Town Board Agenda

STATED TOWN BOARD MEETING MAY 21, 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, May 21, 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 THOMAS A. MUSCARELLA, Councilman Members of the Town Board ABSENT: ERIN KING SWEENEY, Councilwoman ALSO PRESENT: SYLVIA A. CABANA, Town Clerk DOLORES SEDACCA, Deputy Town Clerk JOSEPH J. RA, Town Attorney Supervisor Gillen and the Town Board honored Village of Freeport Mayor Robert Kennedy with a citation commending him for becoming the President of the "New York State Conference of Mayors" and being a tireless advocate for our Town and the Village of Freeport. He has overseen a precipitous decline in crime, thanks to his innovative "Operation Safe Streets" initiative which has created a "Ring of Steel" around the Village of Freeport. The Mayor has also been actively fighting for greater flood and storm protection around all of Nassau County by advocating for sea gates both at Jones Inlet & East Rockaway Inlet and since taking office he has corrected six consecutive budgets without a tax increase. Supervisor Gillen asked Councilman Dunne to lead the assemblage in the Pledge of Allegiance to our flag. * * * * * * * * * * * * PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 30120 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 526-2019 parking in (NR)ATLANTIC BEACH, BELLMORE, EAST ATLANTIC BID BEACH, EAST MEADOW, HEWLETT (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 Councilman Blakeman, seconded by Councilman Dunne, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 33-2019 ADOPTED, pursuant to Resolution No. 526-2019 * * * * * * * * * * * * - 79-  May 21, 2019 30121 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 527-2019 BELLMORE, FRANKLIN SQUARE, LEVITTOWN, OCEANSIDE, DIG UNIONDALE (To amend 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 Councilwoman Goosby, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 34-2019 ADOPTED, pursuant to Resolution No. 527-2019 ************ 30122 Proposed Local Law Re: "ARTERIAL STOPS" in MERRICK (To amend 528-2019 Section 197-5 of the Code of the Town of Hempstead) B/M APPEARANCES: No one wishing to be heard on subject matter, it was On motion of Councilman Blakeman, seconded by Councilman Dunne, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 35-2019 ADOPTED, pursuant to Resolution No. 528-2019 * * * *** * * * * * * 30123 Proposed Local Law Re: "TRAFFIC REGULATIONS IN THE VICINITY 529-2019 OF SCHOOLS" in EAST MEADOW, FRANKLIN SQUARE (To amend D/B Section 197-13 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 Blakeman, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 36-2019 ADOPTED, pursuant to Resolution No. 529-2017 * * * * * * * * * * * * 11708 Proposed first amendment to lease agreement to that certain lease agreement 530-2019 dated June 17, 2003 to maintain the existing mobile communications antennae BIDE on the Lido-Point Lookout elevated water storage tank and a 12 foot by 21 foot parcel on the accompany property and authorizing the modification of the -,, antennae in the Lido-Point Lookout Water District - POINT LOOKOUT - Lido Boulevard-DEPT. OF WATER (SPRINT SPECTRUM REALTY COMPANY, LLC) APPEARANCES: NONE No one wishing to be heard on subject matter, it was - 80-  May 21, 2019 CASE NO. 11708 - Continued On motion of