TOWN OF OYSTER BAY TOWN BOARD REGULAR MEETING September 23, :00 P.M.

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1 TOWN OF OYSTER BAY TOWN BOARD REGULAR MEETING September 23, :00 P.M. NOTE: ANYONE WISHING TO ADDRESS THE TOWN BOARD ON ANY PUBLIC HEARING IS REQUIRED TO FILL OUT A PERSON S INTENDING TO SPEAK FORM, WHICH MAY BE OBTAINED FROM THE TOWN CLERK. PLEASE RETURN COMPLETED FORM TO THE TOWN CLERK. AT THE CONCLUSION OF THE PUBLIC HEARINGS, THE TOWN BOARD WILL CONSIDER THE ACTION CALENDAR. AT THE CONCLUSION OF THE ACTION CALENDAR, ANYONE MAY ADDRESS THE TOWN BOARD RELATED TO ANY MATTER UPON FILLING OUT A PERSON S INTENDING TO SPEAK FORM, WHICH MAY BE OBTAINED FROM THE TOWN CLERK. PLEASE RETURN COMPLETED FORM TO THE TOWN CLERK AND YOU WILL BE CALLED AT THE APPROPRIATE TIME. * * * * * HEARING Z-2-08 To consider the application of FIRST HARTFORD REALTY CORP., lessee, and S & V ENTERPRISES, LLC, fee owner, for a Change of Zone from and R1-7 District (One Family Residence) to an NB District (Neighborhood Business), to construct a CVS with drive-thru at 399 Jerusalem Avenue, Hicksville, New York. (Hearing continued from August 5, 2008). HEARING P-1-08 A rehearing limited to the hours of operation on an application from FIRST HARTFORD REALTY CORP., REP 755 REAL ESTATE, LLC fee owner of Section 46, Block G, Lot 39 and REP 777 REAL ESTATE, LLC, fee owner of Section 46, Block G, Lot 40, for a Special Use Permit, to construct a 12,900 square foot CVS pharmacy with mezzanine and drive-thru, in an LI District, (Light Industry on property located at 777 South Oyster Bay Road, Bethpage, New York. (M.D. 9/2/08 #14) HEARING Empire Zone To consider the application from Nassau Candy Distributors, Inc., for Empire Zone Designation and for Declaration as a Regionally Significant Project. (M.D. 8/5/08 #27). * * * * * PERSONNEL RESOLUTION NOS. P -08 to P -08 and PA -08 to PA -08 Resolutions related to personnel of various departments within the Town of Oyster Bay. TRANSFER OF FUNDS RESOLUTION NO. TF Resolution relating to Transfer of Funds within various departments accounts for the Year 2008.

2 TRANSFER OF CAPITAL FUNDS RESOLUTION NO. CF Resolution relating to Transfer of Capital Funds within various departments accounts for the Year * * * * * RESOLUTION NO Resolution approving the employment of musician services for the CAPA Program events at various locations and dates. (M.D. 9/9/08 #4). RESOLUTION NO Resolution authorizing the 9 th Annual Supervisor s Golf Day on September 17, 2008 and October 21, 2008 and to accept sponsorships for this event. (M.D. 9/9/08 #5). RESOLUTION NO Resolution authorizing the waiver of all beach parking fees pursuant to Resolution No on September 14, 2008 for the Department of Community and Youth Services free concert at TOBAY Beach. (M.D. 9/9/08 #6). RESOLUTION NO Resolution authorizing the issuance of a refund of a pool membership fee at Marjorie R. Post Community park pool to K. Padron. (M.D. 9/9/08 #7). RESOLUTION NO program fee at Ellsworth Allen Park to E. Marjarita. (M.D. 9/9/08 #8). RESOLUTION NO program fee at Ellsworth Allen Park to C. Lichtenstein. (M.D. 9/9/08 #9). RESOLUTION NO program fee at Plainview-Old Bethpage Community Park to R. Macri. (M.D. 9/9/08 #10). RESOLUTION NO program fee at Plainview-Old Bethpage Community Park to W. Smith. (M.D. 9/9/08 #11). RESOLUTION NO program fee at Marjorie R. Post Community Park to J. Diehl. (M.D. 9/9/08 #12). 2

