Town Board Agenda

STATED TOWN BOARD MEETING MAY 8, 2018 The Town Board of the Town of Hempstead, New York, met at the Town Meeting Pavilion, Hempstead Town Hall, I Washington Street, Hempstead, New York, on Tuesday, May 8, 2018 at 10:30 A.M. Roll was called: PRESENT: LAURA A. GILLEN, Supervisor EDWARD A. AMBROSINO, Councilman BRUCE BLAKEMAN, Councilman ANTHONY P. D'ESPOSITO, Councilman DENNIS DUNNE, SR., Councilman DOROTHY L. GOOSBY, Senior Councilwoman ERIN KING SWEENEY, Councilwoman Members of the Town Board ALSO PRESENT: SYLVIA A. CABANA, Town Clerk GASPARE TUMMINELLO, Deputy Town Clerk JOSEPH J. RA, Town Attorney KEVIN CONROY, Town Comptroller Supervisor Gillen asked Councilman Dunne to lead the assemblage in the Pledge of Allegiance to our flag. * * * * * * * * * * * * PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 29916 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 594-2018 parking in GARDEN CITY SOUTH (To amend Chapter 202 of the Code of A/B the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilman Ambrosino, seconded by Councilman Blakeman, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 34-2018 ADOPTED, pursuant to Resolution No. 594-2018 * * * * * * * * * * * * 29917 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 595-2018 OCEANSIDE, (NR) VALLEY STREAM (To amend Section 202-1 of the BIDE Code of the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was - 72 -  May 8, 2018 CASE NO. 29917 - PUBLIC HEARING - Continued On motion of Councilman Blakeman, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 35-2018 ADOPTED, pursuant to Resolution No. 595-2018 * * * * * * * * * * * * 29918 Proposed Local Law Re: "ARTERIAL STOPS" in ROOSEVELT, 596-2018 WANTAGH (To amend Section 197-5 of the Code of the Town of G/KS Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilwoman Goosby, seconded by Councilwoman King Sweeney, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 36-2018 ADOPTED, pursuant to Resolution No. 596-2018 * * * * * * * * * * * * 21527 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" in 597-2018 BELLMORE, ELMONT, FRANKLIN SQUARE (Bellmore Avenue, KS/A Eagle Avenue, Kirkman Avenue, Theodora Street) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilwoman King Sweeney, seconded by Councilman Ambrosino, and unanimously voted upon roll call that the public hearing be closed, and "Handicapped Parking on Public Streets" ADOPTED * * * * * * * * * * * * 29919 Proposed creation of a new Article VIIB of the Building Zone Ordinance of Adjourned to the Town of Hempstead, to be entitled "GC GOLF COURSE COASTAL June 19, 2018 RESIDENCE DISTRICT (GC)" & setting forth regulations pertaining to BIDE possible residential redevelopment of certain existing private golf course properties - TOWN OF HEMPSTEAD APPEARANCES: CONCERNS: Felix Procacci; Rena Saffra; Peter Stein; Lauren Sobel; Marian David; Rochelle Kevelson; Meta J. Mereday; Michael Turi No one else wishing to be heard on subject matter, it was On motion of Councilman Blakeman, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and ADJOURNED to June 19, 2018 * * * * * * * * * * * * - 73 - May 8, 2018 29920 To consider the adoption of the Town ofHempstead's 2018 Capital Plan & Adjourned to the 2018 to 2022 Multi-Year Capital Plan - TOWN OF HEMPSTEAD June 5, 2018 KSIB APPEARANCES: CONCERNS: Felix Procacci; Richard Schurin; Meta J. Mereday; Valerie Lampe; Mary-Ellen Kreye No one else wishing to be heard on subject matter, it was On motion of Councilwoman King Sweeney, seconded by Councilman Blakeman, and voted upon roll call that the public hearing