Town Board Agenda

STATED TOWN BOARD MEETING OCTOBER 3, 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 Wednesday, October 3, 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. Councilman Dunne reminded everyone that "Breast Cancer Awareness Month" has begun, and asked for a moment of silence in remembrance of those who have passed from breast cancer. Supervisor Gillen asked Town Clerk to deliver tentative budget to each Town Board member. * * * * * * * * * * * * PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 29990 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 1298-2018 parking in SEAFORD (To amend Chapter 202 of the Code of the Town of KS/D Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilwoman King Sweeney, seconded by Councilman Dunne, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 79-2018 ADOPTED, pursuant to Resolution No. 1298- 2018 * * * * * * * * * * * * 29991 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 1299-2018 ELMONT, SEAFORD (To amend Section 202-1 of the Code of the Town of A/KS Hempstead) APPEARANCES: NONE - 169 - October 3, 2018 CASE NO. 29991 -PUBLIC HEARING - Continued No one wishing to be heard on subject matter, it was On motion of Councilman Ambrosino, seconded by Councilwoman King Sweeney, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 80-2018 ADOPTED, pursuant to Resolution No. 1299-2018 * * * * * * * * * * * * 29992 Proposed Local Law Re: "ARTERIAL STOPS" in WOODMERE (To amend 1300-2018 Section 197-5 of the Code of the Town of Hempstead) DEIB APPEARANCES: CONCERNS: Valerie Lampe No one else wishing to be heard on subject matter, it was On motion of Councilman D'Esposito , seconded by Councilman Blakeman, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 81-2018 ADOPTED, pursuant to Resolution No. 1300-2018 * * * * * * * * * * * * 29671 Proposed Local Law in relation to "ENACTING ENHANCED PENALTIES 1301-2018 FOR VIOLATIONS OF THE REGULATIONS OF CHAPTER 121 DIG PERTAINING TO SALE OF TOBACCO PRODUCTS, LIQUID NICOTINE & ELECTRONIC CIGARETTES" (To amend Section 121-6 of Chapter 121 of the Town Code) APPEARANCES: CONCERNS: Felix Procacci; Meta J. Mereday No one else wishing to be heard on subject matter, it was On motion of Councilman Dunne, seconded by Councilwoman Goosby, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 82-2018 ADOPTED, pursuant to Resolution No. 1301-2018 * * * * * * * * * * * * 21527 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" in 1302-2018 EAST ATLANTIC BEACH, ELMONT, FRANKLIN SQUARE, ISLAND BIG PARK, MERRICK, VALLEY STREAM, WANTAGH, WEST HEMPSTEAD (Buffalo Ave., Times Ave., Lehrer Ave., Cloud Ave., Kingston Blvd., Frankel Blvd., Clovelly Dr., Bayview Ave., Langley Ave.) APPEARANCES: IN FAVOR Cay Fatima - Kathryn Marshall & Associates No one else wishing to be heard on subject matter, it was On motion of Councilman Blakeman, seconded by Councilwoman Goosby, and unanimously voted upon roll call that the public hearing be closed, and "Handicapped Parking on Public Streets" ADOPTED - 170 -  October 3, 2018 28676 Proposed amendment of Section 346 of Article XXXIII of the Building Zone 1303-2018 Ordinance of the Town of Hempstead entitled "GASOLINE SERVICE G/KS STATIONS" in order to require existing