Town Board Agenda

STATED TOWN BOARD MEETING .APRIL 16, 2019 The Town Board of the Town of Hempstead, New York, met at the Town Meeting Pavilion, Hempstead Town Hall, 1 Washington Street, Hempstead, New York, on Tuesday, April 16, 2019 at 10:30 A.M. . .· Roll was called: PRESENT: LAURA A. GILLEN, Supervisor 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 DOLORES SEDACCA, Deputy Town Clerk JOSEPH J. RA, Town Attorney KEVIN CONROY, Town Comptroller DONALD X. CLAVIN, JR., Receiver of Taxes Supervisor Gillen asked Councilwoman Goosby to lead the assemblage in the Pledge of Allegiance to our flag. Supervisor Gillen asked everyone to remain standing for a moment of silence for honorary Chief of Bellmore-Merrick EMS and first responder, Thomas DeFrancisci, who died of complications and 1� illness related to September 11 th injuries._ Councilman Dunne also asked for a moment of silence to remember the three Marines· from the Marine Corps barracks on Stewart Avenue, another being from Locust Valley, County of Nassau, a total of eleven Marines who were killed in Afghanistan last week, as well as two Marines who were killed in a crash in Utah this weekend. Thomas A. Muscarella was appointed Councilman of the Second Councilmatic District of the Town of Hempstead. * * * * * * * * * * * * PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 30090 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 400-2019 parking in BALDWIN, HEWLETT, OCEANSIDE, WEST HEMPSTEAD KS/DE (To amend Chapter 202 of the Code of the Town of Hempstead) APPEARANCES: No one 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 Local Law No. 25-2019 ADOPTED, pursuant to Resolution No. 400-2019 -60.-·.  April 16, 2019 30091 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 401-2019 (NR) BELLEROSE TERRACE, HEWLETT, INWOOD� LEVITTOWN, D/DE OCEANSIDE, WEST HEMPSTEAD (To am�nd Section 202-1 of the Code of the Town of Hempstead) APPEARANCES: No one wishing to be heard on subject matter, it was On motion of Councilman Dunne, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 7 26-2019 ADOPTED, pursuant to Resolution No. 401-2019 * * * * * * * * * * * * ___ ..;, 30092 Proposed Local Law Re: "ARTERIAL STOPS" in EAST MEADOW, 402-2019 FRANKLIN SQUARE, WEST HEMPSTEAD (To amend Section 197-5 of the Code of the Town of Hempstead) ,ii D/B APPEARANCES: No one wishing to be heard on subject matter; 1.t was· On motion of Councilman Dunne, seconded by Councilman Blakeman, and unanimously voted upon roll call that the public hearing be closed, and Local· Law No. 27-2019 ADOPTED, pursuant to Resolution No. 402-2019 * * * ** * * * * * * * 30093 Proposed Lo�al Law Re: "U-TURNS PROHIBITED" in WANTAGH (To 403-2019 amend Section 197-2 of the Code of the Town of Hempstead) KS/D APPEARANCES: No one wishi.J;i.g 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 .. 28-20l9 ADOPTED, pursuant to Resolution No. 403-2019 * * * *·* * *'* * * * * 29745 Proposed· Local· Law to be entitled "CODE OF ETHICS" (To repeal Chapter 404-2019 38 of the Code of the Town of Hempstead and other Town Board resolutions D/DE relating to ethics and enact a new Chapter 38 of the Code of the Town of Hempstead) .