be closed, and ADJOURNED to June 5, 2018 SENIOR COUNCIL WOMAN GOOSBY VOTED NO * * * * * * * * * * * * 4562 Application of JAS USA INC. to include premises, existing and extend Adjourned to premises into the GSS District to maintain existing repair bays and snack June 5, 2018 shop, installation of a 24'x 54' canopy over the existing pump islands with GIDE lighting, vacuum station, air station, dumpsters enclosure and various other site improvements including paving, curbing, landscaping and the relocation of an existing curb cut along Chester Street. located at 1198 Front Street - UNIONDALE - sle corner of Front Street and Chester Street APPEARANCES: FOR APPLICANT: Kevin O'Brien, Esq.; Larry O'Brien, Engineer No one else wishing to be heard on subject matter, it was On motion of Councilwoman Goosby, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and ADJOURNED to June 5, 2018 COUNCILMAN AMBROSINO WAS NOT PRESENT DURING VOTING * * * * * * * * * * * * 19953 DECISION: GRANTED Application of NASSAU LAND DEVELOPERS , GRANTED LLC for rezoning from Residence "B" District to Business District located at 598-2018 1184 Hempstead Tpke. - UNIONDALE - sle corner of Hempstead Tpke. & GIDE Walton Ave. SUPERVISOR GILLEN NOT TO VOTE * * * * * * * * * * * * 13177 DECISION: Application of BOLLA EM REALTY, LLC for a variance from GRANTED provisions of "GSS" Ordinance to operate a convenience store at an existing 599-2018 gasoline service station, as well as area sign parking variance relief from the GIDE Gasoline Service Station District required - (NR) WESTBURY - slw intersection of Carman & Stewart Aves. wlfrontage on Carman Ave. of 181' & 150' on Stewart Ave. COUNCILMAN AMBROSINO RECUSED HIMSELF FROM VOTING COUNCILMAN BLAKEMAN RECUSED HIMSELF FROM VOTING - 74 -  May 8, 2018 ADMINISTRATIVE CALENDAR 20915 Resolutions (3) - Ratifying, confirming & granting permission for use of Town of Hempstead Parking Fields - 600-2018 BELLMORE [B-2] (CHAMBER OF COMMERCE OF THE BELLMORES) 601-2018 MERRICK [M-5] (FREEPORT MERRICK ROTARY CLUB) 602-2018 UNIONDALE [U-1] (NASSAU COUNTY LEG ISLA TOR KEV AN M. GIDE ABRAHAMS) 6542 Resolutions (14)-Ratifying & confirming emergency posed by threat of imminent danger & authorizing special assessment in regard to open, abandoned one family dwellings - DEPT. OF BUILDINGS (MGP LANDSCAPE CONSTRUCTION LLC d/bla M3 DEVELOPMENT GROUP) 603-2018 BALDWIN (663 Arthur Street) 604-2018 BALDWIN (958 Pacific Street) 605-2018 BALDWIN (810 Wallace Avenue) 606-2018 BALD WIN (3103 Eastern Parkway) 607-2018 EAST MEADOW (2457 3rd Avenue) 608-2018 FRANKLIN SQUARE (18 Semton Boulevard) 609-2018 LEVITTOWN (17 Windmill Lane) 610-2018 MERRICK (2896 Bay Drive) 611-2018 ROOSEVELT (58 Bennett Avenue) 612-2018 UNIONDALE (926 Ditmas Avenue) 613-2018 UNIONDALE (879 Smith Street) 614-2018 WEST HEMPSTEAD (26 Melvin Avenue) 615-2018 WEST HEMPSTEAD (11 Scaneateles Avenue) 616-2018 WOODMERE (8 Woodmere Boulevard) GIDE 25843 Resolutions (5) - Ratifying, confirming & granting applications for parade permits- 617-2018 BALDWIN (LADY BRUINS BASKETBALL) 618-2018 FRANKLIN SQUARE (GARDEN CITY SOUTH LITTLE LEAGUE) 619-2018 INWOOD (OUR LADY OF GOOD COUNSEL SOCIETY) 620-2018 UNIONDALE, WESTBURY, EAST MEADOW (FRIENDS OF NASSAU COUNTY RECREATION INC.) 621-2018 WEST HEMPSTEAD (WEST HEMPSTEAD LITTLE LEAGUE) GIDE 511 Resolution - Granting the application to conduct an indoor range at the 622-2018 Plattdeutsche Park Restaurant - FRANKLIN SQUARE - 1132 Hempstead GIDE Tpke. (BROOKLYN SCHUETZEN CORPS) APPEARANCES: CONCERNS: Mary-Ellen Kreye 2 Resolution -Amending Resolution No. 839-2011 to