gasoline service stations to comply with the provisions of Section 336(G)(3) of the Building Zone Ordinance - TOWN OF HEMPSTEAD APPEARANCES: AGAINST: Felix Procacci CONCERNS: Meta J. Mereday No one else 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 ADOPTED COUNCILMAN D'ESPOSITO VOTED NO * * * * * * * * * * * * 4939 Proposed renewal of a contract for furnishing fire protection within the 1304-2018 territory of the MERRICK FIRE PROTECTION DISTRICT (MERRICK KS/DE FIRE DEPARTMENT) APPEARANCES: FOR APPLICANT: Chief Paul Scolieri; Ronnie Geis, Chairman of the Board No one else wishing to be heard on subject matter, it was On motion of Councilwoman King Sweeney, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and ADOPTED * * * * * * * * * * * * 620 GRANTED: Application of CUMBERLAND FARMS, INC. for a variance GRANTED from provisions of "GSS" Ordinance in order to permit the construction of a 1305-2018 new convenience store along with a canopy & dispensing islands & tanks, site DE/G improvements to parking, signage, generator, dumpster enclosure & landscaping at an existing gasoline service station located at 2962 Long Beach Rd. - OCEANSIDE - s/w corner Long Beach Rd. & Atlantic Ave. APPEARANCES: FOR APPLICANT: William Bonesso, Esq.; Wayne A. Muller, P.E. of R&M Engineering CONCERNS: Felix Procacci; Meta J. Mereday No one else wishing to be heard on subject matter, it was On motion of Councilman D'Esposito, seconded by Councilwoman Goosby, and unanimously voted upon roll call that the public hearing be closed, and "Application of CUMBERLAND FARMS, INC. for a variance from provisions of "GSS" Ordinance" GRANTED SUPERVISOR GILLEN RECUSED HERSELF FROM VOTING - I 71 - October 3, 2018 26909 DECISION: Application ofDEKA ASSOCIATES, LLC for approval of the Postponed project plan for Grand Manor Estates & approving a "PILOT" for the Senior Indefinitely Housing Project affecting real property located at 2870 Grand Ave. - KS/DE BALDWIN - w/si of Grand Ave., 230' s/ofBarnes Ave. SUPERVISOR GILLEN VOTED NO * * * * * * * * * * * * ADMINISTRATIVE CALENDAR 25843 Resolutions (17) - Ratifying, confirming & granting applications for parade permits - 1306-2018 BELLMORE (ROCKING THE ROAD FOR A CURE) 1307-2018 BELLMORE (CHAMBER OF COMMERCE OF THE BELLMORES) 1308-2018 EAST MEADOW (MCVEY ELEMENTARY SCHOOL) 1309-2018 EAST MEADOW (EAST MEADOW HIGH SCHOOL) 1310-2018 ELMONT (BELMONT PARK COMMUNITY COALITION) 1311-2018 ELMONT (JAMIA ZIA UI-QUARAN INC.) 1312-2018 FRANKLIN SQUARE (H FRANK CAREY HIGH SCHOOL) 1313-2018 LEVITTOWN (GENERAL DOUGLAS MACARTHUR HIGH SCHOOL) 1314-2018 LEVITTOWN (DIVISION AVE HIGH SCHOOL) 1315-2018 OCEANSIDE (DEPT. OF COMMUNITY ACT) (OCEANSIDE SCHOOL DISTRICT) 1316-2018 POINT LOOKOUT (THE POINTVIEW ALE HOUSE) 1317-2018 ROOSEVELT (HELPING END VIOLENCE NOW) 1318-2018 SEAFORD (SEAFORD BOOSTER CLUB) 1319-2018 SEAFORD (ST. WILLIAM THE ABBOT) I 320-2018 UNIONDALE (UNIONDALE HIGH SCHOOL) 1321-2018 WEST HEMPSTEAD (WEST HEMPSTEAD UNION FREE SCHOOL DISTRICT) 1322-2018 WOODMERE (ISHEI YISROEL) GIDE 957 Resolution - Authorizing delinquent water rents to be levied against properties 1323-2018 of owners as shown upon such lists - 2019 GIDE 176 Resolution - Approving bond covering Commissioner of Sanitary District 