3 RESOLUTION NO program fee at Syosset-Woodbury Community Park to A. Palermo. (M.D. 9/9/08 #13). RESOLUTION NO program fee at Syosset-Woodbury Community Park to Ms. Bartolone. (M.D. 9/9/08 #14). RESOLUTION NO program fee at Syosset-Woodbury Community Park to S. Saraniti. (M.D. 9/9/08 #15). RESOLUTION NO program fee at Theodore Roosevelt Memorial Park to M. Mejia. (M.D. 9/9/08 #16). RESOLUTION NO program fee at Marjorie R. Post Community Park to M. Ibrahim. (M.D. 9/9/08 #17). RESOLUTION NO Resolution authorizing the issuance of a refund of a pool membership fee at Syosset-Woodbury Community Park to D. Krinsky. (M.D. 9/9/08 #18). RESOLUTION NO Resolution authorizing the Supervisor and/or the Deputy Supervisor to execute any or all documents related to State Grant Funding from the Dormitory Authority for the reconstruction and renovation of the north barn at the Littauer property in Oyster Bay Cove under the New York State Economic Development Assistance Program. (M.D. 9/9/08 #23). RESOLUTION NO Resolution authorizing the Supervisor to enter into an amended agreement with the New York State Department of State in order to extend the term of the original agreement for the Mill River Watershed Study through December 31, (M.D. 9/9/08 #24). RESOLUTION NO Resolution authorizing a one-year extension of the agreement between the Town of Oyster Bay and Munitrax, Inc., (formerly known as Real Property Technologies, LLC) d/b/a Primary FOIL Services (PFOIL) commencing on October 1, 2008 through September 30, 2009 at no cost to the Town related to online Tax viewing and payment renewal option. (M.D. 9/9/08 #26). 3

4 RESOLUTION NO Resolution authorizing the issuance of a refund of a building permit extension fee to L. David. (M.D. 9/9/08 #28). RESOLUTION NO Resolution authorizing the issuance of a refund of a building permit extension fee to J. Hatsis. (M.D. 9/9/08 #29). RESOLUTION NO Resolution amending Resolution No in order to increase the estimated value of the plaque. (M.D. 9/9/08 #73). RESOLUTION NO Resolution granting request of the Farmingdale Fire Department and the Incorporated Village of Farmingdale for Town assistance in conducting their 20 th Annual Columbus Weekend Fair and to use two roll off containers for the event. (M.D. 9/9/08 #42 & 43). RESOLUTION NO Resolution authorizing emergency services relative to the closing of the Hicksville Parking Garage. (M.D. 9/9/08 #44). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC 19-08, on-call consultant service request for structural engineering, Hicksville Parking Garage. (M.D. 9/9/08 #45). RESOLUTION NO Resolution authorizing an increase in engineering related to construction phase of Contract No. DP , Bethpage Ice Skating Facility. (M.D. 9/9/08 #46). RESOLUTION NO Resolution authorizing the award of Contract No. H , Milling and Resurfacing of various Town of Oyster Bay Roads. (M.D. 9/9/08 #47). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC 12-08, on-call consultant service request for technical assistance relative to Environmental Science, Noise Investigations and Revisions to Town Noise Code. (M.D. 9/9/08 #48). RESOLUTION NO Resolution authorizing an increase in engineering for Contract No. DPW06-930, Stormwater Management Plan. (M.D. 9/9/08 #49). 4

5 RESOLUTION NO Resolution authorizing the increase in engineering for Contract NO. DP06-944, relative to construction phase for the Hicksville Athletic Building. (M.D. 9/9/08 #50). RESOLUTION NO Resolution approving Change Order No. 2 related to project site conditions for Contract No. DP06-944R GC, Hicksville Athletic Building. (M.D. 9/9/08 #51). RESOLUTION NO Resolution authorizing the use of a sub-consultant for Contract No. H Phase II for surveying relative to the Stormwater Drainage and Highway Improvements to the Cornell Lane Area, Phase II, Hicksville, New York. (M.D. 9/9/08 #72). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC , on-call consultant service request related to Construction Management to provide technical services related to plans for steel bulkhead at 35 Pirates Cove. (M.D. 9/9/08 #54). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC 09-08, on-call consultant service request for technical assistance relative to site development, synthetic turf athletic field, John J. Burns Park. (M.D. 9/9/08 #55). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC , on-call consultant service request for technical assistance relative to project management of multi-discipline projects. (M.D. 9/9/08 #56). RESOLUTION NO Resolution amending Resolution No , to authorize on-call technical assistance for Contract No. PWC 29-04, relative to site development related to paving at various Town Parks. (M.D. 9/9/08 #57). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC , on-call consultant service request related to technical assistance relative to contract administration for the Marjorie R. Post Park Pre-School. (M.D. 9/9/08 #58). RESOLUTION NO Resolution authorizing Change Order No. 1 for Contact NO. DP H, construction of the Bethpage Ice Skating Facility Phase 3 related to HVAC. (M.D. 9/9/08 #64). 5