name an additional bank 623-2018 as an official depository for town monies - TOWN OF HEMPSTEAD GIDE (HABIB AMERICAN BANK) 27868 Resolution - Authorizing execution of agreement to provide employee 624-2018 assistance program - DEPT. OF HUMAN RESOURCES (LABOR GIDE EDUCATION AND COMMUNITY SERVICES AGENCY, INC.) APPEARANCES: AGAINST: Meta J. Mereday - 75 - May 8, 2018 16905 Resolution - Rejecting bid & authorizing re-bid for the construction of ADA 625-2018 compliant bathrooms at Bernard Brown Park- UNIONDALE - DEPT. OF GIDE PARKS & RECREATION -PW#2-18 APPEARANCES: AGAINST: Meta J. Mereday 14301 Resolution - Authorizing the award of a bid for the reorganization of the 626-2018 Town's network infrastructure-DEPT. OF INFORMATION & GIDE TECHNOLOGY (SATURN BUSINESS SYSTEMS, INC.) 29927 Resolution - Authorizing the award of formal bid for evaluation and inventory 627-2018 of Town real estate assets- TOWN OF HEMPSTEAD (SMITH & GIDE DEGROAT REAL ESTATE) Formal Bid #5-2018 APPEARANCES: CONCERNS: Mary-Ellen Kreye COUNCILMEN AMBROSINO & D'ESPOSITO VOTED TO AMEND RESOLUTION 9620 Resolution - Authorizing the award of formal bid for utility and telephone 628-2018 auditing services - TOWN OF HEMPSTEAD (COST CONTROL GIDE ASSOCIATES, INC.) Formal Bid #8-2018 COUNCILMEN BLAKEMAN & DUNNE VOTED TO AMEND RESOLUTION 1597 Resolution - Authorizing the execution of a lease agreement for a 629-2018 DM400C digital mailing system - DEPT. OF WATER (PITNEY BOWES) GIDE 16452 Resolution - Authorizing the award of TOH contract for yearly requirements 630-2018 for insurance consulting services - TOWN OF HEMPSTEAD (ARTHUR J. GIDE GALLAGHER RISK MANAGEMENT SERVICES, INC.) Contract #42- 2018 20215 Resolution - Declaring certain equipment obsolete & authorizing the disposal 631-2018 thereof - DEPT. OF SENIOR ENRICHMENT GIDE APPEARANCES: CONCERNS: Mary-Ellen Kreye 17437 Resolution-Amending Resolution No. 1529-2015 authorizing the change in 632-2018 name and location oflntegra Technologies International, Inc. to Elite GIDE Technical Service, Inc. - DEPT. OF GENERAL SERVICES, PHOTO DIVISION 12981 Resolution-Authorizing the Town of Hempstead to obtain membership in the 633-2018 Long Island Community Development Organization in connection with the GIDE Federally Funded Community Development Programs - DEPT. OF PLANNING & ECONOMIC DEVELOPMENT APPEARANCES: AGAINST: Meta J. Mereday - 76 -  May 8, 2018 16976 Resolution - Authorizing payment of the maintenance and support services 634-2018 fee for the Human Resource Management/Payroll Processing System - GIDE OFFICE OF THE TOWN COMPTROLLER (PEOPLESTRATEGY, INC.) 22522 Resolution - Authorizing payment of Notary Public fee - DEPT. OF 635-2018 GENERAL SERVICES, DIVISION OF CEMETERIES (PATRICIA G. GIDE LIMA) APPEARANCES: AGAINST: Meta J. Mereday 18077 Resolution - Authorizing reimbursement to the Commissioner of General 636-2018 Services for payment to the Nassau Suffolk Landscape Grounds Association GIDE for an All Pro Horticulture Class - DEPT. OF GENERAL SERVICES, DIVISION OF CEMETERIES (GERALD C. MARINO) 530 Resolution - Amending Resolution No. 151-2000 entitled "Resolution DENIED Adopting Procedures of the Hempstead Town Board" - TOWN OF GIDE HEMPSTEAD APPEARANCES: CONCERNS: Mary-Ellen Kreye; Rori Gordon; Felix Procacci; Meta J. Mereday AGAINST: Valerie Lampe; Pearl Jacobs; Diane Madden 27490 Resolution - Authorizing the Town Attorney to execute an engagement letter 637-2018 with Debevoise & Plimpton LLP_as the attorneys for Councilwoman Erin GIDE King Sweeney in the matter of Gillen v. Town of Hempstead, et al. - OFFICE OF THE TOWN ATTORNEY APPEARANCES: AGAINST: Rori Gordon; Felix Procacci COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING 27490 Resolution -Authorizing the Town Attorney to retain Lamb & Bamosky, LLP 638-2018 as the attorneys for Anthony P. D'Esposito in the matter of Gillen v. Town of GIDE Hempstead, et al.