Councilman Blakeman, seconded by Councilman D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and "Proposed first amendment to lease agreement to that certain lease agreement dated June 17, 2003 to maintain the existing mobile communications antennae on the Lido-Point Lookout elevated water storage tank and a 12 foot by 21 foot parcel on the accompany property and authorizing the modification of the antennae in the Lido-Point Lookout Water District" ADOPTED ************ 8187 Application of BOLLA EM, REALTY, LLC to include an existing gasoline DEC.RES. service station within the "GSS" District and install two (2) storage tanks, B/G each with a capacity of 12,000 gallons located in FRANKLIN SQUARE- on the s/w/c of Hempstead Tpke. & Scherer Blvd. APPEARANCES: FOR APPLICANT: David N. Altman, Esq.; Chris Tartaglia, Engineer, Highpoint Engineering; Andrew Villari, Traffic Engineer; John Breslin, Real Estate Expert; Harry Singh, President of Bolla Oil Corp. CONCERNS: Eugene Zayas; John Celentano; Dennis Valet, Esq.; Michael Turi; Anthony R. Gallo, Jr. AGAINST: S. Vagnini; Bryan Rivera; Joseph Boswell; Michael Holeknecht 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 DECISION RESERVED * * * * * * * * * * * * 29945 Application of BOLLA EM REALTY, LLC to permit a change of zone for a DEC.RES. portion of the prop~rty, the overall property is currently split zoned as B/G 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 s/w/c of Hempstead Tpke. & Scherer Blvd. APPEARANCES: FOR APPLICANT: David N. Altman, Esq.; Chris Tartaglia, Engineer, Highpoint Engineering; Andrew Villari, Traffic Engineer; John Breslin, Real Estate Expert; Harry Singh, President of Bolla Oil Corp. CONCERNS: Eugene Zayas; John Celentano; Dennis Valet, Esq.; Michael Turi; Anthony R. Gallo, Jr. AGAINST: S. Vagnini; Bryan Rivera; Joseph Boswell; Michael Holeknecht 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 DECISION RESERVED - 81 -  May 21, 2019 30116 GRANTED: Application of ISAIHAH AND EULAH MOULTRIE for GRANTED rezoning from Residence "B" and Business District to the Urban Residence 531-2019 "C" District located in INWOOD - on the.n/w c of Bayview Avenue & BIG Russell Banks Place APPEARANCES: FOR APPLICANT: Christian Browne, Esq.; Isaihah Moultrie CONCERNS: · Gail Davis IN FAVOR: Rev. & Mrs. Isaihah Moultrie; Meta J. Mereday 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 Application of ISAIHAH AND EULAH MOULTRIE for rezoning from Residence "B" and Business District to the Urban Residence "C" District GRANTED, pursuant to Resolution No. 531-2019. SUPERVISOR GILLEN ABSTAINED FROM VOTING * * * * * * * * * * * * ADMINISTRATIVE CALENDAR 25843 Resolutions (20) - Granting, ratifying & confirming the applications for parade permits - 532-2019 (NR) BELLEROSE (BELLEROSE FIRE DEPARTMENT) 533-2019 EAST MEADOW (AMERICAN LEGION POST 1082) 534-2019 ELMONT (ELMONTIBELMONT STAKES PARADE/GYO) 535-2019 ELMONT (ST. ANTHONY DI PADOVA BENEV. ASSOCIATION) 536-2019 FRANKLIN SQUARE (VFW POST 2718) 537-2019 HEWLETT (HEWLETT-WOODMERE BUSINESS ASSOCIATION, INC.) 538-2019 LEVITTOWN (LEVITTOWN/ISLAND TREES VETERANS COUNCIL) 539-2019 MERRICK (CURE OF ARS CHURCH) 540-2019 NORTH BELLMORE (VFW POST lf2770) 541-2019 NORTH WOODMERE (FRIENDS OF ISRAEL DISABLED VETERANS) 542-2019 OCEANSIDE (ST. ANTHONY'S ROMAN CATHOLIC CHURCH) 543-2019 POINT