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Work Session

Regular Meeting

Ossining, NY · June 12, 2024

Agenda

Agenda

Village of Ossining Work Session Agenda Wednesday, June 12, 2024 @ 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/83519013039 Members of the public can listen to the meeting by dialing in via phone: +1 929 205 6099 Webinar ID: 835 1901 3039 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Topic: Sustainable Westchester Update on CCA Contact: Karen D'Attore, Village Manager SW - Village of Ossining - WP Renewal 2024 Topic: 12 inch transmission main, 9A water main replacement Contact: Stuart Kahan, Corporation Counsel, Andrew Tiess, Superintendent of Water/Sewer & Tom Pasquale 6.10.24 Manganaro Proposal Topic: Driveway Paving Fees Contact: Stuart Kahan, Corporation Counsel & Joseph Agostinelli, Building Inspector Topic: Rental Registry Fees Contact: Stuart Kahan, Corporation Counsel & Joseph Agostinelli, Building Inspector Topic: Vacant Storefront Fees Contact: Stuart Kahan, Corporation Counsel & Joseph Agostinelli, Building Inspector Topic: Special Events Fees Contact: Karen D'Attore, Village Manager Topic: License/site agreements for Project Mover Contact: Stuart Kahan, Corporation Counsel Topic: Proposed Local Law -2024: A local law amending chapter 91, section 91-23 Contact: Stuart Kahan, Corporation Counsel Work Session June 12, 2024 Page 1 of 51 Chapter 91- Escrow ADJOURNMENT - WORK SESSION Work Session June 12, 2024 Page 2 of 51 Westchester Power 6/12/2024 Village of Ossining Page 3 of 51 A SHARED CHALLENGE Page 4 of 51 CLIMATE CHANGE IS HERE, NOW TEMP RAIN Page 5 of 51 OUR COMMUNITIES ARE IMPACTED White Plains Yorktown Tarrytown Page 6 of 51 9/23/2023 9/23/2023 10/21/2023 4 AMBITIOUS GOALS FOR NYS Climate Leadership and Community Protection Act - CLCPA 70% renewable energy by 2030 Zero emissions by 2040 Page 7 of 51 SHARED SERVICES: DOING MORE TOGETHER Page 8 of 51 SUSTAINABLE WESTCHESTER CREATED BY AND FOR WESTCHESTER’S MUNICIPALITIES Page 9 of 51 and Westchester County itself GRID SW IS SHARED SERVICE PROGRAMS EFFICIENCY COMMUNITY ELECTRIFICATION ENERGY SOLUTIONS WESTCHESTER POWER ENERGYSMART HOMES GRID REWARDS ZERO WASTE RECYCLE RIGHT APP BUILDING DECARBONIZATION Page 10 of 51 COMMUNITY SOLAR SUNSHINE TO EV OPPORTUNITY, COMMUNITY & EQUITY GREEN WORKFORCE ENVIRONMENTAL JUSTICE MUNICIPAL ENGAGEMENT LMI Utility Savings Empower SERVICE PROVIDER HELP Climate Justice Fellows Public Housing Support Page 11 of 51 WESTCHESTER POWER IS A CORNERSTONE OF REGIONAL CLIMATE ACTION Page 12 of 51 WESTCHESTER POWER CCA First and Largest CCA in New York State 29 Municipalities 145,000 Page 13 of 51 Residents and Small Businesses Provide Clean Energy Expand Consumer Choice Cap Electricity Costs Page 14 of 51 PROVIDE CLEAN ENERGY 2023 310,860 Metric Tons of Carbon Page 15 of 51 PROVIDE CLEAN ENERGY Page 16 of 51 Cars off the road 73,985 Based on EPA Calculator PROVIDE CLEAN ENERGY 310,860 Tons of Carbon . . . Westchester Power > Page 17 of 51 More impactful than all other municipal actions combined. PROVIDE CLEAN ENERGY 310,860 Tons of Carbon . . . Page 18 of 51 $40,411,800 social costs averted. NYSDEC calculation for 2025, based on 2% discount rate Expand Consumer Choice Westchester Power DEFAULT DEFAULT Utility Utility ESCOs ESCOs Page 19 of 51 Traditional CCA CAP ELECTRICITY COSTS UTILITY RATES HAVE VARIED from 4 cents to 22 cents since program launch. WP PREDICTABLE FIXED-RATE never exceeds the contract level. Page 20 of 51 STATE GRANTS STATE GRANTS can be accessed by municipalities that participate in CCA. NYSERDA’s Clean Energy Communities program recognizes CCA as a high-impact action. Page 21 of 51 STATE GRANTS Page 22 of 51 CUSTOMER SUPPORT & EDUCATION CUSTOMER HELP by phone or email BILINGUAL SUPPORT & OUTREACH COMMUNITY ENGAGEMENT LINKS TO OTHER PROGRAMS with guaranteed savings EASILY ACCESSIBLE INFO through our website ASSISTANCE FOR MUNI STAFF is Page 23 of 51 always available IMPROVING COMMUNICATION CUSTOMIZED PLAN based on community