in the annual sub. fee basis $107,955 $7,401.00 Page 9 of 34 MEMORANDUM TO: Mayor Levin and Members of the Village of Ossining Village Board FROM: Valerie Monastra, AICP CC: Karen D’Attore, Village Manager Maddi Zachacz, Assistant Village Manager Stuart Kahan, Corporation Counsel DATE: May 9, 2025 RE: T Zoning Amendments We seek to inquire if the Village Board would be interested in investigating possible zoning text amendments to the conditional uses permitted in the T, Two-Family zoning district. Currently, the only permitted uses are single-family and two-family homes. The conditional uses allowed are cemeteries, parking, education, places of worship, and senior living facilities. The T district covers 1,219 properties and 10.7% of the total land area in the Village. Only the S-75 has more land area, at 15.4%. However, the T district contains 82 more parcels than the S-75. While most of the properties in the T district are developed, there are still some undeveloped properties as well as underutilized properties. As a result of the limited uses available and the overall number of properties, we would like to examine the conditional uses and propose amendments to those uses and regulations associated with those uses, so that the conditional uses appropriately match the neighborhoods in the T district. In addition, we plan to look at the properties within the zoning district to see if any properties are so unique or different from the rest of the T zone that they warrant rezoning. We would like to work on this now, since the Planning Board is mostly seeing Board of Architectural Review applications in that zone and very few site plan approvals. Similar to the other zoning districts in which this Board is considering making changes to the uses, the Board could pass a moratorium on new construction for conditional uses in the T district. 156 Route 59, Suite C6, Suffern, New York 10901 | 845.368.1472 | nelsonpopevoorhis.com Page 10 of 34  Local Law -2025 A local law amending chapter 248 (Trees) of the Village of Ossining Code. BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows: Section 1. Chapter 248 (Trees) is amended with new matter underlined and deleted matter in [brackets]. § 248-1. Legislative intent. There is a direct relationship between the number of trees planted in a community and the health, safety and welfare of that community. [Trees provide shade, add color, control water and air pollution, stabilize the soil, prevent erosion and flooding, reduce air pollution, temper noise and add aesthetic and historic values.] The trees in the Village of Ossining are a valuable resource which serve to benefit the entire village and surrounding area through one or more of the following: • Providing shade and cooling the air, ground, and buildings. • Add color. • Diffusing glare. • Temper noise. • Reducing soil erosion, especially on steep slopes. • Absorbing runoff from stormwater and reducing the possibility of flooding and erosion. • Providing habitat for wildlife and an ecological niche necessary for the protection of species. • Buffering view of development and maintaining the existing character of the village. • Reducing air, soil, and water pollution. • Balancing the oxygen in the air by reducing carbon dioxide. • Reducing wind, resulting in energy efficiency for the heating of buildings during winter. • Contributing to the significance of historic buildings, structures, and places in the village. • Providing satisfaction for an individual’s psychological and aesthetic needs. • Providing a renewable resource which supplies fuel, building materials and food. Indiscriminate or unnecessary destruction of trees causes deprivation of these benefits. Furthermore, the destruction of trees causes increased municipal costs for proper drainage control and impairs the benefits of occupancy of existing residential properties. In order to Page 11 of 34  provide protection against the indiscriminate destruction of trees, this document establishes minimum standards for tree protection. § 248-2. Statutory authority. The Village of Ossining, furthermore, takes note of the findings of the New York State Environmental Quality Review Act,1 among them being the obligation of the Village to serve as a steward of air, water, land and living resources and the obligation to protect the environment for the use of this and future generations. It is the intent of the Village to recognize these responsibilities in part by providing these procedures as well as to preserve the health and welfare and character of the community. § 248-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPROVING AUTHORITY Any person or group of people defined in this chapter who shall have jurisdiction over the issuance or denial of a tree removal permit. ARBORIST An individual who specializes in and is trained in the art and science of planting, caring for, and maintaining trees, and is certified with the National Arborists Association, International Society for Arboriculture or possesses similar qualifications. CLEAR-CUTTING [Removal of 10 trees on one acre of land with a six-inch DBH or greater or any proportion of 10 trees on one acre, depending on the lot