Town Board Agenda

STATED TOWN BOARD MEETING MAY24, 2022 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 24, 2022 at 10:30 A.M. Roll was called: PRESENT: DONALD X. CLAVIN, JR., Supervisor CHRISTOPHER CARINI, Councilmember ANTHONY P. D'ESPOSITO, Councilmember DENNIS DUNNE, SR., Councilmember DOROTHY L. GOOSBY, Senior Councilmember MELISSA L. MILLER, Councilmember THOMAS A. MUSCARELLA, Councilmember Members of the Town Board ALSO PRESENT: KATE MURRAY, Town Clerk SUSAN M. POKALSKY, Deputy Town Clerk JOSEPH NOCELLA, Town Attorney JOHN MASTROMARINO, Town Comptroller Supervisor Clavin asked Councilman Muscarella to lead the assemblage in the Pledge of Allegiance to our flag. * * * * * * * * * * * * PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 30685 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 650-2022 parking in OCEANSIDE, WOODMERE (To amend Chapter 202 of the Code DE/MU of the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember D'Esposito, seconded by Councilmember Muscarella, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 39-2022 ADOPTED, pursuant to Resolution No. 650-2022 * * * * * * * * * * * * 30686 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 651-2022 ELMONT, FRANKLIN SQUARE, INWOOD, (NR) ISLAND PARK, MU/M OCEANSIDE (To amend Section 202-1 of the Code of the Town of Hempstead) APPEARANCES: NONE - 95 - May 24, 2022 CASE NO. 30686 - PUBLIC HEARlNG- Continued No one wishing to be heard on subject matter, it was On motion of Councilmember Muscarella, seconded by Councilmember Miller, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 40-2022 ADOPTED, pursuant to Resolution No. 651- 2022 * * * * * * * * * * * * 30687 Proposed Local Law Re: "ARTERIAL STOPS" in ELMONT, FRANKLIN 652-2022 SQUARE, LAKEVIEW (To amend Section 197-5 of the Code of the Town of MU/M Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Muscarella, seconded by Councilmember Miller, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 41-2022 ADOPTED, pursuant to Resolution No. 652- 2022 * * * * * * * * * * * * 30688 Proposed Local Law Re: "TRAFFIC REGULATIONS IN THE VICINITY 653-2022 OF SCHOOLS" in ELMONT (To amend Section 197-13 of the Code of the MU/M Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councihnember Muscarella, seconded by Councilmember Miller, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 42-2022 ADOPTED, pursuant to Resolution No. 653- 2022 * * * * * * * * * * * * 19829 Proposed Local Law Re: "GROSS WEIGHT RESTRICTIONS" in INWOOD 654-2022 (To amend Section 192-1 of the Code of the Town of Hempstead) M/DE APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Miller, seconded by Councihnember D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 43-2022 ADOPTED, pursuant to Resolution No. 654-2022 * * * * * * * * * * * * - 96 -  May 24, 2022 19565 Proposed Local Law Re: "SCHOOL SPEED LIMITS" in ELM ONT - Keegan 655-2022 Street between Dutch Broadway & Monaco Avenue (To amend Chapter 190 MU/M 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, 7 AM to 6 PM, school days) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Muscarella, seconded by Councilmember Miller, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 44-2022 ADOPTED, pursuant to