-OFFICE OF THE TOWN ATTORNEY APPEARANCES: AGAINST: Rori Gordon; Felix Procacci COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING 27490 Resolution - Authorizing the Town Attorney to retain La Reddola, Lester & 639-2018 Associates, LLP as the attorneys for Dorothy L. Goosby in the matter of GIDE Gillen v. Town of Hempstead, et al.-OFFICE OF THE TOWN ATTORNEY APPEARANCES: AGAINST: Rori Gordon; Felix Procacci COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING - 77 - May 8, 2018 27490 Resolution -Authorizing the Town Attorney to retain Rosenberg Calica & REMOVED Birney LLP as the attorneys for Edward A. Ambrosino, Dennis Dunne, Sr., FROM Town of Hempstead Civil Service Commission, Arthur J. Nastre, Michael CALENDAR Perry, Gennaro Cesarano & Robert W. Schmidt in the matter of Gillen v. AIDE Town of Hempstead, et al.-OFFICE OF THE TOWN ATTORNEY APPEARANCES: AGAINST: Rori Gordon; Felix Procacci 27490 Resolution - Authorizing the execution of an agreement with Abrams, 640-2018 Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP. as GIDE the attorneys for Supervisor Laura A. Gillen in the matter of Gillen v. Town of Hempstead, et al. - OFFICE OF THE SUPERVISOR APPEARANCES: AGAINST: Rori Gordon; Felix Procacci 27490 Resolution -Amending Resolution No. 1263-2017 which authorized the 641-2018 Town Attorney to execute a service agreement to provide assistance with GIDE certain potential air quality, noise and vibration matters in the Town of Hempstead - OFFICE OF THE TOWN ATTORNEY (RTP ENVIRONMENTAL ASSOCIATES, INC.) APPEARANCES: AGAINST: Meta J. Mereday 28674 Resolution - Extending the Temporary Moratorium on development of certain 642-2018 golf course properties under Section 302 (R) of Article XXXI of the Building GIDE Zone Ordinance - TOWN OF HEMPSTEAD APPEARANCES: FOR APPLICANT: AGAINST: Efrem Genszberg, Developer; Christian Browne, Esq. CONCERNS: Felix Procacci IN FAVOR: Rena Saffra; Peter Stein 7 Resolution - Amending Resolution No. 19-2018 Re: Various offices positions & occupations in the Town Government of the Town of Hempstead 28927 643/1-2018 AMBROISE, CAPRICE (DEPT. OF GENERAL SERVICES, Animal Shelter & Control Division) 29815 64312-2018 HARRISON, KEITH (DEPT. OF PARKS & RECREATION) 26543 64313-2018 LANGLEY, MICHAEL (DEPT. OF GENERAL SERVICES, Buildings & Grounds Division) 26751 64314-2018 MULLER, ELIZABETH (OFFICE OF THE TOWN BOARD) 29234 64315-2018 SHELTON, CLARENCE (OFFICE OF THE TOWN BOARD) 26519 64316-2018 V ACCHIO, AMY (DEPT. OF PARKS & RECREATION) - 78 -  May 8, 2018 CASE NO. Various - Continued 26520 643/7-2018 WOODSON, JEANNE (DEPT. OF GENERAL SERVICES, Buildings & GIDE Grounds Division) APPEARANCES: CONCERNS: Diane Madden 29923 Resolution Calling for a Public Hearing on MAY 22, 2018 644-2018 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit GIDE parking in NORTH BELLMORE, OCEANSIDE (To amend Chapter 202 of the Code of the Town of Hempstead) 29924 Resolution Calling for a Public Hearing on MAY 22, 2018 645-2018 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in GIDE BELLMORE, INWOOD, ROOSEVELT, UNIONDALE, WOODMERE (To amend Section 202-1 of the Code of the Town of Hempstead) APPEARANCES: CONCERNS: Mary-Ellen Kreye 29925 Resolution Calling for a Public Hearing on MAY 22, 2018 646-2018 Proposed Local Law Re: "ARTERIAL