Town Board Agenda

STATED TOWN BOARD MEETING MARCH 28, 2023 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, March 28, 2023 at 7:00 P.M. Roll was called: PRESENT: DONALD X. CLAVIN, JR., Supervisor CHRISTOPHER CARINI, Councilmember DENNIS DUNNE, SR., Councilmember DOROTHY L. GOOSBY, Deputy Supervisor MELISSA L. MILLER, Councilrnember THOMAS A. MUSCARELLA, Councilmember LAURA A. RYDER, Councilrnember Members of the Town Board ALSO PRESENT: KATE MURRAY, Town Clerk SUSAN M. POKALSKY, Deputy Town Clerk JOHN L. MACCARONE, Town Attorney JOHN MASTROMARINO, Town Comptroller Before the formal part of the meeting, Supervisor Clavin announced that there were several students he would like to recognize for great accomplishments in the community and thanked them stating he "appreciated all the students, faculty, and parents who came out today". The Supervisor started off with Juliana Tand of Merrick, a fundraiser whom at 10 years of age was able to raise more than $20,000 for the Ronald McDonald House, a nationwide charity that creates programs for the well- being of children. Juliana started by selling sculptures and artwork, donating all proceeds to charity and she is still going strong. The Supervisor thanked Juliana for her great efforts saying he was told she was "quite the accomplished 5th grader" and they were proud of her great work. Yianna Foufas and Talia Robles ofMepham High School was also recognized and congratulated as wrestling champions. Yianna took 1st place as a 2023 New York State Champion in her weight class and just recently placed 5ili in the 2023 National High School Tournament earning her title "All American". Talia, another top tier wrestler, and 2023 Long Island Champion, recently traveled to Syracuse to compete in the State Championships, taking home I st Place. Sean Andrade of Sewanhaka High School was also recognized for his Academic Achievement. Only 15 years old and first out of 275 students in his graduating class is now 2023 Salutatorian, skipping 4 th and 8fu grades, who will be graduating with a 103.78 GPA. Sean is also a master of robotics and is already able to code and build his own robots. The Supervisor stated "his hard work and dedication have already made him excel in life and is inspirational". The students were presented with citations and congratulated on their great achievements. Supervisor Clavin asked Councilmember Dunne to lead the assemblage in the Pledge of Allegiance to our flag. Before being seated, Supervisor Clavin asked everyone for a moment of silence for Levittown's own Jack Kilbride, double purple heart recipient having served two tours in Vietnam, and, as Councilmember Dunne added, was a real true "American Hero", "United States Marine", and the "John Wayne ofLevittown" whom everybody loved. * * ** * *** * ** * - 61 - March 28, 2023 PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 30873 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 407-2023 parking in FRANKLIN SQUARE (To amend Chapter 202 of the Code of the MUIG Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Muscarella, seconded by Deputy Supervisor Goosby, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 24-2023 ADOPTED, pursuant to Resolution No. 407-2023 * ** * *** *** * * 30874 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 408-2023 OCEANSIDE (To amend Section 202-1 of the Code of the Town of RIMI Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Ryder, seconded by Councilmember Miller, and unanimous! y voted upon roll call that the public hearing be closed, and Local Law No. 25-2023 ADOPTED, pursuant to Resolution No. 408-2023 *** *** * *** * * 30875 Proposed Local Law Re: "ARTERIAL STOPS" in LEVITTOWN, NORTH 409-2023 BELLMORE, WANTAGH (To amend Section 197-5 of the Code of the Town DIC of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Dunne, seconded by Councilmember Carini, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 26-2023 ADOPTED, pursuant to Resolution No. 409-2023 * * * * * * ** * ** * 15511 Proposed Local Law Re: "TAXATION: PARTIAL EXEMPTION FOR 410-2023 MEMBERS OF VOLUNTEER FIRE DEPARTMENTS AND VOLUNTARY DIG AMBULANCE SERVICES" in relation to a partial tax exemption for volunteer firefighters and volunteer ambulance workers (To amend Chapter !OA of the Code of the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was - 62 -  March 28, 2023 CASE NO. 15511 -PUBLIC HEARING- Continued On motion of Councilmember Dunne, seconded by Deputy Supervisor Goosby, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 27-2023 ADOPTED, pursuant to Resolution No. 410-2023 * * **** ** **** ADMINISTRATIVE CALENDAR 693 Resolution -Accepting to active membership - FRIENDSHIP ENGINE AND 411-2023 HOSE CO., INC. - MERRICK (ALFONSO NAPPI, III) MU/G 693 Resolution - Removing members from company rolls - FRIENDSHIP 412-2023 ENGINE AND HOSE CO., INC. - MERRICK (JACK LATHAM, JOHN J. MU/G FABIAN, CHRISTOPHER SIMMONS) 20915 Resolutions (8) - Ratifying, confirming & granting permission for use of Town of Hempstead Parking Fields - 413-2023 BALDWIN [BA-7] (BALDWIN CHAMBER OF COMMERCE) 414-2023 BALDWIN [BA-4] (BALDWIN COUNCIL AGAINST DRUG ABUSE) 415-2023 FRANKLIN SQUARE [FS-5] (CHRIST ASSEMBLY OF GOD, INC.) 416-2023 MERRICK [M-5] (MERRICK CHAMBER OF COMMERCE) 417-2023 MERRICK [M-5] (FREEPORT MERRICK ROTARY CLUB) 418-2023 SEAFORD [S-1] (SEAFORD PUBLIC LIBRARY) 419-2023 WANTAGH [WA-2] (THE WANTAGH CHAMBER OF COMMERCE) 420-2023 WANTAGH [WA-5] (WANTAGH LITTLE LEAGUE) MU/G 9346 Resolution - Authorizing the extension of a contract to provide consulting 421-2023 services related to the implementation of ongoing and Federally Funded MU/G Community Development Projects - DEPT. OF PLANNING & ECONOMIC DEVELOPMENT (MICHAEL L. ODDO) 3003 Resolution - Authorizing the Town of Hempstead to pay annual individual 422-2023 membership dues to the Building Inspectors Association ofNassau County for MU/G all Code Enforcement and Officers of the Town's Building Department - DEPT. OF BUILDINGS (BUILDING INSPECTORS ASSOCIATION OF NASSAU COUNTY [B.I.A.N.C.O]) 14301 Resolution-Amending TBR # 817-2018, 1095-2020, & 313-2021 to 423-2023 authorize Amendment #4 to the Town's Agreement with Cherry Road MU/G Technologies, Inc. - DEPT. OF INFORMATION & TECHNOLOGY (CHERRY ROAD TECHNOLOGIES, INC.) 2964 Resolution - Authorizing the Town of Hempstead to enter a Master 424-2023 Service Agreement and accept quotes from RSM US, LLP and its affiliate MU/G RSM US Product Sales, LLC for the annual renewal of Tax Collection and Accounting Software, Maintenance and Support currently in use - OFFICE OF THE RECEIVER OF TAXES (RSM US, LLP and its affiliate RSM