LOOKOUT (TOWN OF HEMPSTEAD, DEPARTMENT OF PARKS & RECREATION) 544-2019 ROOSEVELT (AMERICAN LEGION POST #1957) 545-2019 SEAFORD (SEAFORD AMERICAN LEGION-POST 1132) 546-2019 SOUTH HEMPSTEAD (SOUTH HEMPSTEAD FIRE DEPARTMENT) 547-2019 SOUTH VALLEY STREAM (VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT [SOUTHHIGH SCHOOL])· 548-2019 UNIONDALE (UNIONDAI,.,E FIRE DEPARTMENT) · 549-2019 WANTAGH(WANTAGHAMERICANLEGIONPOST 1273) 550-2019 WEST HEMPSTEAD (WEST HEMPSTEAD COMMUNITY SUPPORT) 551-2019 WEST HEMPSTEAD (LAKEVIEW FIRE DEPARTMENT) GIB 20915 Resolutions (5) - Granting, ratifying & confirming permission for the use of Town of Hempstead Parking Fields - 552-2019 BALDWIN [BA-12] (CEDARMORE CORPORATION) 553-2019 OCEANSIDE [0-3] (OCEANSIDE SANITARY DISTRICT #7) 554-2019 SEAFORD [S-3 & S-9] (LONG ISLAND GROWERS MARKET) 555-2019 UNIONDALE [U-1] (UNIONDALEPUBLICLIBRARY) 556°2019 WANTAGH [WA-3] (WANTAGH CHAMBER OF COMMERCE) GIB - 82 -  May 21, 2019 CASE NO. 20915 - Continued APPEARANCES: IN FAVOR: Mary-Ellen Kreye 693 Resolution - Accepting member into company rolls - FRIENDSHIP ENGINE 557-2019 AND HOSE CO., INC. - MERRICK (GREGORY MAGNO) GIB 461 Resolution - Accepting member into company rolls - MERRICK HOOK & 558-2019 LADDER COMPANY NO. 1, INC. (RICARDO ROSA) GIB 18911 Resolution - Authorizing the Commissioner of the Department of Engineering 559-2019 to sign the 2018-2019 MS-4 Annual Stormwater Report and deliver the same GIB to the N.Y. State Department of Environmental Conservation - DEPT. OF ENGINEERING 18675 Resolution -Authorizing the award of a bid for N.Y.S. Governor's Office of 560-2019 Storm Recovery Funded Project-Street Lighting Resiliency Program - DEPT. GIB OF ENGINEERING (WELSBACH ELECTRIC CORPORATION) PW#35-18 APPEARANCES: CONCERNS: Felix Procacci; Meta J. Mereday 18675 Resolution -Authorizing the award of a bid for N.Y.S. Governor's Office of 561-2019 Storm Recovery Funded Project-Road Raise/Shoreline Stabilization in the GIB Anglers/Widgeon Area - SEAFORD - DEPT. OF ENGINEERING (STAS! INDUSTRIES, INC.) PW#41-18 APPEARANCES: CONCERNS: Felix Procacci; Meta J. Mereday 7727 Resolution - Authorizing the award of a bid for 2019 furnishing, planting and 562-2019 maintaining trees and shrubs along streets, parking fields and other location in GIB the Unincorporated Areas of the Town of Hempstead - DEPT. OF ENGINEERING (LOUIS BARBATO LANDSCAPING, INC.) PW#2-19 APPEARANCES: CONCERNS: Felix Procacci 14596 Resolution - Accepting a bid for yearly requirements for armed guard services 563-2019 - DEPT. OF PARKS & RECREATION (DANDRIDGE & ASSOCIATES, GIB INC.) Contract #57-2019 APPEARANCES: CONCERNS: Felix Procacci AGAINST: Jonathan Williams of J.W. Security, LLC -83 - May 21, 2019 13441 Resolution - Accepting monetary gifts for support of Senior Citizen's 564-2019 Programs - DEPT. OF SENIOR ENRICHMENT - VARIOUS GIB INSTITUTIONS 19246 Bond Resolution - Authorizing the refunding of certain outstanding serial 565-2019 bonds of said Town, stating the plan of refunding, appropriating an amount GIB not to exceed $33,000,000 for such purpose, authorizing the issuance of refunding bonds in the principal amount of not to exceed $33,000,000 to finance said appropriation, and making ·certain other determinations relative thereto - TOWN OF HEMPSTEAD 29250 Resolution - Extending time to secure