PUBLIC HEARING A G E N D A TOWN BOARD MEETING …
Transcript of PUBLIC HEARING A G E N D A TOWN BOARD MEETING …
PUBLIC HEARING A G E N D A
TOWN BOARD MEETING
DECEMBER 2, 2020
1. A PUBLIC HEARING ON AUTHORIZING THE SUPERVISOR TO ENTER INTO
FIRE PROTECTION AND AMBULANCE DISTRICT CONTRACTS
2. A PUBLIC HEARING ON AMENDING CHAPTER 133 TO THE BABYLON TOWN
CODE (SOLID WASTE MANAGEMENT)
3. A PUBLIC HEARING ON AMENDMENTS TO CHAPTER 3, ARTICLE II,
SECTION 3-4 OF THE TOWN OF BABYLON UNIFORM CODE OF TRAFFIC
ORDINANCES
TOWN BOARD MEETING
DECEMBER 2, 2020
AGENDA
745. ACCEPTING TOWN BOARD MINUTES
746. ACCEPTING THE CONTRACT WITH SAVIK & MURRAY, A DIV. OF DCAK-
MSAFOR RFP NO. 18G20, FOR APPLICATION PREPARATION, ENGINEERING,
DESIGN, BID PREPARATION, ETC. FOR THE ARACA ROAD (DALTON POINT)
SHORELINE STABILIZATIONAS COMPLETE AND ACCEPTABLE
747. ACCEPTING A CREDIT AND ACCEPTING THE CONTRACT WITH ATLANTIC
COAST DOCK CONSTRUCTION CORP. FOR BID NO. 19G6, SHORELINE
STABILIZATION OF ARACA ROAD (DALTON POINT AS COMPLETE &
ACCEPTABLE)
748. AUTHORIZING CHANGE ORDER NO. 2, IMPROVEMENTS TO WATER & FIRE
PROTECTION SYSTEMS AT GILGO/WEST GILGO
749. AUTHORIZING A CONTRACT WITH SELECT EXTERMINATING D/B/A BYE-BYE
BIRDIE
750. AUTHORIZING A CONTRACT WITH LiRo ENGINEERS, INC.
751. AUTHORIZING THE RELEASE OF ENCUMBRANCES FOR VARIOUS CONTRACTS
752. AUTHORIZING AN AMENDMENT IN THE CONTRACT WITH NELSON + POPE
FOR RFP NO. 18G33, REQUEST FOR PROPOSALS FOR ARCHITECTURAL,
ENGINEERING, DESIGN, BID PHASE SERVICES, CONSTRUCTION
ADMINISTRATION AND INSPECTION SERVICES FOR OAK BEACH SHORLINE
STABILIZATION & ROADWAY IMPROVEMENTS
753. AUTHORIZING A CONTRACT WITH H2M
754. AUTHORIZING A CONTRACT WITH L.K. MCLEAN ASSOCIATES, P.C.
755. AUTHORIZING A CONTRACT WITH MUNICIPAL AUDIT SERVICES, LLC
756. AUTHORIZING A CONTRACT WITH NELSON + POPE
757. AUTHORIZING THE SUPERVISOR TO ENTER INTO FIRE PROTECTION AND
AMBULANCE DISTRICT CONTRACTS
758. AMENDING RESOLUTIONS
759. AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT BETWEEN
WEST BABYLON UFSD AND THE TOWN OF BABYLON
760. ADOPTING THE RECORDS RETENTION AND DISPOSITION SCHEDULE FOR NEW
YORK LOCAL GOVERNMENT RECORDS (LGS-1) IN ACCORDANCE WITH
ARTICLE 57-A OF N.Y.S. ARTS & CULTURAL AFFAIRS LAW AND 8-CRR-NY
PART 185 RECORDS OF PUBLIC CORPORATIONS
761. AUTHORIZING 2020 BUDGET MODIFICATION
762. AUTHORIZING 2020 INTERFUND TRANSFER
763. AUTHORIZING RELEASE OF BOND
764. AUTHORIZING REFUND OF FEES
765. AUTHORIZING REFUND OF FEES DEPARTMENT OF PARKS, RECREATION &
CULTURAL AFFAIRS
766. ACCEPTING A DONATION
767. AUTHORIZING THE CEREMONIOUS CHANGING OF A STREET NAME
768. ADOPTING LOCAL LAW NO. ___OF 2020 AMENDING CHAPTER 133 (SOLID
WASTE MANAGEMENT)
769. ADOPTING AMENDMENTS TO CHAPTER 3, ARTICLE II, SECTION 3-4 OF THE
TOWN OF BABYLON UNIFORM CODE OF TRAFFIC ORDINANCES
770. APPROVING VARIANCE REQUEST FOR COASTAL EROSION HAZARD AREA
APPPLICATION NO. 2020-03, CARL CURCIO, LOT 91, OAK BEACH SCTM NO.