size, rounded up to the nearest whole number within any twelve-month period.] Removal of five or more trees with a six-inch DBH or greater on any given lot within a twelve-month period. CROWN All portions of a tree, excluding the trunk and roots, such as branches, leaves, flowers and other foliage. DAMAGE TO A TREE Any action that results in the removal of more than twenty-five per cent of the tree’s crown or otherwise damages the tree’s structure. DIAMETER AT BREAST HEIGHT (DBH) The diameter of a tree measured at a point [4 ½] four and one-half feet above the ground. PERSON An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association or any other legal or commercial entity of any kind Page 12 of 34  or description. PUBLIC PLACES Any land owned by the Village of Ossining or any other governmental entity, including the right-of-way of any road. SIGNIFICANT TREE A list of trees or groves of trees determined by the Village Board on the recommendation of the Environmental Advisory Council to be significant on the basis of specimen quality, historical significance or other unique characteristic and which designation has been consented by the property owner. TREE Any woody plant having at least one well-defined trunk with at least a DBH of four inches and having a clearly defined crown. TREE BANK Village-owned lands or village right-of-way lands designated by resolution of the Board of Trustees as receiver sites for off-site mitigation plantings to satisfy tree replacement requirements which cannot be met on site. TREE BANK FUND A fund to be established by and administered in accordance with a Board of Trustees’ resolution providing for the payment of fees as mitigation for removal of trees where tree replacement requirements cannot be met on site. TREE REMOVAL Any act which will cause a tree to die within a one-year period. TREE REMOVAL PERMIT Written authorization pursuant to this chapter to remove, alter, cut or otherwise destroy or injure a tree. [TREE WARDEN Individual professional or professional company appointed by the Village of Ossining Board of Trustees for a term of two years with the possibility to renew who shall provide recommendations to the approving authority on the tree removal permit.] § 248-4. Administration. A. Trees on public property. (1) The Village Engineer is the approving authority and responsible for all trees planted or growing within public places except for village-owned parkland. For trees in public places except for village-owned parkland, the Department of Public Works shall trim, spray, preserve, plant, and where necessary, remove such trees to preserve tree health, appearance and symmetry, protect public improvements and the public. [shall have approving authority and supervision over all trees planted or growing within the lines of Page 13 of 34  all public streets and places in the Village except as otherwise provided herein, and the planting, removal, care, maintenance and protection thereof pursuant to the provisions of this chapter. The Department of Public Works shall have the right to trim, spray, preserve and plant such trees as may be necessary to preserve symmetry. This shall also cause from time to time the removal of any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers or other public improvements or is infected with any injurious fungus, insect or other pest.] (2) The Superintendent of Parks and Recreation is the approving authority and responsible for all trees planted or growing within village-owned parkland and village-owned property used for park purposes. The Recreation and Parks Department shall trim, spray, preserve, plant, and where necessary, remove such trees to preserve tree health, appearance and symmetry, protect public improvements and the public. [shall have similar authority as stated above in connection with all Village parklands and Village property used for park purposes.] B. Trees on private property. (1) Notwithstanding any other provision [of this document] in this chapter, any property owner applying for site plan or subdivision approval [which would require] requiring the removal of any trees on said property shall make an application to the Planning Board of the Village of Ossining, which shall have sole jurisdiction regarding the proposed removal of such trees. The Planning Board is the approving authority and may grant or deny such application on such terms and conditions as it may prescribe. (2) Notwithstanding any other provision of this chapter, any property owner applying for a tree removal permit or building permit not subject to the provisions of Subsection B(1), which would require the removal of any tree(s) on said property shall make application to the Building Inspector [or Director of Code Enforcement,] who [are] is the approving [authorities] authority and shall have sole jurisdiction regarding the proposed removal of such trees. The Building Inspector [or Director of Code Enforcement] may grant or deny such application on such terms and conditions as he/she may prescribe, including but not limited to the planting of new trees or other forms of landscaping. § 248-5. Enforcement. The Board of Trustees hereby designates the Building