1324-2018 No. 2 - TOWN OF HEMPSTEAD (CARL L. DEHANEY, JR.) GIDE 13441 Resolution - Accepting monetary gifts for support of Senior Citizens' 1325-2018 Programs - DEPT. OF SENIOR ENRICHMENT (VARIOUS GIDE INSTITUTIONS) 8339 Resolution - Authorizing refund for government marker installation - 1326-2018 DIV. OF CEMETERIES (STACEY MCCALLUM) GIDE APPEARANCES: CONCERNS: Mary-Ellen Kreye 26420 Resolution - Accepting the proposal & authorizing execution of a consulting 1327-2018 agreement for professional services related to electrical improvements & GIDE treatment system design at East Meadow Well I I - East Meadow Water District-DEPT. OF WATER (H2M ARCHITECTS+ ENGINEERS) - 172 -  October 3, 2018 CASE NO. 26420 - Continued APPEARANCES: CONCERNS: Meta J. Mereday 6569 Resolution - Authorizing reimbursement of reasonable & necessary expenses 22231 in connection with attendance of two Town employees at the "DS5G" wireless 3003 telecom conference - OFFICE OF THE TOWN ATTORNEY, DEPT. OF 23913 BUILDINGS (Washington D.C. - November 12-13, 2018) 1328-2018 (CHARLES KOVIT; MARK SCHWARZ) GIDE 17437 Resolution - Authorizing acceptance of a proposal for a HP Deskjet T3500 1329-2018 36-in postscript wide format color multifunction printer under HP NYS GIDE Contract #PM20860 & a 60-month lease for the purchase & maintenance of the printer- DEPT. OF GENERAL SERVICES, REPRODUCTION SERVICES DIVISION (GOVERNMENT LEASING, LLC) 29999 Resolution - Authorizing the award of a bid for Brooklyn Avenue 1330-2018 improvements - Phase I retaining wall reconstruction - BALDWIN - DEPT. GIDE OF ENGINEERING (LASER INDUSTRIES, INC.) PW#21-18 APPEARANCES: CONCERNS: Meta J. Mereday 30000 Resolution - Authorizing the award of a bid for road improvement - 1331-2018 Washington Avenue - SEAFORD-DEPT. OF ENGINEERING (LASER GIDE INDUSTRIES, INC.) PW#22-18 30001 Resolution - Authorizing the award of a bid for road improvement in the 1332-2018 Lenox Avenue area, Fenimore Avenue/Maple Avenue - UNIONDALE - GIDE DEPT. OF ENGINEERING (METRO PAYING, LLC) PW#23-l 8 APPEARANCES: IN FAVOR: Mary-Ellen Kreye 29995 Resolution - Authorizing the Supervisor to execute a boundary line agreement 1333-2018 affecting property located at the Reynolds Channel (NR) ISLAND PARK - GIDE (22 HOSEY LANE) TOWN OF HEMPSTEAD (ATHENA D. HOSEY) SUBJECT TO PERMISSIVE REFERENDUM 7 Resolution - Amending Resolution No. 19-2018 Re: Various offices positions & occupations in the Town Government of the Town of Hempstead 28713 1334/1-2018 BIVONE, DAVID (DEPT. OF PUBLIC SAFETY) 29996 1334/2-2018 BRENNAN, ANGELA (DEPT. OF SENIOR ENRICHMENT) 28947 1334/3-2018 DERENZE, EMILY (DEPT. OF GENERAL SERVICES, Animal Shelter & Control Division) 29997 1334/4-2018 FABIAN, ELAINE (DEPT. OF SENIOR ENRICHMENT) - 173 - October 3, 2018 CASE NO. VARIOUS - Continued 29902 1334/5-20 18 FERRARO, ALICE (DEPT. OF GENERAL SERVICES, Animal Shelter & Control Division) 24293 1334/6-20 18 HOEFENKRIEG, KAREN (DEPT. OF BUILDINGS) 28804 1334/7-20 18 HOLLEY, JAMES (DEPT. OF SANITATION) 2904 1 1334/8-20 18 MCMANAMY, BRENDAN (DEPT. OF PARKS & RECREATION) 29027 1334/9-20 18 MENENDEZ, SAMANTHA (OFFICE OF THE RECEIVER OF TAXES) 26677 1334/ 10-2018 RAMOS, YESID (DEPT. OF SANITATION) RESCINDING RESOLUTION NO. 12 10/24-2018 