Resolution No. 655- 2022 * * * * * * * * * * * * 21527 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" 656-2022 in (NR) FLORAL PARK, GARDEN CITY SOUTH, ROOSEVELT, MU/G UNIONDALE, WEST HEMPSTEAD (Lesoir Avenue, Greenway East, Whitehouse Avenue, East Pennywood Avenue, Locust Avenue, Spruce Street) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Muscarella, seconded by Councilmember Goosby, and unanimously voted upon roll call that the public hearing be closed, and "Handicapped Parking on Public Streets" ADOPTED, pursuant to Resolution No. 656-2022 ** * ** * ** * * * * 14509 Proposed Local Law Re: Enacting a new Section 86-50 of Chapter 86 657-2022 Building Construction Administration of the Code of the Town of Hempstead DE/C entitled "CONSTRUCTION SITE SAFETY TRAINING" relating to construction site safety at major and minor construction sites - TOWN OF HEMPSTEAD APPEARANCES: Vincent Alu , Attorney; Josh Slaughter; William Keeley; Brian Nigro No one else wishing to be heard on subject matter, it was On motion of Councilmember D'Esposito, seconded by Councilmember Carini, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 45-2022 ADOPTED, pursuant to Resolution No. 657- 2022 * * * * * * * * * * * * 4939 Proposed renewal of a contract with the fire companies of the Merrick Fire 658-2022 Department for furnishing fire protection within the territory of the C/DE MERRICK FIRE PROTECTION DISTRICT - TOWN OF HEMPSTEAD (EMPIRE HOSE COMP ANY NO. 3, INC., FRIENDSHIP ENGINE AND HOSE COMPANY, INC. AND MERRICK HOOK AND LADDER COMPANYNO. I) APPEARANCES: NONE - 97 - May 24, 2022 CASE NO. 4939 - PUBLIC HEARlNG - Continued No one wishing to be heard on subject matter, it was On motion of Councilmember Carini, seconded by Councihnember D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and proposed renewal of a contract with the fire companies of the Merrick Fire Protection District ADOPTED ** * * * * ** * ** * 12649 Application of BOLLA EM REALTY, LLC. for a variance from the 659-2022 provisions of the "GSS" Ordinance to maintain an existing service station and CID operate a convenience store as well as area, sign and parking variance - MERRICK - n/e/c Merrick Road and Central Boulevard APPEARANCES: David Altman, Attorney; Alana Baard; Jody Brinson, Attorney; Brenda Rumaldo; No one else wishing to be heard on subject matter, it was On motion of Councihnember Carini, seconded by Councilmember D 'Esposito, and unanimously voted upon roll call that the public hearing be closed, and application of Bolla EM Realty, LLC ADOPTED ** * * ** * * ** * * 12649 Application of BOLLA EM REALTY, LLC. for modification of Declaration 660-2022 of Covenants and Restrictions relating to property- MERRICK- n/e/c CID Merrick Road and Central Boulevard APPEARANCES: David Altman, Attorney; Alana Baard; Jody Brinson, Attorney; Brenda Rumaldo; No one else wishing to be heard on subject matter, it was On motion of Councihnember Carini, seconded by Councilmember D'Esposito, and unanimously voted upon roll call that the public hearing be closed, and application of Bolla EM Realty, LLC ADOPTED * * *** * *** * ** 30343 DECISION: Resolution - Adopting a S.E.Q.R. negative declaration and 21537 determination of non-significance in