Town Board Agenda

STATED TOWN BOARD MEETING JULY2, 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, July 2, 2024 at 10:30 A.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, Councilmember THOMAS A. MUSCARELLA, Councilmember Members of the Town Board ABSENT: LAURA A. RYDER, Councilmember LATE ARRlVAL: KATE MURRAY, Town Clerk ALSO PRESENT: SUSAN M. POKALSKY, Deputy Town Clerk JOHN L. MACCARONE, Town Attorney JOHN MASTROMARINO, Town Comptroller Supervisor Clavin asked Councilmember Duune to lead the assemblage in the Pledge of Allegiance to our flag. Supervisor Clavin asked for a moment of silence for Councilmember Laura Ryder whose father passed away. He was a pillar in the Lynbrook community. * ** * * * * * * * * * PUBLIC HEARINGS CASE NUMBERS & RESOLUTIONS 31120 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit 723-2024 parking in SEAFORD & (NR) VALLEY STREAM (To amend Chapter 202 C/MI of the Code of the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Carini, seconded by Councilmember Miller, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 49-2024 ADOPTED, pursuant to Resolution No. 723-2024 * * * * * * * * * * * * 31121 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in 724-2024 ELMONT, LEVITTOWN, OCEANSIDE & WANTAGH (To amend Section MU/D 202-1 of the Code of the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was - 108 -  JULY2, 2024 CASE# 31121 - PUBLIC HEARING - Continued On motion of Councilmember Muscarella, seconded by Councilmember Dunne, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 50-2024 ADOPTED, pursuant to Resolution No. 724- 2024 ** * * * * * * * * * * 31122 Proposed Local Law Re: "ARTERIAL STOPS" in FRANKLIN SQUARE, 725-2024 LEVITTOWN, ROOSEVELT & WANTAGH (To amend Section 197-5 of MU/D the Code of the Town of Hempstead) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Councilmember Muscarella, seconded by Councilmember Dunne, and unanimously voted upon roll call that the public hearing be closed, and Local Law No. 51-2024 ADOPTED, pursuant to Resolution No. 725- 2024 * * ** * * * ** ** * 21527 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" - EAST 726-2024 MEADOW, ELMONT, UNIONDALE & (NR) VALLEY STREAM G/D (Bellmore Road, 116th Road, James Street, Emersqn Street, South Everett Street) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Deputy Supervisor Goosby, seconded by Councilmember Dunne, and unanimously voted upon roll call that the public hearing be closed, and "Handicapped Parking on Public Streets" ADOPTED, pursuant to Resolution No. 726-2024 * * * * * * * * * * * * 31116 Proposed enactment of Article XLIV of the Building Zone Ordinance to be HEARING BE titled "Rescission of the Transit-Oriented Development and related Districts KEPTOPEN30 for North Lawrence and Inwood" - TOWN OF HEMPSTEAD DAYS& DEC RES Steven Losquadro, Special Counsel to the Town, particularly MI/D regarding land use matters. Supervisor, Town Board, this relates to Article 18 of the Building Zone Ordinance "BZO" and that part of the BZO relates to districts in Inwood & North Lawrence, The Board, recognizing that this is not an ordinance, and not a local law, that it itself had voted on and put into effect wanted to make sure the best interest of the community was being taken into account, being that given the fact that (a) this district is 5 years old since it was initially enacted. (b) district itself had the potential for significant impacts in and around the Inwood & North Lawrence areas. Further, the board recognized that special care had to be taken under the State Environmental Quality