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Town Clerk’s Office
Town of Greenburgh

May 24, 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 24, 2023
             
PLEDGE OF ALLEGIANCE
             
MOMENT OF SILENCE
In Memory of Edward P. Marron, Sr., age 83, of Ardsley, New York, former Town employee, passed away peacefully surrounded by his devoted family on May 13, 2023. Ed is survived by his beloved wife Carolyn of 61 years. He also leaves behind his four children, Edward (Cathy), Michael (Kay), Stacey (Don), and Maureen (Adam). He loved being grandpa (“Papa” or “Gramps”) to his eleven grandchildren Edward (Phoebe), Jeffrey, Amy, Kathryn, Christopher (Ana), Carolyn (Clifford), Colleen, Ryan, Michael, John, and Erin. His greatest love was his wife and his greatest pride was his family. As a father and grandfather, Ed was also friend, role model, mentor, and their greatest supporter. Among his happiest memories were the many summers spent in Montauk with his children (later with his grandchildren) and with friends on the beaches and on the boat. Ed was also a loyal and dedicated friend to many who he enjoyed spending time with. In recent years, Ed enjoyed meeting up (and solving the world’s problems) with his longtime friends down at the Hudson River. He will be dearly missed by all those who knew him.

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
(10 minutes) Samantha Pfeffer, Water Guardian Foundation, President - Drowning Prevention
(10 minutes) National Emergency Medical Services (EMS) Week (May 21-27, 2023) -- Greenburgh EMS
(10 minutes) New Snow Angels -- Introduction of 2023/2024 snow angels:
Noah Seifer, Coordinator; Alex Shapiro, Jon Guerrero and Joey Belarge;
and outgoing member Zachary Weinhouse
(15 minutes) Woodlands High School student presentations
             
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 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 (See Resolution TB-2)
             
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 the Proposed Town of Greenburgh’s 2023 Recommended Capital Budget and 2024-2025 Capital Plan
 
Supervisor Paul Feiner moved to open hearing.
  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
 
Supervisor Paul Feiner moved to close hearing and leave record open for seven days.
  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”
 
Supervisor Paul Feiner moved to open hearing.
  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
 
Supervisor Paul Feiner moved to close public hearing and leave record open for fourteen days.
  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
             
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
Appointment of Margaret Goldberg to the Board of Assessment Review, for a term expiring 9/30/2027
  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 - 5/24/2023
Resolution of the Town Board of the Town of Greenburgh authorizing the Town Supervisor to enter into a Payment-In-Lieu-Of-Tax Agreement for a solar energy system pursuant to Real Property Tax Law Section 487 with ESNY-RT-Elmsford LLC, and the Town of Greenburgh located at 4-5 Warehouse Lane to be known as "4-5 Warehouse Lane Solar Array"
  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 2 - 5/24/2023
Resolution approving 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
  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 3 - 5/24/2023
Resolution of the Town Board of the Town of Greenburgh supporting the New York State Legislature's proposed Bill A7208 / S6893 and respectfully requesting the members of the New York State Legislature who represent the Town of Greenburgh to seek adoption of Bill A7208 and S6893 by the New York Assembly and Senate, respectively
  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
             
TB 4 - 5/24/2023
Resolution of the Town Board of the Town of Greenburgh requesting that the NYS Legislature execute a Town Home Rule Request establishing a moratorium which prohibits a referendum on the incorporation of Edgemont for a period of one year or after the conclusion of the state funded impact study, whichever time period is shorter, to allow residents to vote with sufficient data and knowledge to make an informed decision
  (HOLDOVER)
             
ATTORNEY – 989-1615
             
AT 1 - 5/24/2023
Resolution authorizing tax certiorari settlement with petitioner Fiore Realty LLC for property located at 63 S. Central Avenue. The Town’s share of the refund is $434±; the County’s share is $3,245±; the Saw Mill Valley Sewer District’s share is $468±; the Elmsford Union Free School District’s share is $19,093±.  Refunds from all sources total $23,239±.
  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 - 5/24/2023
Resolution authorizing tax certiorari settlement with petitioners John & Ann Bobalakis and/or Real Estate Holdings, LLC and/or Fred Marolda, LLC & William Marolda, LLC/696 Central LLC for property located at 694-706 Central Avenue. The Town’s share of the refund is $10,009±; the County’s share is $5,465±; the Bronx Valley Sewer District’s share is $775±; the Edgemont Union Free School District’s share is $35,375±; the Greenville Fire District’s share is $6,234±; the Consolidated Sewer Mtc. District’s share is $377±.  Refunds from all sources total $58,235±.
  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 3 - 5/24/2023
Resolution authorizing tax certiorari settlement with petitioners Fred Marolda, LLC & William Marolda, LLC for property located at 365 Central Avenue. The Town’s share of the refund is $34,978±; the County’s share is $18,911±; the Bronx Valley Sewer District’s share is $2,795±; the Edgemont Union Free School District’s share is $129,026±; the Greenville Fire District’s share is $22,497±; the Consolidated Sewer Mtc. District’s share is $1,326±.  Refunds from all sources total $209,534±.
  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 4 – 05/24/2023
Resolution approving the retention of James A. Randazzo, Esq., to represent non-party witnesses Greenburgh Police personnel in the matter of Kristin Stein v. The Town of Greenburgh, et al., for an amount not to exceed $25,000
  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 5 – 05/24/2023
Resolution authorizing settlement of property damage related Claim, File No.: 132/22C by Amica Mutual Insurance Company a/s/o Kenneth Rose and Linda Rose, for an amount not to exceed $8,845.33
  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 6 – 05/24/2023
Resolution authorizing settlement of property damage related Claim, File No.: 31/23C by Progressive Casualty Insurance Company a/s/o Julio C. Almeida, for an amount not to exceed $1,158.50
  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 7 – 05/24/2023
Resolution authorizing settlement of property damage related Claim, File No.: 21/23C by Nazaret Figueroa, for an amount not to exceed $3,070.44
  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 8 – 05/24/2023
Resolution authorizing settlement of property damage related Claim, File No.: 44/23C, by Linda S. C. Peng, for an amount not to exceed $1,243.79
  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
             
