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Town Clerk’s Office
Town of Greenburgh

May 10, 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, May 10, 2023
             
PLEDGE OF ALLEGIANCE
             
MOMENT OF SILENCE

In Memory of Marie Zurlo, 80, former Building Department employee, loving wife, mother, grandmother, and friend died on April 17, 2023. Marie was born in the Bronx to Marie and Philip Grasso, one of three children. She leaves behind her loving husband, Phil, after 57+ years of marriage, and three sons, Peter, Joseph, and Michael. Marie is survived by two brothers, Philip and John Grasso and their wives, Gloria and Beverly Grasso, respectively. She also leaves behind her Aunt Agata Edith Grasso, brother in-law, Carlo Zurlo, and loving granddaughter, Gianna Marie Zurlo and Gianna’s sister Alexis Torres. Marie was a parishioner of The Church of The Sacred Heart (Hartsdale) for nearly 50 years and had been an active member of the Scarsdale Woman’s Club, White Plains Thrift Shop, and the Art Section. After retirement from the Town, Marie worked part-time for the Board of Elections and had been actively involved with a couple of local book clubs for many years. Her athletic interests included being a substitute bowler for the Transfiguration Women’s Bowling League in Tarrytown. While living part-time in Florida, she was a parishioner of Saint Theresa De Lisieux Catholic Church in Wellington, as well as a member of the Morning Glories Bowling League. Marie also volunteered with the Knitting Group making blankets and Chemo caps for cancer patients. She was also a member of the Ladies Social Group of Poinciana. Marie is fondly remembered by all who knew her.

In Memory of Sandra Anita (Rubin) Forster, 83, former Greenburgh Town Justice (2001-2012), passed away peacefully at her Beechwood Road (Hartsdale) home on May 1, 2023, after a year long battle with brain cancer. She was a vivacious, curious and intellectual woman who loved travel, the arts, culture, nature, science, PBS and her beloved New York Times. She was a tomboy who loved playing sports when girls were not welcome to do so, and was not above scolding her bridge partner. Noted for her joie de vive and generous spirit, there was always an extra seat at her dinner table. Sandy, as many of us knew her, was born in Manhattan, grew up in Yonkers, and met and married Lloyd Forster in 1961, who predeceased her in 1982. She attended the University of Rochester as an undergraduate and while raising two children, Craig and Dana, she graduated from Pace Law School and was admitted to the bar in 1980. After a thriving legal career she was elected as Town Justice and served in Greenburgh Town Court from 2000 to 2012. In 2001, she married Norman Nadel, who survives her, along with her children Craig (Carolyn) and Dana (Gregg Navins), her sister Irene Guros, and five grandchildren, Amelia, Samantha, Alexandra, Caley and Erik. A lawyer, judge, wife, mother and extraordinary grandmother, she will be dearly missed.

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, deliberately 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
             
(10 minutes*) The Dental Care Bridge: A Charitable Organization - Dave Chadha
   *Detailed slide show too lengthy to present in full in 10 minutes is attached to online agenda.
             
(10 minutes) High-Intensity Activated CrossWalK Light installed on Central Park Avenue near Lawton Avenue, operational soon
             
             
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 a Local Law amending Chapter 380 of the Code of the Town of Greenburgh entitled Noise as it relates to leaf and garden blowers. (See Resolution TB-1)

To consider an Agreement between the Town of Greenburgh and the Village of Elmsford for the provision of fire protection services for the year 2023 to the North Elmsford Fire Protection District (See Resolution TB-2)

To consider an Agreement between the Town of Greenburgh and the Village of Elmsford for the provision of fire protection services for the year 2023 to the West Elmsford Fire Protection District (See Resolution TB-3)

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 in the Town of Greenburgh (See Resolution TB-4)
             
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 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
 
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 open until Monday, May 15th, 2023 at 5pm. A special meeting will be held on May 16th, 2023 to vote on the matter.
  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 the Proposed Town of Greenburgh’s 2023 Recommended Capital Budget and 2024-2025 Capital Plan
 
Supervisor Paul Feiner moved to open.
  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
 
Councilman Francis Sheehan moved to keep record open and continue at May 24th, 2023 Town Board meeting. 
  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 the adoption of a local law recommended by the Conservation Advisory Council creating a new chapter in the Code of the Town of Greenburgh, Chapter 374, entitled “Leaf Blowers”  (This hearing will also be continued at the 5/24/2023 meeting.)
 
Supervisor Paul Feiner moved to open hearing.
  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
 
Councilman Francis Sheehan moved to keep hearing open until May 24, 2023.
  Moved by Councilman Francis Sheehan, seconded by Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
To consider a one-year agreement between the Town of Greenburgh and the Village of Irvington to provide Fire Protection Services to Unincorporated Greenburgh residents of the East Irvington Fire Protection District for the year 2023, for an amount not to exceed $111,581
 
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
 
Councilman Francis Sheehan moved to close hearing and leave record open for seven days.
  Moved by Councilman Francis Sheehan, seconded by Supervisor Paul J. Feiner
 
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
Appointments to be made following additional data gathering regarding required Sexual Harassment Prevention training, Code of Ethics training and interviews with the Town Board. Appointments will be made at a Special Meeting of the Town Board to be held Tuesday, May 16, 2023, at 5:00 PM, at Greenburgh Town Hall.
             
