Town Board Agenda

SPECIAL TOWN BOARD MEETING JANUARY 30, 2024 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, January 30, 2024 at 7:00 P.M. Roll was called: PRESENT: CHRISTOPHER CARINI, Councilmember DOROTHY L. GOOSBY, Deputy Supervisor MELISSA L. MILLER, Councilmember THOMAS A. MUSCARELLA, Councilmember LAURA A. RYDER, Councilmember Members of the Town Board ABSENT: DONALD X. CLAVIN, JR., Supervisor DENNIS DUNNE, SR., Councilmember ALSO PRESENT: KATE MURRAY, Town Clerk SUSAN M. POKALSKY, Deputy Town Clerk JOHN L. MACCARONE, Town Attorney HON. JACK LIBERT, Chief of Staff JOHN MASTROMARINO, Town Comptroller HON. ANTHONY MARANO, Town's Special Hearing Officer Deputy Supervisor Goosby asked Councilmember Muscarella to lead the assemblage in the Pledge of Allegiance to our flag. Deputy Supervisor Goosby opened the meeting by stating that the Town Board would take testimony and hear presentations regarding the town's possible use of Eminent Domain to acquire certain property known as 434 Hempstead Turnpike, West Hempstead, currently improved with a hotel known as the Capri Motor Inn and asked the Honorable Anthony Marano, retired NYS Supreme Court Justice, Nassau County, and the Town's Special Hearing Officer appointed by the Board for this hearing, to explain the working of this meeting. The judge thanked the Deputy Supervisor and stated that the purpose of the meeting tonight would be limited to the Eminent Domain circumstance relative to the Capri Motor Inn. He said the meeting would begin with a presentation by the Special Counsel to the Town from the firm of Certilman, Balin, Adler & Hyman, LLP. Allan Hyman of that firm will be making the presentation. The judge then told the property owner that following Mr. Hyman's presentation, his own attorney would be allowed the same opportunity. Following these two presentations, the public will have an opportunity to voice their thoughts regarding this Eminent Domain proceeding. * *** * ** * * * ** PUBLIC HEARING CASE NUMBER 30958 Pursuant to N.Y. Eminent Domain Procedure Law, Article 2, Section 203 regarding 434 Hempstead Turnpike - WEST HEMPSTEAD - TOWN OF HEMPSTEAD APPEARANCES: Honorable Anthony Marano, Retired N.Y.S Supreme Court Justice and the Towns - 26 - January 30, 2024 CASE NO. 30958 - PUBLIC HEARING - Continued Special Hearing Officer; Allan Hyman, Special Counsel to Town Board; John Ellsworth ofNelson, Pope & Voorhis; Christian Brown, Esq. of McLaughlin & Stern (Attorney for the Property Owner); Felix Procacci; Legislator John Giuffe; Maureen Greenberg; Joseph Barbara Kaelty; Thomas Pitman; Joseph Kaskella (sp); Ralph DiBello TOWN ATTORNEY MACCARONE STATED THAT HE WOULD LIKE TO INDICATE THAT THE TOWN RECEIVED NO INDICATION FOR THE RECORD THAT MIGRANTS WERE PLACED AT THE SITE THAT THE FIRST TIME IT CAME UP WAS BY THE LAST TWO SPEAKERS No one else wishing to be heard on subject matter, it was A motion to close this meeting was made by Councilmember Muscarella, seconded by Councihnember Miller, and unanimously voted upon roll call that the public hearing be closed, and to keep the record open until March 1st , 2024 *** * * * * *** * * Judge Anthony Marano stated that he was closing this portion of the proceedings and thanked everyone for their cooperation. He reiterated that there will not be a vote tonight, and that the record will remain open until March F', 2024, to allow comments to be added to the record. He then suggested that he be allowed to make his recommendation to the Board on the use ofEminent Domain to acquire this parcel by March 3F', 2024. He also asked the board to make and publish a Determination ofFindings concerning any proposed public project for this property no later than May 28'\ 2024., in accordance with the Law ofEminent Domain. His final suggestions were to have the record of these proceedings held in the Town Attorney's Office, the Office of the Nassau County Clerk and the Town's website, in accordance with the Eminent Domain Procedural Law, Section 203. The public and Board Members were thanked for their participation and cooperation. HONORABLE ANTHONY MARANO RECOMMENDED TO KEEP THE RECORD OPEN UNTIL MARCH 1st , 2024 Deputy Supervisor Goosby thanked Judge Marano for his time and assistance this evening and asked for a motion as recommended by Judge Marano. Motion was made by Councilmember Muscarella, which was seconded by Councilmember Miller Deputy Supervisor Goosby thanked everyone who came this evening and for everyone's benefit we would arrange for evidence submitted tonight to be posted to the Town's website for public viewing and asked for a motion to adjourn. * * * *** ****** - 27 -  January 30, 2024 No further business to come before the Board, it was on motion of Councilmember Muscarella, seconded by Councilmember Miller, and unanimously voted upon roll call that the Meeting be ADJOURNED. ** * * * * ** *** * I th - 28 - ,