BUILDING – 989-1561
             
BD 1 - 5/24/2023
Resolution authorizing an agreement with General Code and EbizDocs for indexing and scanning services for Building Department Records, at a cost not to exceed $30,000, the amount appropriated in 2023 for this purpose
  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
             
CLERK – 989-1500
             
CL 1 - 05/24/2023
Resolution authorizing closing Kempster Road in Edgemont, between Hadden Road and Cotswold Way, on Friday, June 4, 2023, from 3.00PM until 7:30 PM (Rain Date: June 11, 2023), for a neighborhood block party
  *edit to CL-1 resolution.
Resolution authorizing closing Kempster Road in Edgemont, between Hadden Road and Cotswold Way, on Sunday, June 4, 2023, from 3:00PM until 7:30PM (Rain Date: June 11, 2023), for a neighborhood block party.
  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
             
CL 2 - 5/24/2023
Resolution authorizing permission to close Longview Drive between Fort Hill Road and Glendale Road, on Sunday, June 4, 2023, from 8:30 AM until 6:15 PM, for the Longview Civic Association to hold its annual Wheels Day
  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
             
CL 3 - 5/24/2023
Resolution scheduling a public hearing for 7:30pm, Wednesday, June 14, 2023, to consider an amended site plan application of Bocada Jeep Dealership for property located at 380 Saw Mill River Road (P.O. Elmsford, NY) [TB 23-04]
  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
             
CL 4 - 5/24/2023
Resolution (1) declaring the intention of the Town Board of the Town of Greenburgh to be Lead Agency with respect to SEQRA, regarding a Local Law creating a new Chapter 236 in the Code of the Town of Greenburgh entitled, “Odell House Rochambeau Headquarters Museum Advisory Board;” and (2) scheduling a public hearing for Wednesday, June 14, 2023, at 7:30 pm, to consider the proposed Local Law
  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 - 5/24/2023
Resolution (1) declaring the intention of the Town Board of the Town of Greenburgh to be Lead Agency with respect to SEQRA for a zoning text amendment petition related to Section 285-37.1 of the Zoning Ordinance, entitled “Battery Energy Storage Systems [“BESS”],” associated with BESS uses in various Zoning Districts in the Town; and (2) referring the amendment petition to the Planning Board for a report and recommendation in accordance with the requirements of Section 285-64 of the Town’s Zoning Ordinance
  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
             
CD 2 - 5/24/2023
Resolution authorizing award to lowest responsible bidder, Empire State Landscaping, LLC to provide for the planting of 2 trees and 20 shrubs as part of the Town’s Street Tree replacement program – Spring 2023, at a cost not to exceed $4,970
  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 - 5/24/2023
Resolution authorizing Fiscal Year 2023 budget transfer
  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
             
CO 2 - 5/24/2023
Resolution amending the 2023 Town Outside operating budget by increasing Transfer to Library and increasing Appropriated Fund Balance
  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
             
PHILANTHROPY – 989-1515
             
PH 1 - 5/24/2023
Resolution accepting a donation of food and services from NEXGEN Orthopedics for the Town of Greenburgh Employee Appreciation Breakfast and Wellness Day at Greenburgh Town Hall
  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
             
PH 2 - 5/24/2023
Resolution documenting the release of Philanthropy Department related funds for the Town of Greenburgh 2023 Juneteenth Celebration for the benefit of the residents of the Town of Greenburgh, in an amount not to exceed $5,000
  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
             
PH 3 - 5/24/2023
Resolution documenting the the release of Philanthropy Department related funds for the third annual Greenburgh Pride Parade jointly organized by Ardsley, Dobbs Ferry and the Town of Greenburgh, in an amount not to exceed $1,500
  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
             
POLICE – 989-1740
             
PO 1 - 5/24/2023
Resolution authorizing AuctionsInternational.com, an on-line auction company, be used, at no cost to the town, to sell miscellaneous equipment considered surplus or needing significant repair
 
  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 adjourn meeting at 10:44PM
  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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