buildings permits with respect to 566~2019 Resolution No. 664-2015 as reinstated, which granted a rezoning from GIB Residence "B" District to Residence "C-A" District - EAST MEADOW - east side of East Meadow Avenue, 85.45' north of North Jerusalem Avenue (EAST MEADOW PROPERTIES, LLC) APPEARANCES: CONCERNS: Mary-Ellen Kreye 29380 Resolution - Extending time to secure buildings permits with respect to 567-2019 Resolution No. 1008-2016 as reinstated, which granted a rezoning from GIB Residence "A" District to "CA" District - (NR) MALVERNE - east side of Hempstead Avenue, 100' north of Atlas Court (R & B ACQUISITIONS AND DEVELOPMENT, INC.) . 23409 Resolution - Extending time to secure buildings permits with respect to 568-2019 Resolution No. 583-2018 as reinstated, which granted a special exception GIB (Public Garage) - WEST HEMPSTEAD - northwest comer of Hempstead Avenue and McKinley Street (DOMINICK VIGLIOTTI) 16905 Resolution - Authorizing the Commissioner of Parks and Recreation to 569-2019 execute a license agreement for access to Elmont Road Park and Hendrickson GIB Avenue Park-ELMONT-DEPT. OF PARKS & RECREATION (NEW YORK ARENA PARTNERS, LLC) AMENDED BY SUPERVISOR GILLEN SECONDED BY COUNCILMAN BLAKEMAN 30002 Resolution - Authorizing an inter-municipal agreement'--- OFFICE OF THE 570-2019 RECEIVER OFTAXES (INCORPORATED VILLAGE OF BELLEROSE) GIB 21646 Resolution - Authorizing the Town of Hempstead to waive the adoption fees 571-2019 GIB on dogs and cats during the ''Summer of Love" program effective June 3, 2019 through September 1, 2019-ANIMAL SHELTER & ' CONTROL DIVISION . APPEARANCES: CONCERNS: Valerie Lampe; Diane Madden - 84 -  May 21, 2019 13773 Resolution -Amending Resolution Nos. 232-2012, 233-2012, 234-2012 and 13567 235-2012 which fixed the rates for seasonal boat berthing at the Guy 28477 Lombardo Marina, the Inwood Marina, the Town Marina East and the Town 572-2019 Marina West, in order to authorize reduced rates for veterans, active military, GIB seniors, handicapped individuals, auxiliary police and volunteer fire and ambulance personnel - FREEPORT, INWOOD, POINT LOOKOUT - DEPT. OF CONSERVATION & WATERWAYS 28619 Resolution - Authorizing the Supervisor to execute a contract between the 573-2019 Town of Hempstead and Long Island Housing Partnership CLT Housing GIB Development Fund Company LLC - TOWN OF HEMPSTEAD APPEARANCES: CONCERNS: Felix Procacci AMENDED BY COUNCILWOMAN GOOSBY SECONDED BY COUNCILMAN D'ESPOSITO 7 Resolution-Amending Resolution No. 36-2019 Re: Various offices positions & occupations in the Town Government of the Town of Hempstead 28247 574/1-2019 AVONDET, KYLE (DEPT. OF HIGHWAY) 30096 574/2-2019 CHAPLIN, DUJUAN (DEPT. OF HIGHWAY) 29022 574/3-2019 DICHIARA, KIMBERLY (DEPT. OF HUMAN RESOURCES) 23159 574/4-2019 FISHER, PATRICK (DEPT. OF HIGHWAY) 27988 574/5-2019 GREEN, THOMAS (DEPT. OF BUILDINGS) 22829 574/6-2019 HUBER, ELLIOT (DEPT. OF WATER) 28588 574/7-2019 LORELLI, JOAN (DEPT. OF PUBLIC SAFETY) 29329 574/8-2019 MAGGI, FRANK (DEPT. OF HIGHWAY) 28698 574/9-2019 MARCHESE, SALVATORE (DEPT. OF HIGHWAY) 26302 574/10-2019 MARTINEZ, ERIC (DEPT. OF CONSERVATION & WATERWAYS) 24105 574/11-2019 MARTINO, MICHAEL (DEPT. OF GENERAL SERVICES, Traffic Control Division) 25349 574/12-2019 MONTEMARANO, PAUL (DEPT. OF BUILDINGS) 25149 574/13-2019 NAPOLITANO, ROBERT (DEPT. OF