connection with an application to rezone 661-2022 a parcel ofland located at (NR) ISLAND PARK - 30 Waterfront Boulevard - GRANTED TOWN OF HEMPSTEAD (OCEAN AVENUE MARINA, INC.) DE/G * * *** * * * *** * 30343 DECISION: Application of OCEAN AVENUE MARJNA, INC. for a change 21537 of zone from Industrial, Light Manufacturing, Business and Residence Zones 662-2022 to "CA-S" Residence District located Waterfront Blvd. - (NR) ISLAND GRANTED PARK DE/G COUNCILMEMBER MILLER ABSTAINED FROM VOTING ** * *** * ** * * * - 98 -  May 24, 2022 30343 DECISION: Application of OCEAN AVENUE MARINA, INC. to amend 21537 the Declaration of Covenants and Restrictions dated June 30, 1982 recorded at 663-2022 Liber 9422 page 166 in the Office of the County Clerk, petitioner seeks to GRANTED amend the declaration by eliminating condition 1 prohibiting any building or DEIG structure from being placed on the premises at Waterfront Blvd. - (NR) ISLAND PARK COUNCILMEMBER MILLER ABSTAINED FROM VOTING * * * * * ** *** * * ADMINISTRATIVE CALENDAR Supervisor Clavin announced that today will be making History by appointing Councihnember Dorothy L. Goosby, the first African American Woman Deputy Supervisor, having been a long serving member of the Town Board and advocate for her Community. The Town Board congratulated the Councilmember and newly appointed Deputy Supervisor Dorothy Goosby. 6542 Resolutions (10) - Ratifying and confirming the declaration of an emergency posed by the threat of imminent danger and authorizing special assessment in regard to an unsafe tree located on the premises improved with a one story wood frame multi family dwelling with detached garage - DEPT. OF BUILDINGS (CIPCO BOARDING CO., LONG ISLAND TREE & LANDSCAPE SERVICE, INC.) 664-2022 INWOOD (46 Davis Avenue) 665-2022 INWOOD (127 Lawrence Avenue) 666-2022 LEVITTOWN (36 Hollyhock Road) 667-2022 ROOSEVELT (1 Scherer Place) 668-2022 ROOSEVELT (9 Frederick Avenue) 669-2022 ROOSEVELT (318 Babylon Turnpike) 670-2022 UNIONDALE (683 Midwood Street) 671-2022 UNIONDALE (1036 Adams Street) 672-2022 (NR) VALLEY STREAM (1561 North Central Avenue) 673-2022 WEST HEMPSTEAD (413 Eagle Avenue) GIDE 6542 Resolutions (2) - Authorizing special assessment for professional services rendered in regard to unsafe one family dwellings & unsafe detached garage - DEPT. OF BUILDINGS (ENVIRONMENTAL MANAGEMENT SERVICES, INC.) 674-2022 ELMONT (118 Fieldmere Street) 675-2022 WEST HEMPSTEAD (182 Ivy Street) GIDE 20915 Resolution - Ratifying, confirming & granting permission for the use of Town 676-2022 of Hempstead Parking Field BA-7 - BALDWIN (THE BALDWIN KIWANIS GIDE CLUB) 25843 Resolutions (5) - Granting the applications for parade permits - 677-2022 ELMONT (PAUL SAPIENZA ELMONTIBELMONT) 678-2022 ELM ONT/FLORAL PARK (AMERICAN LEGION POST 1033) 679-2022 LEVITTOWN (LEVITTOWNIISLAND TREES VETERANS COUNCIL) 680-2022 WEST HEMPSTEAD (WEST HEMPSTEAD COMMUNITY SUPPORT ASSOCIATION) 681-2022 WOODMERE (HEWLETT-WOODMERE BUSINESS ASSOCIATION, GIDE INC.) - 99 - ,-- ---- May 24, 2022 21536 Resolution - Granting permission to retain the services of Antonio Kelley to 682-2022 perform freelance photography work- DEPT. OF GENERAL SERVICES, GIDE PHOTO DEPARTMENT (ANTONIO KELLEY) APPEARANCES: Felix