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Town Clerk’s Office
Town of Greenburgh

February 13, 2024

          A Meeting of the Town Board of the Town of Greenburgh was held in the Meeting Room, Greenburgh Town Hall, 177 Hillside Avenue, Greenburgh, New York 10607, at 7:30 PM, Wednesday, February 13, 2024
             
7:35 PM: OPEN MEETING
             
PLEDGE OF ALLEGIANCE
             
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
Luis C. Beltran, Deputy Town Clerk
             
PRESENTATION HONORING AFRICAN AMERICAN HISTORY MONTH (20 MINUTES)
  (postponed due to weather)
             
Bill Greenawalt will share his reflections of the March on Washington
  (postponed due to weather)
             
PRESENTATION
             
Certificate of Appreciation being presented to Tyler Hughson for his outstanding efforts as a winter intern in the Town Supervisor's Office. Tyler created a website for the Hispanic Liaison Department, Outreach for the Upcoming Artists/Farmers Markets, compiled narratives for the Greenburgh Archives of African American stories
  (postponed due to weather)
             
SUPERVISOR & TOWN COUNCIL REPORTS/ANNOUNCEMENTS
GOOD NEWS...The Town continues (since 2008) to have the highest possible bond rating from Standard & Poors (AAA) and (since 2010) (Aaa) from Moody's. Less than 1% of communities in the nation have this record of financial stability. Recently, on 09/21/2023, Moody's reaffirmed the Town earned Moody's highest rating and, on 09/18/2023, Standard & Poors once again reaffirmed the Town earned Standard & Poors highest rating.
Anyone interested in serving on a board or commission should send a resume to the Town Board via Lisa Maria Nero, Town Clerk, 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
             
TOWN CLERK COMMENTS
             
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 the day of the hearing will be forwarded to all Town Board members in advance of the meeting for their consideration. Written comments will not be read at the meeting unless the original author is present to do so.
             
Agenda Item 9246 has been removed from the agenda. Please remove this line from the minutes.
             
Agenda Item 9242 has been removed from the agenda. Please remove this line from the minutes.
             
             
PUBLIC COMMENT

Advance signup
is required. A continuous five minute limit per speaker 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 not be a second five minute round. Any written comments sent to PublicComment@GreenburghNY.com by 6 PM the day of the hearing will be forwarded to all Town Board members in advance of the meeting for their consideration. Written comments will not be read at the meeting unless the original author is present to do so.
  Murrary Bodin would like to speak with someone about traffic issues and road concerns.
             
SUPERVISOR FEINER
             
BOARDS & COMMISSIONS
             
Re-appointment of Sondra Lanson to the Greenburgh Library Board, for a term to expire December 31, 2028
             
Appointment of Sarah Emerson-Bystrom to the Greenburgh Library Board, for a term to expire December 31, 2028
             
ASSESSOR - 989-1520
             
AS 1 – 2/13/2024
Resolution authorizing multiple appraisers be retained to appraise approximately 75 residential properties in preparation for Trial in Westchester County Supreme Court for 2023 Small Claims Assessment Review Proceedings, for an amount not to exceed $20,000
  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
             
ATTORNEY – 989-1615
             
AT 1 – 2/13/2024
Resolution rescinding AT-2 – 11/20/23, authorizing the indemnification settlement of third-party litigation related Litigation, File No.: 53/22L by High Point of Hartsdale Community Association, Inc., and Stillman Management Realty Corp, for an amount not to exceed $30,000
  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
             
AT 2 – 2/13/2024
Resolution authorizing settlement of personal injury litigation/indemnification matter related Litigation, File No.: 53/22L by High Point of Hartsdale Community Association, Inc., and Stillman Management Realty Corp, for an amount not to exceed $30,000
  Councilman Francis Sheehan 2nd with amendment to resolution
  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 3 – 2/13/2024
Resolution authorizing settlement of property damage related Claim, File No.: 2/24C by Allstate Insurance Company a/s/o Patricia S. Chafizadeh, for an amount not to exceed $1,331.33
  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 4 – 2/13/2024
Resolution authorizing settlement of property damage related Claim, File No.: 126/23C, by William Sullivan and Maria Pecora, for an amount not to exceed $10,400
  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 - 2/13/2023
Resolution authorizing tax certiorari settlement with petitioner VDC Realty Corp. for property located at 8-10 N. Broadway and 1 Neperan Rd. The Town’s share of the refund is $1,281±; the County’s share is $9,414±; the Saw Mill Valley Sewer District’s share is $1,377±; the Tarrytown Union Free School District’s share is $59,396±.  Refunds from all sources total $71,468±
  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
             
