Legislative Meeting

AGENDA VILLAGE OF OSSINING BOARD OF TRUSTEES REGULAR MEETING IN PERSON AT Birdsall-Fagan Police Court Facility 86-88 Spring Street Ossining, NY 10562 and VIA ZOOM Members of the public can view the meeting via computer or mobile app: https://us06web.zoom.us/j/83392191981 Members of the public can listen to the meeting by dialing in via phone: +1 929 205 6099 Webinar ID: 833 9219 1981 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Wednesday, June 5, 2024 7:30 PM MAYOR Rika Levin BOARD OF TRUSTEES Robert M. Fritsche Omar Lopez Dana White Manuel R. Quezada I. CALL TO ORDER – PLEDGE OF ALLEGIANCE – ROLL CALL II. MAYOR’S AND TRUSTEES’ ANNOUNCEMENTS III. SPECIAL PRESENTATION A. OSHA Proposed Rulemaking for Firefighters (Fire Brigade Standard)- Trustee Fritsche OSHA 1910.156 Presentation1 IV. ADMINISTRATIVE REPORTS A. Village Manager Karen D'Attore B. Corporation Counsel Stuart Kahan C. Police Chief Aaron Zimmerman V. ORGANIZATION ANNOUNCEMENTS Announcements shall be event related only, shall be no longer than two (2) minutes in length. VI. PUBLIC COMMENT ON AGENDA ITEMS Visitors shall be accorded one (1) four (4) minute opportunity to address the Board on any of the resolutions on the agenda. VII. VISITOR RECOGNITION Visitors shall be accorded one (1) three-minute opportunity to address the Board on issues not relating to the Agenda, but of relevance to the common good of the Village. VIII. VILLAGE BOARD RESOLUTIONS A. Approval of Minutes - May 15, 2024 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the May 15, 2024 Regular Meeting as presented. Legislative Meeting - May 15 2024 - Minutes - Pdf Legislative Meeting June 5, 2024 Page 1 of 11  Legislative Meeting - May 15 2024 - Minutes - Html B. Approval of Minutes - May 22, 2024 - Special Meeting RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Minutes of the May 22, 2024 Special Meeting as presented. Special Meeting - May 22 2024 - Minutes - Pdf Special Meeting - May 22 2024 - Minutes - Html C. Approval of Voucher Detail - June 5, 2024 RESOLVED, that the Board of Trustees of the Village of Ossining hereby approves the Voucher Detail Report dated June 5, 2024 in the amount of $1,572,236.86. VOUCH DET 070324 D. Adoption of the working definition of antisemitism WHEREAS, antisemitism, including harassment on the basis of actual or perceived Jewish origin, ancestry, ethnicity, affiliation, or faith, remains a persistent, pervasive and disturbing problem in American society; and WHEREAS, according to Federal Bureau of Investigation data, Jews are consistently the most likely of all religious groups to be victimized by incidents of hate in the United States and such incidents are increasing at an alarming rate; and WHEREAS, an April 16, 2024 report from CNN noted, “The Anti-Defamation League tracked 8,873 antisemitic incidents in the United States in 2023- the highest number of incidents reported since the organization began tracking data in 1979…Last year, the number of antisemitic incidents outpaced the all-time high set in 2022 by 140%...The more than 8,800 incidents of antisemitism tracked by the group included harassment, vandalism and assault, is a dramatic increase from the nearly 3,700 cases reported in 2022”; and WHEREAS, municipal officials and institutions have a responsibility to protect citizens from acts of hate and bigotry, including antisemitism, and must adopt the tools to do so; and WHEREAS, valid monitoring, informed analysis and investigation, and effective policymaking all benefit from accurate and uniform definitions; and WHEREAS, in May, 2016, the International Holocaust Remembrance Alliance (“IHRA”), by consensus vote of its member states, adopted the Working Definition of Antisemitism; and WHEREAS, the IHRA definition states, “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities”; and WHEREAS, the IHRA Working Definition of Antisemitism has become the internationally recognized authoritative definition of antisemitism for use by governments and international organizations; and WHEREAS, the IHRA Working Definition of Antisemitism has proven to be an essential tool to determine contemporary manifestations of antisemitism; and WHEREAS, the IHRA Working Definition of Antisemitism is used by agencies of the United States government including the Department of State and Department of Education and has been adopted or endorsed by more than 1178 entities across the world including by 41 countries, over 485 municipalities and regional governments, over 346 educational institutions, and 306 other organizations; and WHEREAS, in the United States, the IHRA Working Definition of Antisemitism is utilized by various government and law enforcement agencies in monitoring, training, and education and has been adopted by 31 states and more than 69 counties and cities; Legislative Meeting June 5, 2024 Page 2 of 11  and WHEREAS, the Village of Ossining values religious diversity and interfaith tolerance, and the Jewish community is an inseparable part of