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  TOWN OF GREENBURGH
TOWN CLERK’S OFFICE
177 Hillside Avenue, Greenburgh, NY 10607
Tel: (914) 989-1502 • Fax: (914) 989-1626
Email:
townclerk@greenburghny.com
                          
Lisa Maria Nero
Town Clerk
Town of Greenburgh
Regular Meeting of the Greenburgh Town Board
Minutes: Wednesday – January 10, 2024 – 7:30 PM
             
7:50 PM: Meeting Opened

7:51 PM: PLEDGE OF ALLEGIANCE
             
7:52 PM: MOMENT OF SILENCE

In memory of those killed in Ukraine due to the Russian invasion, and in memory of those who have perished due to the terrorist attack by Hamas on October 7, 2023
             
ROLL CALL: Town Clerk
Present: Supervisor Paul J. Feiner  
  Councilwoman B. Joy Haber  
  Councilwoman Ellen Hendrickx  
  Councilwoman Gina R. Jackson  
  Councilman Francis Sheehan  
Staff Present: Joseph Danko, Town Attorney
Lisa Maria Nero, Town Clerk
             
7:55 PM:  SWEARING IN CEREMONY 

Justice Delores Scott Braithwaite by Honorable Judge Janet Malone

8:10 PM -  PRAYER:  Rev. Dr. Verlin Williams, Union Baptist Church-Greenburgh, NY 

Town Clerk Lisa Maria Nero by Bishop Lionel Harvey
   (First Baptist Cathedral, Westbury Long Island)
 
8:15 PM - Remarks for Hon. Lisa Maria Nero by NYC Public Advocate Jumaane Williams
 
             
8:20 PM - Elected Official Recognition and Acknowledgments by Hon. Ellen Hendrickx
             
Town Councilwoman Joy Haber by Honorable Judge Erin O’Shea McGoey

8:30 PM - Remarks for Hon. Joy Haber by Sen. Majority Leader Andrea Stewart Cousins

Town Councilwoman Hon. Gina R. Jackson by Greenburgh Town Attorney Joseph Danko
Town Supervisor Hon. Paul J Feiner by Honorable Judge Janet Malone
Deputy Town Clerk Luis Carlos Beltran by Bishop Lionel Harvey (1st Baptist Cathedral)
First Hispanic Deputy Clerk - History for the Town of Greenburgh

9:00 PM - Benediction - Cantor Jenna Mark (Woodland Community Temple)
             
Reorganization by the Town Board - 2024-2025
             
Town Board Meeting Rules and Procedures - 2024-2025
             
9:20 pm: Motion for SPECIAL MEETING NOTICE: The Town Board will hold a Special Meeting on Friday, January 12, 2024, at 5:30 pm, at Greenburgh Town Hall located at 177 Hillside Avenue, Greenburgh, NY to adopt a resolution to hire special counsel experienced in complex governmental litigation to represent the Town in connection with the harmful effects of S8001 in denying the Town and its residents of the equal protection of the laws and due process of law. Hon. Peter O. Sherwood, Former Justice of the New York State Supreme Court, Corporation Counsel of the City of New York, Assistant Counsel of the NAACP Legal Defense and Educational Fund, Inc., and served as Solicitor General of the State of New York. Paul J. Noto, Westchester County’s former First Deputy District Attorney and Special Counsel.
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
TOWN CLERK COMMENTS

Anyone interested in serving on a board or commission should send a resume to the Town Board via Town Clerk Lisa Maria Nero, email: TownClerk@GreenburghNY.com or 177 Hillside Avenue, Greenburgh, NY 10607

Any individual or group interested in a visit from the Town Board should email the Board at TownBoard@GreenburghNY.com
             