collaboration. POSSIBLE APPROACHES ● Enhanced messaging for opt-out period ● Monthly email updates ● Video guide to online information ● Robocalls/texts as needed ● In-person community workshops ● Community leader engagement Page 24 of 51 ● Additional mailings and/or inserts LOW & MODERATE INCOME PROTECTION/ASSISTANCE Not Enrolled in CCA Guaranteed Savings Community Solar HEAP Home Energy Assistance Program GridRewards UAP Utility Assistance Program Page 25 of 51 EmPower+ EMPOWERMENT Page 26 of 51 CONSUMERS CAN ALWAYS OPT-OUT, AND IT’S EASY OPTING OUT IS SIMPLE, customers can: 1. Mail (Before Enrollment) 2. Online at sustainablewestchester.org/wp/con-ed-area-choosesupply 3. Email westchesterpower@sustainablewestchester.org 4. Phone at (914) 242-4725 ext.111 NEVER ANY FEES OR PENALTIES COME AND GO AS OFTEN AS YOU LIKE Page 27 of 51 ONCE & DONE: You remain out of the program unless you choose to opt back in. WHY IS OPT-OUT NECESSARY? VIABILITY The only practical model IMPACT Clean energy uptake at scale THERE IS ALWAYS A DEFAULT !!! Not whether, but what Page 28 of 51 WE ARE ALL EMPOWERED Residents & Businesses Municipalities Make the best choices for Advance community-wide values and ourselves from a broader priorities through intentional decision- menu of options. making. Page 29 of 51 Price Enhanced Competition & Options Predictability Clean, Renewable Power Environmental Action Consumer Protection CURRENT CONTRACT Page 30 of 51 CURRENT CONTRACT: CON ED TERRITORY Supplier: Constellation New Energy Rates for Residential & Small Commercial: • Renewable – 15.449¢/kWh • Standard – 13.685¢/kWh Term: November 1st 2022 through October 31st 2024 (24 months) *Con Ed 12-month trailing average for the period 04/2023-03/2024: 9.378¢/kWh Page 31 of 51 WHY? UNIQUE CHALLENGES IN 2022 WAR IN UKRAINE roils energy markets ENERGY PRICES FORECAST TO RISE ACTUAL PRICES DECLINE post-contract, leaving fixed-rate higher than utility Page 32 of 51 BUT LONG-TERM PRICING IS COMPETITIVE . . . Year Con Ed Avg WP Renewable WP Standard 2016 8.01 7.68 7.38 2017 8.41 7.68 7.38 2018 8.55 7.68 7.38 2019 6.46 7.96 7.71 2020 5.64 7.96 7.71 2021 7.23 7.41 6.75 2022 10.38 9.34 8.40 2023 9.36 15.13 13.36 2024 11.39 15.44 13.68 ABOVE BELOW Since 2016 7.98 9.03 8.41 Utility Utility Price Price Page 33 of 51 WP RENEWABLE ENERGY IS A GOOD DEAL Monthly ranges of comparable ESCO offerings (12-24 month contracts, 100% renewable) WP RENEWABLE ENERGY has typically come in below market costs, even in the most recent contract, comparing favorably with similar renewable offerings from ESCOs. Page 34 of 51 NEW CONTRACT OPPORTUNITIES Page 35 of 51 MARKET CONTEXT: ADVANTAGES FOR FIXED RATES CAPACITY CONCERNS: NYISO projects a shortage in 2025 with the confluence of peaker plants coming offline, acceleration of electrification and new emissions rules coming into effect. PRESSURE ON NATURAL GAS PRICES: Natural gas is the electricity market price setter. Exports to higher priced market are again becoming a factor as port facility capacity increases. HOT SUMMER PREDICTED: 2-4 degrees higher than Page 36 of 51 average. New York City will likely see twice as many 90- degree days as in 2023, when there were 12. MARKET CONTEXT: REC LIMITS & OPTIONS RECs 101 Tier 2 LIMITED SUPPLY ● New York renewable market system Primarily hydropower based on “renewable energy certificates” - RECs ● For generation constructed prior to Jan 1, 2015 ● Maintaining and optimizing legacy facility output, ● 1 REC = 1 megawatt-hour of power and keeping it in-State put out on the grid ● NYS has designed distinct “tiers” of Tier 1 RECs for different policy purposes, NOW AVAILABLE Primarily wind but all to grow renewables and meet Page 37 of 51 and solar ● Started operation after Jan 1, 2015 clean energy goals ● Considered higher “additionality” - deeper green. RENEWABLE ENERGY MIX TO DATE & GOING FORWARD Paths to 100% Default Current & A possible T2 If availability can If availability can past contracts shortage means be met, possibility be met, munis 2024 base for 100% T2 