Procacci; Bonnie Garone 19741 Resolution - Accepting a proposal and awarding a corresponding contract for 683-2022 engineering services for the new irrigation well and related pump controls at GIDE the Lido Golf Course-LIDO BEACH-DEPT. OF PARKS & RECREATION (LKB ENGINEERING) 19741 Resolution -Amending Resolution No. 481-2021 to reflect certain changes in 684-2022 the Town's underlying golf cart leasing and servicing arrangements and GIDE ratifying and affirming the execution of a corresponding new golf cart leasing agreement - DEPT. OF PARKS & RECREATION (WELLS FARGO BANK, N.A.) 1147 Resolution - Authorizing amendment to Resolution No. 552-2022 whereas the 685-2022 Resolution states to increase General Fund Undistributed appropriations the GIDE Resolution should have stated to decrease General Fund Undistributed other expense - TOWN OF HEMPSTEAD 8397 Resolution - Authorizing the award of formal bid to supply and install new 686-2022 HVAC System at the Town of Hempstead Facility located at I Parkside Drive, GIDE POINT LOOKOUT - DEPT. OF CONSERVATION & WATERWAYS (INTRICATE TECH SOLUTIONS, LTD) Formal Bid# 10-2022 21943 Resolution - Accepting a donation of swim plugs designed to prevent the 687-2022 development of"Surfers Ear" - DEPT. OF PARKS & RECREATION GIDE (EARLABS) 27746 Resolution - Authorizing an extension of a certain 2020 Agreement between 688-2022 the Town of Hempstead and the County of Nassau for Lifeguard and First Aid GIDE Services at Eugene Nickerson Beach Park - LIDO BEACH - DEPT. OF PARKS & RECREATION (COUNTY OF NASSAU) 29840 Resolution - Authorizing execution of a Personal Service Contract for Human 689-2022 Resources related Consulting Services for the year 2022 - DEPT. OF GIDE HUMAN RESOURCES (EMPOWER ME COACHING, LLC) 29593 Resolution -Amending Resolution No. 51-2022 authorizing the execution of 690-2022 Consulting and Reporting Agreements with BeaconPath, Inc. - DEPT. OF GIDE HUMAN RESOURCES (BEACONPATH, INC.) 16412 Resolution - Authorizing reimbursement to Mohizif Cafe and Restaurant, Inc. 691-2022 for catering a March of Dimes Breakfast at the Nathan L. H. Bennett Pavilion GIDE - TOWN OF HEMPSTEAD (MOHIZIF CAFE AND RESTAURANT, INC.) 21189 Resolution - Authorizing membership in the National Cooperative Purchasing 692-2022 Alliance for the purpose of joining a service cooperative - TOWN OF GIDE HEMPSTEAD (NATIONAL COOPERATIVE PURCHASING ALLIANCE [NCPAJ) - 100 -  May 24, 2022 6365 Resolution - Resolution and order Directing Construction or Reconstruction of 693-2022 Sidewalk Area along certain streets - TOWN OF HEMPSTEAD (22-1) GIDE 28144 Resolution - Authorizing an Inter-municipal Agreement with the Incorporated 27511 Village of Hewlett Harbor - TOWN OF HEMPSTEAD - OFFICE OF 694-2022 RECEIVER OF TAXES (INCORPORATED VILLAGE OF HEWLETT GIDE HARBOR) 19438 Resolution - Accepting bid for removal and replacement of Eleven (11) Fan 695-2022 Coil Units with hot water coils at Roosevelt Yard - ROOSEVELT - DEPT. OF GIDE HIGHWAYS (INTRICATE TECH SOLUTIONS) Formal Bid #12-2022 24158 Resolution - Establishing a standard work day for elective officers and/or 696-2022 certain appointed positions - TOWN OF HEMPSTEAD (NEW YORK GIDE STATE AND LOCAL RETIREMENT SYSTEM) APPEARANCES: Felix Procacci 