PUBLIC HEARINGS

Advance signup is required. A continuous five minute limit per speaker per hearing will be strictly enforced. The clock will start when a speaker begins speaking and will not be stopped for any reason until the speaker is finished or five minutes has elapsed, whichever occurs first. Interruptions by Town Board members, the Town Clerk or the public will not be permitted. If a speaker insists on an immediate answer, should an answer be provided, it shall be part of the speaker's five minute allocation and not be interrupted. There will be a second five minute round unless the hearing is going to be adjourned to a subsequent hearing date. If the hearing is going to be adjourned to a subsequent hearing date, the Town Board may waive the second round. Any written comments sent to PublicComment@GreenburghNY.com by 6 PM on the day of the hearing will be forwarded to all Town Board members in advance of the meeting for their consideration. Please note: Written comments will not be read at the meeting unless the original author is present to do so.
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
To consider the extension of the Saw Mill Valley County Sewer District in the Town of Greenburgh
             
Motion to close the hearing and hold the record open for 7 days: To consider the extension of the Saw Mill Valley County Sewer District in the Town of Greenburgh.
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC COMMENT

Walter Simon - Hartsdale: Asked about the ongoing flooding problem and asked about sandbags provided by the town.

Murray Bodin - Inquired about the Antenna Review Board meeting, was it indeed at Town Hall or someones house according to the video.
             
TOWN BOARD – 914-989-1540
             
TB 1 - 1/10/2024
Resolution of the Town Board of the Town of Greenburgh requiring the letter template and a copy of the recipients' mailing labels for all incidental bulk mailings paid for by the Town be filed with the Town Clerk and available for public inspection
             
BOARDS & COMMISSIONS

Anyone interested in serving on a board or commission should send a resume to the Town Board via Town Clerk Lisa
Maria Nero, email: TownClerk@GreenburghNY.com or 177 Hillside Avenue, Greenburgh, NY 10607
             
APPOINTMENTS OF DEPUTY SUPERVISOR(S)

Supervisor Feiner moved the following appointments as Deputy Supervisor:

January through March Councilwoman Joy Haber
April through June Councilwoman Ellen Hendrickx
July through September Councilwoman Gina Jackson
October through December Councilman Francis Sheehan


  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             

Designation of Departments and Appointments as Department Heads, Deputies and Directors


Supervisor Feiner moved the following:

Supervisor Feiner moved the following:

A. Parks and Recreation
Commissioner: Joseph Lucasey
Deputy Commissioner: Noel Broccoli

B. Public Works
Commissioner/Superintendent of Highways: Richard Fon
Superintendent of Public Works: Brian Simmons

Town Engineer: Jason Coppola

C. Animal Control
Director: Sgt. Benjamin Fontanilles

D. Building
Department Head/Building Inspector: Frank Morabito
Deputy Building Inspector: Elizabeth Gerrity
Fire Marshal: Frank Morabito

E. Comptroller
Comptroller: Roberta Romano
Deputy Comptroller: Sheri Porcello

F. Town Clerk (Lisa Maria Nero-Elected)
Deputy Town Clerk (Appointed by Town Clerk) Luis Beltran

G. Legal
Department Head/Town Attorney: Joseph Danko
Deputy Town Attorneys: Amanda Magana (First Deputy)
Edward Lieberman
Richard Marasse
Margaret Taglia

H. Tax Department (Venita Howard-Elected)
Deputy Receiver of Taxes
(Appointed by Tax Receiver) Mary Shannon

I. Department of Community Resources
Commissioner: Terrance Jackson
Deputy Commissioner: David Reggina

J. Community Development and Conservation
Commissioner: Garrett Duquesne
Deputy Commissioner: Aaron Schmidt
Secretary to the Zoning Board of Appeals: Kyra Jones
Forestry Officer: Sven Hoeger

K. MIS
System Manager Peter Asp
Cable Access Director Janelle Wallace
Assistant Cable Access Director Terence Brosnan

L. Department of Human Resources Under Development

M. Purchasing
Director David Ryan

N. Town Historians
Co-Town Historian Felicia Barber
Co-Town Historian Riley Wentzler
  Moved by Supervisor Paul J. Feiner, Seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
  Moved by Supervisor Paul J. Feiner, Seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             

Appointment of Parliamentarian

Supervisor Feiner moved the following:

RESOLVED, that the Town Attorney, or in the absence of the Town Attorney, the 1st Deputy Town Attorney or designee be and hereby is appointed Parliamentarian.