Department with the responsibility of [ Code Enforcement] enforcing [of the rules and regulations of] this chapter. § 248-6. [ Tree Warden.] Village Arborist. A. [The Board of Trustees shall select an individual, professional, or professional company with knowledge of the planting and maintenance of trees, stress, sickness and disease to serve as the Tree Warden for the Village of Ossining.] The Board of Trustees shall appoint an arborist as defined in section 248-3 to serve as Village Arborist. The Village Arborist shall work with the Building Inspector and Planning Board consulting with property owners on permit procedures, recommend appropriate tree removal and replacement practices, conduct site inspections, and perform such other duties as specified in this chapter and assigned by the Building Inspector and Planning Board. B. [The Tree Warden will inspect all tree permits and give recommendations to the approving Page 14 of 34  authority on whether the permit should be accepted, altered, or denied. If no recommendation is given to the approving authority within 20 days of the filing of the permit, the approving authority will assume that the Tree Warden is recommending acceptance of the tree removal permit. Extensions may be granted if requested by the Tree Warden.] § 248-7. Regulated activities; tree removal permit required. Except as provided in § 248-8, Activities permitted without tree removal permit, no person[, firm, corporation, or individual connected with such firm or corporation] shall conduct, directly or indirectly, any of the following activities listed below in the Village of Ossining unless a permit is obtained pursuant to § 248-14, Permit procedures and 248-15 Approving Authority: A. [Removal, as defined in § 248-3, of any tree in any public place or attaching or fixing any wire, or electrical device, or causing any conductor charged with electricity to come in contact with any such tree on public land unless it is addressed by the appropriate approving authority as may be necessary to maintain a Village, county, state, or utility right-of-way or as control measure to fight forest or other fires.] Removal as defined in 248-3 and in Attachment A, of trees located in all Village public places, affixing any wire or electrical device to such trees, or causing any conductor charged with electricity to contact such trees on public lands. B. [Carelessly or negligently cutting down, killing, or otherwise destroying or committing any act which will lead to the destruction of any tree with a DBH of 10 inches or greater on any private property.] Tree removal as defined in 248-3 and in Attachment A of any tree with a DBH of ten inches or greater on private property. C. Clear-cutting as defined in § 248-3 and in Attachment A herein. D. [Removal of any tree with a DBH of six inches or greater on slopes over 25% or on any privately owned unimproved lot.] Removal of three or more trees, as defined in 248-3 and in Attachment A, in any water course, waterbody, wetland or wetlands buffer pursuant to 149- 2(B). E. Removal of any significant tree or regrading activity or utility excavation within the dripline of any significant tree. F. Removal of trees as defined in 248-3 and in Attachment A herein for any site plan or subdivision application. § 248-8. Activities permitted without tree removal permit. A. Removal of any tree not regulated in accordance with § 248-7, Regulated activities; tree removal permit required, of this chapter. B. Removal of any tree under an actual or ongoing emergency condition when such immediate tree removal is necessary for the protection and preservation of life or property and there is no time to wait for the granting of a tree removal permit. 1. Notice of Emergency Removal shall be filed with the Building Department within thirty days of tree removal. The notice shall include a certification by a certified arborist, retained by the property owner explaining the need for the emergency removal. The Building Inspector or designee may require additional documents regarding the emergency removal. Page 15 of 34 C. [Forest management activities on properties under § 480-a of the Real Property Tax Law.] In the case of any tree standing on any lot or land with branches projecting over an adjacent lot, the owner of the adjacent lot may trim such overhanging branches up to the property line of the lot where the tree stands so long as the trimming does not cause damage to the tree. D. [Tree pruning that does not damage the tree.] Removal of any tree that is found to be dead, dying, insect-infested or otherwise hazardous as certified in writing by the Village Arborist or a private arborist engaged by the property owner. E. Forest management activities on properties under section 480-a of the Real Property Tax Law. F. Tree trimming that does not damage the tree. § 248-9. Significant Tree List. The Environmental Advisory Council shall [begin compiling] compile the Village's Significant Tree List as defined in § 248-3 [upon enactment of this chapter and] through nominations from tree owners, the Ossining Historical Society and other interested parties for recommendation to the [Village] Board of Trustees for inclusion