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Town Clerk’s Office
Town of Greenburgh

September 23, 2020

          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, September 23, 2020
             
PLEDGE OF ALLEGIANCE
             
ROLL CALL: Town Clerk
Present: Supervisor Paul J. Feiner  
  Councilwoman Gina Jackson  
  Councilman Ken Jones  
  Councilwoman Diana D. Juettner  
  Councilman Francis Sheehan  
Staff Present: Judith Beville, Town Clerk
Timothy Lewis, Town Attorney
             
MOMENT OF SILENCE

Gerard "Rod" O'Shea, 86, died on September 9, which was his and Madelon's 53rd wedding anniversary. Rod proudly served our country (Air Force, Korean War) and our community (former President of the Edgemont Association, Edgemont Community Council Silver Box recipient, Chair of the Council of Greenburgh Civic Associations, and town committees too numerous to mention). He was a skilled broadcaster, writer, devoted husband, father and grandfather, and advocate for many causes, including good government, Gold Star Mothers, Veterans and Disabled Veterans. May he rest in peace, for a life well-lived, devoted to helping others.

In memory of All the victims (200,000+) of the COVID-19 Pandemic
             
PRESENTATION

James Nolan - Michael Nolan Law, enacted by Yonkers and White Plains to authorize forfeiture of vehicles involved in drag racing
             
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 (09/19/19), Standard & Poors once again reaffirmed the Town's highest rating and on (9/18/19) Moody's reaffirmed the Town's highest rating.
Any individual or group interested in a visit from the Town Board should email the Board at TownBoard@GreenburghNY.com
             
TOWN CLERK COMMENTS
             
PUBLIC DISCUSSION  Advance signup via PublicComment@GreenburghNY.com is required.  Please mention ESCO or Sustainable Westchester in the subject line or the body of the email.

Sustainable Westchester 100% Renewable ESCO
             
PUBLIC HEARINGS
             
To consider a Local Law amending Section 285-10 of the Zoning Ordinance, entitled “R-40 One-Family Residence District,” as it relates to Nursing Home, Assisted Living Facility, and Continuing Care Retirement Community Uses
 
Supervisor Paul Feiner moved to open hearing.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
 
Councilman Francis Sheehan moved to leave hearing open for all purposes to September 30, 2020.
  Moved by Councilman Francis Sheehan, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law amending Chapter 285 of the Zoning Ordinance, entitled “Zoning,” as it relates to a proposed new Continuum of Care Facility Use and to consider a related Zoning Map amendment in connection with a petition by Zarin and Steinmetz on behalf of Brightview Senior Living
 
Supervisor Paul Feiner moved to open hearing.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to adjourn hearing for all purposes to September 30, 2020.
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
To consider a request for a modification with respect to a previously approved site plan application of Avalon Green III, LLC, for property located at Town Green Drive (P.O. Elmsford, NY)  (To be held over to  Wednesday, October 14, 2020, 7:30 PM Town Board Meeting) 
             
To consider a one-year agreement between the Town of Greenburgh and the Village of Hastings-on-Hudson for Fire Protection Services to Unincorporated Greenburgh residents of the Donald Park Fire Protection District for the year 2019 (To be held over to  Wednesday, October 14, 2020, 7:30 PM Town Board Meeting) 
             
PUBLIC COMMENT

Advance signup via PublicComment@GreenburghNY.com is required. See instructions on first page. A three minute limit per speaker will be strictly enforced. No interruptions by Town Board members, the Town Clerk or the public will be permitted. Any questions on agenda items should be asked at this time. Department Heads have the option of leaving the meeting following Public Comment. Therefore, if anyone has questions that are related to resolutions/items on the agenda involving a specific Department Head, those questions should be raised at this time.
             
ATTORNEY – 989-1615
             
AT 1 - 9/23/2020
Resolution authorizing tax certiorari settlement with petitioner JB Realty Enterprises, LLC for property located at 21 North Broadway.  The Town’s share of the refund is $338±; the County’s share is $2,531 ±; the Saw Mill Valley Sewer District’s share is $361±; the Tarrytown Union Free School District’s share is $15,659±.  Refunds from all sources total $18,888±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 2 - 9/23/2020
Resolution authorizing tax certiorari settlement with petitioner Citibank, N.A. for property located at 2 South Broadway.  The Town’s share of the refund is $2,091±; the County’s share is $15,426±; the Saw Mill Valley Sewer District’s share is $2,158±; the Tarrytown Union Free School District’s share is $96,472±.  Refunds from all sources total $116,147±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 3 - 9/23/2020
Resolution authorizing tax certiorari settlement with petitioner Thomas and Michelle Valentine for property located at 200 Inwood Road.  The Town’s share of the refund is $3,574±; the County’s share is $2,082±; the Bronx Valley Sewer District’s share is $280±; the Edgemont Union Free School District’s share is $12,303±; the Greenville Fire District’s share is $2,150±; the Consolidated Sewer Mtc. District’s share is $98±.  Refunds from all sources total $20,487±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 4 - 9/23/2020
Resolution authorizing settlement of Property Damage related Claim File.: 19/20C, by GEICO a/s/o Mark Schneyer, for an amount not to exceed $6,553.27
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 5 - 9/23/2020
Resolution authorization settlement of property damage related Claim, File No.: 4/20C, by Perry M. Tevere and Nicole L. Tevere, for an amount not to exceed $1,696.44
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 6 - 9/23/2020
Resolution authorizing settlement of property damage related Claim, File No.: 19/20C, by CHUBB National Insurance Company a/s/o Larry Ellenberg & Robin Ellenberg, for an amount not to exceed $14,435.13
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
CLERK – 989-1500
             