Appointment of Registrar of Vital Statistics:

Supervisor Feiner moved the following:

Registrar Lisa Maria Nero
Deputy Registrar (Appointed by Registrar) Luis Beltran



  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
Supervisor Feiner moved the following:

Salary and Payroll Procedures

Designation of Newspapers

Establish Day and Time of Meeting

Designation of Depositories

Resolution to Re-Affirm Town Departmental Petty Cash Balances


Resolution to Re-Affirm the Balances in the Police Investigations Fund

Resolution Reaffirming and Amending the Investment Policy of the Town of Greenburgh

Assignments to Sub-Committees of Town Board (Liaison To)

Assignments to Town Departments


Appointment of Marriage Officers

Appointment of Constable

Town Board Meeting Rules and Procedures


  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
ATTORNEY – 914-989-1615
             
AT 1 - 1/10/2024
Resolution authorizing tax certiorari settlement with petitioner Reza Realty, LLC for property located at 172 Saw Mill River Road. The Town’s share of the refund is $13,242±; the County’s share is $7,277±; the Saw Mill Valley Sewer District’s share is $1,085±; the N. Elmsford Fire Protection District’s share is $1,477±; the Consolidated Sewer Mtc. District’s share is $495±; the Elmsford Union Free School District’s share is $43,941±.  Refunds from all sources total $67,517±
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
AT 2 - 1/10/2024
Resolution authorizing tax certiorari settlement with petitioner Mavis Tire Supply Corp. for property located at 199 Saw Mill River Road. The Town’s share of the refund is $5,886±; the County’s share is $3,256±; the Saw Mill Valley Sewer District’s share is $478±; the N. Elmsford Fire Protection District’s share is $660±; the Consolidated Sewer Mtc. District’s share is $216±; the Elmsford Union Free School District’s share is $19,463±.  Refunds from all sources total $29,960±
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
AT 3 - 1/10/2024
Resolution authorizing tax certiorari settlement with petitioner Abdol Faghihi, LLC for property located at 95 S. Central Avenue. The Town’s share of the refund is $29,020±; the County’s share is $16,509±; the Bronx Valley Sewer District’s share is $2,208±; the Hartsdale Fire District’s share is $26,077±; the Consolidated Sewer Mtc. District’s share is $956±; the Greenburgh Central School District’s share is $74,793±.  Refunds from all sources total $149,563±
  Moved by Supervisor Paul J. Feiner, Seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
AT 4 - 1/10/2024
Resolution authorizing tax certiorari settlement with petitioner Allied Glasshouse LLC for property located at 250 South Central Avenue. The Town’s share of the refund is $24,830±; the County’s share is $13,297±; the Bronx Valley Sewer District’s share is $2,103±; the Hartsdale Fire District’s share is $23,779±; the Consolidated Sewer Mtc. District’s share is $944±; the Greenburgh Central School District’s share is $65,476±.  Refunds from all sources total $130,430±
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
AT 5 - 1/10/2024
Resolution authorizing tax certiorari settlement with petitioner Two Stores Shopping Center Partnership/Glenn Angiolillo for property located at 91 and 111 East Main Street.  The Town’s share of the refund is $913±; the County’s share is $6,598±; the Bronx Valley Sewer District’s share is $950; the Elmsford Union Free School District’s share is $39,606±.  Refunds from all sources total $48,069±
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman B. Joy Haber
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
AT 6 - 1/10/2024
Resolution authorizing the continued retention of Harfenist Kraut & Perlstein, LLP as Special Counsel to address Town matters concerning labor contract negotiations, for an additional $50,000; $100,000 total
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
BUILDING – 914-989-1561
             