US PRODUCT SALES, LLC) - 63 - March 28, 2023 2 Resolution -Awarding a contract for lockbox services - OFFICE OF THE 425-2023 RECEIVER OF TAXES (VALLEY NATIONAL BANK) MU/G 13561 Resolution -Authorizing the payment by the Town of Hempstead for certain 426-2023 parts of premises to be used by the Floral Park-Bellerose Senior Citizens - MU/G (NR) FLORAL PARK - DEPT. OF SENIOR ENRICHMENT (ST. HEDWIG'S ROMAN CATHOLIC CHURCH OF FLORAL PARK) 16412 Resolution - Authorizing the award of a letter bid for cleaning and 427-2023 maintenance of Commercial Grease Exhaust Systems for the Plaza Cafe - MU/G HEMPSTEAD-Town Hall, One Washington St. - DEPT. OF GENERAL SERVICES (SANI SYSTEMS, LTD.) 6305 Resolution - Authorizing an increase in the 2023 Franklin Square Park District 428-2023 American Rescue Parks Improvements Project Appropriations Account, an MU/G increase in the 2023 Franklin Square Park District American Rescue Parks Improvements Project Estimated Revenue Account, an increase in the 2023 Franklin Square Park District American Rescue Parks Improvements Project American Rescue Revenue Account, an increase in the 2023 Franklin Square Park District American Rescue Parks Improvements Project Cost Expense Account, a decrease in the Town of Hempstead Park District American Rescue Parks Improvements Project Appropriations Account, a decrease in the Town of Hempstead Park District American Rescue Parks Improvements Project Estimated Revenue Account, a decrease in the Town of Hempstead Park District American Rescue Parks Improvements Project American Rescue Revenue Account, a decrease in the Town of Hempstead Park District American Rescue Parks Improvements Project Cost Expense Account - TOWN OF HEMPSTEAD APPEARANCES: Felix Procacci 6305 Resolution - Authorizing an increase in the 2023 Parks Operating Fund 429-2023 Appropriated Fund Balance, an increase in the 2023 Parks Operating Fund MU/G Appropriations Account, an increase in the 2023 Parks Operating Fund Gifts and Donations Revenue Account, the creation of the Parks Operating Fund Transfer to Capital Projects Expense Account, and the creation of Capital Project titled 2023 Camp Anchor Synthetic Turf for Playground Project - TOWN OF HEMPSTEAD 30882 Resolution - Adopting S.E.Q.R. Negative Declaration and Determination of 430-2023 Non-Significance in connection with an application for a site plan approval for MU/G a parcel ofland located in WEST HEMPSTEAD - DEPT. OF CONSERVATION &WATERWAYS (111 HEMPSTEAD TURNPIKE, LLC) 30882 Resolution - Approving Overall Layout Site Plan submitted by Karthikeyan 431-2023 Shanmugam on behalf of 111 Hempstead Turnpike LLC, in connection with MU/G Building Application #22-6138 for the development of a 428-Unit Rental Community consisting of two four-story multi-family buildings including associated site improvements located on the s/e/c ofWestminster Road and Hempstead Turnpike and located on the n/e/c of Broad Street and Hempstead Avenue - WEST HEMPSTEAD - DEPT. OF BUILDINGS (KARTHIKEYAN SHANMUGAM on behalf of 111 HEMPSTEAD TURNPIKE, LLC) - 64-  March 28, 2023 30883 Resolution - Adopting S.E.Q.R. Negative Declaration and Determination of 432-2023 Non-Significance in connection with an application for a site plan approval for MU/G a parcel of land located at 240 Hempstead Avenue - WEST HEMPSTEAD - DEPT. OF