BUILDINGS) 22553 574/14-2019 PINCIOTTO-BURY, LAURA (DEPT. OF PARKS & RECREATION) 27682 574/15-2019 RYAN, MICHAEL (DEPT. OF CONSERVATION & WATERWAYS) 30102 574/16-2019 SIMONE, VINCENT (DEPT. OF BUILDINGS) 27862 574/17-2019 SMITH, MARTIN (DEPT. OF BUILDINGS) 29547 574/18-2019 TAROMINA, MICHAEL (DEPT. OF SANITATION) 23598 574/19-2019 WALZ, STEVEN (DEPT. OF HIGHWAY) 29368 574/20-2019 WILSON, BRIAN (DEPT, OF HIGHWAY) GIB - 85 - May 21, 2019 CASE NO'S.VARIOUS - Continued APPEARANCES: CONCERNS: Felix Procacci; Meta J. Mereday 30125 Resolution Calling for a Public Hearing on JUNE 11, 2019 575-2019 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit GIB . parking in EAST MEADOW, FRANKLIN SQUARE, UNIONDALE; (NR) VALLEY STREAM (To amend Chapter 202 of the Code of the Town of Hempstead) APPEARANCES: CONCERNS: Mary-Ellen Kreye 30126 Resolution Calling for a Public Hearing on JUNE 11, 2019 576-2019 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in GIB EAST MEADOW (To amend Section 202-1 of. the Code of the Town of Hempstead) 30127 Resolution Calling for a Public Hearing on JUNE 11, 2019 . 577-2019 Proposed Local Law Re: "ARTERIAL STOPS" in NORTH BELLMORE, GIB NORTH MERRICK (To amend Section 197-Softhe Code of the Town of Hempstead) 18920 Resolution Calling for a Public Hearing on JUNE 11, 2019 578-2019 Proposed Local Law Re: "BUS STOPS" in EAST MEADOW (To amend GIB Section 202-52 of the Code of the Town of Hempstead) 19565 Resolution Calling for a Public Hearing on JUNE 11, 2019 579-2019 Proposed Local Law Re: "VEHICLE SPEED LIMITS" in EAST ATLANTIC GIB BEACH~ Beech Street (To amend Chapter 190 of the Code of the Town of Hempstead, by the insertion of a location into Section 190: 11, in relation to a 25 mph Speed Limit) 19565 Resolution Calling for a Public Hearing on JUNE 11, 2019 580-2019 Proposed Local Law Re: "SCHOOL SPEED LIMITS" in WOODMERE - GIB Peninsula Boulevard (To amend Chapter 190 of the Code of the Town of Hempstead, by the insertion of a location into Section 190-4, Subdivision "A," in relation to a 20 mph School Speed Limit) APPEARANCES: IN FAVOR: Michael Turi 29671 Resolution Calling fot a Public Hearing on JUNE 11, 2019 581-2019 Proposed Local Law Re: "REGULATING THE. ADVERTISEMENT OF GIB AGE-RESTRICTED PRODUCTS WITHIN ONE THOUSAND FEET OF SCHOOLS, PARKS, PLAYGROUNDS, AND DULY LICENSED CHILD DAY-CARE CENTERS" (To enact a new Section 121-3 (E) of Chapter 121 of the Code of the Town of Hempstead) - 86 -  · May 21, 2019 21527 Resolution Calling for a Public Hearing on JUNE 11. 2019 582-2019 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" in GIB BALDWIN, ELMONT, FRANKLIN SQUARE, (NR) ISLAND PARK, MERRICK, OCEANSIDE (Pilgrim Avenue, Stone Street, Cloud Avenue, California Place South, Frankel Boulevard, Tilrose A venue) 16214 Resolution Calling for a Public Hearing on JUNE 11. 2019 583-2019 Proposed Revised Public Parking Field Maps in BELLMORE (Field BE-14A) GIB 30116 Resolution - Accepting a Declaration of Restrictive Covenants in connection 584-2019 with application of ISAIHAH AND EULAH MOULTRIE for rezoning from GIB Residence "B" and Business District to the Urban Residence "C" District located in INWOOD - on the n/w c of Bayview Avenue & Russell Banks Place SUPERVISOR GILLEN ABSTAINED 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 A. CABANA TOWN CLERK th - 87 -