on the Village's Significant Tree List. Once a tree is designated a significant tree and placed on the Significant Tree List the tree will remain on the list regardless of a change in the property owner unless the tree is removed following issuance of a tree removal permit pursuant to 248-7E or where the owner of property where a tree on the Significant Tree List is located requests that the Board of Trustees remove the tree from the Significant Tree List. The request will be referred to the Environmental Advisory Council for a recommendation and following receipt of the council’s recommendation the Board of Trustees shall adopt a resolution removing or retaining a tree on the Significant Tree List. § 248-10. Fastening animals or attaching signs to trees. No person shall fasten or tie any animal to or attach any sign, bill, card, notice or any advertisement to any tree in any public place or allow any animal under his/her control to injure any such tree. § 248-11. Obstructing nutrients from roots. No person shall place or maintain on the ground in any public place any stone, excess soil or other substance in such manner as may obstruct the free access of air or water to the roots of any tree. § 248-12. Depositing deleterious substances near trees. No person shall cause brine, oil, gas, gasoline, liquid dye or other substance deleterious to tree life to pass onto or into the soil about the roots of any tree in any public place. § 248-13. Trimming of trees. A. Trees standing on any lot or land adjacent to any public street or place and having branches projecting into the public street or place shall be kept trimmed by the owner or owners or occupant of the property on which such trees are growing so that the lowest branches shall not adversely interfere with pedestrian or vehicular traffic. B. Any tree which is growing on private property which is endangering or in any way may endanger the security or usefulness of a public street, public sewer or other public place shall be considered a public nuisance. Page 16 of 34 § 248-14. Permit procedures. A. The tree removal permit application shall include the following information: (1) The name and address of the property owner and applicant, if different. (2) The street address and Tax Map designation of the property. (3) A statement of authority from the owner of the property for any agent [making] submitting an application. (4) The total amount of land area involved in the action. (5) The number of trees involved. (6) The purpose of the tree removal permit , including an explanation from either the property owner or licensed tree service contractor why the tree(s) should be removed. (7) Identify the physical condition of the tree(s) (species, size and health) proposed for removal with regard to the trees’ relative value of preservation. (8) A survey of [that] the area of trees or forest to be disturbed showing the location of all trees (to an accuracy of one foot) and indicating those trees to be removed and those trees to be preserved, their species and their diameter (DBH). (9) Specifications for the protection of trees during development, redevelopment, renovation or razing; grade changes or other work within the tree's dripline; disposal of trees to be removed and replanting or planting, specifying the location, species, size and completion date for seasonal planting of trees. (10) Where no site plan, special permit, conditional use permit, subdivision or other related permit is involved, Subsection A([7]8) and ([8]9) above may be waived, and a simple sketch drawn by the applicant may, at the [approval] approving authority's discretion, be substituted. (11) A statement that the property owner and applicant will indemnify and hold the Village and its representatives harmless against any damage or injury in accordance with § 248-[15]18, Inspection and indemnification, of this chapter. (12) A tree removal permit application fee and inspection fee in amounts as set forth in a fee schedule established from time to time by resolution of the [Village] Board of Trustees, unless the applicant for the tree removal permit is simultaneously applying for a building permit or Planning Board approval, in which case the permit or application fee(s) shall take the place of the tree removal permit fee but not the inspection fee. B. [Permits for the removal of trees may be granted under the following circumstances: (1) If the presence of the tree would cause hardship or endanger the public or the property of the owner or of an adjoining owner. (2) If the tree substantially interferes with a permitted use of the property and the removal of the tree(s) shall be performed in a selective manner. Page 17 of 34  (3) If the tree is diseased or threatens the health of other trees.] If the tree removal involves clear cutting, additional information may be requested by the approving authority including but not limited to: (1) A description of the anticipated vegetative cover of the tree removal area, including dominant species before and after the tree removal. (2) Property lines, roads, buildings, wetlands and wetland buffer areas within 100 feet of the tree removal area. (3) Additional information