Review Act, what we know as "S.E. Q.R" to make sure a hard look was being taken at potential impacts that could have come out of that zone. What the Board recognized, after hiring a well-known environmental consultant & expert, Nelson, Pope & Voorhis, to really take a deep dive into the enactment and the potential consequences of the zone. Not enough of - 109 - JULY2, 2024 CASE NO. 31116 - PUBLIC HEARING - Continued a hard look was taken at the time of the enactment of that zone from a S.E:Q.R perspective. Particularly with respect to certain impacts that could come out of the district. Further, the Board recognized that over a period of time, circumstances have changed. This was a zone as we mentioned not enacted by this board but put into effect previously. But, circumstances have changed, more congestion, more traffic, other environmental concerns that could come up over a period of time. And what the Board said and recognized was that recission of this zone would be more appropriate under the circumstances because environmental concerns were not looked at to the extent that they should 've been at the time that the zone & this Article 18 of the BZO was enacted. Now further, community members and other stakeholders have expressed those considerations to the Board as well. The board wishes to react to that by taking all those concerns and comments into account. By then considering recission & proposing a resolution that would invite discussion. Now what the Town has done is put forth a resolution which again is designed to invite discussion, to consider comments, to hear from stakeholders, community members, others who would have an interest in what the Town is considering. The Town Board is here today to listen. Nothing has been predetermined and what the Town wishes to do is come out of this process to consider a resolution that would rescind. Recognizing that there were certain applications made previously and there could be concerns of litigation and other factors that may relate to that. Taking all those things into account and again fundamentally that the Town Board recognized that not a hard enough environmentally was done in the past was to have people here today to open this for discussion and then keeping an open mind to consider how to move forward. Supervisor and members of the Town Board, that's what brings everyone here today with respect to Article 18 of the BZO and potential recission of that article. Supervision Clavin thanked Mr. Losquadro and stated that the board is considering, after the discussion, whether comments can be submitted online for people who could not attend today's meeting. Mr. Losquadro said the Board has expressed the willingness & desire to make sure that following this the fullest & fairness to be heard on this matter. APPEARANCES: Paris Popack; Rochelle Stern-Kimbelsen; Mike Penz; Eric Alexander; Layah Pinter; Dr. David Pinter; Mary Macafity; Mike Florio, Rep. of LI Builders Institute; Jacqueline Mandel; Brian Kearney, President of Steamfitters Local 638 Union; Mo English; Sam Nahmias, Mayor, Village of Lawrence; Jaime Azcona; Judith Bernstein; Dean Boyer; Esq., behalf ofHRK Mgmt.; Eliezer Katz; Sheldon Golombeck; Mildred Small; Sherree Belsky; Adam Mayer; Philip Beidler; Joseph Disco; Martin Oliner; Annmarie DiSalvo; Gerald Castro; Chet Pietrzak; Ray Goger; Brian Nigro; Alexander Novak; Kevin Schuckman; John Todisco; Martin Oliner, Former Mayor - Village of Lawrence; Annmarie DiSalvo; Geraldo Castro, Village Admin. - Village of Lawrence; Chet Pietrza; Ray Goger, Business Agent - Local 638; Brian