AT 6 - 2/13/2024
Resolution authorizing tax certiorari settlement with petitioner Daniel Esposito for property located at 4 Vernon Lane. The Town’s share of the refund is $605±; the County’s share is $4,452±; the Saw Mill Valley Sewer District’s share is $656±; the Elmsford Union Free School District’s share is $26,343±.  Refunds from all sources total $32,055±
  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 7 - 2/13/2024
Resolution authorizing tax certiorari settlement with petitioner Tarry Crest Swimming Club for property located at 70 Midland Avenue. The Town’s share of the refund is $60,101±; the County’s share is $32,891±; the Saw Mill Valley Sewer District’s share is $5,135±; the Glenville Fire Protection District’s share is $8,552±; the Tarrytown Union Free School District’s share is $214,602±.  Refunds from all sources total $321,282±
  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 – 989-1500
             
CL 1 - 2/13/2024
Resolution scheduling a Public Hering for Wednesday, February 28, 2024, 7:30 PM, to consider an amendment to Chapter 410 of the Code of the Town of Greenburgh entitled, "Sanitation" [TB 24-03]
  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
             
CL 2 – 2/13/2024
Resolution scheduling a Public Hearing for Wednesday, February 28, 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 B. Joy Haber
 
AYE: Supervisor Paul J. Feiner
  Councilwoman B. Joy Haber
  Councilwoman Ellen Hendrickx
  Councilwoman Gina R. Jackson
  Councilman Francis Sheehan
Motion Adopted
             
CL 3 - 2/13/2024
Resolution scheduling a Public Hearing for 7:30 PM, Wednesday, February 28, 2024, to consider a Local Law which would establish a new Section 285-37.2 related to solar energy systems [TB 23-12]
  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
             
Agenda Item 9243 has been removed from the agenda. Please remove this line from the minutes.
             
CL 4 - 2/13/2024
Order of the Town Board setting a public hearing for February 28, 2024, at 7:30 pm to consider the extension of the Hartsdale 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
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 2/13/2024
Resolution (1) accepting grant funds in connection with financial assistance from the New York State Office of Parks, Recreation and Historic Preservation under the Environmental Protection Fund Grant Program for Parks, Preservation and Heritage for the purpose of funding the Odell House Rochambeau Headquarters Phase-2 Restoration Project (EPF#220110); and (2) authorizing the Town Supervisor to execute a related contract and any agreements required thereby
  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
             
CD 2 - 2/13/2024
Resolution of the Town Board of the Town of Greenburgh supporting the submission of a 2024 USDOT Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Program Planning Grant Application for a Project known as the NYS Rt. 119 Complete Street - Empire State Trail Connection
  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 – 989-1603
             
CO 1 - 2/13/2024
Resolution authorizing fiscal year 2023 budget transfers
  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
             
CO 2 - 2/13/2024
Resolution authorizing fiscal year 2024 budget transfers
  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
             
CO 3 - 2/13/2024
Resolution approving a budget amendment to the Risk Retention CS Fund for fiscal year 2023
  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
             
PARKS & RECREATION – 989-1800
             
PR 1 - 2/13/2024
Resolution accepting a $5,000 donation from the Metropolis Country Club Foundation, represented by Natalie Robinson, to be used for financial assistance to supplement fees for qualified applicants attending the Department of Parks and Recreation Summer Day Camps
  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
             
PR 2 – 2/13/2024
Resolution authorizing award to lowest bidder or New York State contract approved vendor, whichever is lowest cost per item meeting specification, for Paper Goods and Kitchen Supplies for 2024, at a cost not to exceed $43,191.43
  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
             
PHILANTHROPY – 989-1515
             
PH 1 - 2/13/2024  
Resolution authorizing the execution of a Community Development Block Grant contract between the County of Westchester and the Town of Greenburgh for Playground Improvement Project at the Lois Bronz Children's Center
  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
             
PH 2 - 2/13/2024
Resolution authorizing the acceptance of a donation of $50 from Steven and Candice Dubensky for the Town of Greenburgh EMS Department in Memory of Ruth Kaminsky
  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
             
POLICE – 989-1740
             
PO 1- 2/13/2024
Resolution appointing Michael Timpone as an Entry-Level Police Officer
  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 WORKS - 989-1575
             
PW 1 - 2/13/2024
Resolution authorizing an extension of a Professional Services Agreement with Arcadis of New York, Inc. for Additional Construction Administration and Resident Inspection to the Consolidated Water District, for the Stadium Road Tank and Chemical Feed Station Project, for a cost not to exceed an additional $258,400
  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
             
PW 2 - 2/13/2024
Resolution authorizing the continuance of an engineering services agreement with KSCJ Consulting in an amount not to exceed the hourly billing rate of $260, and a total cost not to exceed $100,000
  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
             
PW 3 - 3/13/2024
Resolution authorizing rental of one bucket truck vehicle from United Rentals, Inc. at a monthly rental rate of $9,010
  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
             
Town Supervisor Paul Feiner moves to close Town Board meeting at 8:00 PM.
  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
Submitted by:
Luis C. Beltran, Deputy Town Clerk

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