26679 1334/ 1 1-20 18 STEINBACH, THOMAS (DEPT. OF SANITATION) GIDE APPEARANCES: CONCERNS: Felix Procacci; Mary-Ellen Kreye 26494 Resolution - Authorizing payment for election expenses incurred in 1335-2018 connection with the Special Election conducted by the South Lynbrook - GIDE Hewlett Library Funding District - TOWN OF HEMPSTEAD APPEARANCES: CONCERNS: Meta J. Mereday 26987 Resolution - Authorizing payment for election expenses incurred in 1336-20 18 connection with the Special Election conducted by the North Lynbrook GIDE Library Funding District - TOWN OF HEMPSTEAD APPEARANCES: CONCERNS: Meta J. Mereday 26986 Resolution - Authorizing payment for election expenses incurred in 1337-20 18 connection with the Special Election conducted by the North Malverne GIDE Library Funding District - TOWN OF HEMPSTEAD APPEARANCES: CONCERNS: Meta J. Mereday 969 Resolution - Adopting the Tentative Budget as the Preliminary Budget & 1338-20 18 Calling Public Hearings thereon OCTOBER 16. 20 18 at 2:30 P.M. & 7:00 Adjourned to P.M. - TOWN OF HEMPSTEAD- for the fiscal year beginning January I, October 23, 2018 2019 KS/DE APPEARANCES: CONCERNS: Felix Procacci; Meta J. Mereday; Mary-Ellen Kreye COUNCILWOMAN KING SWEENEY & COUNCILMAN D'ESPOSITO AMENDED TO ADD A SPECIAL TOWN BOARD MEETING OCTOBER 15, 2018 AT 10:30 A.M. AND AMENDED DATE OF PUBLIC HEARINGS ADJOURNED TO OCTOBER 23 2018 SUPERVISOR GILLEN AND COUNCILWOMAN GOOSBY VOTED NO - 174 -  October 3, 2018 969 Resolution Calling Public Hearings OCTOBER 16, 20 18 at 2:30 P.M. & 7:00 1339-2018 P.M. - Proposed Assessment Roll - GREATER ATLANTIC BEACH Adjourned to WATER RECLAMATION DISTRICT - for tbe fiscal year beginning January October 23, 20 18 1, 20 19 KS/DE COUNCILWOMAN KING SWEENEY & COUNCILMAN D'ESPOSlTO AMENDED DATE OF PUBLIC HEARINGS ADJOURNED TO OCTOBER 23, 20 18 SUPERVISOR GILLEN & COUNCILWOMAN GOOSBY VOTED NO 29976 Resolution Calling for a Public Hearing on NOVEMBER 13, 20 18 1340-20 18 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit GIDE parking in BALDWIN, BELLMORE, LEVITTOWN (To amend Chapter 202 oftbe Code oftbe Town ofHempstead) 29993 Resolution Calling for a Public Hearing on NOVEMBER 13, 20 18 134 1-20 18 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in GIDE BALDWIN, LEVITTOWN, WOODMERE (To amend Section 202-1 of the Code oftbe Town ofHempstead) 29994 Resolution Calling for a Public Hearing on NOVEMBER 13, 20 18 1342-20 18 Proposed Local Law Re: "ARTERIAL STOPS" in LEVITTOWN, GIDE WANTAGH (To amend Section 197-5 oftbe Code oftbe Town of Hempstead) 18920 Resolution Calling for a Public Hearing on NOVEMBER 13, 2018 1343-20 18 Proposed Local Law Re: "TAXI-CAB STANDS" in BELLMORE (To amend GIDE Section 202-52 oftbe Code oftbe Town ofHempstead) 162 14 Resolution Calling for a Public Hearing on NOVEMBER 13, 20 18 1344-20 18 Proposed Public Parking Field Maps in FRANKLIN SQUARE (Field FS-3) GIDE 17432 Resolution Calling for a Public Hearing on NOVEMBER 13, 2018 1345-20 18 Proposed Local Law Re: "DEPARTMENT OF PURCHASING" in order to GIDE provide additional guidance relative to tbe local contracting preference for eligible service-disabled veteran-owned small businesses (To amend Chapter 62 ofthe Code ofthe Town ofHempstead) 14822 Resolution - Authorizing the renewal oftbe contract for relining & repairs to 1346-20 18 storm water drainage systems at various locations within tbe unincorporated GIDE areas ofthe Town ofHempstead- DEPT. OF ENGINEERING (EARTH REPAIR, LLC) PW #2-17 APPEARANCES: CONCERNS: Meta J. Mereday; Mary-Ellen Kreye COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING 26493 Resolution - Authorizing tbe award of formal bid for construction to expand 1347-20 18 the existing Town ofHempstead shellfish facility - DEPT. OF GIDE CONSERVATION & WATERWAYS (R. KESSLER & ASSOCIATES, INC.) FORMAL BID NO. 15-18 APPEARANCES: - 175 - October 3, 2018 CASE NO. 26493 - Continued CONCERNS: Meta J. Mereday COUNCILMAN BLAKEMAN ABSTAINED FROM VOTING 25252 Resolution - Extending temporary suspension of enforcement of Section 144- 1348-2018 3.G of the Code of the Town of Hempstead, in relation to "REGULATION GIDE OF PERMISSIBLE HOURS FOR THE CONDUCT OF STRUCTURAL WORK ON BUILDINGS" - DEPT. OF BUILDINGS APPEARANCES: CONCERNS: Meta J. Mereday 25252 Resolution - Extending temporary period for waiver of all Building 1349-2018 Department & Board of Appeals fees in connection with applications to repair GIDE or replace dwellings damaged or destroyed by the effects of Hurricane Sandy & expanding upon relief afforded to Hurricane Sandy victims - DEPT. OF BUILDINGS; BOARD OF APPEALS APPEARANCES: CONCERNS: Meta J. Mereday 25252 Resolution - Extending temporary waiver of Town Clerk fees for passports & 1350-2018 copies of birth certificates, death certificates & marriage licenses for persons GIDE whose residences were damaged by the effects of Hurricane Sandy - OFFICE OF THE TOWN CLERK APPEARANCES: CONCERNS: Meta J. Mereday; Mary-Ellen Kreye 4796 Resolution - Authorizing the transfer of funds from the General Fund­ 1351-2018 Appropriated Fund Balance Account to the General Fund-DGS Animal GIDE Shelter & Control Division Food & Supplies, Janitorial Supplies, Medical Supplies and Fees & Services Accounts - DEPT. OF GENERAL SERVICES, Animal Shelter & Control Division APPEARANCES: CONCERNS: Meta J. Mereday 24970 Resolution - Modifying Resolution No. 958-2018 which authorized the Town 1352-2018 of Hempstead to retain Cameron Engineering Associates, LLP for transit GIDE oriented development (TOD) zoning analysis & study in INWOOD & LAWRENCE - TOWN OF HEMPSTEAD (DEPT. OF ENGINEERING) APPEARANCES: CONCERNS: Meta J. Mereday SUPERVISOR GILLEN VOTED NO - 176 -  October 3, 2018 620 Resolution - Accepting a Declaration of Restrictive Covenants in connection I 353-2018 with application of CUMBERLAND FARMS, INC. for a variance from DE/G provisions of"GSS" Ordinance in order to permit the construction of a new convenience store along with a canopy & dispensing islands & tanks, site improvements to parking, signage, generator, dumpster enclosure & landscaping at an existing gasoline service station located at 2962 Long Beach Rd. - OCEANSIDE - s/w corner Long Beach Rd. & Atlantic Ave. SUPERVISOR GILLEN RECUSED HERSELF FROM VOTING No further business to come before the Board, it was on motion of Councilwoman Goosby, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the Meeting be ADJOURNED. * * * * * * * * * * * * �..• SYLVIA C. Co.1c:vv-= A. CABANA TOWN CLERK th - 177 -