• . APPEARANCES: CONCERNS_: Felix Procacci; Valerie Lampe; Meta J. Mereday; Pearl Jacobs ____ J Q:iahe· Madden N� on� ¢l�e wishing.tci be heard on �ubje�t matt�r,' itwas.' '. - -: •: •• • . - ' • • • • • • �. .I: On motion of Council�an Dunn�, sec�nded by Councilman D'Esposito, �d unanimously voted upon roll call that the p11sblic hearing be closed, and Local Law No� 29-2019 ADOPTED, pursuant to Resolution No. 404-2019 - 61 -  April 16, 2019 21 527 Proposed ''HANDICAPPED PARKING ON PUBLIC STREETS" in 405-20 19 BALDWIN, BELLMORE, ELMONT, HEWLETT, UNIONDALE (Baldwin KS/G Avenue, Leslie Lane, Ludlam Avenue, Quay Avenue, Clarendon Road) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilwoman King Sweeney, seconded by Councilwoman Goosby, and unanimously voted upon roll call that the public hearing be I ,­ i closed, and "Handicapped Parking ort Public Streets" ADOPTED * * * * * * * * * * * * 16214 Proposed Revised Public Parking Field Maps in OCEANSIDE (Fields 0-1 406-2019 and 0-5) . DE/B APPEARANCES: NONE No one wishing to be heard on supject 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 "Proposed Revised Public Parking Field Maps" ADOPTED * * * * * * * * * * * * 24455 GRANTED Application of SHADY POINT, LLC for a Special Exception GRANTED (Public Garage) to permit operation of an automobile repair shop ­ 407-2019 FRANKLIN SQUARE :-- ·south side of Hempstead Turnpike, 295. 12' west of BIDE Claflin Boulevard APPEARANCES : FOR APPLICANT: Howard Avrutine, Attorney; Sean Mulryan, Engineer IN FAVOR: John McCarthy of the MTA 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 GRANTED, pursuant to Resolution No. 407-20 19. * * * * * * * * * * * * 7342 Appllcation of JAV GASOLINE ENTERPRISES; INC. to convert an existing DEC.RES. automobile repair building to construct a canopy over existing pump islands as DE/G well as maintain existing Id sign & operate self-service station - (NR) ISLAND PARK - northwest comer of Austin Boulevard· & Kingston Boulevard APPEARANCES: FOR THE APPLICANT:. Kevin O' Brien; Marc Pilotta, Engineer .. No one else wishing to be heard on subject matter, it was' '. . . . . ' ' · - 62 �  April 16, 2�19 ·cASE NO. 7342 - PUBLIC HEARING - Continued On motion of Councilman D'Esposito, ·seconded by Councilwoman Goosby and unanimously yoted'upon roll call that the public hearing be closed, and DECISION RESERVED * * * ** * * * * * * * ADMINISTRATNE CALENDAR l ' . j 6542 Res_olutions (11) �' Rati.fying and co.nfinning an emergency posed by the threat of imminent danger and .-authorizing special . assessment in regard to open, abandoned one.family· dwellings, unsafe vacant lot. and religious use .building - DEPT. OF BUILDINGS (MGP LANDSCAPE CONSTRUCTION, LLC d/b/a M3 DEVELOPMENT GROUP) 408-2019 BALDWIN ( 1034 Atlantic Avenue) 409-2019 BALDWIN (805 Church Street) 410-2019 BALDWIN (33 14 Colony Drive) 4 1 1 -2019 BALDWIN (3 103 Eastern Parkway) 4 12-2019 _ BELLMORE (2650 Wilson Avenue)_ 413-2019 . ELMONT (544 Cameron Street) 414-2019 _ OCEANS.IDE (3247 .Brower Ave1.1ue) 415-2019 ROOSEVELT (42- Hemy Street) 416-2019 ROOSEVELT (1.5 1 Hudson Avenue) 4 17-2019 ROOSEVELT (62 Lincoln Avenue) 41 8-2019 UNIONDALE (217 Valcour Avenue) GIDE 