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Town Clerk’s Office
Town of Greenburgh

April 26, 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, April 26, 2023
             
PLEDGE OF ALLEGIANCE
             
MOMENT OF SILENCE

In memory of Pasquale Baviello,

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, 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 Gina Jackson  
  Councilman Ken Jones  
  Councilwoman Ellen Hendrickx  
  Councilman Francis Sheehan  
Staff Present: Joseph Danko, Town Attorney
             
PRESENTATIONS

South Presbyterian Church 200th Anniversary - Margery Rossi, Minister
             
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
             
DECISIONS
             
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)
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider an agreement between the Town of Greenburgh and the Village of Elmsford to provide Fire Protection Services to residents of the North Elmsford Fire Protection District, for the year 2023, for an amount not to exceed $837,414.13
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider an agreement between the Town of Greenburgh and the Village of Elmsford to provide Fire Protection Services to residents of the West Elmsford Fire Protection District, for the year 2023, for an amount not to exceed $272,324.96
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
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 rate increases for the Consolidated Water District #1
 
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 Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to close hearing and leave record open for seven days.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law amending Chapter 380 of the Code of the Town of Greenburgh entitled "Noise," as it relates to Leaf and Garden Blowers
 
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 Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to close hearing and leave record open for seven days.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law creating a new Chapter 374 in the Code of the Town of Greenburgh entitled "Leaf Blowers; Regulation of Yard and Leaf Blowers"  (Note: No Chapter 374 Local Law wording is posted because relevant issues are addressed in the proposed Local Law amending Chapter 380, above.  Comments are welcome regarding the merger.) 
 
Supervisor Paul Feiner moved to open hearing, the hearing is no longer applicable to Chapter 374, wording has been posted.
  Moved by Supervisor Paul J. Feiner,
 
AYE: Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a Local Law amending Chapter 100 of the Code of the Town of Greenburgh entitled "Building, Fire and Plumbing," as it relates to Fire Alarm Systems and Fuel Piping Systems
 
Supervisor Paul Feiner moved to open hearing.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor Paul Feiner moved to close hearing and leave record for seven days.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
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.
             
BOARDS & COMMISSIONS

Re-appointment of John Paul Sunkavalli to the Parks and Recreation Advisory Board, for a term to expire December 31, 2023
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
TOWN BOARD – 989-1540
             
TB 1 - 4/26/2023
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
  (holdover)
             
ATTORNEY – 989-1615
             
AT 1 - 04/26/2023
Resolution authorizing the continued retention of Lewis & Greer P.C. as special counsel for tax certiorari matters for additional $25,000, $100,000 total
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 2 - 4/26/2023
Resolution authorizing tax certiorari settlement with petitioner JB Realty Enterprises LLC for property located at 21 North Central Avenue. The Town’s share of the refund is $280±; the County’s share is $1,968±; the Saw Mill Valley Sewer District’s share is $338±; the Tarrytown Union Free School District’s share is $13,933±.  Refunds from all sources total $16,519±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 3 - 4/26/2023
Resolution authorizing tax certiorari settlement with petitioner Lake Street Construction for property located at 68 Lake Avenue. The Town’s share of the refund is $664±; the County’s share is $5,169±; the Saw Mill Valley Sewer District’s share is $740±; the Tarrytown Union Free School District’s share is $32,191±.  Refunds from all sources total $38,764±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 4 - 4/26/2023
Resolution authorizing tax certiorari settlement with petitioner Terence Lennox for property located at 19 Mechanics Avenue. The Town’s share of the refund is $121±; the County’s share is $901±; the Saw Mill Valley Sewer District’s share is $128±; the Tarrytown Union Free School District’s share is $5,723±.  Refunds from all sources total $6,873±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 5 - 4/26/2023
Resolution  authorizing tax certiorari settlement with petitioner Gerardo Colonna and Mark Colonna for property located at 13 Baylis Court.  The Town’s share of the refund is $473±; the County’s share is $3,496±; the Saw Mill Valley Sewer District’s share is $512±; the Tarrytown Union Free School District’s share is $22,479±.  Refunds from all sources total $26,960±. 
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 6 - 4/26/2023
Resolution authorizing tax certiorari settlement with petitioner E.M. Coco for property located at 39-51 North Broadway. The Town’s share of the refund is $2,855±; the County’s share is $20,390±; the Saw Mill Valley Sewer District’s share is $3,204±; the Tarrytown Union Free School District’s share is $139,524±.  Refunds from all sources total $165,973±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
AT 7 - 4/26/2023
Resolution authorizing tax certiorari settlement with petitioner Spirit Properties, LLC for property located at 55 South Broadway. The Town’s share of the refund is $494±; the County’s share is $3,589±; the Saw Mill Valley Sewer District’s share is $549±; the Tarrytown Union Free School District’s share is $23,745±.  Refunds from all sources total $28,378±.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CLERK – 989-1500
             
CL 1 - 4/26/2023
Resolution scheduling a public hearing for Wednesday, May 10, 2023, at 7:30 pm, to consider an application by the Town Building Inspector for an order from the Town Board to remove unsafe structures located at 22 Tomahawk Drive at the property owner’s expense
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 4/26/2023
Resolution amending a prior condition of approval related to a request by the Wyldwood Condominium and Homeowners Association (“the Applicant”) associated with the shuttle bus service of an existing multi-family residential community known as “Wyldwood”
 
(holdover)
             
CD 2 - 4/26/2023
Resolution proclaiming April 28, 2023 as Arbor Day in the Town of Greenburgh
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 3 - 4/26/2023
Resolution of the Town Board of the Town of Greenburgh (1) declaring intent to be Lead Agency for the purposes of SEQRA review for the amended site plan and related actions of Bocada Jeep Dealership located at 380 Saw Mill River Road (P.O. Elmsford, NY); and (2) referring the amended site plan application to the Planning Board for review and recommendation
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CD 4 - 4/26/2023
Resolution authorizing an additional committee member, Joseph,Gojka, to be appointed to the Sustainability and Energy Efficiency Advisory Committee
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
COMPTROLLER – 989-1603
             
CO 1 - 4/26/2023
Resolution authorizing fiscal year 2023 budget transfer
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
CO 2 - 4/26/2023
Resolution approving a budget amendment to the Risk Retention Fund for fiscal year 2023
 
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PARKS & RECREATION – 989-1800
             
PR 1 - 4/26/2023
Resolution authorizing award to lowest responsible bidder to provide bus transportation for 2023 Summer Camps, including Camps Rainbow, Kidco, Good Times, Star, Victory and TDYCC, at a cost not to exceed $379,969
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC WORKS - 989-1575
             
PW 1 - 4/26/2023
Resolution authorizing a professional services agreement with McKim & Creed, Inc., to perform a comprehensive system-wide water leak detection survey for the Greenburgh Consolidated Water District  No. 1 for an amount not to exceed $40,000.00
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PW 2 - 4/26/2023
Resolution awarding quotation for self-leveling sewer camera head and cable to Alliance Technology, L.L.C., the lowest quotation, for an amount not to exceed $8,297
 
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman 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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