Nigro - Rep. Sheet workers Local 28; Alexander Novak, Esq; Evan Schuckman; John Tudisco; Meta J. Mereday; Joseph Lipchitz; Regina Todd; Michael DeRosa; Imtiaz Khan [submitted photographs to be made part of the record]; Ruth Knobel; [Supervisor Clavin requested a 5 min recess & Town Clerk Murray joined the meeting] Daisy Salmon; Derrick Stein; Kevin Kelley; Elizabeth McGlone; Jack Majkut; Rich Brzeski; Trudy Stern, Esq. - 110-  JULY2, 2024 CASE NO. 31116 - PUBLIC HEARING - Continued [submitted documents to be made part of the record]; Esther Minsky Salmon; Joe Tudisco; Diane Madden No one else wishing to be heard on subject matter, it was On motion of Councilmember Miller, seconded by Councilmember Dunne, and unanimously voted upon roll call that the public hearing BE KEPT OPEN FOR 30 DAYS & RESERVE DECISION * * * * * * * * * * * * 26047 Resolution- Adopting a S.E.Q.R negative declaration and determination of 727-2024 non-significance in connection with an application for a Special Exception for G/D a parcel ofland located at 1201 Front Street in UNIONDALE - TOWN OF HEMPSTEAD (FRONT ST. MUFFLERS, TIRES AND AUTO REP AIR, INC.) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Deputy Supervisor Goosby, seconded by Councilmember Dunne, and unanimously voted upon roll call that the public hearing be closed, and ADOPTED, pursuant to Resolution No. 727-2024 * * * * * * * * * * * * 26047 DECISION: Application ofFRONT ST. MUFFLERS, TIRES AND AUTO 728-2024 REPAIR, INC. for a Special Exception (Public Garage) change of use from a GRANTED gasoline station to an auto repair/public garage and to maintain the current use G/D as an auto repair- UNIONDALE - n/w/c Front Street & Pamlico Avenue (FRONT ST. MUFFLERS, TIRES AND AUTO REPAIR, INC.) * * * * * * * * * * * * 26047 Resolution - Accepting a Declaration of Restrictive Covenants in connection 729-2024 with application of FRONT ST. MUFFLERS, TIRES AND AUTO REPAIR, G/D INC. for a Special Exception (Public Garage) change of use from a gasoline station to an auto repair/public garage and to maintain the current use as an auto repair- UNIONDALE - n/w/c Front Street & Pamlico Avenue (FRONT ST. MUFFLERS, TIRES AND AUTO REP AIR, INC.) APPEARANCES: NONE No one wishing to be heard on subject matter, it was On motion of Deputy Supervisor Goosby, seconded by Councilmember Dunne, and unanimously voted upon roll call that the public hearing be closed, and ADOPTED, pursuant to Resolution No. 729-2024 * * ** * * * * * * * * ADMINISTRATIVE CALENDAR 6542 Resolutions (8) - Ratifying & confirming emergency posed by threat of imminent danger & authorizing Special Assessment regarding an unsafe tree, open and abandoned one family dwellings & commercial buildings - DEPT. OF BUILDINGS - (CIPCO BOARDING CO., LONG ISLAND TREE & LANDSCAPE SERVICES, INC.) - 111 - JULY2, 2024 CASE NO. 6542 - Continued 730-2024 EAST MEADOW (1460 Tyler Avenue) 731-2024 ELMONT (300A Meacham Avenue) 732-2024 MERRICK (2216 Brooklyn Avenue) 733-2024 UNIONDALE (26 Stanton Boulevard) 734-2024 UNIONDALE (799 Park Place) 735-2024 UNIONDALE (899 Jerusalem Avenue) 736-2024 (NR) VALLEY STREAM (21 Seaton Place) 737-2024 (NR) WESTBURY (1104 Washington Avenue) GID 2964 Resolution -Authorizing the Town of Hempstead to renew an annual 738-2024 maintenance agreement with Cummins-Allison Corporation for currency G/D counters - OFFICE OF THE RECEIVER OF TAXES (CUMMINS-ALLISON CORPORATION) 29734 Resolution - Authorizing an amendment to Resolution No. 409-2022 awarding 739-2024 TOH for yearly requirements for leasing of new digital copiers - DIVISION GID OF