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Town Clerk’s Office
Town of Greenburgh

June 14, 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, June 14, 2023
             
PLEDGE OF ALLEGIANCE
             
MOMENT OF SILENCE

In memory of Mrs. Rosemary Randall, 93, longtime resident and pillar of the Parkway Homes Community, passed on June 2. A former Banker and a retired Registered Nurse, she was very active in the Greenburgh community and instrumental in the establishment of the current home of the First Seventh-day Adventist Church on Juniper Hill Road. A matriarch with a passion for service, she diligently volunteered in the church’s food pantry. We express our most sincere condolences to her daughter Mrs. Judy Randall Bartlett, son-in-law Mr. Mayo Bartlett, grandchildren Ethan and Sara, and their family, and extended family, which includes the Greenburgh community.

In memory of Frances Zupcak, loving mother of long time town employees Camille Sgaglio and Marianne Delise, and four other children, who passed at the age of 96 on Saturday, June 10, 2023. Mrs. Zupack was a longtime resident of Yorktown Heights. May she rest in peace.

In memory of Norman D. Lipton, 79, a Hartsdale resident for almost 40 years, passed peacefully May 26 with his wife, Yzette, at his side. As a young man Norman was active in the Civil Rights movement, making many trips to the south to assist in getting people registered to vote. Throughout his life he worked for many organizations. Norman found love in his garden: planting and growing flowers, vegetables, fruit and herbs. There he also found love in his and Yzette’s union of 29 years. Their children, Symone and Stormjames, followed, and then grandchildren.

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: Judith Beville, Town Clerk
Joseph Danko, Town Attorney
             
PRESENTATIONS
Supervisor spring interns – David Diao (present), Henry Peet, Austin Kirby, Ricky Pintado
International Day of Yoga 2023
AJ Eannazzo, Westchester County Shot Put Champion -- throw  44' 9"




Note: At the June 28 meeting there will be a presentation on the proposed Sportime Tennis Lease Agreement. The proposed agreement is  
 
8:15pm Supervisor Paul Feiner motioned for Executive Session to discuss Juneteenth.
  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
 
8:50 PM Executive Session ended. Town Board returned to general session
             
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 the adoption of the 2023 Capital Budget and the 2024-2025 Capital Plan (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 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]
 
Supervisor Paul Feiner moved to open public 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 for seven (7) days.
  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
             
To consider the adoption of a local law creating a new Chapter 236 in the Code of the Town of Greenburgh entitled, “Odell House Rochambeau Headquarters Museum Advisory Board.”  [To be adjourned to a subsequent Town Board Meeting]
             
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
             
TOWN BOARD – 989-1540
             
TB 1 - 6/14/2023
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 Regeneron Parcels A, B, C, and D under Real Property Tax Law Section 412-A  with Regeneron Pharmaceuticals, Inc., BA Leasings BSC, LLC, the County of Westchester Industrial Development Agency and the Town of Greenburgh located at 735, 745, 755, 757, and 759, Old Saw Mill River Road, Tarrytown to be known as “Regeneron Parcels A, B, C, and D”
  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 2 - 6/14/2023
Resolution of the Town Board of the Town of Greenburgh adopting the 2023 Capital Budget and the 2024-2025 Capital Plan
 
  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
             
TB 3 - 6/14/2023
Resolution regarding recognition of Juneteenth 2023 as a Town of Greenburgh Holiday
  Moved by Councilman Ken Jones, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
             
ASSESSOR - 989-1520
             
AS 1 - 6/14/2023
Resolution authorizing the Town Supervisor to execute an agreement with Tyler Technologies to immediately commence a complete Town Wide reassessment with an expected completion date of June 2024, at a cost not to exceed $400,000  [To be held over to June 28, 2023 Town Board Meeting]
             