can add T1 contract would be Tier 1 100% 50% 100% + Tier 2 Tier 2 Tier 2 Tier 2 100% Blend Page 38 of 51 Greener Green Greener Greenest CURRENT INDICATIVES Based on energy markets today. Apples-to-apples reduction of roughly 20% in rates. Page 39 of 51 GETTING TO 100 Challenge: NYSERDA price for Tier 1 RECs known by July, and sale in August, with Tier 2 availability unknown until that time frame as well, but we are looking to sign the main contract in June June: Award & sign contract for 50% Tier 2 July: REC opportunities are identified in July for Tier 1 & Tier 2 July-August: RECs are secured and contract amendments that allow Page 40 of 51 for 100% Renewable default are executed Two MOU Options 1. Tier 2 50% Default and 100% Customer Opt Up The product structure we initially go to bid with and contract for in June will be the structure for the upcoming contract, regardless of Tier 1 & Tier 2 REC availability 2. 100% Renewable Default if Possible Allows for final decision by the municipality once Tier 1 & Tier 2 product prices are settled the possibility for a default 100% Renewable product is known Page 41 of 51 REQUESTED ACTIONS & TIMETABLE Municipalities Sustainable Westchester (Pre-Contract) Approve/Sign MOU: Throughout June RFP Release: Mid-June Sign Contract Post-Award: Late June Bid Award: Mid/Late June Sustainable Westchester (Post-Contract) Tier 1 Price Determined: July Tier 1 Auction: Aug 1-15 Final Pricing: Aug 15-17 Public Meetings: End of Aug Page 42 of 51 Opt-out Period: Early Sept - Early Oct Customer Enrollments: Starting Nov 1 THANK YOU! Contact Us Nick Tedrow, Deputy Program Director nick@sustainablewestchester.org 914-242-4725 ext 118 Westchester Power General westchesterpower@sustainablewestchester.org More Program Information at: Page 43 of 51 sustainablewestchester.org/wp/conedterritory 303 South Broadway, Suite 223 m a n g a n 3 r0 Tarrytown, NY I 0591 T: 914. 769.0000, F: 914. 769.1976 June 10, 2024 Mr. Andrew W. Tiess, Superintendent of Water & Sewer J ohn-Paul Rodrigues Ossining Operations Center 101 Route 9A, PO. Box 1166 Ossining, NY 10562-1993 RE: Professional Engineering Services Proposal — Installation of a New Water Main Whitetail Circle, Hawkes Avenue & Route 9A NYSDOT Entrance/Exist Ramp o Pa 1 5f CAMCE No. P—2049 ge Dear Mr. Tiess: Charles A. Manganaro Consulting Engineers, P.C. (CAMCE) is pleased to offer this proposal to provide requisite Of?ce Services and Construction Administration services towards the existing design for installation of the new 8 & 12-inch diameter water mains within the Town/Village water distribution system. The work involves the installation of approximately 960 linear feet of new 8 & 12-inch diameter Class 54, ductile iron water mains on Whitetail Circle, Hawkes Avenue & a portion of Route 9A NYSDOT Entrance/Exist Ramp. The scope also includes the installation of in-line gate valves and the installation of new ?re hydrant assemblies. The areas identi?ed as requiring new water mains are summarized in the following table and are the basis of the limits of this work: Whitetail the 9A Entrance/Exist Route Avenue, Whitetail Avenue Circle Circle, and NYSDOT Location & Hawkes Ramp. Hawkes a portion of Service Connections No. of No. 62 of In- Gate Valves/Size line12- Diameter 8-inch inch Page 44 of 51 Page 45 of 51 80-088 80 8a 80m$5539 mg?om 2: 985582 6 8m 8:358:86 hammooo: o? 238m .9830 um 30 $809on 3030M .888qu :88me >328“:9888300 85 $8on moEo?tmmom m> countomwnm?l 39m #8? 302 2: canA ODD v .8 EoEtonQ b 00 “88:33 05 m3£5253 0859000 .mm?a?w 90%$305 w 325% .95 com888qu t??EBE a$80: > 03>on 8 .258qu 22m HEB3958800 0%: 882 z“ @632: mange 5833:0929 a 8:980 c Escoaom ucot< .o got/w . 3283850 win—5mo?tom 35¢ Samoa .9 gotoq 38on 3 8:02 a 25mmw 23on 05 5 H333 8 ESP 2: Sm 0030: E08835 bcoo2: 8m bm?u?aoo go.