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Town of Greenburgh




 
May 12, 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, May 12, 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
             
INTRODUCTION & APPOINTMENT OF NEW POLICE OFFICERS
             
Appointment of Robert B. Francis and Saied Karoo as Probationary Police Officers, effective on or about May 14, 2021
  Moved by Councilman Francis Sheehan, 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
             
MOMENT OF SILENCE

In memory of the 581,750+ individual victims of COVID-19 who have died in the United States, 3,277,272+ deaths worldwide, each leaving family members and friends too soon

In memory of Nancy Larrabee, who began working for the Greenburgh Public Library in June of 1994. In the following 27 years as a librarian, Nancy held a variety of roles, most recently providing services to Greenburgh’s seniors. Nancy, with her warm smile, was always a welcoming presence for patrons and enjoyed sharing her knowledge, love of reading and passion for genealogy and local history. Nancy was a kind, intelligent and supportive colleague committed to serving the residents of Greenburgh with exceptional programs, diligent research and patient assistance with technology. She will be deeply missed by all of us.

In memory of Holly Elisabeth Gant Jones, resident, former administrator at Mercy College and longtime Guidance Counselor at Woodlands. Holly was instrumental in referring Woodlands High School students to the Greenburgh Town Hall Summer Internship Program and was, previously, honored by the Town during Women’s History Month.

In memory and tribute to Rupert Cort (passed 6:00am on April 10th), Olive Holder (passed 7:00am on April 10th) and Cecil Betten (passed 8:00am on April 11th) – brother, sister and brother-in-law, respectively, of distinguished community leader Lloyd Cort, Chairman of the Community Development Block Grant Advisory Committee, member of the Police Advisory Committee and President of the Parkway Gardens Civic Association. We want to express our most sincere condolences to Lloyd and his family who lost three very dear and intimately close loved ones/relatives within a matter of hours of each other.
             
PRESENTATIONS

Stop Anti-Asian Hate -- Dongming Cai, Ling Li and Faye Zhang

NAMI/Mental Health Awareness Month - Sharon Regan Masciovecchio
             
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.
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 Extension of the Finmor Sewer District in the vicinity of 701 Dobbs Ferry Road in the Town of Greenburgh (Note: The public hearing on this application will be reopened for comment on 5/26/2021)
             
PUBLIC HEARINGS
  Moved by Supervisor Paul J. Feiner, seconded by Councilwoman Diana D. Juettner to open first public hearings
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
  Moved by Councilman Francis Sheehan, seconded by Councilwoman Diana D. Juettner to resind initial motion to open first public hearing and instead to open all of the community development block grant hearing as one hearing
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
To invite public comment on the Town of Greenburgh's endorsement of the proposed Community Development Block Grant (CDBG) application to be submitted through the Westchester Urban County Consortium for Fiscal Year 2022-2024 for the Greenburgh Parks and Recreation and the Theodore D. Young Community Center, Department of Community Resources Yosemite Smart Park Project
             
To invite public comment on the Town of Greenburgh's endorsement of the proposed Community Development Block Grant (CDBG) application to be submitted through the Westchester Urban County Consortium for Fiscal Year 2022-2024 for the Greenburgh Parks and Recreation Pocantico Park Upgrades and Park Improvements
             
To invite public comment on the Town of Greenburgh's endorsement of the proposed Community Development Block Grant (CDBG) application to be submitted through the Westchester Urban County Consortium for Fiscal Year 2022-2024 for the Lois Bronz Children's Center Playground Improvement Project
             
To invite public comment on the Town of Greenburgh's endorsement of the proposed Community Development Block Grant (CDBG) application to be submitted through the Westchester Urban County Consortium for Fiscal Year 2022-2024 for the Non-Profit Organization Projects to Westchester County
             
To invite public comment on the Town of Greenburgh's endorsement of the proposed Community Development Block Grant (CDBG) application to be submitted through the Westchester Urban County Consortium for Fiscal Year 2022-2024 for sidewalk installation along portions of North Washington Avenue in the Town of Greenburgh
  Moved by Councilman Francis Sheehan, seconded by Supervisor Paul J. Feiner to close public hearings and vote at an upcoming special meeting.
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PUBLIC COMMENT

Advance signup via PublicComment@GreenburghNY.com is required. See instructions on first page. 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.