26493 Resolution - Authorizing the execution of certain documents relative to a grant 697-2022 application for the grade raising of Grand Boulevard and Van Buren Street in GIDE BALDWIN - DEPT. OF ENGINEERING (THE FEDERAL EMERGENCY MANAGEMENT AGENCY) 26493 Resolution - Authorizing the Town ofHempstead's Downtown Revitalization 698-2022 Initiative Grant Agreement for BALDWIN with New York State - TOWN OF GIDE HEMPSTEAD (STATE OF NEW YORK) APPEARANCES: Bonnie Garone 30114 Resolution - Authorizing the Town ofHempstead's Downtown Revitalization 699-2022 Initiative Contract "To Establish a Unique Baldwin Identity with a Branding GIDE and Marketing Program" with the New York State - TOWN OF HEMPSTEAD (STATE OF NEW YORK) 26597 Resolution - Appointing Senior Councilmember Dorothy L. Goosby as the 700-2022 Town ofHempstead's Deputy Supervisor - TOWN OF HEMPSTEAD GIDE COUNCILMEMBER GOOSBY RECUSED HERSELF 23041 Resolution - Awarding purchase contract for the yearly requirements for 701-2022 Department of Sanitation HVAC annual maintenance at the Merrick and GIDE Oceanside Transfer Stations - DEPT. OF SANITATION (EMCOR SERVICES NEW YORK/NEW JERSEY, INC.) Contract #26-2022 1147 Resolution - Authorizing the increase of the 2022 General Fund Appropriated 702-2022 Fund Balance Account, an increase of the 2022 General Fund Appropriations GIDE Account, and the increase of2022 General Fund Supervisors Part Time Wages Account - TOWN OF HEMPSTEAD APPEARANCES: Felix Procacci COUNCILMEMBER GOOSBY RECUSED HERSELF - 101 -  --------- -- - - May 24, 2022 9740 Resolution - Authorizing the second one-year option of a contract with 703-2022 Opengov, Inc. to provide interactive, cloud-based software for utilization by GIDE Town residents and property owners that facilitates in-home interaction with the Department of Buildings as to permitting, licensing and code enforcement DEPT. OF BUILDINGS (OPENGOV, INC.) 10889 Resolution -Authorizing the Office of the Town Attorney to settle the claim 704-2022 of Carol Lagattuta in the amount of$70,000.00- TOWN OF HEMPSTEAD GIDE (CAROL LAGATTUTA) 7 Resolution - Amending Resolution No. 82-2022 Re: Various offices positions & occupations in the Town Government of the Town of Hempstead 29900 70511-2022 CELENTANO, MICHAEL (DEPARTMENT OF GENERAL SERVICES, Animal Shelter & Control Division) 30621 70512-2022 COLASURDO, STEVEN (DEPARTMENT OF PARKS & RECREATION) 30350 70513-2022 CUSUMANO, JOSEPH (DEPARTMENT OF SANITATION) 30694 70514-2022 DARCY, TIMOTHY (DEPARTMENT OF INFORMATION & TECHNOLOGY) 29540 70515-2022 DEPALMA, JOHN (DEPARTMENT OF PUBLIC SAFETY) 29808 70516-2022 GARDNER, DIANA (DEPARTMENT OF BUILDINGS) 27990 705/7-2022 HAUBERT, MARGARET (OFFICE OF THE TOWN CLERK) 29816 70518-2022 HAYES, BRIAN (DEPARTMENT OF WATER) 30412 70519-2022 HENNESSY, MISTY (OFFICE OF THE TOWN COMPTROLLER) 28782 705/10-2022 HIGGINS, MATTHEW (DEPARTMENT OF SANITATION) 28804 705111-2022 HOLLEY, JAMES (DEPARTMENT OF SANITATION) 29818 705112-2022 HOUGH, JANINE (DEPARTMENT OF BUILDINGS) 26720 705/13-2022 LINCOLN, STEPHEN (DEPARTMENT OF CONSERVATION & WATERWAYS) 28922 705/14-2022 MALHOTRA, AMANPREET (DEPARTMENT OF SANITATION) 30532 705115-2022 MCLAFFERTY, DANIEL (DEPARTMENT OF PARKS & RECREATION) 29306 705116-2022 