Item Coversheet






Supervisor Bosworth offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

RESOLUTION NO. 65 - 2018

A RESOLUTION AUTHORIZING THE EXECUTION OF AN ORDER ON CONSENT WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

        WHEREAS, by Notice of Violation dated November 22, 2016, the New York State Department of Environmental Conservation (the “NYSDEC”) has alleged that the Town of North Hempstead (the “Town”) violated various sections of the Environmental Conservation Law (“ECL”), specifically, sections 33-0905(1), 33-1301(8), 33-1205(1), 6 NYCRR section 325.25 and 6 NYCRR section 325.7(a); and

 

        WHEREAS, the NYSDEC alleged that the Town violated the ECL by allowing the unlawful commercial application of pesticides by a Town employee without certification and by failing to keep accurate records of its commercial pesticide applications (the “Alleged Violations”); and

 

        WHEREAS, in resolution of the Alleged Violations, NYSDEC has proposed an Order on Consent (the “Order on Consent”) in which the Town agrees to the imposition of a fine (the “Fine”) in the amount of Five Hundred and 00/100 Dollars ($500.00); and

 

        NOW, THEREFORE, BE IT

 

        RESOLVED that the Board hereby authorizes the Town to agree to and execute the Order on Consent, which shall be placed on file in the Office of the Town Attorney; and be it further

 

        RESOLVED that the Supervisor or Deputy Supervisor be and each is authorized to execute the Order on Consent on behalf of the Town; and be it further

 

        RESOLVED that the Office of the Town Attorney be and hereby is authorized and directed to negotiate and supervise the execution of said order and is authorized to take such other action as may be reasonable and necessary to effectuate the foregoing; and

 

        RESOLVED that the Comptroller is hereby authorized and directed to pay the Fine upon receipt of a duly executed Order on Consent.

 

Dated:        Manhasset, New York

 

                   January 30, 2018

 

The vote on the foregoing resolution was recorded as follows:

 

Ayes:  Councilperson De Giorgio, Councilperson Ferrara, Councilperson Kaplan, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth  

 

Nays:  None

 

 

cc:        Town Attorney,        Comptroller