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Town Clerk’s Office
Town of Greenburgh

September 8, 2021

          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, September 8, 2021
             
PLEDGE OF ALLEGIANCE
             
ROLL CALL: Town Clerk
Present: Supervisor Paul J. Feiner  
  Councilwoman Gina Jackson  
  Councilman Ken Jones  
  Councilwoman Diana D. Juettner  
  Councilman Francis Sheehan  
Staff Present: Judith Beville, Town Clerk
Timothy Lewis, Town Attorney
             
MOMENT OF SILENCE

In memory of the 650,511+ individual victims of COVID-19 who have died in the United States, 4,582,338+ deaths worldwide, each leaving family members and friends too soon
             
PRESENTATIONS

Honoring Sheldon Malev, Greenburgh resident and Professor at Westchester Community College for his life saving initiative - his significant contributions which led to the successful escape of Freshta Nazari from the Taliban in Afghanistan

Proclamation - Honoring Bernell Hawkes-Austin, lifelong resident, Town of Greenburgh, on the occasion of her 90th Birthday
             
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.
Greenburgh has been designated a ”Tree City of the World”: 1 of 38 municipalities in the United States, and 1 of 2
municipalities in the State of New York. Tree Cities of the World is a program of the United Nations and the Arbor Day Foundation.
Any individual or group interested in a visit from the Town Board should email the Board at TownBoard@GreenburghNY.com
             
TOWN CLERK COMMENTS
  Paul Feiner motioned to hear public hearing
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
DECISION
             
To consider an Application by Frank Lapetina to extend the North Ardsley Sewer District to a property located at 245 Secor Road between Ivy Place and Eastway in the Town of Greenburgh.  (Voting the same day as the continued Public Hearing is conditioned on there being no objection at the Public Hearing.)
             
PUBLIC HEARINGS
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
NOTE: Amended Site Plan Application by Hackley School, previously scheduled for a public hearing, will not be held.
             
To consider an Application by Frank Lapetina to extend the North Ardsley Sewer District to a property located at 245 Secor Road between Ivy Place and Eastway in the Town of Greenburgh
 
Supervisor Paul Feiner moved to adjourn hearing for all purposes until September 22, 2021.
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
Re-opening of a Public Hearing to continue consideration of the extension of the Finmor Sewer District in the vicinity of 701 Dobbs Ferry Road (Held over to Town board Meeting of 10/13/2021)
             
PUBLIC COMMENT

A three-minute limit per speaker will be strictly enforced. No interruptions by Town Board members, the Town Clerk or the public will be permitted.
Any questions on agenda items should be asked at this time. Department Heads have the option of leaving the meeting following Public Comment. Therefore, if anyone has questions that are related to resolutions/items on the agenda involving a specific Department Head, those questions should be raised at this time.
             
TOWN BOARD – 989-1540
             
TB 1 - 9/08/2021
Resolution of the Town Board of the Town of Greenburgh authorizing the bringing of disciplinary charges against a Town employee as discussed in Executive Session and directing the Supervisor or Deputy Supervisor to sign and have served the disciplinary charges
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Gina Jackson
 
AYE: Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
NAY: Supervisor Paul J. Feiner
Motion Adopted
             
TB 2 - 9/08/2021
Resolution of the Town Board of the Town of Greenburgh authorizing the Town Supervisor to enter into a Payment-In-Lieu-of-Tax (PILOT) Agreement with WB Edgemont L.P. and Dromore Housing Development Fund Company, Inc. in connection with the development of a 45 Unit Affordable Housing Development at the property located at 1 Dromore Road
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
TB 3 - 9/08/2021
Resolution of the Town Board of the Town of Greenburgh authorizing the Town Supervisor to enter into a Payment-In-Lieu-of-Tax (PILOT) Agreement for a Solar Energy System pursuant to Real Property Tax Law Section 487 with Hartsdale CSG LLC, and the Town of Greenburgh located at 355-371, 381-393 and 401-425 North Central Avenue to be known as “Dalewood Solar”
 