6 RESOLUTION NO Resolution authorizing Change Order No. 2 for Contact No. DP EL, construction of the Bethpage Ice Skating Facility Phase 3 related to Electrical. (M.D. 9/9/08 #65). RESOLUTION NO Resolution authorizing Change Order No. 2 for Contact No. DP P, construction of the Bethpage Ice Skating Facility Phase 3 related to Plumbing. (M.D. 9/9/08 #66). RESOLUTION NO Resolution authorizing Change Order No. 1 for Contact No. H01-839, construction of speed awareness devices on Broadway, Massapequa, New York. (M.D. 9/9/08 #67). RESOLUTION NO Resolution amending Resolution Nos and , related to Contract No. H00-833, Stormwater Drainage and Highway Improvements to the Cornell Lane Area, Phase II, Hicksville, New York. (M.D. 9/9/08 #68). RESOLUTION NO Resolution authorizing the use of a sub-consultant for Contract No. PWC , on-call site development, Parks Playground Certifications. (M.D. 9/9/08 #69). RESOLUTION NO Resolution authorizing the use of a sub-consultant for Contract No. PWC 41-08, on-site soil testing services related to the Half-Way House at the Town of Oyster Bay Golf Course. (M.D. 9/9/08 #70). RESOLUTION NO Resolution authorizing the use of a sub-consultant for Contract No. PWC 41-08, on-site topographic surveying related to the Half-Way House at the Town of Oyster Bay Golf Course. (M.D. 9/9/08 #71). RESOLUTION NO Resolution authorizing the award of construction contract, Contract No. DP07-945, installation of Synthetic Turf Fields at John J. Burns Park. (M.D. 9/9/08 #52 & 9/16/08 #31). RESOLUTION NO Resolution authorizing an extension of the Parks and Beach Food and Beverage Service Agreement. (M.D. 9/9/08 #74 & 9/16/08 #11). RESOLUTION NO Resolution authorizing the advertisement of a Request for Proposal related to Computer Workshops. (M.D. 9/9/08 #25). 6

7 RESOLUTION NO Resolution directing the Town Clerk to advertise a Notice of Application on the dock permit application of Francis and Gail Antetomaso to erect, maintain, improve, and/or repair a dock, float, bulkhead or other mooring on premises located at 1 Dolphin Drive, Massapequa, New York. (M.D. 9/9/08 #32). RESOLUTION NO Resolution directing the Town Clerk to advertise a Notice of Hearing on the Taxicab/Limousine Owner s License Renewal Application for Mid Island Taxi Corp., Frank Margiotta, President. Hearing date: October 28, 2008 at 10:00 a.m. (M.D. 9/9/08 #39). RESOLUTION NO Resolution directing the Town Clerk to advertise a Notice of Hearing on the Taxicab/Limousine Driver s License Application for Donna L. Sunday. Hearing date: November 18, 2008 at 10:00 a.m. (M.D. 9/9/08 #40). RESOLUTION NO Resolution directing the Town Clerk to advertise a Notice of Hearing on the Taxicab/Limousine Driver s License Application for Peter E. Motal. Hearing date: November 18, 2008 at 10:00 a.m. (M.D. 9/9/08 #41). RESOLUTION NO Resolution authorizing the Town Clerk to advertise a Notice of Hearing on the proposed Local Law entitled: A Local Law to Amend the Code of the Town of Oyster Bay, New York so as to Amend Chapter 246 Zoning, Chapter 192 Secondhand Dealers and to add a New Chapter 94 Collateral Loan Brokers, so as to allow Collateral Loan Brokers to operate in the Town of Oyster Bay as a Permitted Principal use in the Central Business (CB) and General Business (GB) Districts, including a definition of such use and standards related thereto as well as to set forth Licensing requirements and Procedures. Hearing date: November 18, 2008 at 10:00 a.m. (M.D. 9/9/08 #38). RESOLUTION NO Resolution pertaining to the decision on the Amendments to the Code of the Town of Oyster Bay Chapter 233 Motor Vehicles and Traffic - pertaining to parking, stopping, crossing, loading zones, thru traffic trucking operations and other traffic regulations. Hearing held: September 16, (M.D. 9/16/08 #6). 7

8 SUSPEND THE RULES AND ADD THE FOLLOWING: RESOLUTION NO Resolution authorizing a Town cleanup of 45 Club Drive, Massapequa, New York, pursuant to Chapter 182 of the Code of the Town of Oyster Bay. (M.D. 9/16/08 #23). RESOLUTION NO Resolution authorizing the retention of outside special counsel for on-going litigation entitled, Julie Lamothe and Justin Lamothe v. Town of Oyster Bay, et. al. (M.D. 9/16/08 #25). RESOLUTION NO Resolution authorizing the encumbrance of funds for Contract No. PWC 11-08, on-call consultant service request for project analysis for TEQR. (M.D. 9/16/08 #34). 8