the village’s social fabric, culture and heritage; now, therefore be it RESOLVED, that the Village of Ossining Board of Trustees adopts the non-legally binding IHRA Working Definition of Antisemitism, as an important tool to address antisemitism; and be it further RESOLVED, that all village departments, boards and commissions shall ensure that copies of the IHRA Working Definition of Antisemitism are available as an educational resource for those village departments, boards and commissions responsible for addressing antisemitism and other forms of discrimination. E. Call for Public Hearing-Proposed Local Law -2024 titled “A Local Law repealing chapter 162, article VI (Housing/Property Maintenance and Building Code Administration), chapter 95 (Buildings and Structures, Unsafe and Demolition of) and adding a new chapter 92 (Building Construction and Fire Prevention Code- Administration and Enforcement) to the Village of Ossining Code.” RESOLVED, that the Board of Trustees of the Village of Ossining hereby calls for a Public Hearing to take place at 7:30 pm on June 18, 2024, at the Birdsall Fagan Police- Court-Facility, 86-88 Spring Street, Ossining, New York to consider proposed Local Law -2024, titled, “A Local Law repealing chapter 162, article VI (Housing/Property Maintenance and Building Code Administration), chapter 95 (Buildings and Structures, Unsafe and Demolition of) and adding a new chapter 92 (Building Construction and Fire Prevention Code- Administration and Enforcement) to the Village of Ossining Code”; and be it further RESOLVED, that the proposed local law repeals certain provisions of the village code and adopts with modifications the New York State Model Code relating to code enforcement and administration; and be it further RESOLVED, that members of the public are invited to attend the public hearing in- person at the above-referenced location; and be it further RESOLVED, that those members of the public requiring a reasonable accommodation to participate in the public hearing due to that person’s disability, shall notify the Corporation Counsel no later than seven (7) days before the public hearing (kahan@villageofossining.org) to afford the village sufficient time to provide the reasonable accommodation; and be it further RESOLVED, that for those members of the public who want to attend/participate in the public hearing remotely, access will be available via the Zoom platform; and be it further RESOLVED, that comments regarding the proposed local law will be accepted by the Board of Trustees at BOT@villageofossining.org. Please click on this URL to join: https://us06web.zoom.us/j/83392191981 Via phone: +1 929 205 6099 Webinar ID: 833 9219 1981 Local Law -2024 (Chapter 92- Building Construction and Fire Prevention Code- Administration) F. Call for Public Hearing-Proposed Local Law -2024 titled “A Local Law adding chapter 205 (Rental Registry) to the Village of Ossining Code.” RESOLVED, that the Board of Trustees of the Village of Ossining hereby calls for a Public Hearing to take place at 7:30 pm on June 18, 2024, at the Birdsall Fagan Police- Court-Facility, 86-88 Spring Street, Ossining, New York to consider proposed Local Law -2024, titled, “A Local Law adding chapter 205 (Rental Registry) to the Ossining Code”; and be it further RESOLVED, that the proposed local law add chapter 205 establishing a rental registry Legislative Meeting June 5, 2024 Page 3 of 11  for all one-and two-family private dwellings that are rented or leased in the Village of Ossining; and be it further RESOLVED, that members of the public are invited to attend the public hearing in- person at the above-referenced location; and be it further RESOLVED, that those members of the public requiring a reasonable accommodation to participate in the public hearing due to that person’s disability, shall notify the Corporation Counsel no later than seven (7) days before the public hearing (kahan@villageofossining.org) to afford the village sufficient time to provide the reasonable accommodation; and be it further RESOLVED, that for those members of the public who want to attend/participate in the public hearing remotely, access will be available via the Zoom platform; and be it further RESOLVED, that comments regarding the proposed local law will be accepted by the Board of Trustees at BOT@villageofossining.org. Please click on this URL to join: https://us06web.zoom.us/j/83392191981 Via phone: +1 929 205 6099 Webinar ID: 833 9219 1981 LL -2024 (Chapter 205- Rental Registry) G. Adoption of Local Law 6-2024, “A Local Law amending chapter 147 (Food Establishments)” WHEREAS, the Board of Trustees of the Village of Ossining (“Village Board”) has been considering the adoption of proposed Local Law -2024, titled, “A Local Law amending chapter 147 (Food Establishments) of the Village of Ossining Code; and WHEREAS, a public hearing was conducted on May 15, 2024 at 7:30 pm at the Birdsall Fagan Police-Court Facility, 86-88 Spring Street, Ossining, New York and via the