PURCHASING (LESLIE DIGITAL IMAGING, LLC) CONTRACT# 11-2022 24824 Resolution -Authorizing the commissioner of the Town of Hempstead 740-2024 Department of Occupational Resources to execute a contract for In- School G/D Youth Program Services between the Town of Hempstead Department of Occupational Resources and Career and Employment Options, Inc. - DEPT. OF OCCUPATIONAL RESOURCES (CAREER AND EMPLOYMENT OPTIONS, INC. "CEO") 24824 Resolution -Authorizing the commissioner of the Town of Hempstead 741-2024 Department of Occupational Resources to execute a contract for Information G/D Technology - Database Management and Development, Local Area Network Administration and Web Development Consulting Services between the Town of Hempstead Department of Occupational Resources and Diversified Micro Systems, Inc. - DEPT. OF OCCUPATIONAL RESOURCES (DATABASE MANAGEMENT AND DEVELOPMENT, LOCAL AREA NETWORK ADMINISTRATIVE AND WEB DEVELOPMENT CONSULTING SERVICES) 24824 Resolution - Authorizing the commissioner of the Town of Hempstead 742-2024 Department of Occupational Resources to execute a contract for Outreach Job GID and Training Materials Development Services between the Town of Hempstead Department of Occupational Resources and iHeart Media - DEPT. OF OCCUPATIONAL RESOURCES (IHEART MEDIA) 24824 Resolution - Authorizing the commissioner of the Town of Hempstead 743-2024 Department of Occupational Resources to execute a contract for Outreach Job G/D and Training Materials Development Services between the Town of Hempstead Department of Occupational Resources and Cox Media Group - DEPT. OF OCCUPATIONAL RESOURCES (COX MEDIA GROUP) 31130 Resolution - Accepting a proposal for business access services for the Town of 6473 Hempstead - TOWN OF HEMPSTEAD (INFOUSA MARKETING, INC. a 744-2024 subsidiary of DATA AXLE, INC.) G/D - 112 -  JULY2,2024 6473 Resolution - Authorizing reimbursements for annual Juneteenth celebrations - 745-2024 TOWN OF HEMPSTEAD G/D 14822 Resolution - Authorizing payment to remove and reset an existing storm water 746-2024 drainage outfall pipe and materials located at 3424 Colony Drive - BALDWIN G/D DEPT. OF ENGINEERING (DRG MARINE CONSTRUCTION) APPEARANCE: Meta J. Mereday 29910 Resolution - Authorizing the ratification and affirmation of various instructor 747-2024 agreements in conjunction with the Department of Parks and Recreation's G/D "Sunnner 2024 Sport Programs" - DEPT. OF PARKS & RECREATION 29910 Resolution - Authorizing the ratification and affirmation of various artist 748-2024 agreements in conjunction with the "Town's 2024 Concert Series" - DEPT. G/D OF PARKS &RECREATION 21943 Resolution - Authorizing the Town of Hempstead to accept a donation in the 16531 amount of $10,000.00 from Horizon Scripted Television, Inc. c/o SilverCup 749-2024 Studios - DEPT. OF PARKS & RECREATION (HORIZON SCRIPTED GID TELEVISION, INC. c/o SILVERCUP STUDIOS) 16531 Resolution - Authorizing the Town of Hempstead to accept a donation from 11377 the Anchor Program Fund, Inc. of a portable bathroom for use during "Camp 750-2024 Anchor's 2024 Sunnner Season" - DEPT. OF PARKS & RECREATION GID (ANCHOR PROGRAM FUND, INC.) 5021 Resolution - Amending TBR No. 717-2022 regarding property approved for 751-2024 Inclusion in the "GSS" District and for a permit to install gasoline storage G/D tanks located at 510 Uniondale Avenue - UNIONDALE. - DEPT. OF BUILDINGS (UNITED GAS CORP.) APPEARANCE: Meta J. Mereday 18081 Resolution - Declaring vehicles and equipment of the Town of Hempstead 752-2024 Department of Water obsolete and authorizing disposal thereof - DEPT. OF