0100-243.00-01.00-093.000
771. AUTHORIZING THE EMERGENCY BOARD UP AND SECURING OF UNSAFE
STRUCTURE, LOCATED AT 61 S 32ND STEET, WHEATLEY HEIGHTS, NY 11798
SCTM NO. 0100-054.00-02.00-007.001
772. AUTHORIZING THE EMERGENCY BOARD UP AND SECURING OF UNSAFE
STRUCTURE, LOCATED AT 32 MANOR LANDE, COPIAGUE, NY 11726 SCTM NO.
0100-192.00-03.00-045.000
773. APPOINTING TOWN OF BABYLON REPRESENTATIVE FOR THE SUFFOLK
COUNTY ZOMBIE HOME CRISIS TASK FORCE
774. AUTHORIZING A CONTRACT WITH RLT ENGINEERING, GEOLOGY, AND LAND
SURVEYING, P.C.
775. AUTHORIZING THE SUPERVISOR TO SIGN THE AMERICAN VENICE MARKET
PERMIT FOR S/S SR-27A, E OF 1350 MONTAUK HWY, LINDENHURST, NY 11757-
S/E/C MIRAMARBLVD. & 27A (FRONTAGE TO 1300-1310 MONTAUK HIGHWAY)
776. AUTHORIZING THE TOWN BOARD TO ADD PUBLIC HYDRANTS IN
WYANDANCH TO THE TOWN’S PUBLIC BILLING PURSUANT TO THE
REQUIREMENTS OF THE SUFFOLK COUNTY WATER AUTHORITY
RESOLUTION NO. 745 DECEBMBER 2, 2020
ACCEPTING TOWN BOARD MINUTES
The following resolution was offered by Council
and seconded by Council
BE IT RESOLVED, by the Town Board of the Town of Babylon that the minutes of the
following Town Board Meeting be and the same are hereby accepted:
November 18, 2020
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 746 DECEMBER 2, 2020
ACCEPTING THE CONTRACT WITH
SAVIK & MURRAY, A DIV. OF DCAK-MSAFOR RFP NO. 18G20, FOR APPLICATION
PREPARATION, ENGINEERING, DESIGN, BID PREPARATION, ETC. FOR THE ARACA
ROAD (DALTON POINT) SHORELINE STABILIZATIONAS COMPLETE AND ACCEPTABLE
The following resolution was offered by
and seconded by
WHEREAS, RFP No. 18G20 For Application Preparation, Engineering, Design, Bid Preparation, Etc.
For The Araca Road (Dalton Point) Shoreline Stabilizationwas awarded to Savik & Murray, a div. of DCAK-
MSA for a total contract amount of FIFTY SEVEN THOUSAND, THREE HUNDRED EIGHTY FIVE
DOLLARS ($57,385.00) pursuant to Resolution No.309 of April 11, 2018; and
WHERAS, this project is part of the Governor’s Office of Storm Recovery (GOSR) mitigation projects;
and
WHEREAS, all procurement guidelines set forth by Governor’s Office of Storm Recovery (GOSR)
have been complied with; and
WHEREAS, the Administrative Assistant of the Department of General Services, Deputy
Commissioner of the Department of Public Works and LiRo Program & Construction Management, PE,
P.C., have deemed all work performed by Savik & Murray, a div. of DCAK-MSA pursuant to RFP 18G20
as acceptable and complete;
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendations of the Admistrative Assistant of the Department
of General Services, the Deputy Commissioner of the Department of Public Works and LiRo Program &
Construction Management, PE, P.C. the contract with Savik & Murray, a div. of DCAK-MSA pursuant to
RFP No. 18G20 be and is hereby accepted as satisfactorily complete at a final contract amount of FIFTY
SEVEN THOUSAND, THREE HUNDRED EIGHTY FIVE DOLLARS ($57,385.00) .
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 747 DECEMBER 2, 2020
ACCEPTING A CREDIT AND ACCEPTING THE CONTRACT WITH
ATLANTIC COAST DOCK CONSTRUCTION CORP.