TOWN BOARD – 989-1540
             
TB 1 - 05/10/2023
Resolution of the Town Board of the Town of Greenburgh adopting 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

HOLDOVER to Thursday May 14th, 2023.
             
TB 2 - 5/10/2023
Resolution of the Town Board of the Town of Greenburgh authorizing the Town Supervisor to execute 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 Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
TB 3 - 5/10/2023
Resolution authorizing the Town Supervisor to execute 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 Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
TB 4 - 5/10/2023 
Resolution of the Town Board of the Town of Greenburgh adopting 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 
  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
             
ATTORNEY – 989-1615
             
AT 1 - 5/10/2023
Resolution authorizing tax certiorari settlement with petitioner Elms Holding Corp. for property located at 115 East Main Street. The Town’s share of the refund is $216±; the County’s share is $1,613±; the Bronx Valley Sewer District’s share is $216±; the Elmsford Union Free School District’s share is $9,532±.  Refunds from all sources total $11,578±.
  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 2 - 5/10/2023
Resolution authorizing tax certiorari settlement with petitioners Li Yink & Sen Li and/or Kin & Fan Hong for property located at 33 Lynwood Rd. and 449 Central Park Avenue. The Town’s share of the refund is $2,923±; the County’s share is $1,621±; the Bronx Valley Sewer District’s share is $230±; the Edgemont Union Free School District’s share is $10,111±;  the Greenville Fire District’s share is $1,778±; the Consolidated Sewer Mtc. District’s share is $106±. Refunds from all sources total $16,769±.
  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 3 - 5/10/2023
 
Resolution authorizing tax certiorari settlement with petitioner 330 Scarsdale Ridge Corp. for property located at 330 S. Central Avenue. The Town’s share of the refund is $3,834±; the County’s share is $2,059±; the Bronx Valley Sewer District’s share is $320±; the Edgemont Union Free School District’s share is $14,552±;  the Greenville Fire District’s share is $2,526±; the Consolidated Sewer Mtc. District’s share is $146±. Refunds from all sources total $23,437±.
  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
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 5/10/2023
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”
  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
             
COMPTROLLER – 989-1603
             
CO 1 - 5/10/2023
Resolution acknowledging the Required Examination and Audit of the 2022 Justice Court Records and Dockets conducted in Compliance with Section 2019-a of the Uniform Court Act
  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 - 5/10/2023
Resolution authorizing the execution of a $15,904 grant agreement between the Town of Greenburgh and the County of Westchester for transporting seniors.
  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
             
PR 2 - 5/10/2023
Resolution accepting a $150 donation from The Kiwanis Club of Hartsdale for the Department of Parks & Recreation's Nutrition Program Annual Cookout for seniors to be held on June 8, 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
             
POLICE – 989-1740
             
PO 1 - 5/10/2023
Resolution authorizing the Town Supervisor to execute an Intermunicipal Agreement with the County of Westchester to renew the existing agreement for the implementation and operation of the enhanced 911 system through September 30, 2027, at no cost to the Town
 
  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 WORKS - 989-1575
             
PW 1 - 5/10/2023
Resolution authorizing a five-year water rate plan for the Town of Greenburgh Consolidated Water District No. 1 to ensure funding for infrastructure improvements, effective July 1, 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
             
PW 2 - 5/10/2023
Resolution awarding the Contract for the Annual Generator Maintenance-2023 to GenTech Ltd. the lowest bidder for an amount not to exceed $32,085.00
  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
             
PW 3 - 5/10/2023
Resolution awarding the contract for the Park Improvements at Massaro Park to Peter J. Landi, Inc. the lowest bidder for an amount not to exceed $292,500.00
  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 4 - 5/10/2023
Resolution extending a Consulting Engineering Services Agreement with Kellard Sessions Consulting, D.P.C. for professional Engineering services in an amount not to exceed the hourly billing rate of $250, and a total cost not to exceed $55,000
  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 5 - 5/10/2023
Resolution authorizing extension of the "Emergency and Scheduled Sewer, Water and Street Excavation, Repair and Restoration Services-2022" contract with Morano Brothers Corp., on an as needed basis
  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
             
PW 6 - 5/10/2023
Resolution authorizing the Town Supervisor to enter into an agreement with Consolidated Edison Company of New York, Inc. ("Con Edison") for final road restoration
  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
             
PW 7 - 5/10/2023
Resolution proclaiming the week of May 21 - May 27, 2023 as National Public Works Week
 
  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 adjourn meeting at 11:37pm
  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
            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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