Zoom platform affording members of the public an opportunity to be heard; and WHEREAS, the public hearing was closed on May 15, 2024; and WHEREAS, there are no impediments to approving the proposed local law; now therefore be it RESOLVED, that the Board of Trustees of the Village of Ossining hereby adopts as Local Law 6-2024, A Local Law amending chapter 147 (Food Establishments) of the Village of Ossining Code and directs that said local law be filed and/or distributed in accord with applicable law; and be it further RESOLVED, that Local Law 6-2024 shall become effective upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Definition of refreshment business (LL -2024) H. Referral of proposed zoning text amendments to the Planning Board WHEREAS, that pursuant to section 270-59 of the Village of Ossining Code, “this chapter, or any part thereof, may be amended, supplemented or repealed from time to time by the Village Board on its own motion or upon recommendation by the Planning Board. Prior to the public hearing…every proposed amendment shall be referred by the Village Board to the Planning Board for a report which shall be rendered within 62 days of such referral; and WHEREAS, the Board of Trustees is considering an amendment to chapter 270 (Zoning) to add a new article titled, “Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District”; now therefore be it RESOLVED, that pursuant to section 270-59 of the Village of Ossining Code, the Board of Trustees refers the proposed zoning text amendment to the Planning Board; and be it further Legislative Meeting June 5, 2024 Page 4 of 11  RESOLVED, that the Planning Board shall issue its report on the proposed text amendments to the Zoning Code within sixty-two (62) days of this referral; and be it further RESOLVED, that pursuant to section 270-59A(1), the Planning Board shall make inquiry and determination concerning the items specified below: a. Whether such changes are consistent with the aims and principles embodied in the law as to the particular districts concerned. b. Which areas, land uses, buildings and establishments in the Village will be directly affected by such changes and in what way they will be affected. c. The indirect implications of such changes in its effect on other regulations. Whether such proposed amendments are consistent with the aims of the Comprehensive Plan of the Village and the Local Waterfront Revitalization Program (LWRP). LL -2024 (Indian Brook Croton Gorge Overlay district) (SEK) I. Authorizing the Finance Department to impose a $5 per unit administrative fee for those residential units covered by the Emergency Tenant Protection Act. WHEREAS, by resolution dated September 5, 2018, the Board of Trustees declared that an emergency existed as set forth in the Emergency Tenant Protection Act (ETPA); and WHEREAS, by resolution dated February 25, 2019, the Board of Trustees modified the September 5, 2018 resolution so that the ETPA would only apply to buildings completed prior to January 1, 1974 with twenty-one or more units; and WHEREAS, New York Unconsolidated Laws section 8628(b) provides, “The legislative body of any city, town or village acting to impose regulation of residential units pursuant to the provisions of this act may impose on the owner of every building containing housing accommodations subject to such regulation an annual charge for each such accommodation in such amount as it deems necessary for the expenses to be incurred in the administration of such regulation”; and WHEREAS, New York Unconsolidated Laws section 8628(e) provides in part, “the failure to pay the prescribed assessment not to exceed twenty dollars per unit for any accommodation subject to this act…shall constitute a charge due and owing to such city, town or village which has imposed an annual charge for each such housing accommodation pursuant to subdivision b of this section. Any such city, town or village shall be authorized to provide for the enforcement of the collection of such charges by commencing an action or proceeding for the recovery of such fees or by the filing of a lien upon the building and lot. Such methods for the enforcement of the collection of such charges shall be the sole remedy for the enforcement of this section”; and WHEREAS, pursuant to the 2019 Housing Stability and Tenant Protection Act the annual ETPA stabilization fee is $20.00 per unit; and WHEREAS, on May 25, 2024 correspondence was sent to the Village Treasurer fromNew York State Homes and Community Renewal (HCR) which correspondence included an invoice for $8,880 based upon a charge of $20.00 per unit with 444 eligible units in 7 buildings for fiscal year 2023/2024; and WHEREAS, the Village may assess a surcharge for its administrative costs in connection with the ETPA program; now therefore be it RESOLVED, that the Treasurer is authorized to assess a $5.00 per unit surcharge for each of the 444 eligible ETPA units; and be it further RESOLVED, that the Treasurer shall have the Finance Department