CONSERVATION & WATERWAYS (HEBREW ACADEMY OF NASSAU COUNTY) 30883 Resolution - Approving Overall Layout Site Plan submitted by H2M 433-2023 Architects and Engineers on behalf of Hebrew Academy of Nassau County in MU/G connection with Building Application #21-10992 for the construction of a two-story and a three-story addition to an existing religious school building including associated site improvements located on the s/e/c of Hempstead Avenue and South Woodlawn Road - WEST HEMPSTEAD-DEPT. OF HIGHWAYS, DEPT. OF ENGINEERING & DEPT. OF BUILDINGS (H2M ARCHITECTS AND ENGINEERS on behalf of HEBREW ACADEMY OF NASSAU COUNTY) 30746 Resolution - Amending Resolution No. 1025-2022 awarding the contract for 434-2023 the pick-up, removal, and storage of the abandoned vehicles within the Town MU/G ofHempstead-DEPT. OF HIGHWAYS (VINTAGE AUTO BODY, INC.) 27490 Resolution -Authorizing the Settlement Agreement in Town of Hempstead v. 435-2023 Northcoast Maintenance Corp, et al. - TOWN OF HEMPSTEAD MU/G (NORTHCOAST MAINTENANCE CORP, ET AL.) 7727 Resolution - Authorizing the award of a bid for the 2023 Furnishing, Planting, 436-2023 and Maintaining Trees and Shrubs along Streets, Parking Fields, and Other MU/G Locations in the unincorporated area of the Town of Hempstead- DEPT. OF GENERAL SERVICES & DEPT. OF ENGINEERING (LOUIS BARBATO LANDSCAPING, INC.) PW# 1-23 25265 Resolution - Authorizing payment by the Town of Hempstead to the New 437-2023 York State Department of Civil Service for Examination Service Fees - DEPT. MU/G OF CIVIL SERVICE (NEW YORK STATE CIVIL SERVICE COMISSION) 13441 Resolution - Authorizing sponsorship of softball teams in the Long Island 438-2023 Senior Softball Association and New York Senior Softball Association by the MU/G Department of Senior Enrichment - DEPT. OF SENIOR ENRICHMENT (UNIFORM PROS, INC. & NASSAU COUNTY AS.A. UMPIRE ASSOCIATION) 21943 Resolution - Authorizing the Town of Hempstead to accept a monetary 439-2023 donation from South Merrick Civic Association - DEPT. OF PARKS & MU/G RECREATION (SOUTH MERRICK CIVIC ASSOCIATION) 27746 Resolution - Authorizing the annual payment to Commercial Clearwater 440-2023 Company to conduct a certified pool operator course for the benefit of MU/G Department of Parks & Recreation employees - DEPT. OF PARKS & RECREATION (COMMERCIAL CLEARWATER COMP ANY) 29910 Resolution - Authorizing payment to Unistar Five for the appearance of 441-2023 "Hokis Pokis" at Levittown Hall "Sock Hop" - DEPT. OF PARKS & MU/G RECREATION (UNISTARFIVE) - 65 - March 28, 2023 11377 Resolution - Authorizing the payment of an invoice to Boardwalk Empire, 442-2023 LLC for the rental of parking spaces during the 2023 summer beach season - MU/G DEPT. OF PARKS & RECREATION (BOARDWALK EMPIRE, LLC) 19226 Resolution - Authorizing workers compensation coverage for the Town of 22429 Hempstead Industrial Development Agency and the Town of Hempstead 443-2023 Local Development Corporation - TOWN OF HEMPSTEAD (NYS SELF MU/G INSURANCE WORKERS' COMPENSATION PLAN) 27265 Resolution - Authorizing payment of 2023 License Fees to Broadcast Music 444-2023 Inc. (BMI) to comply with the copyright laws for all departments in the Town MU/G of Hempstead for music played to the public - TOWN OF HEMPSTEAD (BROADCAST MUSIC, INC. [BMIJ) 1147 Resolution - Correcting TBR 375-2023 and