ATTORNEY – 989-1615
             
AT 1 - 6/14/2023
Resolution authorizing the Town Supervisor to enter into an inter-municipal agreement with the Hartsdale Public Parking District (HPPD) to reimburse HPPD the costs of personnel and benefit expenses for a full-time parking enforcement officer and two part-time parking enforcement officers from January 1, 2023 to December 31, 2023, in an amount not to exceed $100,500
  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 - 6/14/2023
Resolution authorizing tax certiorari settlement with petitioner River Glen Tenants Corporation for property located at Riverview Place and 645 North Broadway. The Town’s share of the refund is $183±; the County’s share is $1,348±; the North Yonkers Sewer District’s share is $202±; the Hastings-on-Hudson Union Free School District’s share is $8,463±.  Refunds from all sources total $10,196±.
  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 3 – 6/14/2023
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 $50,000, $100,000 in total
  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 – 6/14/2023
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, $400,000 in total
  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 5 – 6/14/2023
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, $250,000 in total
  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 - 6/14/2023
Resolution authorizing closing Bradley Avenue from the driveway located at 95 Bradley Avenue to the dead end, on Sunday, July 16, 2023, from 10:30 AM until 5:30 PM, for residents of Bradley Avenue to hold a neighborhood block party
  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
             
CL 2 - 6/14/2023
Resolution scheduling a public hearing for Wednesday, June 28, 2023 at 7:30pm, to consider a local law creating a new chapter in the Code of the Town of Greenburgh entitled, "Bamboo."
  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 - 6/14/2023
Resolution authorizing Fiscal Year 2023 budget transfer
  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 - 6/14/2023
Resolution authorizing the removal of one (1) tree from within the Town's right-of-way along Abbott Avenue adjacent to Massaro Park, in connection with the reconstruction of a retaining wall.
  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
             
PR 2 - 6/14/2023
Resolution authorizing the execution of a $198,669 grant agreement between the Town of Greenburgh and the County of Westchester comprised of 79,571 in CMC6 Funds and 119,098 in HDC6 Funds and 8,841 CMC6 and 13,234 HDC6 in contractor matching funds for the American Rescue Plan Act CMC6-HDC6 for Title III C-1 and IIIC-2 Programs April 1, 2021 through September 30, 2024
  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
             
PR 3 - 6/14/2023
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 Councilwoman Ellen Hendrickx
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Ellen Hendrickx
  Councilman Francis Sheehan
Motion Adopted
             
PR 4 - 6/14/2023
Resolution authorizing the Town of Greenburgh's Department of Parks and Recreation to accept a $1,000 donation from the Kiwanis Club of Hartsdale to put towards the purchase of a defibrillator to be stationed at the Anthony F. Veteran Park Tennis Facility for use at the park and Secor Woods Park
  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
             
PR 5 - 6/14/2023
Resolution accepting a $360 donation from the African American Men of Westchester, represented by James Robinson, to be used to offset costs to conduct a free Pickleball Clinic on Saturday, June 17, 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
             
PHILANTHROPY – 989-1515
             
PH 1 - 6/14/2023
Resolution authorizing the Town of Greenburgh to accept a grant in the amount of $37,500 from the Lanza Family Foundation for the Greenburgh Police Department Summer Youth Camp Program, the Police Camp
  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 -6/14/2023
Resolution authorizing the Town Supervisor to execute and Inter Municipal Agreement (IMA)  between the Town of Greenburgh and Westchester County to reimburse the Town for the Operations Crossroads Program at the Theodore D. Young Community Center for the Period of January 1, 2023 through September 30, 2023
 
  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 - 6/14/2023
Resolution authorizing the Town Supervisor to execute a change order for the Town of Greenburgh Court House Chiller and Condenser Replacement Project to Mt. Kisco Mechanical Service Corp., for an additional amount of $16,663, amending the total project amount not to exceed $115,143
  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 2 - 6/14/2023
Resolution awarding the contract for professional inspection and as-built drawing services for the repair of the Fairview Park Bridge Drive to KS Engineers, Inc., the lowest bidder, for an amount not to exceed $38,400
  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
 
Supervisor Paul Feiner moved to adjourn meeting at 10:20 pm.
  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
            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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