NAPOLITANO, FRANK (DEPARTMENT OF GENERAL SERVICES, Building & Grounds Division) 29890 705117-2022 NIZZA, MICHAEL (DEPARTMENT OF PARKS & RECREATION) 30221 705/18-2022 O'DONNELL, KATHLEEN (DEPARTMENT OF GENERAL SERVICES, Administration) 30427 705119-2022 O'DOWD, MICHAEL (DEPARTMENT OF CONSERVATION & WATERWAYS) 29189 705120-2022 PISCIONE, VICTORIA (DEPARTMENT OF HIGHWAY) 30695 705121-2022 RINALDI, ANTHONY (DEPARTMENT OF HIGHWAY) 27648 705122-2022 RODRIGUEZ, NILEXA (DEPARTMENT OF HIGHWAY) - 102 -  May 24, 2022 CASE NO'S - VARIOUS - Continued 29292 705123-2022 ROSE, SONIA (DEPARTMENT OF SENIOR ENRICHMENT) 29427 705124-2022 SIKIRIC, IVICA (DEPARTMENT OF SANITATION) 30102 705125-2022 SIMONE, VINCENT (DEPARTMENT OF BUILDINGS) 27684 705126-2022 SKIDMORE, DAWN (DEPARTMENT OF GENERAL SERVICES, Administration) 25816 705127-2022 THOMAS, EDWARD (DEPARTMENT OF GENERAL SERVICES, Traffic Control Division) 30276 705128-2022 TUFARELLI, LOUIS (DEPARTMENT OF HUMAN RESOURCES) 30189 705129-2022 VICARIO, ANTHONY (DEPARTMENT OF WATER) 28615 705130-2022 WEINER, BENJAMIN (DEPARTMENT OF WATER) 29392 705131-2022 WEISS, MATTHEW (DEPARTMENT OF SANITATION) 30696 705132-2022 WHITE-DIXON, LORAINE (DEPARTMENT OF SENIOR ENRICHMENT) 29836 705133-2022 WILDERS, ANTHONY (DEPARTMENT OF WATER) 28688 705134-2022 DERENZE, NICHOLAS (DEPARTMENT OF GENERAL SERVICES, GIDE Traffic Control Division) AMENDMENT OF RESOLUTION NO. 63712- 2022 30689 Resolution Calling Public Hearing JUNE 14, 2022 706-2022 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit GIDE parking in BALDWIN, OCEANSIDE (To amend Chapter 202 of the Code of the Town of Hempstead) 30690 Resolution Calling for a Public Hearing on JUNE 14, 2022 707-2022 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in GIDE BELLMORE, FRANKLIN SQUARE, LEVITTOWN, NORTH BELLMORE, OCEANSIDE, WEST HEMPSTEAD (To amend Section 202-1 of the Code of the Town of Hempstead) 30691 Resolution Calling for a Public Hearing on JUNE 14, 2022 708-2022 Proposed Local Law Re: "ARTERIAL STOPS" in EAST MEADOW, GIDE WOODMERE (To amend Section 197-5 of the Code of the Town of Hempstead) 21527 Resolution Calling for a Public Hearing on JUNE 14, 2022 709-2022 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" GIDE in ELMONT, FRANKLIN SQUARE, ROOSEVELT (C Street, Rintin Street, East Pennywood Avenue, Randall A venue) 21397 Resolution Calling for a Public Hearing on JUNE 14, 2022 710-2022 Proposed Local Law Re: "RESTRICTED PARKING IN RESIDENTIAL GIDE AREAS IMMMEDIATELY ADJACENT TO BELMONT PARK RACETRACK" in ELMONT & BELLEROSE TERRACE (To amend Section 202-58 of Chapter 202, entitled "PARKING", of the Code of the Town of Hempstead) - 103 - May 24, 2022 28232 Resolution Calling for a Public Hearing on JUNE 14, 2022 711-2022 Application ofMATTONE GROUP RACEWAY, LLC and GART GIDE ROOSEVELT ASSOCIATES, LLC to permit retail sale of automobiles as a principal permitted use and for a Special Exception for a service facility - (NR) WESTBURY - s/e QuadrantRoosevelt Center No further business to come before the Board, it was on motion ofCouncilmember D'Esposito, seconded by Councilmember Muscarella, and unanimously voted upon roll call that the Meeting be ADJOURNED. * * * * * * * * * * * * KAT MURRAY TOWN CLERK th - 104 -