necessary to evaluate the proposed tree removal pursuant to the standards of this chapter. C. All information relating to a tree removal permit application, including any additional required materials shall be maintained by the Village’s Building Department and, where applicable Planning Department. D. Determination by approving authority. (1) In making the determination to grant, grant with conditions, or deny a tree removal permit under this chapter, the factors to be considered by the approving authority shall include, but not be limited to the following: (a) If the presence of the tree would cause hardship or endanger the public or the property of the owner or of an adjoining owner. (b) If the tree substantially interferes with a permitted use of the property, (c) If the tree is diseased or threatens the health of other trees. (d) If there are practical alternatives to the tree removal. (2) If the tree removal permit is associated with a site plan or subdivision application, the Planning Board shall consider the factors in 248-14D(1) and the following: (a) If the tree removal will cause significant impacts on surrounding tree canopy, water drainage and erosion patterns, soil quality, wildlife habitat and vegetation. E. Notification of decision. Where the Building Inspector is the approving authority, the applicant will be notified of tree removal permit application decisions in writing within fifteen days of receipt of a complete application by the Building Department. Where Environmental Advisory Council referral is necessary, the applicant will be notified of permit application decisions within forty-five days of receipt by the Building Department of a complete application. The Building Inspector may extend the time to issue a permit decision by no more than five days for good cause. Where the Planning Board is the approving authority, a written resolution will be issued with the board’s decision. § 248-15 Approving Authority A. For all tree removal permits not associated with a site plan or subdivision application, including clear cutting, the Building Inspector shall be the approving authority. Page 18 of 34  (1) Upon receipt of a complete application for a tree removal permit, except as noted in A(2) below, the Building Inspector may refer the application to the Environmental Advisory Council for a recommendation. (2) All tree removal applications calling for clear cutting shall be referred by the Building Inspector to the Environmental Advisory Council for a recommendation. (3) The Environmental Advisory Council shall submit its written recommendation to the Building Inspector within thirty-five days of the referral. If no recommendation is provided to the Building Inspector within thirty-five days of the referral, the Building Inspector shall assume that the Environmental Advisory Council has no objection to the tree removal permit application. The Environmental Advisory Council may request an extension of time to provide the written recommendation. B. The Planning Board shall be the approving authority for tree removal permit applications required for site plan and subdivision applications. Upon receipt of a complete application in association with an application for site plan or subdivision approval, the Planning Board shall refer the tree removal permit application to the Environmental Advisory Council for a recommendation. The Environmental Advisory Council shall submit its written recommendation to the Planning Board within thirty-five days of the referral. If no recommendation is provided to the Planning Board within thirty-five days of the referral, the Planning Board shall assume that the Environmental Advisory Council has no objection to the tree removal permit application. The Environmental Advisory Council may request an extension of time to provide the written recommendation. C. Inspection by Village Arborist (1) Upon referral by the approving authority, the Village Arborist may review all tree removal permit applications and provide recommendations to the approving authority whether the permit should be granted, granted with conditions or denied. The approving authority shall consider the Village Arborist’s recommendations but the decision regarding a tree removal permit application shall be made by the approving authority. (2) Should the approving authority determine that review of the tree removal permit application by the Village Arborist is warranted, the approving authority shall notify the applicant along with the anticipated cost for the review. The applicant shall be responsible for the cost of the Village Arborist’s review and the tree removal permit application will not be further processed until payment is received. The Village Arborist shall provide the written recommendation no later than twenty days after the referral from the approving authority. § 248-16 Issuance of tree removal permit; conditions. A. Any tree removal permit may include conditions imposed by the approving authority consistent with this chapter. Such conditions may include: (1) Requiring reasonable improvements, such as relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems to preserve a specific tree or area. (2) Listing