6542 Resolutions (5) - Authorizing Special Assessment" for professional senrices . rendered in regard to unsafe one family dwellings and five family dwelling . ­ DEPT. OF BUILDINGS (ENVffi.ONMENTAL MANAGEMENT . SERVICES, . INC.) 419-2019 BALDWIN (310fEastem Parkway) 420-2019 EA$T E,OCKAWAY (7 Martin Street East) -421 -20 1 9 ELMONT (544 Cameron Street) 422-2019 INWOOD (345 Gran_d Central Place) 423-2019 OCEANSIDE (3247 Brower Avenue) GIDE 25843 Resolutions (2) - Granting the applications for parade permits - . 424-2019 EAST MEADOW (EAST MEADOW BASEBALL SOFTBALL ASSOCIATION) 425-2019 FRANKLIN SQUARE (GARDEN CITY SOUTH LITTLE LEAGUE) GIDE 13 106 Resolution - AQthorizing a decrease·in Part . Town Fund Appropriated Fund 426-2019 Balance Account -and an increase in the Fees and Services Account in - Plamring and Economic Development Operating Fund in the 2019 Budget - · GIDE DEPT. OF PLANNING & ECONOMIC DEVELOPMENT 13584 - Resolution·- Authoriz:ing a contract for a grant for services to youth in the 427-2019 unincorporated area of ELMONT - DEPT. OF PLANNING & ECONOMIC GIDE DEVELOPMENT (GATEWAY YOUTH OUTREACH, INC.) APPEARANCES: - 63 -  April 1 6, 20 1 9 CASE NO. 1 35 84 - Continued CONCERNS: Meta J. Mereday 1 344 1 Resolution - Authorizing the sponsorship of softball teams in the Long Island 428-20 1 9 Senior Softball Association and New York Senior Softball Association for the GIDE year 20 1 9 - DEPT. OF SENIOR ENRICHMENT 1 1 47 Resolution - Authorizing a decrease in Part Town Fund Appropriated Fund 429-201 9 Balance Account and an increase in Part Town Fund Undistributed fees and GIDE Services Account - TOWN OF HEMPSTEAD 24970 Resolution - Authorizing an amendment to the Town of Hempstead' s 430-20 1 9 agreement for SEQRA, planning and engineering services for transit oriented GIDE development (TOD) in Inwood and Lawrence - TOWN OF HEMPSTEAD - DEPT. OF PLANNING & ENGINEERING (CAMERON ENGINEERING ASSOCIATES, LLP) 301 1 5 Resolution - Declaring the intent to be Lead Agency in connection with the 43 1 -201 9 proposed creation of new zoning districts and overlay districts set forth as a GIDE new.Article XLIII of the Building Zone Ordinance of the Town of Hempstead, including the establishment of a Transit Oriented Development (TOD) District proximate to the Inwood and Lawrence LIRR train stations, the establishment of a Neighborhood Business (NB) Overlay District along the Lawrence Avenue corridor in North Lawrence and along the Doughty Boulevard corridor in Inwood and the establishment of a Residential Townhouse/Row house (TR) Overlay District within North Lawrence and Inwood - TOWN OF HEMPSTEAD APPEARANCES: CONCERNS: Michael Turi; Meta J. Mereday 1 367 1 Resolution - Authorizing the acceptance of a proposal to provide a software 432-20 1 9 support and maintenance contract for the Department of Public Safety' s GIDE Report Management System - DEPT. OF PUBLIC SAFETY (TIBURON, INC.) APPEARANCES : CONCERNS : Meta J. Mereday 29734 Resolution - Authorizing the award of a purchase contract for the Adjourned implementation of a Smart Mobility Program - TOWN OF HEMPSTEAD without a Date (GREENSPOT JC LLC) Contract #05-20 1 9 GIDE ,---. APPEARANCES: ! CONCERNS : Meta J. Mereday 1 1 776 Resolution - Authorizing the award of a contract for yearly requirements for 433-201 9 leasing of new digital copiers - TOWN OF HEMPSTEAD (LESLIE GIDE DIGITAL IMAGING, LLC) Contract #26-201 9 APPEARANCES: CONCERNS: Meta J. Mereday - 64 - April 16, 201 9 7433 Resolution - Authorizing tl:i.e Supervisor to execute the Health Care Reform 434-20 1 9 Act-Public Goods Pool Payor Election Application and the Electronic Filing GIDE User ID Application - TOWN OF HEMPSTEAD (OFFICE OF POOL ADMINISTRATION) 30 1 12 Resolution - Appointing Thomas E. Muscarella Councilperson of the Second 435-20 1 9 Councilmatic District of the Town of Hempstead - TOWN OF HEMPSTEAD GIDE APPEARANCES : IN FAVOR: Valerie Lampe AGAINST: Aubrey Philips; Tammie S. Williams; Thomas Tweedy; Michael Turi; Mary-Ellen Kreye SUPERVISOR GILLEN VOTED NO 30 1 1 3 Resolution - Adopting a S.E.Q�R. negative declaration & determination of 436-20 1 9 non-significance in connection with an application for site plan approval for a GIDE parcel of land located at 3 645 Hampton Road - OCEANSIDE - TOWN OF HEMPSTEAD (OCEANSIDE MARINE TERMINALS, LLC) 30055 Resolution - Adopting a S.E.Q.R. negative declaration & determination of 437-20 1 9 non-significance in connection with an application for a "Special Exception" GIDE for a parcel of land - slwlc of Corporate Drive and Merrick Avenue - (NR) WESTBURY- TOWN OF HEMPSTEAD (ALFALFA CARCO, LLC) 301 1 4 Resolution - Declaring the Town Board Lead Agency for S.E.Q.R. purposes 438-20 1 9 and adopting a determination of significance - positive declaration in GIDE accordance with the NYS Environmental Quality Review Act (SEQRA) for proposed amendments to the Town of Hempstead Zoning Ordinance creating the Baldwin Mixed-Use Overlay District - BALDWIN - TOWN ·oF HEMPSTEAD APPEARANCES: CONCERNS: Meta J. Mereday 30004 Resolution - Approving Site Plans in connection with Building Application 439-201 9 #201 401483 to convert an existing church seminary for nursing home, assisted GIDE living and senior residence uses with associated site improvements - UNIONDALE - south side of Front Street, 1 09.50' east of Maple Grove Avenue (PETER LAMBROS, V.P. on behalf of ST. MICHAELS HOME, INC.) APPEARANCES: IN FAVOR: Mary-Ellen Kreye 30026 Resolution - Authorizing the execution of a deed and related documents for 7 440•20 1 9 the sale of a certain. 32,698 square foot parcel of vacant real property located l .J GIDE at Reynolds Channel within the City of Long Beach - TOWN OF HEMPSTEAD (CITY OF LONG BEACH) APPEARANCES: CONCERNS: Meta J. Mereday - 65 ·  April 16, 2019 10889 Resolutions (3) - Authorizing settlement of claims for property damage & personal injuries sustained - TOWN OF HEMPSTEAD 441 -2019 SPARTAN RECOVERIES, LLC on behalf of NARRAGANSETI INSURANCE COMPANY a/s/o JAMES. GIOV ANNIELLO 442-2019 DAYSI AGUILAR-DIAZ 443-2019 JOSEPH GALEAS 10889 Bond Resolution - Authorizing the payment of a settled claim by the Town in 444-2019 the following matter: Joseph Galeas v. Town of Hempstead, et al. & ! GIDE authorizing the issuance of Bonds of the Town in the principal amount not to exceed $800,000.00to finance said appropriation - TOWN OF HEMPSTEAD (JOSEPH GALEAS) 27868 Resolution - Authorizing the Director of Human Resources to execute an 445-2019 agreement with Labor Education and Community Services Agency, Inc. - GIDE TOWN OF HEMPSTEAD (DEPT. OF HUMAN RESOURCES) 7 Resolution - Amending Resolution No. 36-20 t9 Re: Various offices positions & occupations in the Town Government of the Town of Hempstead 26726 446/1-2019 AHMAD, NASRIN (DEPT. OF PARKS & RECREATION) SUPERVISOR GILLEN VOTED NO 301 17 446/2-2019 BEHRENS, ASHLEY (DEPT. OF GENERAL SERVICES, Animal Shelter & Control) 28978 446/3-2019 BEHRENS, JODIE (DEPT. OF BUILDINGS) 28709 446/4-2019 BENTIVEGNA. TERESA (OFFICE OF _THE TOWN CLERK) 29799 446/5-2019 COLAROSSI, GREGORY (DEPT, OF GENERAL SERVICES, Administration) 28590 446/6-2019 COOK, CARY (DEPT. OF SANITATIO�) 275 13 446/7-2019 DONAHUE, CHRISTOPHER (DEPT. OF WATER) 26695 446/8-2019 DOREMUS, BRET (DEPT. OF SANITATION) 27470 446/9-20 19 FURIA, JEROME (DEPT. OF PARKS & RECREATION) SUPERVISOR GILLEN VOTED NO 30118 446/ 10-20 19 LIPINSKY, ASHLEY (OFFICE OF THE CIVIL SERVICE COMMISSION) 29586 446/1 1-2019 MADDEN, BRYAN (DEPT. OF PARKS & RECREATION) SUPERVISOR GILLEN VOTED NO 24104 446/12-2019 MARIN, JAMES'(DEPT. OF PARKS & RECREATION) . · . SUPERVISOR GILLEN VOTED NO . 28708 446/13-2019 MCMILLAN DAVIS, CELESTE (DEPT. OF SANITATION) 29700 446/14-2019 MEEQAN, KYLE (DEPT. OF PARKS & RECREATION) SUPERVISOR GILLEN VOTED NO 28921 446/15-2019 PANJOJ, JACQUELINE (DEPT. OF-G. ENERAL SERVICES, Animal Shelter & Control Division) . . 29170 446/16-2019 PATINO, JOSEPH (OFFICE OF THE RECEIVER OF TAXES) 29355 . 446/17-20 1 9 PUGLIESE 1 DEBRA (DEPT. OF SENIOR ENRICHMENT) SUPERVISOR GILLEN VOTED NO - 66 -  April 16, 2019 CASE NO. VARIOUS - Continued 28842 446/18-2019 SCHRAM, KERSTIN (OFFICE OF T� TOWN COMPTROLLER) 29160 446/19-20 19 SKALOCKY, ANTOINETTE (DEPT. OF SENIOR ENRICHMENT) 287007 446/20-2019 SPITZ, GARY (DEPT. OF PARKS & RECREATION) - SUPERVISOR GILLEN VOTED NO 28046 446/21-2019 __ STALLONE, CRAIG (DEPT. OF PARKS & RECREATION) SUPERVISOR GILLEN VOTED NO - APPEARANCES : l IN FAVOR: Barbara Thomas; Diane Madden CONCERNS : Lucille DeFina 30109 Resolution Calling for a Public Hearing on MAY 7. 2019 447-2019 Proposed Local Law Re: ''REGULATIONS AND RESTRICTIONS" GIDE to limit parking iIJ BELLMORE (To amend Chapter 202 of the Code of the Town of Hempstead) 30 t'10 Resolution Calling for a Public Hearing- on MAY 7. 2019 448-2019 Proposed Local Law:Re: "PARKING OR STANDING PROHIBITIONS" in GIDE BELLMORE, ELMONT, LEVITTOWN, SEAFORD (To amend Section 202- 1 .of the Code- ofthe Town of Hempstead) 301 1 1 Resolution Calling for a Public Hearing on MAY7, 2019 7 449-2019 Proposed Local Law Re: ''ARTERIAL STOPS" in LEVITTOWN, GIDE NORTH BELLMORE, WANTAGH (To amend Section 197-5 of the Code of the . Town of Hempstead) 21527 Resolution Calling for a Public Hearing on MAY 7. 2019 450-2019 Propose_d "HANDiCAPPED PARKING ON PUBLIC STREETS" GIDE in EAST ATLANTIC BEACH, ELMONT, FRANKLIN SQUARE, LEVri:TOWN, (NR) VALLEY STREAM, WANTAGH (Bay Street, Travis Avenue, Hoffman Avenue, Hillsboro·Avenue,Theodora Street, Andrew .Lane, Fenwood Drive, Riverside Drive) 29920- llesolution caliing for a Public Hearing on MAY 7, 2019 45 1-2019 To consider th� ad9ptioil - of the Town of Hempstead' s 2019 Capital Plan and · GIDE the 2019 to 2023 Mult1-Year CapitaUmprovement Plan - TOWN OF HEMPSTEAD · - - - 301 15 Resolution Calling for.