Holdover to September 22, 2021
  Moved by Councilman Francis Sheehan,
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
TB 4 - 9/08/2021
Resolution Rescinding Public Works resolution PW-8 adopted on July 27, 2021 and authorizing the Town Supervisor to enter into a new payment processing service agreement with Value Payment Systems (VPS), and a supplemental service agreement with T Tech, L.L.C. for ACH Transaction Processing
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
TB 5 - 9/08/2021
Resolution adopting a Standard Work Day and Reporting Resolution for Non-Exempt Elected and Appointed Officials (Held over to Town Board Meeing of 9/22/2021)
             
TB 6 - 9/08/2021
Resolution approving the Petition by Frank Lapetina  Parcel ID Nos. 8.170-103-6; 8.170-103-7; 8.170-103-8 and 8.170-103-9 to extend the North Ardsley Sewer District on property located at 245 Secor Road in the Town of Greenburgh after a Public Hearing. (Voting the same evening as the Public Hearing conditioned on there being no objection at the continued Public Hearing)
 
Holdover to September 22, 2021
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
ATTORNEY – 989-1615
             
AT 1 – 9/08/2021
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 al, for an amount not to exceed $25,000, ($50,000 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 Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 2 - 9/08/2021 
Resolution authorizing final payment for the retention of the Law Firm of Landman Corsi Ballaine & Ford, P.C., as Special Counsel for the Town of Greenburgh regarding federal litigation stemming from the zoning classification of a property known as “One Dromore Road,” at a cost not to exceed an additional $300,000 (Held over to Town Board Meeting of 9/22/2021)
             
AT 3 - 9/08/2021
Resolution authorizing settlement of lost wages reimbursement related Claim File No.: 18/21C, by Manuel N. Bravo, for an amount not to exceed $1,050
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 4 – 9/08/2021
Resolution approving the continued retention of the Law Office of Vincent Toomey, to represent the Town of Greenburgh 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 Councilman Ken Jones
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
AT 5 - 9/08/2021 
Resolution authorizing an agreement with WestCOP to provide Social Services to the Town of Greenburgh for calendar year 2021, at a cost not to exceed $16,837, plus up to $400 reimbursement for meal delivery mileage expenses documented to the satisfaction of the Town Comptroller (Held over to Town Board Meeting of 9/22/2021)
             
CLERK – 989-1500
             
CL 1 - 9/08/2021
Resolution authorizing permission to close Southway between Westway and Eastway, on Sunday, September 12, 2021 (No Rain Date), from 4:00 PM until 8:00 PM, for the residents of Southway to hold their Annual 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 Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 9/08/2021
Resolution granting a retroactive extension of a prior amended site plan approval for a new 3,500 sq. ft. storage building (previously approved as 5,253 sq. ft.) and related improvements to be constructed by Prospero Nursery for property located at 1120 Knollwood Road, (P.O. Elmsford)
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
COMPTROLLER – 989-1603
             
CO 1 - 9/08/2021
Resolution authorizing Fiscal Year 2021 budget transfers
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC WORKS - 989-1575
             
PW 1 - 9/08/2021
Resolution awarding the construction of New Concrete Pads at the Town of Greenburgh Public Works Facility, to ELQ Industries through Gordian Group, Inc., for an amount not to exceed $24,371.21
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PW 2 - 9/08/2021
Resolution awarding the contract for the North Central Park Avenue and Lawton Avenue Pedestrian Improvements Project to Gianfia Corporation, the lowest bidder, for an amount not to exceed $514,399
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PW 3 - 9/08/2021
Resolution authorizing Change Order #1 to the "2021 Milling and Resurfacing of Various Streets in the Town of Greenburgh" contract with Montesano Bros., Inc., providing for additional road resurfacing, increasing the total amount of the contract by an additional amount not to exceed $330,000
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             


MOTION FOR EXECUTIVE SESSION  
Motion for Executive Session for the purpose of discussing a personnel matter pertaining to one or more individual employees.
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Gina Jackson
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
 
Supervisor moved to motion to executive session 10:23PM
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  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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