authorizing an increase in the 445-2023 2023 General Fund Appropriations Account, an increase in the General Fund MU/G Estimated Revenues, a creation of the General Fund Undistributed Capital Outlay Expense Account, and the creation of the General Fund Undistributed Gifts and Donations Revenue Account - TOWN OF HEMPSTEAD 1137 Bond Resolution - Authorizing the financing of the reconstruction of the roof 446-2023 at the Town's Highway Department Roosevelt yard, stating the maximum cost MU/G thereof is $554,000, appropriating said amount for such purpose and authorizing the issuance of $554,000 Serial Bonds of said Town to finance said appropriation - TOWN OF HEMPSTEAD - SUBJECT TO PERMISSNE REFERENDUM 4822 Resolution - Authorizing amendment to the 2023 Adopted Budget to decrease 447-2023 Sanitation Operating Fund Un-Appropriated Fund Balance Account, to MU/G increase Sanitation Operating Fund Appropriated Fund Balance Account to increase Sanitation Operating Fund Appropriations Account and to increase Motor Vehicles Expense Account in the Sanitation Operating Fund - TOWN OF HEMPSTEAD 9627 Resolution - Authorizing the award of the Town of Hempstead contract for the 448-2023 grass cutting on various areas throughout the Town of Hempstead- DEPT. MU/G OF HIGHWAYS (LOUIS BARBATO LANDSCAPING, INC.) Contract #16A-2023 10889 Bond Resolution - Authorizing the financing of the payment of a settled claim 449-2023 by the Town in the following matter: MICHAEL BURKE v. TOWN OF MU/G HEMPSTEAD, Helen Moloney individually and as Trustee of the Helen Moloney revocable trust (Index No.611357/2021, Supreme Court, Nassau County), stating the estimated maximum cost thereof is $285,000 appropriating said amount for such purpose and authorizing the issuance of $285,000 Serial Bonds of the Town to finance said appropriation - TOWN OF HEMPSTEAD 10889 Resolution-Authorizing the Office of the Town Attorney to settle the claim 450-2023 of Michael Burke in the amount of $285,000.00 for personal injuries sustained MU/G - TOWN OF HEMPSTEAD (MICHAEL BURKE) - 66 -  March 28, 2023 7 Resolution - Amending Resolution No. 103-2023 Re: Various offices positions & occupations in the Town Government of the Town of Hempstead 30884 451/1-2023 ANDREWS, NICHOLAS (DEPARTMENT OF PARKS & RECREATION) 30885 451/2-2023 BALOGLOU, NICHOLAS (DEPARTMENT OF CONSERVATION & WATERWAYS) 26365 451/3-2023 BENVENUTO, GIANNI (DEPARTMENT OF HIGHWAYS) 28969 451/4-2023 CATALANO, GIUSEPPE (DEPARTMENT OF GENERAL SERVICES, Buildings & Grounds Division) 30323 45 1/5-2023 CIGNA, LORIBETH (OFFICE OF THE RECEIVER OF TAXES) 30479 451 /6-2023 COMMISSO, ROCCO (DEPARTMENT OF CONSERVATION & WATERWAYS) 28457 451/7-2023 DUNWOODY, MARC (DEPARTMENT OF CONSERVATION & WATERWAYS) 30423 451 /8-2023 FAN IZZI, III, ANTONIO (DEPARTMENT OF CONSERVATION & WATERWAYS) 22980 451 /9-2023 FONTE, CARLOS (DEPARTMENT OF GENERAL SERVICES, Traffic Control Division) 2551 451/1 -2023 GALLO, JOHN (DEPARTMENT OF HIGHWAY) 2956 451/1 -2023 GUANDO, PETER (DEPARTMENT OF CONSERVATION & WATERWAYS) HARRISON, CHRISTOPHER (DEPARTMENT OF GENERAL SERVICES, Administration) 2952 451/1 -2023 HERNANDEZ, JOSTYN (OFFICE OF THE TOWN COMPTROLLER) 2890 451/1 -2023 HIGGfNS, KRISTIN (DEPARTMENT OF HIGHWAY) 2926 451/l -2023 KINNEARY, RYAN (DEPARTMENT OF CONSERVATION & WATERWAYS) 3088 451/ 1 -2023 