G/D WATER 6085 Resolution - Authorizing the renewal oflicensing agreements authorizing the 753-2024 execution of an ordering document from Oracle America, Inc. - TOWN OF GID HEMPSTEAD (ORACLE AMERICA, INC.) 16452 Resolution - Authorizing the Office of the Town Attorney to renew the 754-2024 Town's fire, multi-peril and flood insurance policies and public safety GID insurance and to pay the associated premiums - TOWN OF HEMPSTEAD (MARSH USA, INC.) APPEARANCE: Meta J. Mereday 30760 Resolution - Authorizing an agreement between the Merrick Fire Protection 4939 District and the Friendship Engine and Hose Co. of the Merrick Fire 755-2024 Department - DEPT. OF GENERAL SERVICES (MERRICK FIRE G/D PROTECTION DISTRICT, FRIENDSHIP ENGINE & HOSE, CO. & VILLAGE OF FREEPORT) - 113 - JULY2, 2024 28619 Resolution - Authorizing sponsorship payment to the Chabad of the Five 756-2024 Towns for the third annual Hannukah Community Wide Concert - TOWN OF G/D HEMPSTEAD 7 Resolution-Amending Resolution No.71 - 2024 Re: Various offices positions & occupations in the Town Government of the Town ofHernpstead 29264 757/1-2024 CAPUTO, NICHOLAS (DEPT. OF PARKS & RECREATION) 30479 757/2-2024 COMMISSO, ROCCO (DEPT. OF CONSERVATION & WATERWAYS) 25635 757/3-2024 COZELINO, MATTHEW (DEPT. OF TRAFFIC CONTROL) 29002 757/4-2024 ERFAN, DANIYAL (DEPT. OF SENIOR ENRICHMENT) 26727 757/5-2024 FRANK, PATRICIA (DEPT. OF PLANNING & ECONOMIC DEVELOPMENT) 29807 757/6-2024 GALLIPOLI, FRANK (DEPT. OF BUILDINGS) 29565 757/7-2024 GIUGLIANO, ANGELO (DEPT. OF BUILDINGS) 29566 757/8-2024 GUANDO, PETER (DEPT. OF CONSERVATION & WATERWAYS) 30627 757/9-2024 HIRSCH, MATTHEW (DEPT. OF PLANNING & ECONOMIC DEVELOPMENT) 31123 757/10-2024 HOYT, ALYSSA (DEPT. OF PARKS & RECREATION) 31131 757/11-2024 MELLEN, AVA (DEPT. OF PARKS & RECREATION) 27833 757 /12-2024 MURRAY, NANCY (DEPT. OF BUILDINGS) 30466 757/13-2024 PIZZOLO, CHANDLER (BOARD OF APPEALS) 29512 757/14-2024 ROBINSON, NICOLE (TOWN CLERK) 29126 757/15-2024 RYAN ELAINE (DEPT. OF SENIOR ENRICHMENT) 29616 757/16-2024 SCOPELITIS, DREW (DEPT. OF BUILDINGS) 28066 757/17-2024 SYED, ZAHID (DEPARTMENT OF GENERAL SERVICES, Administration) 31132 757/18-2024 THIND, AMANINDER (DEPARTMENT OF GENERAL SERVICES, G/D Administration) APPEARANCES: Diane Madden 31126 Resolution Calling for a Public Hearing on AUGUST 6, 2024 758-2024 Proposed Local Law Re: "REGULATIONS AND RESTRICTIONS" to limit G/D parking in ROOSEVELT - (To amend Chapter 202 of the Code of the Town of Hempstead) 31127 Resolution Calling for a Public Hearing on AUGUST 6, 2024 759-2024 Proposed Local Law Re: "PARKING OR STANDING PROHIBITIONS" in G!D EAST MEADOW, INWOOD & WEST HEMPSTEAD - (To amend Section 202-1 of the Code of the Town of Hempstead) - 114 -  JULY2, 2024 31128 Resolution Calling for a Public Hearing on AUGUST 6, 2024 760-2024 Proposed Local Law Re: "ARTERIAL STOPS" in FRANKLIN SQUARE & G/D LEVITTOWN - (To amend Section 197-5 of the Code of the Town of Hempstead) 31129 Resolution Calling for a Public Hearing on AUGUST 6, 2024 761-2024 Proposed Local Law Re: TRAFFIC REGULATIONS IN THE VICINITY OF G/D SCHOOLS "in MERRICK- (To amend Section 197-13 of the Code of the Town of Hempstead) 21527 Resolution Calling for a Public Hearing on AUGUST 6, 2024 762-2024 Proposed "HANDICAPPED PARKING ON PUBLIC STREETS" - G/D MERRICK & ROOSEVELT - (Hewlett Avenue, Pennsylvania Avenue) No further business to come before the Board, it was on motion of Deputy Supervisor Goosby, seconded by Councihnember Dunne, and unanimously voted upon roll call that the meeting be ADJOURNED. * * * * * * * * * * * * eo - 115 -