send out notices to the owners of the 444 eligible units apprising the owners of the $5.00 surcharge and that payment must be made to the Village of Ossining Finance Department by December 1, 2024; and be it further RESOLVED, upon the failure of those owners to make the required surcharge payment by December 1, 2024, the Village Treasurer shall certify the amounts due and those Legislative Meeting June 5, 2024 Page 5 of 11  amounts shall become liens upon the properties and shall be added to and become a part of the taxes next to be assessed and levied on such properties, to be collected and enforced in the same manner as taxes. OssiningETPA2324Letter J. Authorizing agreements for structural engineering consulting services WHEREAS, on March 20, 2024, the Board of Trustees adopted a resolution authorizing the Village Manager to issue a request for qualifications for structural engineering consulting services; and WHEREAS, responses were received from five engineering firms in response to the request for qualifications; and WHEREAS, village staff reviewed the responses and recommended to the Board of Trustees that all five responding firms be retained by the village on an as needed basis; now therefore be it RESOLVED, that the Village Manager is authorized to sign agreements with the following engineering firms to provide structural engineering consulting services on an as needed basis:  CPL Architects, Engineers, and Landscape Architect, DPC 875 Route 35, Suite 7S-1 Katonah, New York 10536 (Proposal dated May 3, 2024)  Grossfield Macri Consulting Engineers, PC 34 Shadblow Hill Road Ridgefield, Connecticut 06877 (Proposal dated April 26, 2024)  Colliers Engineering & Design, Architecture, Landscape Architecture, Surveying CT PC 400 Columbus Avenue, Suite 180E Valhalla, New York 10595 (Proposal May 3, 2024)  M.G. McLaren Engineering and Land Surveying, PC 530 Chestnut Ridge Road Woodcliff Lake, New Jersey 07677 (Proposal dated May 3, 2024)  Tectonic Engineering Consultants, Geologists & Land Surveyors, DPC 1 North Lexington Avenue, Suite 530 White Plains, New York 10601 (Proposal dated May 3, 2024) K. Finance – Establishment of 2024 Police Tactical Team Capital Project from Federal Grant Funding WHEREAS, Village management wishes to establish a capital project in accordance with the Police Tactical Team Federal grant awarded of $75,00 for equipment purchases, now therefore be it RESOLVED, capital project and capital project budgets are established, as follows: Legislative Meeting June 5, 2024 Page 6 of 11  L. Finance – Establishment of 2024 Police Critical Infrastructure Capital Project from Federal Grant Funding WHEREAS, Village management wishes to establish a capital project in accordance with the Police Critical Infrastructure Federal grant awarded of $50,000 for equipment purchases, now therefore be it RESOLVED, capital project and capital project budgets are established, as follows: M. Finance – Establishment of 2024 Police NYS DCJS Law Enforcement Technology Capital Project from State Grant Funding WHEREAS, Village management wishes to establish a capital project in accordance with the Police NYS Division of Criminal Justice Services Law Enforcement Technology grant awarded of $150,000 for license plate readers, now therefore be it RESOLVED, capital project and capital project budgets are established, as follows: N. Local Fiscal Recovery- Funds from the U.S, Department of Treasury (ARPA) WHEREAS, the United States Congress passed the “American Rescue Plan Act of 2021” (ARPA), which legislation was subsequently signed by President Biden; and WHEREAS, Section 603 of the ARPA provides for financial assistance for counties, cities, and non-entitlement units of local government for eligible expenses in accordance with the “Final Rule” issued by the U.S. Treasury Department; and WHEREAS, the Village received $2,544,812.87 in ARPA funding; and WHEREAS, the Treasury Department issued guidance on how the non-Entitlement units can utilize the funding, with funds to be obligated by the end of 2024 and spent by the end of 2026; now therefore be it RESOLVED, that the Board of Trustees herby obligates American Rescue Plan Act (ARPA) Funds (Coronavirus State and Local Fiscal Recovery Funds) from the U.S. Department of Treasury in a total amount of $2,544,812.87 for the purpose of a water treatment facility and more specifically for the Indian Brook Water Treatment Facility Project; and be it further Legislative Meeting June 5, 2024 Page 7 of 11  RESOLVED, that the Village Treasurer and Deputy Treasurer are directed to complete all necessary and required reporting and documentation under the revenue loss category to comply with the American Rescue Plan Act. O. Finance – Budget Modification – New Indian Brook Water Treatment Plant Capital Project WHEREAS, by resolution adopted by the Board of Trustees on September 5, 2018, and based on estimates provided by the Village’s consulting engineers, the Board established a capital project in the amount of $38,295,552.00 for the construction of a new water treatment plant facility that shall be capable of providing up to 7.0 MGD (million gallons/day) of treated drinking water, to be financed by issuance of serial bonds, and WHEREAS, the Board of Trustees of the Village of Ossining, Westchester County, New York (the “Village”), on September 14, 2021, duly adopted a bond resolution authorizing the issuance of up to $63,160,000 bonds of said Village to pay the cost of the construction of the Indian Brook Water Treatment Plant Project, in and for said Village of Ossining, Westchester County, New York; and WHEREAS, the Village on July 26, 2023, duly adopted a bond resolution authorizing the issuance of up to $15,241,528 bonds of said Village to pay the cost of the increase in cost of the construction of said Project; and WHEREAS, the Village on December 6, 2023 determined that the maximum estimated cost of such object or purpose based on final bid amounts is $105,729,040, an increase of $27,327,512 over that previously authorized was approved by bond resolution; and WHEREAS, the Village has obligated the expenditure of $2,544,812 ARPA funds; and WHEREAS, the Village has been awarded grants in the amount of $10,000,000 from the New York State Mid-Hudson Momentum Fund, $5,000,000.00 from the New York State Water Infrastructure Improvement Act (WIIA), and from NYS and in the amount of $160,000.00 from the Green Innovation Grant Program (GIGP) through the NYS Environmental Facilities Corporation (EFC) designated to help pay for components of a green roof at the proposed new water treatment plant, which is part of the revised estimated project budget, now therefore be it RESOLVED, the capital project budget for the New Indian Brook Water Treatment Plant facility is modified to reflect the adjusted capital project budget. Legislative Meeting June 5, 2024 Page 8 of 11  P. Finance – Adjust and Close 2020 Parking Study Capital Project WHEREAS, Village management wishes to adjust the revenue and expense budgets to actual project costs of $119,444 for the 2020 Parking Study Capital Project 2239 and close the capital project funded from a General Fund transfer of $60,000, and State Grant funds of $59,722, now therefore be it RESOLVED, the following capital project and capital project budget is adjusted, as follows: Q. Finance – Adjust and Close 2021 Nelson Park Tree Planting Capital Project WHEREAS, Village management wishes to adjust the revenue and expense budgets to actual project costs of $35,665.70 for the 2021 Nelson Park Tree Planting Capital Project 2247 and close the capital project funded from State Grant funds of $35,665.70, now therefore be it RESOLVED, the following capital project and capital project budget is adjusted, as follows: Legislative Meeting June 5, 2024 Page 9 of 11  R. Finance – Adjust and Close 2018 200 Main Street Capital Project WHEREAS, Village management wishes to adjust the revenue and expense budgets to actual project costs and revenues received of $455,130.88 for the 2018 200 Main Street Capital Project 2201 and close the capital project funded from a General Fund transfer of $180,774, and State Grant funds of $274,356.88, now therefore be it RESOLVED, the following capital project and capital project budget is adjusted, as follows: S. Finance Dept – Resolution to Close Completed Capital Projects in 2024 (6/05/2024) WHEREAS, it is good practice to periodically review the status of capital projects and to close completed projects and disburse residual equity balances, as appropriate, and WHEREAS, the Finance Department has reviewed the status of capital projects as of the end of the 2023 fiscal year, and to date in 2024, have consulted with department heads, and recommend that certain capital projects be declared closed by the Board of Trustees, now therefore be it RESOLVED, the following capital projects are hereby declared closed, the residual equity balances transferred as appropriate (based on original project funding source), and the respective project budgets modified to reflect the residual equity transfers, as follows: Legislative Meeting June 5, 2024 Page 10 of 11  T. Appointment- Landlord Tenant Relations Council RESOLVED, that the Board of Trustees appoints Alexander Zamenhof to the Landlord Tenant Relations Council (neither landlord nor tenant category) to complete a term expiring on December 31, 2024. U. Fire Department – Appointment – Ossining Hose CO. #1 RESOLVED, that upon recommendation of the Fire Chief, Michael Aurora, Ossining, New York was elected as active members of Ossining Hose CO. #1 for interior firefighting. Michael Aurora V. Fire Department – Appointment – Ossining Hose CO. #1 RESOLVED, that upon recommendation of the Fire Chief, Christopher Piacentile, Ossining, New York was elected as active members of Ossining Hose CO. #1 for interior firefighting. Christopher Piacentile IX. CONTINUING BUSINESS OF THE BOARD X. NEW BUSINESS OF THE BOARD XI. ADJOURNMENT Legislative Meeting June 5, 2024 Page 11 of 11