             
BOARDS & COMMISSIONS
             
Appointment of Claire Pizzuti to the Board of Ethics, to fulfill an unexpired term, to expire December 31, 2022
  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
             
TOWN BOARD – 989-1540
             
TB 1 - 5/12/2021
Resolution of the Town Board of the Town of Greenburgh authorizing the Town Supervisor to enter into an agreement with the New York State Department of Transportation (“NYSDOT”) for payment in the amount of $21,275, on behalf of the Cotswold Park District in connection with land owned by the park district at the corner of Ardsley Road and Central Avenue
  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
             
TB 2 - 5/12/2021
Resolution authorizing settlement of litigation with S&R Development Estates, LLC and related insurance coverage dispute with National Union Fire Insurance Company of Pittsburgh, PA.  [Note from outside counsel: "Because the lawsuit is still pending, the Town Board has been advised that it should not make any public statements about the lawsuit, or the settlement agreements, until after the Court has dismissed the case."].
  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
             
TB 3 - 5/12/2021
Resolution authorizing the adoption and use of the Retention and Disposition Schedule for New York Local Government Records, issued by the University of the State of New York, the State Education Department, New York State Archives, 2020 Revised Version
  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
             
TB 4 - 5/12/2021
Resolution amending Chapter 460 of the Code of the Town of Greenburgh to remove restrictions prohibiting parking on Van Buren Place between the intersections of North and South Roads in the Town between the hours of 1:00 AM and 6:00 PM
  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
             
ATTORNEY – 989-1615
             
AT 1 -  5/12/2021
Resolution authorizing the continued retention of Dylan C. Braverman, Esq., of the Law Firm of Vigorito, Barker, Porter & Patterson, LLP., Outside Counsel (Monica DeNunzio v. TOG, et al, for an amount not to exceed $25,000 (50,000 in total)
  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
             
AT 2 - 5/12/2021
Resolution approving the continued retention of Thomas J. Troetti, Esq., to represent Greenburgh Police Officer Geoffrey Hart in the Matter of Stephen DeCristofaro v. The Town of Greenburgh and the Town of Greenburgh Police Department, and P.O. Geoffrey Hart,for an amount not to exceed $25,000 (75,000 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 3 - 5/12/2021
Resolution authorizing settlement of property damage related Claim File No.: 17/21C, by Thomas Salshutz, for an amount not to exceed $100
  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
             
AT 4 - 5/12/2021
Resolution approving the continued retention of Thomas J. Troetti, Esq., to represent Greenburgh Police Officer Davey Jakasal, Sergeant Edward Olsen, Captain Daniel Valentine, Detective Daniel O’Malley, Sergeant Carl Yuan and Detective Maria Pacino in The Matter of Lakiesha Walker and Otte Armstrong  v. Town of Greenburgh, et al, for an amount not to exceed $25,000 ($100,000 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 - 5/12/2021
Resolution authorizing tax certiorari settlement with petitioner Snapple Distributors, Inc. for property located at 55 Hunter Lane.  The Town’s share of the refund is $10,569±; the County’s share is $6,402±; the Saw Mill Valley Sewer District’s share is $935±; the Pocantico Hills Central School District’s share is $15,314±; the N. Elmsford Fire Protection District’s share is $1,295.  Refunds from all sources total $34,515±.
  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
             
AT 6 - 5/12/2021
Resolution authorizing tax certiorari settlement with petitioner David Chao for property located at 315 Clayton Road.  The Town’s share of the refund is $13,291±; the County’s share is $8,403±; the Bronx Valley Sewer District’s share is $986±; the Edgemont Union Free School District’s share is $43,737±; the Greenville Fire District’s share is $7,814±; the Consolidated Sewer Mtc. District’s share is $479±.  Refunds from all sources total $74,711±
  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
             
AT 7 - 5/12/2021
Resolution authorizing tax certiorari settlement with petitioner Hilltop Commercial LLC for property located at 92 Prospect Avenue.  The Town’s share of the refund is $452±; the County’s share is $248±; the Bronx Valley Sewer District’s share is $33±; the Greenburgh Central School District’s share is $1,176±; the Fairview Fire District’s share is $359±; the Consolidated Sewer Mtc. District’s share is $17±.  Refunds from all sources total $2,285±
  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
             
CLERK – 989-1500
             
CL 1 - 5/12/2021
Order of the Town Board reopening a Public Hearing, 7:30 PM, Wednesday, May 26, 2021, to continue consideration of the extension of the Finmor Sewer District in the vicinity of 701 Dobbs Ferry Road in the Town of Greenburgh
  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
             
CL 2 - 5/12/2021
Resolution scheduling a Public Hearing to consider a Local Law amending Chapter 520 of the Code of the Town of Greenburgh entitled “Conservation Advisory Council” to expand the number of advisory council members from seven (7) members to up to eleven (11) members  (Held over from 4/28/2021 Town Board Meeting) (Held Over to Town Board meeting scheduled for 5/26/2021)
             
CL 3 - 5/12/2021
Resolution authorizing permission to close Dunham Road between Essex Place and Joyce Road, on Saturday, June 12, 2021 (Rain Date: June 13, 2021), from 2:00PM until 7:00PM, for the residents of Dunham Road to hold their 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 Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
COMMUNITY DEVELOPMENT – 989-1538
             