� PubJic Flearirig 011 MAY 7. 2019 452-2019 Proposed creation of � new Chapter XLillof the Building Zone Ordinance of GIDE the Town of Hempstead, to be entitled "TRANSIT ORIENTED DEVELOPMENT AND RELATED DISTRICTS FOR NORTH LAWRENCE AND INWOOD" - TOWN OF HEMPSTEAD J 30055 Resolution Calling for a Public Hearing ori MAY 7. 2019 453-2019 Application of ALFALFA CARCO, LLC for a special exception (Public GIDE Garage)to renovate the exis�ing one-story, 7,923 ' building and add 1 ,837' addition as ·a s·ervice drive entrance and exit to serve as an automotive service and repair facility, with- related offices, premises. located at 795 Merrick Avenue - (NR) WESTBURY - southwest comer of Merrick Avenue and Corpor�te ._Drive · - 67 -  April 1 6, 20 1 9 29898 Resolution Calling fo r a Public Hearing on MAY 7, 20 1 9 454-20 1 9 Application of K&R 630 WOODFIELD, LLC fo r a Special Exception (Public GIDE Garage) to construct a one-story masonry addition to the existing building which will serve as additional garage space for vehicle repairs and maintenance operations located in WEST HEMPSTEAD - on .the n/w intersection of Woodfield Rd. & Charles St., 233 . 7 1 ' slof Oakfoard St. 8 1 87 Resolution Calling for a Public Hearing on MAY 2 1 , 20 1 9 455-20 1 9 Application of BOLLA EM, REALTY, LLC to include an existing gasoline GIDE service station within the "GSS" District and install two (2) storage tanks, each with a capacity of 1 2,000 gallons located in FRANKLIN SQUARE - on the slwlc of Hempstead Tpke. & Scherer Blvd. 29945 Resolution Calling for a Public Hearing on MAY 2 1 , 20 1 9 456-20 1 9 Application o f BOLLA EM REALTY, LLC to permit a change of zone for a GIDE portion of the property. The overall property is currently split zoned as Residence C ("R-C") and (GSS) in an underlying Business ("BUS X") zone to renovate and redevelop the overall property located in FRANKLIN SQUARE - on the slwlc of Hempstead Tpke. & Scherer Blvd. 30 1 1 6 Resolution Calling for a Public Hearing on MAY 2 1 , 20 1 9 457-201 9 Application of ISAIHAH AND EULAH MOUL IRIE for rezoning from GIDE Residence "B" and Business District to the Urban Residence "C" District located in INWOOD - on the n/wlc of Bayview Avenue & Russell Banks Place 20775 Resolution - Authorizing an inter-municipal agreement for the purchase of a --- 458-20 1 9 GIDE used 2006 Chevrolet Trailblazer - DEPT. OF CONSERVATION & WATERWAYS (NORTH MERRICK FIRE DISTRICT) 24455 Resolution - Accepting a Declaration of Restrictive Covenants in connection 459-20 1 9 with application of SHADY POINT, LLC for a Special Exception (Public GIDE Garage) to permit operation of an automobile shop - FRANKLIN SQUARE - south side of Hempstead Turnpike, 295 . 1 2' west of Claflin Boulevard No further business to come before the Board, it was on motion of Councilman Blakeman, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the Meeting be ADJOURNED. * * * * * * * * * * * * TOWN CLERK ,- th - 68 -