FOR BID NO. 19G6, SHORELINE STABILIZATION OF ARACA ROAD (DALTON POINT
AS COMPLETE & ACCEPTABLE
The following resolution was offered by
and seconded by
WHEREAS, Bid No. 19G6, Shoreline Stabilization of Araca Road (Dalton Point) was awarded to
Atlantic Coast Dock Construction Corp. for a total contract amount of SEVEN HUNDRED TWO
THOUSAND, FORTY FIVE DOLLARS ($702,045.00) pursuant to Resolution No. 323 of April 24, 2019
and
WHEREAS, Change Order No. 1 was approved pursuant to Resolution No. 120 of Janaury 15, 2020,
2019, which resulted in no change to the contract amount of SEVEN HUNDRED TWO THOUSAND,
FORTY FIVE ($702,045.00) DOLLARS, and
WHEREAS, Change Order Nos. 2 & 3 were approved pursuant to Resolution No.296 of April 7, 2020,
which resulted in no change to the contract amount of SEVEN HUNDRED TWO THOUSAND, FORTY
FIVE DOLLARS ($702,045.00) , and
WHEREAS, the following credit is due from Atlantic Coast Dock Construction Corp.
Unused Contingency ($19,242.21)
TOTAL CREDIT ($19,242.21)
WHEREAS, all procurement guidelines set forth by Governor’s Office of Storm Recovery (GOSR)
have been complied with, and
WHEREAS, the Administrative Assistant of the Department of General Services, the Deputy
Commissioner of the Department of Public Works, Savik & Murray, a div. of DCAK-MSA and LiRo
Program & Construction Management, PE, P.C., have deemed all work performed by Atlantic Coast Dock
Construction Corp. pursuant to Bid No. 19G6 as complete and complete
NOW, THEREFORE, be it
RESOLVED, that the credit in the amount of NINETEEN THOUSAND, TWO HUNDRED
FORTY TWO DOLLARS AND 21/100 (-$19,242.21) be and is hereby accepted, reducing the total contract
amount with Atlantic Coast Dock Construction Corp. pursuant to Bid No. 19G6, to SIX HUNDRED
EIGHTY TWP THOUSAND, EIGHT HUNDRED TWO DOLLARS AND 79/100 ($682,802.79), and be
further
RESOLVED, that based upon the recommendations the Administrative Assistant of the Department
of General Services, the Deputy Commissioner of the Department of Public Works, Savik & Murray, a div.
of DCAK-MSA and LiRo Program & Construction Management, PE, P.C., all work performed by Atlantic
Coast Dock Construction Corp. be and is hereby accepted as satisfactorily complete at a final contract amount
of SIX HUNDRED EIGHTY TWO THOUSAND, EIGHT HUNDRED TWO DOLLARS AND 79/100
($682,802.79).
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 748 DECEMBER 2, 2020
AUTHORIZING CHANGE ORDER NO. 2, IMPROVEMENTS TO WATER & FIRE
PROTECTION SYSTEMS AT GILGO/WEST GILGO
The following resolution was offered by
and seconded by
WHEREAS, Bid No.19G80, Improvements to Water & Fire Protection Systems at
Gilgo/West Gilgo was awarded to Bensin Contracting, Inc. for a total contract amount of FOUR
HUNDRED SEVENTY TWO THOUSAND TWO HUNDRED DOLLARS ($472,200.00) pursuant
to Resolution No.186 of February 13, 2020 3and
WHEREAS, this project is part of the Governor’s Office of Storm Recovery (GOSR)
mitigation projects, and
WHEREAS, Change Order No. 1 was approved pursuant to Resolution No. 298 of April 7,
2020, which resulted in no change to the contract amount and
WHEREAS, the Change Order Committee (“Committee”) convened on November 24, 2020
with the Chief of Staff, Town Attorney, Comptroller, Commissioner of General Services, and the
Commissioner of Planning & Development to review Change Order No. 2 as follows:
Change Order No.2 Furnish and install all labor and pipe, fittings & accessories to
modify backwash piping
$7,91935
Furnish & install all labor and material to remove & replace bottom air & water
connections to the aerator tank as they are corroded
$2,606.19
Credit to Contingency ($10,525.54)
Total Change Order No. 2 0
WHEREAS, Change Order No.2 has been approved by the Committee, H2M, and the
Governor’s Office of Storm Recovery (GOSR) and all procurement guidelines set forth by GOSR
have been complied with.
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendations of the Committee, H2M, and GOSR, the
Supervisor be and he is hereby authorized to execute Change Order No. 2, which resulted in no
change to the total contract of FOUR HUNDRED SEVENTY TWO THOUSAND TWO
HUNDRED DOLLARS ($472,200.00).