BD 1 - 1/10/2024
Resolution authorizing Professional Services Agreements for Professional Engineering Services with Tectonic Engineering, for an amount not to exceed $3,000,000
  Moved by Supervisor Paul J. Feiner, Seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
BD 2 - 1/10/2024
Resolution authorizing the Building Department to amend Building Department Permit Fees as detailed in "Fee Schedule A - January 10, 2024"
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
BD 3 - 1/10/2024
Resolution authorizing an agreement with General Code and Ebizdocs for Indexing and Scanning Services for Building Department records, at a cost not to exceed $200,000, the amount appropriated for this purpose in 2024
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
CLERK – 914-989-1502
             
CL 1 – 1/10/2024
Resolution scheduling a Public Hearing for Wednesday, January 24, 2024 at 7:30 PM, to consider a Local Law amending Chapter 440 “Taxation” in the Code of the Town of Greenburgh adopting the revised NYS definition of “Income” for Real Property Tax Exemptions for Senior Citizens and Persons with Disabilities
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
CL 2 – 1/10/2024
Resolution scheduling a Public Hearing for Wednesday, January 24, 2024 at 7:30 PM, to consider a Local Law amending Chapter 440 “Taxation” of the Code of the Town of Greenburgh as it relates to Tax Exemptions for Volunteer Fire and Ambulance Members
  Moved by Supervisor Paul J. Feiner, Seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 1/10/2024
Resolution authorizing Contract Supplement No. 1 to a previously approved Professional Service Agreement with Barton & Loguidice, for Surveying and Engineering Design Services for a federal-aid project known as the East-West Hartsdale Avenue Transportation Improvement Project
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
CD 2 - 1/10/2024
Resolution of the Town Board of the Town of Greenburgh (1) accepting a FEMA Advanced Assistance Grant related to Hartsdale Brook Flood Mitigation Design; (2) authorizing the execution of a Related Master Agreement; (3) approving the Town’s local match not to exceed $57,000; and (4) supporting the issuance of a Related Request for Proposals (RFP) for Engineering Design Services
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
CD 3 - 1/10/2024
Resolution granting an extension of a prior site plan and special permit approval of Brightview Senior Living Development, LLP, for property located at 289 Dobbs Ferry Road (P.O. White Plains), in connection with a 155-unit Continuum of Care Facility [TB 20-10]
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman B. Joy Haber
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
COMPTROLLER – 914-989-1603
             
CO 1 - 1/10/2024
Resolution authorizing the Town Supervisor to execute a Business Associate Agreement with Marshall & Sterling Employee Benefits, Inc. for broker, agent and consulting services for MVP Health Care Plans

- Hold Over
             
PHILANTHROPY – 914-989-1515
             
PH 1 - 1/10/2024
Resolution authorizing the Town of Greenburgh to accept a grant for $18,200 from the Lanza Family Foundation designated for general support of programs in the Town of Greenburgh

Can only spend money in the grant with another resolution.
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
POLICE – 914-989-1740
             
PO 1 - 1/10/2024 
Resolution authorizing the Town Supervisor to execute a Mobile Radio License Agreement between the Town of Greenburgh and Westchester County
  Moved by Supervisor Paul J. Feiner, Seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
PO 2 - 1/10/2024
Resolution authorizing the Town Supervisor to execute a Radio License Agreement between the Town of Greenburgh and Westchester County
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
PO 3 - 1/10/2024
Resolution promoting Police Officer Anthony Marzella to Sergeant
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
PO 4 - 1/10/2024
Resolution authorizing the Police Department to award bid for Various Medical Supplies to be used in 2024 to the lowest responsible bidder per item, at a total cost not to exceed $38,250
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC WORKS - 914-989-1575
             
PW 1 - 1/10/2024
Resolution authorizing extending award for Bureau of Equipment Repair Towing and Wheel Alignment Services to Glen's Towing, Inc. for 2024
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman Gina R. Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
Motion to turn the Reorganization By the Town Board 2024-2025 document into a resolution to make the document searchable. 
 
  Moved by Supervisor Paul J. Feiner, Seconded by Councilwoman B. Joy Haber
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
            There being no further business to come before the Board, on motion, meeting adjourned at 09:50 P.M.
 
Lisa Maria Nero
_________________________________
Lisa Maria Nero, Town Clerk

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