“ 3:08:08 mmmmaoc Eon w mo :55 2: 325% on“; 33 232m 038383 douosbmqoo 4. macaw 2: 9 0322 8: 8,“Sm mandooQ aco?aoom mEcEm 88:80 mo38 Bow v 3 55388 Sm mEo?sooQ 88:50 2: momoEoo g Sow 23on 025$ .s gated EmB< wo8:0 Z 2: 03mmc 232m magi .Hease 683m 8% 228286 2: 38on «in 60382 mums >632 “mammomo Ba. 2: n mm cBmoE—oc .8358 meteo?08 032 canmagma29-89 2: m 98 a303.3% .6 2: :o wommm .: gash. mC mmu C mE 303 South Broadway, Suite 223 Tarrytown, NY 10591 m a n ga n a r0 E N G' N E E R 5 T: 914.769.0000, F: 914.769.1976 Responsibilities of the Clien t: a. All data deemed relev to, the not project but limited including, existing plans Task III. Field Services during Construction: As per WCDOH requirements,provide a full- ant and/or record as-built orstreet and construction other details, utilities, time Resident Representative to monitor the Contractor’s work during construction. information shall be pr tothe Engineer. It is anticipated that the ?eld services for the project will require approximately 13 o b. Provide access to all vi si weeks. The details of Field Services to be provided under this task are as follows: dte c. from the representa Provide the name of aes. to Ossining Town/Village a. of During the period of construction, observation of work quality and progress by a d tive serve as a contact duri coattend who and meetings. project will resident representative(s) skilled in ?eld resident services. ng ns tr b. Observe required testing by the Contractor. uc P53 of ti c. Interact with all parties to provide interpretation of the documents. a o g (1. Prepare daily work reports and review Contractor monthly payment estimate. n e e. Assist in identifying any change orders. 1'. Coordinate with the Town/Village of Ossining. g. Attend project meetings with the Contractor. h. Prepare a ?nal punch list of outstanding work for the Contract upon substantial completion of the project and provide ?eld veri?cation of completed or corrected items. Additional Engineering Services: CAMCE will provide any additional services required for this project and not delineated in this proposal. Our fee for “additional engineering services” will be based on the attached Schedule of Hourly Rates and will not be billed without prior approval from the Town/Village of Ossining. These services may include attending meetings not identi?ed with this proposal such as with WCDOH and NYSDOT, negotiating Page 46 of 51 Page 47 of 51 3.9“in Hm oodvanmmm oodomnmmm oodooao; £338 2% View 52 .880 20x83 $53 #2230805 a a 5:53 93 .2882: ?qomzwcxx mmmaEmmmO mmo .8 03:5 :— v—m?h .Bmwouwwm some 3* 5585 8m 338 N 8:0 80 38:06 m“6 v ow? A 8anwish. cotosbmcoo mEEQ5.3qu .8 moom?om28:82? 2 2m 8388 .8 8289 5582 53 833 62888 soon0%.: £8: wag/0:8 u? 5. 3:23 u nocosbmnoo wEEQmo?tom 850 gush. Emomoim.H.8 tag 38238 on:55 $83980 8850 @2888 2? 322% 6832 ooammcm 2: 9 8:359:00 2t dws?o 38% 358283.. >882:on omoa aist 2:2: $83 .3 .0“: 80$”.on 2: E 828205 8: 3338 38:83 8% SE ::me 3 :00 dw?u? 826%Sma"moo doom 038308 333:8 uBEoomm< 88.3.8.5 mmm m _02 Z w .25: E: 33 m 0L Cm 2: m mE mam—8x83 2885C c 83% 53> 8:03:80 8: ~33 82:80 a 8 3me 08 E xmmh88 303.3% 32m 2? A "$82 -P-ZOOO lo 2099\P—2049 Ossinmg Gordon of Mums Water Replacement M \ -L 9AInden\Final Route Circle, Proposals_02242017\Poposal Whitetail Route Avenue and Hawkes A BY: Shailesh R. Naik 303 Suite South Broadway, 223 9AP 06 rAMP\2024 IO Entrance Proposal docx ———————— m a n an a r0 R eXlST C 1059] NY Tarrytown, O President , g E N GI N E E R S P C 914.769.0000, O L 2. T: F: 914.769.1976 S EP A Attachment J L T S L Please feel free to call me if you hav aor dditional quest Your require E information. D V Village Engineer cc: Mr. Paul Fra P.E. e nions constitute Agreement authorized signature on a copy of thi sawill between yatisfactory ioli s , us for the performance of these servi ces. Very truly yours, CHARLES A. MANGANARO CONSULTING ENGINEERS, P.C. «(a/L P 5of ag e Page 48 of 51 Page 49 of 51 Proposed Local Law -2024 A local law amending chapter 91, section 91-23 (Building Construction, Payment of review costs) and section 91-24 (Failure to pay review costs). BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows: Section 1. Chapter 91, section 91-23 (Building Construction, Payment of review costs) is amended with