CD 1 - 5/12/2021
Resolution declaring the intention of the Town Board of the Town of Greenburgh to be Lead Agency for an Amended Site Plan and related applications of Old Saw Mill Holdings, LLC, a wholly owned subsidiary of Regeneron Pharmaceuticals, Inc. (“Regeneron”), located at 777 Old Saw Mill River Road (P.O. Tarrytown), and referring the Amended Site Plan Application to the Planning Board for review and recommendation
  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
             
CD 2 - 5/12/2021
Resolution declaring the intention of the Town Board of the Town of Greenburgh to be Lead Agency for an Amended Site Plan and related applications of Loop Road Holdings, LLC, a wholly owned subsidiary of Regeneron Pharmaceuticals, Inc. (“Regeneron – Loop Road”), located at 555 Saw Mill River Road (P.O. Tarrytown), and referring the Amended Site Plan application to the Planning Board for review and recommendation
  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
             
CD 3 - 5/12/2021
Resolution endorsing the submission of an application for 2022 – 2024 Community Development Block Grant funding for sidewalk installation along portions of North Washington Avenue in the Town of Greenburgh
  Moved by Supervisor Paul J. Feiner, seconded by Councilman Francis Sheehan Closed hearing and keep record open until Monday, May 17, 2021.
 
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 - 5/12/2021
Resolution approving 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
             
PHILANTHROPY – 989-1515
             
PH 1 - 5/12/2021
Resolution endorsing the submission of an application for 2022-2024 Community Development Block Grant (CDBG) Funding for the Greenburgh Parks and Recreation and the Theodore D. Young Community Center, Department of Community Resources Yosemite Smart Park Project
  Moved by Councilman Francis Sheehan, seconded by Councilman Ken Jones To be voted on at special meeting on May 18, 2021.
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PH 2 - 5/12/2021
Resolution endorsing the submission of an application for 2022-2024 Community Development Block Grant (CDBG) Funding for the Greenburgh Parks and Recreation Pocantico Park Upgrades and Park Improvements
  Moved by Councilman Francis Sheehan, seconded by Councilman Ken Jones to be voted on @ special meeting on May 18, 2021.
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PH 3 - 5/12/2021
Resolution endorsing the submission of an application for 2022-2024 Community Development Block Grant (CDBG) Funding for the Lois Bronz Children's Center Playground Improvement Project
  Moved by Councilman Francis Sheehan, seconded by Councilman Ken Jones to be voted on @ special meeting on May 18, 2021.
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PH 4 - 5/12/2021
Resolution endorsing the submission of a application for fiscal year 2022-2024 Community Development Block Grant (CDBG) Funding for the Non-Profit Organization Projects to Westchester County
  Moved by Councilman Francis Sheehan, seconded by Councilman Ken Jones to be voted on @ special meeting on May 18, 2021.
 
AYE: Supervisor Paul J. Feiner
  Councilwoman Gina Jackson
  Councilman Ken Jones
  Councilwoman Diana D. Juettner
  Councilman Francis Sheehan
Motion Adopted
             
PH 5 - 5/12/2021
Resolution accepting a grant in the amount of $5,000 from George and Rachel Gumina, Rockefeller Philanthropy Advisors designated for sponsorship of the Town of Greenburgh's  student summer internship program
  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
             
POLICE – 989-1740
             
PO 1 -  5/12/2021
Resolution appointing Robert B. Francis and Saied Karoo as Probationary Police Officers
  Moved by Councilman Francis Sheehan, 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
             
PO 2 - 5/12/2021
Resolution of the Town Board of the Town of Greenburgh authorizing the Town Supervisor to enter into an agreement with WIN Waste Innovations fka/ Wheelbrator Westchester, L.P. to provide for the destruction of drugs in Police Department custody associated with cases which have been adjudicated and closed
  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 - 5/12/2021
Resolution authorizing the Town Supervisor to execute a Cleaning Service Contract with ARC of Westchester to clean the Lois Bronz Children's Center, 30 Manhattan Avenue, during the period of January 1, 2021 through December 31, 2021, at an annual cost not to exceed $70,527.60
  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
             
PW 2 - 5/12/2021
Resolution authorizing a Master Services Agreement with CivicPlus for the configuration and annual licensing costs related to SeeClickFix, at a cost not to exceed $12,000
  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
             
PW 3 - 5/12/2021
Resolution approving Change Order #1 for Greenburgh Police Department Locker Room project in the amount of $11,936.66, increasing the total contract amount to $62,222.46
  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
             
PW 4 - 5/12/2021
Resolution authorizing an extension of the Professional Services Agreement with Arcadis of New York, Inc. for Construction Management, Support and Inspection to the Consolidated Water District for the Rumbrook Knollwood Interconnection Water Transmission Main Installation project, for a cost not to exceed an additional $49,600.00
  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
            There being no further business to come before the Board, Paul motion to have meeting adjourned at 11:50 P.M.

 



 
_________________________________
Judith A. Beville, Town Clerk

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