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Town Clerk’s Office
Town of Greenburgh

March 8, 2023

          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, March 8, 2023
             
PLEDGE OF ALLEGIANCE
             
MOMENT OF SILENCE

In memory of Dr. Charles Kingston, 91, a 53 year resident of the Town. After graduating High School, he joined the Air Force where he served and studied Intel Operations from 1951-1955. An accomplished dancer, he also taught at the Arthur Murry Dance Studio. Upon leaving the Air Force he studied at the University of California Berkeley, Criminology Department, where he received Undergraduate, Graduate and D.Crim degrees in Criminology. Dr. Kingston served as Chair of the Forensic Science Program at John Jay College in NYC from 1968 until his retirement in 1996. He enjoyed teaching and mentoring thousands of young people and had a wide range of interests - family, pets, solving and making puzzles, jokes and riddles, performing majic tricks, photography, assembling and programming computers, among others. He was highly educated - always interested in learning more. His birthdate, 4-11, was extremely apropos as he pleasured in researching and answering tough questions using his extensive library, especially before the internet made answering tough questions easier. He was laid to rest in Ferncliff Cemetery, close to his home. May he rest in peace.

In memory of the people in Ukraine killed during Russia's invasion and relentless intentional targeted bombing of civilians in apartment buildings, hospitals, train stations, schools and children centers, deliberating targeting utilities used by civilians to leave them without electricity and heat through the brutal winter weather, with mass graves being found after invaded areas have been retaken, and captured Ukrainian soldiers being executed by Russian troops, all in Russia's effort to destroy Ukraine and its people, who are forced to fight for their land, their freedom, and general democratic principles. May they rest in peace and peace be restored to Ukraine
             
ROLL CALL: Town Clerk
Present: Supervisor Paul J. Feiner  
  Councilwoman present via Zoom Gina Jackson  
  Councilman Ken Jones  
  Councilwoman Ellen Hendrickx  
  Councilman Francis Sheehan  
Staff Present: Joseph Danko, Interim Town Attorney
             
PRESENTATIONS

Sophie Surguladze - 10th grader at Irvington High School - Discusses her efforts to help the people of Ukraine with care packages (Womens and Childrens Center, City of Goodness) (5 Minutes)

Ananya Shukla/First Lego League (FLL) Team - Innovation project to prevent birds from colliding with wind turbines (5 Minutes)

Vikram Sharma - Greenburgh Chamber Presentation (5 Minutes)
             
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 3/23/2021, Moody's reaffirmed the Town earned Moody's highest rating and, on 03/26/2021, 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 Judith A. Beville, 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
             
DECISION
             
To consider an agreement between the Town of Greenburgh and the Village of Ardsley to provide Fire Protection Services to Unincorporated area residents of the Chauncey Fire Protection District for the year 2022, at a cost not to exceed $10,006
             
To consider an agreement between the Town of Greenburgh and the Village of Ardsley to provide Fire Protection Services to Unincorporated area residents of the South Ardsley Fire Protection District for the year 2022, at a cost not to exceed $332,479
             
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.
             
To consider a Local Law amending Section 285-29.2 of the Code of the Town of Greenburgh as it relates to Hartsdale Contextual Review Committee membership composition
             
To consider a Local law creating a new Article XVII to Chapter 440 "Taxation" in the Code of the Town of Greenburgh entitled "Tax Assessment of Condominiums and Cooperatives."  [THIS HEARING IS POSTPONED TO MARCH 22, 2023 MEETING]
             
To consider an Amended Site Plan Application of Prospero Nursery for property located at 1120 Knollwood Road (P.O. White Plains, NY) [TB 22-19]
 
Supervisor Paul Feiner moved to close hearing and leave record open for seven days. Councilman Ken Jones seconds.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a request for a modification with respect to a previously approved Site Plan Application of Wyldwood Condominium and Homeowners Association, for property located at Wyldwood Drive (P.O. Tarrytown, NY) (Held over to Town Board Meeting of 3/22/2023)
             
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.
             
TOWN BOARD – 989-1540
             
TB 1 - 3/08/2023
Resolution authorizing the Town Supervisor to enter into a one year contract commencing January 1, 2022 through December 31, 2022 with the Village of Ardsley for Fire Protection Services to the Chauncey Fire Protection District, at a cost not to exceed $9,335.78
  TB 1 - 3/08/2023
Resolution authorizing the Town Supervisor to enter into a one year contract commencing January 1, 2022 through December 31, 2022 with the Village of Ardsley for Fire Protection Services to the Chauncey Fire Protection District, at a cost not to exceed $10,006.00
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
TB 2 – 3/08/2023
Resolution authorizing the Town Supervisor to enter into a one year contract commencing January 1, 2022 through December 31, 2022 with the Village of Ardsley for Fire Protection Services to the South Ardsley Fire Protection District, at a cost not to exceed $313,466.07
  TB 2 – 3/08/2023
Resolution authorizing the Town Supervisor to enter into a one year contract commencing January 1, 2022 through December 31, 2022 with the Village of Ardsley for Fire Protection Services to the South Ardsley Fire Protection District, at a cost not to exceed $332,479.00
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
TB 3 - 3/08/2023
Resolution authorizing the retention of CGR to analyze the potential impact on the remaining area of the Town as a result of incorporation of a new village [Vote to be held April 12, 2023]
             