approved days and hours for tree removal. (3) Specifying actions to be undertaken by the applicant to minimize the environmental impact of tree removal operations. Page 19 of 34  (4) Requiring the replanting of an equal or greater number of trees of the same or similar species as those removed, based on the size and condition of the trees removed using an approved landscaping plan. B. For all site plan and subdivision applications, the applicant’s plan for tree replacement shall satisfy no less than the minimum requirement to replace 50% of the total aggregate diameter of all trees as defined in 248-3 proposed for removal with new trees. (1) Tree replacement shall be required on site unless the approving authority determines that because of size constraints, it is impracticable or impossible to fully meet this mitigation requirement on site. In such case, upon the establishment of a tree bank and/or tree bank fund by resolution of the Board of Trustees, the approving authority may consider the off-site mitigation of planting in the tree bank or payment of a fee to the tree bank fund to satisfy the unmet portion of the tree replacement requirement. Implementation of any off-site planting plan shall require prior approval of the Board of Trustees. § 248-[15]17. Term of permit; renewal. [No permit shall be valid for more than 120 days after approval of an application for same by the approval authority, unless otherwise specified by the approval authority. All permits shall expire upon completion of the work specified therein. Permits may be renewed by the approval authority. Standards for issuance of renewals may be the same as for the issuance of original permits.] A. Tree removal permits shall expire one year from the date issued after which time the tree removal permit shall become invalid. Upon the request of the applicant, the Building Inspector, with advice from the Village Arborist, may grant an extension of the permit for a period not to exceed one year. Up to two extensions may be granted for no more than a total of two years. B. Tree removal permits associated with site plan and subdivision applications shall expire one year from the date of the Planning Board resolution authorizing the Planning Board Chairperson to sign the approved drawings after which time the tree removal permit shall become invalid. Upon the request of the applicant, the Planning Board, with advice from the Village Arborist, may grant an extension of the permit for a period not to exceed one year. Up to two extensions may be granted for no more than a total of two years. [§ 248-16. Appeals. Denial of permits by the approving authority may be appealed to the Zoning Board of Appeals based on the procedure specified for zoning matters in Chapter 270, Zoning, of the Ossining Village Code. Said appeal shall state specifically the location of the tree in relation to roads, structures and adjoining properties and shall further state the reason why the permit application should have been granted.] § 248-[17]18. Inspection and indemnification. A. Any site for which an application has been submitted shall be subject to inspection by the approving authority or designated representatives upon notice to the property owner and applicant at any reasonable time, including weekends and holidays[, by the approval authority or its designated representatives]. Notice of such inspection shall comply with the process in section 92-15. The property owner and applicant, by [making] submitting an application for a tree removal permit, shall be deemed to have [given consent] consented Page 20 of 34  to such inspection. Should the approving authority or its designated representatives be denied entry onto the property, the Village on behalf of the approving authority may request a search warrant following the procedure in sections 92-14, 92-16 and 92-17 of the Village Code. B. The property owner and applicant shall indemnify and hold the [Village of Ossining] village, its elected and appointed officials, employees and consultants harmless against any damage or injury that may be caused by or arise out of any entry onto the subject property in connection with the processing of the application, during tree removal or within one year after the completion of the work. § 248-[18]19. Restoration of area; replacement of damaged trees. A. All persons who remove or cause to be removed trees, with or without a tree removal permit, as required, shall restore the area by backfilling all holes and by creating an acceptable grade and covering. All debris in the area shall immediately be removed by the property owner or licensed tree service contractor. B. [Tree stumps shall be removed, not cut flush. A property owner may appeal the tree stump removal requirement of this section to the Zoning Board of Appeals. After the planting of trees, removal of all debris in the undisturbed area shall be made immediately. The property where such planting is done must be left in a neat and orderly condition, in accordance with good and acceptable planting and tree surgery practice.] Except as provided in section 248-16B(1), tree replacement on site is required. As part of the approval process