new matter underlined and deleted matter in [brackets]. § 91-23 Payment of review costs. A. Consultants and Village staff members providing professional services will submit monthly statements to the [Director of Planning] Planning Department for their professional services, setting forth the services provided and the cost of those services. The cost of professional services provided by a consultant will be as provided in the consultant's agreement with the Village, consistent with the usual charges for such services in Westchester County. The cost of professional services provided by the Village's professional staff will be at hourly rates based upon the actual salary and benefits paid by the Village, as determined by the Treasurer. B. Within 15 days of the receipt of a monthly statement from a consultant or the Village's professional staff, the [Director of Planning] Planning Department will provide a copy of the statement to the applicant by regular mail to the address specified by the applicant or by electronic mail if the applicant specifies an electronic mail address. The applicant may dispute any charge by notifying the [Village Manager] Planning Department in writing of the basis for the dispute [in writing] within [15] 5 days [of] from the date [on which] that the [Director of Planning] Planning Department gives the applicant notice of the statement. C. If the applicant does not dispute any charge, the [Director of Planning] Planning Department will [direct] notify the Treasurer to pay the charges out of the escrow account. If the applicant disputes any charge, the Village Manager will determine within 15 days of receipt of the dispute by the Planning Department, [based upon the applicant's statement,] whether to pay the disputed charge and will [direct] notify the Treasurer to pay the charges the [Village Manager] [determines] determined to be reasonable and consistent with the provisions of this article. D. All payments for review costs shall be in addition to any application, inspection or other fees as may be required by any other laws of the Village and shall not be used to offset the Village's general expenses of engineering, legal and planning services for the reviewing boards nor to offset the Village's general expenses. Section 2. Chapter 91, section 91-24 (Failure to pay review costs) is amended with new matter underlined and deleted matter in [brackets]. § 91-24 Failure to pay review costs. A. The Building Inspector shall not grant a building permit, certificate of occupancy or certificate of compliance until all fees and costs required herein have been paid in full. B. If, after final action is taken on the land use application and the [Director of Planning] Planning Department has received and approved all statements for professional services with respect to the application, the escrow amount held by the Treasurer is less than the charges for the approved Page 50 of 51 professional services, the applicant must pay the remaining balance within 30 days. If the applicant fails to do so, the Treasurer will cause the unpaid amount to be added to the next Village tax bill for the property that is the subject of the application. C. If, after final action is taken on the land use application and the [Director of Planning] Planning Department has received and approved all statements for professional services with respect to the application, the escrow amount held by the Treasurer is greater than the charges for the approved professional services, the Treasurer will refund the balance to the applicant within 30 days. D. Withdrawal of a land use application before action is taken does not relieve the applicant of the applicant's obligation to pay the cost of professional services incurred in connection with the review of the application prior to its withdrawal. Section 3. Effective date. This local law shall become upon filing with the Secretary of State pursuant to section 27 of the Municipal Home Law. Page 51 of 51

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