STOPS" in BELLMORE, ELMONT, GIDE ROOSEVELT, WOODMERE (To amend Section 197-5 of the Code of the Town of Hempstead) 29926 Resolution Calling for a Public Hearing on MAY 22, 2018 647-2018 Proposed Local Law Re: "TRAFFIC REGULATIONS IN THE VICINITY GIDE OF SCHOOLS" in ELMONT, UNIONDALE (To amend Section 197-13 of the Code of the Town of Hempstead) APPEARANCES: CONCERNS: Mary-Ellen Kreye 18920 Resolution Calling for a Public Hearing on MAY 22, 2018 648-2018 Proposed Local Law Re: "BUS STOPS" in BELLMORE (To amend Section GIDE 202-52 of the Code of the Town of Hempstead) 18920 Resolution Calling for a Public Hearing on MAY 22, 2018 649-2018 Proposed Local Law Re: "SCHOOL BUS STOPS" in ROOSEVELT (To GIDE amend Section 202-52 of the Code of the Town of Hempstead) 20614 Resolution Calling for a Public Hearing on MAY 22, 2018 650-2018 Proposed Local Law Re: "LOADING ZONES" in INWOOD (To amend GIDE Section 202-53 of the Code of the Town of Hempstead) 29928 Resolution Calling for a Public Hearing on MAY 22, 2018 TABLED Proposed Local Law entitled "FILLING VACANCIES IN ELECTIVE KSID OFFICE BY SPECIAL ELECTION" (To establish Chapter 16A of the Code of the Town of Hempstead) - 79 - May 8, 2018 CASE NO. 29928 - Continued APPEARANCES: AGAINST: Carl Geratto SUPERVISOR GILLEN AND COUNCILWOMAN GOOSBY VOTED NO 15396 Resolution Calling for a Public Hearing on MAY 22, 2018 651-2018 Proposed Local Law entitled "PARKS" in order to prohibit the smoking of GIDE electronic cigarettes within Town parks and recreation facilities, except in the areas that have been designated as smoking areas (To amend Chapter 78 of the Code of the Town of Hempstead) 14520 Resolution Calling for a Public Hearing on MAY 22, 2018 652-2018 Proposed Local Law Re: "STRUCTURES IN WATERWAYS" (For the GIDE repeal & reenactment of Chapter 168 of the Code of the Town of Hempstead) 27490 Resolution- Authorizing the Town Attorney to retain Rosenberg Calica & 653-2018 Birney Lip, as the attorneys for Edward A. Ambrosino in the matter of Gillen GIDE V. Town of Hempstead et al. APPEARANCES: AGAINST: Rori Gordon; Felix Procacci COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING 27490 Resolution- Authorizing the Town Attorney to retain Bisceglie & Associates, 654-2018 P.C. as the attorneys for Dennis Dunne Sr. in the matter of Gillen V. Town of GIDE Hempstead et al. APPEARANCES: AGAINST: Rori Gordon; Felix Procacci COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING 19953 Resolution - Accepting a Declaration of Restrictive Covenants in connection 655-2018 with application of NASSAU LAND DEVELOPERS , LLC for rezoning from GIDE Residence "B" District to Business District located at 1184 Hempstead Tpke. - UNIONDALE-sle comer of Hempstead Tpke. & Walton Ave. SUPERVISOR GILLEN NOT TO VOTE 13177 Resolution - Accepting a Declaration of Restrictive Covenants in Connection 656-2018 with BOLLA EM REALTY, LLC for a variance from provisions of"GSS'' DEIG Ordinance to operate a convenience store at an existing gasoline service station, as well as area sign parking variance relief from the Gasoline Service Station District required - (NR) WESTBURY - slw intersection of Carman & Stewart Aves. wlfrontage on Carman Ave. of 181' & 150' on Stewart Ave. COUNCILMAN AMBROSINO RECUSED HIMSELF FROM VOTING COUNCILMAN BLAKEMAN RESCUSED HIMSELF FROM VOTING - 80 -  May 8, 2018 No further business to come before the Board, it was on motion of Councilman Blakeman, seconded by Councilman Dunne, and unanimously voted upon roll call that the Meeting be ADJOURNED. * * * * * * * * * * * * / SYLVIA A. CABANA TOWN CLERK th - 81 -