LAYDEN, PATRICK (DEPARTMENT OF PARKS & RECREATION) 2856 451/1 -2023 MALANDRO, JOANNE (OFFICE OF THE TOWN COMPTROLLER) 3088 451/l -2023 MARCHESE, KAREN (DEPARTMENT OF CONSERVATION & WATERWAYS) 3008 451/1 -2023 MATOZZO, ANTONELLA (DEPARTMENT OF HUMAN RESOURCES) 2794 451 /2 -2023 MCCABE, ELTON (DEPARTMENT OF HIGHWAY) 2805 45 1/2 -2023 MINOTT, WINNIFRED (OFFICE OF THE CIVIL SERVICE COMMISSION) 2631 451/2 -2023 MIRENDA, THOMAS (DEPARTMENT OF PUBLIC SAFETY) 3088 451/2 -2023 PALLADINO, STEVEN (DEPARTMENT OF CONSERVATION & WATERWAYS) 1917 451 /2 -2023 PATINO, JOSEPH (OFFICE OF THE SUPERVISOR) 3088 451/2 -2023 RANDALL, MATTHEW (DEPARTMENT OF GENERAL SERVICES , Administration) - 67 - March 28, 2023 CASE NO. VARIOUS - Continued 28190 451/26-2023 REISS, ADAM (DEPARTMENT OF PARKS & RECREATION) 30890 451/27-2023 RUBINO, NICHOLAS (DEPARTMENT OF PARKS & RECREATION) 30891 451/28-2023 SALAMONE, DANIEL (OFFICE OF THE TOWN BOARD) 30892 451/29-2023 SENATORE, NICOLE (DEPARTMENT OF HUMAN RESOURCES) 30893 451/30-2023 WOODS, GINA-MARIE (OFFICE OF THE RECEIVER OF TAXES) 30894 451/31-2023 ZACCARO, VINCENT (DEPARTMENT OF HIGHWAY) MU/G 30879 Resolution Calling for a Public Hearing on APRIL 25, 2023 452-2023 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in MU/G (NR) EAST ROCKAWAY, MERRICK, OCEANSIDE, UNIONDALE (To amend Section 202-1 of the Code of the Town of Hempstead) APPEARANCES: Pearl Jacobs 30880 Resolution Calling for a Public Hearing on APRIL 25, 2023 453-2023 Proposed Local Law Re: "ARTERIAL STOPS" in (NR) EAST MU/G ROCKAWAY, FRANKLIN SQUARE (To amend Section 197-5 of the Code of the Town of Hempstead) 30881 Resolution Calling for a Public Hearing on APRIL 25, 2023 454-2023 "TRAFFIC REGULATIONS IN THE VICINITY OF SCHOOLS" in EAST MU/G MEADOW, FRANKLIN SQUARE (To amend Section 197-13 of the Code of the Town of Hempstead) 21527 Resolution Calling for a Public Hearing on APRIL 25, 2023 455-2023 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" MU/G in ELMONT, WEST HEMPSTEAD (Wellington Road, 9th Street) 30665 Resolution Calling for a Public Hearing on APRIL 25, 2023 30666 Proposed Local Law Re: "EXTENDING THE TEMPORARY MORATORIA 456-2023 FOR AN ADDITIONAL YEAR IN THE TRANSIT-ORIENTED MU/G DEVELOPMENT (TOD) DISTRICT, NEIGHBORHOOD BUSINESS (NB) OVERLAY DISTRICT, AND RESIDENTIAL TOWNHOUSE/ROWHOUSE (TR) OVERLAY DISTRICT FOR NORTH LAWREN CE AND INWOOD, AND URBAN RENEWAL RESIDENCE C DISTRICT (URD-C)" (To amend Section 101-2 of Chapter 101 and to amend Chapter IOI-A of the Code of the Town of Hempstead) APPEARANCES: Felix Procacci 16211 Resolution Calling for a Public Hearing on APRIL 25, 2023 457-2023 Application of BOLLA EM REALTY, LLC for a variance from provisions of MU/G the "GSS" Ordinance to repeal and replace restrictive covenants, site plan approval, and install underground storage tanks - WANTAGH - s/w/c Wantagh Avenue and North Jerusalem Road 18675 Resolution - Amending TBR No. 593-2021 and awarding a bid for N.Y.S. 458-2023 Governor's Office of Storm Recovery Funded Project - Storm Water MU/G Drainage Improvements - Oceanside Pipes - OCEANSIDE - 68 -  March 28, 2023 No further business to come before the Board, it was on motion of Deputy Supervisor Goosby, seconded by Councilmember Dunne, and unanimously voted upon roll call that the Meeting be ADJOURNED. ** * ** * ** * * * * th - 69 -