ATTORNEY – 989-1615
             
AT 1 - 3/08/2023
Resolution approving the continued retention of Wilson Elser Moskowitz Edelman & Dicker LLP to represent the Town and requested Greenburgh Police personnel in the Matter of Kristin Stein v. the Town of Greenburgh, et al., for an amount not to exceed $50,000, $250,000 in total
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 2 - 3/08/2023
Resolution approving the continued retention of Daniel A. Seymour, Esq., to represent requested Greenburgh Police Personnel in the matter of Kristin Stein v. the Town of Greenburgh, Et Al., for an amount not to exceed $25,000, $50,000 in total
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 3 - 3/08/2023
Resolution approving the continued retention of the firm of Piscionere & Nemarow, P.C., to represent requested Greenburgh Police Personnel in the matter of Kristin Stein v. the Town of Greenburgh, Et Al., for an amount not to exceed an additional $50,000, $150,000 in total
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 4 - 3/08/2023
Resolution authorizing tax certiorari settlement with petitioner Hartsdale Ave. Office Assoc. a/k/a Station Plaza Assoc. LLC for property located at 250 E. Hartsdale Avenue. The Town’s share of the refund is $20,709±; the County’s share is $11,673±; the Bronx Valley Sewer District’s share is $1,549±; the Greenburgh Central School District’s share is $37,504±; the Edgemont Union Free School District’s share is $20,832±;  the Hartsdale Fire District’s share is $19,093±; the Consolidated Sewer Mtc. District’s share is $737±. Refunds from all sources total $112,098±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 5 - 3/08/2023
Resolution approving the continued retention of Thomas J. Troetti, Esq., to represent Greenburgh Police Detective Eduardo Demele [Sic] in the matter of Michael Marom, et ano v. Town of Greenburgh, et ano., for an amount not to exceed $25,000, $150,000 in total
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 6 - 3/08/2023
Resolution authorizing tax certiorari settlement with petitioner Istar Bowling Centers III and AMF Bowling Centers, Inc., Lessee, for property located at 47 Tarrytown Road. The Town’s share of the refund is $2,765±; the County’s share is $1,518±; the Bronx Valley Sewer District’s share is $196±; the Greenburgh Central School District’s share is $7,262±;  the Fairview Fire District’s share is $2,196±; the Consolidated Sewer Mtc. District’s share is $105±. Refunds from all sources total $14,041±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 7 - 3/08/2023
Resolution authorizing tax certiorari settlement with petitioner NCBP White Plains LLC for property located at 535 Old Tarrytown Rd. The Town’s share of the refund is $3,356±; the County’s share is $1,833±; the Bronx Valley Sewer District’s share is $258±; the Greenburgh Central School District’s share is $8,676±;  the Fairview Fire District’s share is $2,726±; the Consolidated Sewer Mtc. District’s share is $126±. Refunds from all sources total $16,975±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 8 - 3/08/2023
Resolution authorizing tax certiorari settlement with petitioner Phyllis DeLaura and/or Estate of Phyllis DeLaura for property located at 25 Washington Ave. The Town’s share of the refund is $13,872±; the County’s share is $7,753±; the Bronx Valley Sewer District’s share is $1,037±; the Greenburgh Central School District’s share is $36,056±;  the Hartsdale Fire District’s share is $12,784±; the Consolidated Sewer Mtc. District’s share is $495±. Refunds from all sources total $71,997±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 9 - 3/08/2023
Resolution authorizing tax certiorari settlement with petitioner 830 Central Park Avenue Associates, LLC for property located at 830 Central Park Avenue. The Town’s share of the refund is $14,947±; the County’s share is $8,366±; the Bronx Valley Sewer District’s share is $1,109±; the Edgemont Union Free School District’s share is $49,463±;  the Greenville Fire District’s share is $8,793±; the Consolidated Sewer Mtc. District’s share is $541±. Refunds from all sources total $83,218±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 10 - 3/08/2023
Resolution authorizing tax certiorari settlement with petitioner Rhinebeck Realty LLC / Mavis Tire Supply Corp. for property located at 865 Central Park Ave. The Town’s share of the refund is $16,468±; the County’s share is $9,302±; the Bronx Valley Sewer District’s share is $1,247±; the Edgemont Union Free School District’s share is $56,027±;  the Greenville Fire District’s share is $9,905±; the Consolidated Sewer Mtc. District’s share is $553±. Refunds from all sources total $93,502±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY RESOURCES - 989-3600
             
CR 1 – 3/08/2023
Resolutions authorizing personnel from the Department of Community Resources to travel with the New Rochelle-White Plains Alumni Chapter of Kappa Alpha Psi Fraternity Inc., to various colleges and universities in Mid-Atlantic states from April 3-7, 2023 at a cost of $7,800
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
POLICE – 989-1740
             
PO 1 - 3/08/2023
Resolution authorizing the Police Department to purchase a Portable Emergency Backup Generator
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PO 2 - 3/08/2023
Resolution adopting the recommendation of the Greenburgh Police Department to amend the parking restrictions on Midvale Road between Midvale Court and Club Way amending Chapter 460 of the Greenburgh Town Code
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC WORKS - 989-1575
             
PW 1 - 3/08/2023
Resolution approving professional engineering services of KS Engineers P.C., for monitoring services at the Fairview Park Drive Bridge, for an amount not to exceed $15,000
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PW 2 - 3/08/2023
Resolution authorizing the award of the contract for uniforms for the Public Works Department to Uniforms Today, for calendar years 2023-2025
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to adjourn meeting at 9:40PM. Councilman Ken Jones seconds
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman present via Zoom Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  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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