involving non-Village owned properties, the approving authority may refer to the Village Arborist whether removal of the tree stump is necessary. For trees removed from village-owned properties, the tree stump shall be removed. C. The property where planting is done shall be left in a neat and orderly condition in accord with accepted planting and tree surgery practice. D. The approving authority may require as a condition of approval that the disturbed area be backfilled, replanted and/or reseeded. § 248-[19]20. Bond. The approving authority may require, prior to the commencement of [clearing] work authorized by the tree removal permit, [authorized under any permit pursuant to this chapter,] that the applicant [shall] post a performance bond with a surety licensed to do business in New York State [or other security] in an amount acceptable to the approving authority to secure compliance with the permit and any conditions imposed thereon. [in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit, as shall be determined by the approving authority.] § 248-[20]21. Action upon completion of work. A. Within [30] thirty days after completion of all tree removals authorized [under a] pursuant to the tree removal permit [permit] issued in accordance with this chapter, the applicant shall notify the approving authority of such completion. Page 21 of 34 B. Within [30] thirty days of such notification of completion of work, the approving authority or its designated representatives shall inspect the tree removal site and where appropriate, any off-site locations for compliance with all conditions of the permit. (1) When all tree removal(s) and tree replacements authorized under [a] the permit are [deemed] found to be [completed] complete and all conditions of the permit have been complied with, [in an acceptable fashion,] the approving authority shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit. (2) When tree removals and tree replacements authorized under [a] the permit are [deemed not acceptable,] found to be incomplete and/or inconsistent with the permit’s terms and conditions, the approving authority shall [so] notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms and conditions of the permit and shall specify a time [limit for the correction of] to correct all items so listed. 248-[21]22. Penalties for offenses. A. Stop-work orders. [Should the Building Inspector or Director of Code Enforcement determine that removal, cutting or destruction of trees for which a permit has been granted is not proceeding according to the permit, the Building Inspector or Director of Code Enforcement may revoke the permit.] The Building Inspector, Assistant Building Inspector and Code Enforcement Officers are authorized to issue stop work orders. The stop work orders shall be issued to stop: i) any work that is inconsistent with the terms and conditions of the tree removal permit; ii) any tree removal work being performed in a dangerous or unsafe manner; or iii) any work where the tree removal permit is expired, invalid, suspended or revoked. B. [Any person who violates any provision of this chapter shall be guilty of a violation, punishable by a fine of not more than $1,000. For a second and subsequent offense within a one-year period, the violator shall be guilty of a violation punishable by a fine of not more than $ 2,000 or a term of imprisonment of not more than 15 days, or both.] The Building Inspector may suspend or revoke a tree removal permit where: i) the Building Inspector finds any false statements or misrepresentations as to material facts in the application upon which the permit was based; ii) the Building Inspector finds that the tree removal permit was issued in error due to incorrect, inaccurate or incomplete information; iii) the Building Inspector finds that the work performed under the tree removal permit was not performed in accord with the application, plans and specifications; or iv) where the person to whom the permit was issued fails to comply with a stop work order. C. Except for sections 248-22A and 248-22B(iv), any person, including the applicant’s tree service contractor, who violates this chapter shall upon conviction be subject to a fine of not less than $250 nor more than $1,000 for a first offense; not less than $500 nor more than $2,000 for a second offense committed within twenty-four months of the first offense; and not less than $1,000 nor more than $4,000 for the third and subsequent offenses committed within twenty-four months of the first offense. Violations of stop work orders are punishable by fines and penalties including loss of profits pursuant to section 92-25B, C and D of the Village Code as well as the penalty noted in section 248-22F. Page 22 of 34 D. Each tree removed, cut down or destroyed in violation of this chapter shall [amount to a separate offense.] be a separate and distinct offense. E. In addition to [any other penalty,] the aforementioned fines, any person[, firm or corporation or individual connected with such firm or corporation violating] who violates any [provision of] term or condition of the tree removal permit [this document] shall be subject to a civil penalty [enforceable and