CL 1 - 9/23/2020
Resolution scheduling a Public Hearing for Wednesday, October 14, 2020 at 7:30 PM to consider a Local Law amending Chapter 460 of the Code of the Town of Greenburgh entitled “Vehicles and Traffic” to create a new subsection authorizing the forfeiture of vehicles operated by persons while engaged in unlawful speed contests or races
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
CL 2 - 9/23/2020
Resolution authorizing the closing Northway, Southway, Northern Road, Southern Road, Byway, Sinclair Place, Huntley Drive and Arden Drive; west of Standish Place, Joyce Road and Kenneth Road; south of Northway, Westway; south of Northern Road, Eastway and Eastern Road; north of Farm Road (which is located in the Village of Ardsley), Standish Place, Alden Place and Darwood Place; all closings being located in the unincorporated area, for area residents to hold a socially distanced, pandemic-appropriate Halloween "Parade" on Saturday, October 31, 2020, from 3:00 PM to 7:00 PM, subject to the approval and recommendations of the Chief of Police and the Hartsdale Fire Department 
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
CL 3 – 9/23/2020 
Resolution authorizing the closure of South Road from Hillside Avenue to Lincoln Place, with all intersections of South Road with the side streets between Hillside Avenue and Lincoln Place blocked off to traffic, on Saturday, October 31, 2020, from 5:00 PM to 8:00 PM, for the Parkway Gardens Social Action Committee to host a pandemic-appropriate Halloween Parade and allowing children/ youth the opportunity to engage in “Trick or Treat” while safely “social-distancing” with neighbors.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 9/23/2020
Resolution granting a two year extension of a prior amended Site Plan Approval in connection with a new four story 128,564 sq. ft. building to be constructed by  Old Saw Mill Holdings, LLC (Regeneron Pharmaceuticals, Inc.) for property located at 777 Old Saw Mill River Road, designated on the Tax Map of the Town of Greenburgh as Parcel ID 7.71-6-1
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
CD 2 - 9/23/2020
Resolution issuing a Negative Declaration for the SEQRA determination of the Town Board of the Town of Greenburgh with respect to an Amended Site Plan, Special Permit and related applications of White Hickory Associates, LLC, for property located at 630 White Plains Road (P.O. Tarrytown, NY)
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
CD 3 - 9/23/2020
Resolution approving, with conditions, an Amended Site Plan, and Special Permit Application of White Hickory Associates, LLC, for property located at 630 White Plains Road (P.O. Tarrytown, NY)
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
COMPTROLLER – 989-1603
             
CO 1 - 9/23/2020
Resolution authorizing fiscal year 2020 budget transfers
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PARKS & RECREATION – 693-8985
             
PR 1 - 9/23/2020
Resolution authorizing the execution of a $9,304 grant agreement between the Town of Greenburgh and the County of Westchester for transporting seniors
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PR 2 - 9/23/2020
Resolution authorizing the execution of a $124,991 grant agreement between the Town of Greenburgh and the County of Westchester to provide Site and Home Delivered Meals
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PR 3 - 9/23/2020
Resolution authorizing the execution of a $15,904.00 grant agreement between the Town of Greenburgh and the County of Westchester for transporting seniors
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PR 4 - 9/23/2020
Resolution authorizing the Town Supervisor to execute a grant agreement between the Town of Greenburgh and the County of Westchester for reimbursement to the Town up to $141,912 to provide Site Meals and Home Delivered Meals to eligible Greenburgh seniors between January 1, 2020 and December 31, 2020 
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
POLICE – 989-1740
             
PO 1 - 9/23/2020
Resolution promoting Police Officer Michael Cookingham to Sergeant of Police
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to adjourn meeting.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner retracted motion to adjourn and Councilwoman Diane Juettner retracted 2nd.
 
Councilman Francis Sheehan moved to schedule special meeting for following Friday.
  Moved by Councilman Francis Sheehan, seconded by Supervisor Paul J. Feiner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to adjourn meeting.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
            There being no further business to come before the Board, on motion, meeting adjourned at 10:35 P.M.



_________________________________
Judith A. Beville, Town Clerk

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