collectible by the Village] of not more than [in the amount of] $500 for each and every tree removed[, cut down or destroyed in violation of this document]. The civil penalties shall be recoverable in an action brought by the Village. The Village shall be entitled to recover interest, costs and disbursements incurred with the proceeding to recover civil penalties as well as reasonable attorneys’ fees and expenditures incurred for the retention of consultants. F. In addition to any other penalty, the violator will be required to replace, in kind, each and every tree removed, cut down or destroyed in violation of [this document] the tree removal permit or this chapter. If a tree was so large and mature that it cannot be replaced, the Building Inspector [or Director of Code Enforcement] upon recommendation of the [Tree Warden] Village Arborist may require the planting of multiple trees instead. Minor tree damage (removing less than twenty-five percent of the tree’s crown or structure) shall be repaired in accordance with accepted tree surgery practice. All trees which fail to survive for a period of two years following planting shall be replaced by the [permit holder] owner at no expense to the Village [or the owner of the land, if other than the permit holder]. Said replacement shall [be] occur within [60] sixty days following written demand for such replacement from the Building Inspector or [Director of Code Enforcement] or designated representative or within an extended period of time as may be specified. G. No certificate of occupancy shall be issued for any new construction on the property [on which occurred any violation of this document unless and until the provisions of the subsection] until the terms and conditions of the tree removal permit and the requirements of this chapter have been complied with. § 248-[22] 23. Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Attachment A Section: Regulated activities; tree Number of Trees to Action: Minimum DBH removal permit be affected required. Removal of trees located in all § 248-7(A) Village public places, affixing 1 or more trees 4 inches any wire or electrical device Page 23 of 34  to such trees, or causing any conductor charged with electricity to contact such trees on public lands. Tree removal of any tree on § 248-7(B) 1-4 trees 10 inches private property. § 248-7(C) Clear Cutting. 5 or more trees 6 inches § 248-7(D) Removal of trees in any water course, waterbody, or 3 or more 4 inches wetland or wetlands buffer pursuant to section 149-2(B) § 248-7(F: ) Removal of trees as part of any site plan or subdivision 1 or more 4 inches application. Section 2. Effective Date. This local law shall be effective upon filing with the Secretary of State pursuant to section 27 of the Municipal Home Rule Law. 1. Editor's Note: See Article 8 of the Environmental Conservation Law. Page 24 of 34  Original Idea Page 25 of 34  JUNE 20TH THROUGH JUNE 29TH HUNGRY ON HUDSON Ossining & Briarcliff Manor Page 26 of 34 Restaurant Week www.Hungryonhudson.com  OPEN TO ALL OSSINING FOOD ESTABLISHMENTS & BUSSINESSES. Page 27 of 34  Resources suggest there are at least 948 restaurants available in or near Ossining. How Many Have you been To? Page 28 of 34  DINNER & A MOVIE FRIDAY JUNE 27TH RD: JUNE 28TH SUNDOWN START; Ø LOCATION MARKET SQ. Ø FOLKS WOULD BRING THEIR OWN SEATING Ø NO VENDORS WITH THE POSSIBLE EXCEPTION OF ICE CREAM CART Ø LOT WOULD BE CLOSED TO PARKING AT 7:00 Ø NO STREETS WOULD BE CLOSED Ø FREE EVENT Ø ATTENDEES WOULD BE ENCOURAGED TO “CARRY IT IN, CARRY IT OUT” Ø RUN TIME, 114 MINUTES Page 29 of 34  PROMOTION & MARKETING Ø ALL PARTCIPING VENDORS WOULD HAVE PROMOTIONAL WINDOW CARD AND DIGITAL SUPPORT Ø GOCC HAS TEAMED UP WITH MACORONI KID FOR PROMOTION, INCLUDING BUT NOT LIMITED TO, SOCIAL MEDIA, INFLUENCERS, MEDIA OUTLETS. Ø IN ADDITION, WE WILL HAVE VIDEOS, HIGHLIGHTS, AND BEHIND THE SCENE LOOKS FOR PARTCIPANTS, LEADING UP TO AND DURING “HOH” Ø BANK BUILDING BANNER AND POSSIBLE CROTON AVE BANNER Ø SIGNAGE AT FERRY LANDING Ø OUTREACH TO HAVERSTRAW CHAMBER AND RIVERARTS Page 30 of 34 TO BRING FOLKS ACROSS THE RIVER Ø COUNTY EXECUTIVE OFFICE SUPPORT  PARTICIPATION Ø FOOD ESTABLISHMENTS WILL BE APPROACHED IN PERSON AND DIGITALLY WHETHER THEY WISH TO PARTCIPATE. Ø SIZE, LOCATION, TYPE OF ESTABLISHMENT, WILL NOT MAKE A DIFFERENCE. Ø TRANSLATORS ARE ON HAND TO HELP WITH THE PROCESS WHERE NEEDED. Ø FOOD ESTABLISHMENTS CAN PARTCIPATE AS MUCH OR AS LITTLE AS THEY CHOOSE, IE: Specials, promotions etc. Ø OTHER ESTABLISMENTS, BOTH B&M AND OTHER, WILL BE INCLUDED IN PROMOTIONS AND SPECIALS DURING THE WEEK Ø THIS WILL BE OPEN TO ALL BUSINESSES AND ORGANIZATIONS IN THE LOWER VILLAGE, UPPER VILLAGE, WATERFRONT, BRIARCLIFF MANOR AND THE UNINCOPORATED TOWN. Page 31 of 34  COST: Ø VILLAGE $0 OTHER THAN SAW HORSE & NO PARKING SIGNS IN MARKET SQUARE Ø PERMITS & PARKING. ANY FUNDS NOT SPENT ON PERMITTING AND FEES WILL BE USED IN PROMOTION AND OPERATION OF HOH. THIS IS NOT A FUNDRAISER, SO ALL EXCESS FUNDS WILL BE SPENT IN SUPPORT OF THE EVENT Ø WE HAVE A GRAND SPONSOR AND HAVE OPENED A SPONSOR CALL TO THE COMMUNITY Ø VENDORS $0 Page 32 of 34 Ø PROFIT TO GOCC $0 Page 33 of 34 Partnership Page 34 of 34