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 749 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
SELECT EXTERMINATING D/B/A BYE-BYE BIRDIE
The following resolution was offered by
and seconded by
WHEREAS, a proposal was solicited from Select Exterminating d/b/a Bye-Bye Birdie to
provide trapping and relocation services of pigeons, and
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, Town Attorney, the Comptroller, the Commissioner
of General Services, Commissioner of Planning & Development and the Commissioner of the
Department of Public Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award
of a contract to Select Exterminating d/b/a Bye-Bye Birdie, at the following fees:
Initial Set Up $1,200.00
Price Per Pick Up $225.00
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract with Select
Exterminating d/b/a Bye-Bye Birdie at the aforementioned fees, and that said contract shall be subject
to the approval of the Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 750 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
LiRo ENGINEERS, INC.
The following resolution was offered by
and seconded by
WHEREAS, a proposal for surveying services for Parcel 12 of the Minor Subdivision in
Wyandanch was solicited from LiRo Engineers, Inc. , and
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, the Town Attorney, the Commissioner of General
Services, Commissioner of Planning & Development and Commissioner of the Department of Public
Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award of
a contract to LiRo Engineers, Inc. for a total contract amount not to exceed FOUR THOUSAND, FIVE
HUNDRED DOLLARS ($4,500.00),
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract to LiRo Engineers, Inc.
for a total contract amount not to exceed FOUR THOUSAND, FIVE HUNDRED DOLLARS
($4,500.00) subject to the approval of Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 751 DECEMBER 2, 2020
AUTHORIZING THE RELEASE OF ENCUMBRANCES FOR VARIOUS CONTRACTS
The following resolution was offered by
and seconded by
WHEREAS, the Town Board has awarded certain contracts for various projects throughout
the Town of Babylon, and
WHEREAS, said work and/or services were never performed or services have been
completed and the funding for said projects remains encumbered, and
WHEREAS, the Commissioner of General Services and the Comptroller recommend that
certain contracts be deemed null and void and/or complete and any remaining funding be
unencumbered
NOW, THEREFORE, be it
RESOLVED, that the contracts listed below be deemed as null and void and/or complete and
all funding be released and reallocated:
CONTRACTOR NAME RESOLUTION NO. AMOUNT
Level G Associates 295 of 4/11/18 $211.25
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 752 DECEMEBER 2, 2020
AUTHORIZING AN AMENDMENT IN THE CONTRACT WITH
NELSON + POPE FOR
RFP NO. 18G33, REQUEST FOR PROPOSALS FOR
ARCHITECTURAL, ENGINEERING, DESIGN, BID PHASE SERVICES,
CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR
OAK BEACH SHORLINE STABILIZATION & ROADWAY IMPROVEMENTS
The following resolution was offered by
and seconded by
WHEREAS, RFP No. 18G33, Request for Proposals for Architectural, Engineering,
Design, Bid Phase Services, Construction Administration and Inspection Services for Oak Beach
Shoreline Stabilization and Roadway Improvements was awarded to Nelson + Pope pursuant to
Resolution No. 353 of April 25, 2018 at a total contract price not to exceed ONE HUNDED
NINETY SEVEN THOUSAND, FIVE HUNDRED EIGHTY THREE DOLLARS
($197,583.00)
WHEREAS, Nelson + Pope have requested to reallocate funds between different tasks, as
outlined in the attached Schedule A,
NOW, THEREFORE, be it
RESOLVED, that the contract with to Nelson + Pope for RFP No. 18G33 Request for
Proposals for Architectural, Engineering, Design, Bid Phase Services, Construction
Administration and Inspection Services for Oak Beach Shoreline Stabilization Roadway
Improvements be and is hereby amend pursuant to the attached Schedule A and be it further
RESOLVED, that the total contract amount shall remain, ONE HUNDRED NINETY
SEVEN THOUSAND, FIVE HUNDRED EIGHTY THREE DOLLARS ($197,583.00) and be it
further
RESOLVED that said amendment shall comply with all the requirements and regulations
set forth in RFP 18G33 and the Governor’s Office of Storm Recovery (GOSR).
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
SCHEDULE A
Original Allocation
Supplemental Survey and Base Mapping $31,920.00
Right-Of-Way Mapping
$14,213.00
Coordination with Public Utilities
$1,360.00
30% Preliminary Design Plans
$25,100.00
60% Design Plans
$38,600.00
90% Design Plans
$21,730.00
100% Design Plans
$10,940.00
Bid Review and Award
$2,020.00
Construction Inspection
$51,700.00
Total
$197,583.00
Supplemental Survey and Base Mapping $31,920.00
Right-Of-Way Mapping
$14,213.00
Coordination with Public Utilities
$279.50
30% Preliminary Design Plans
$19,875.00
60% Design Plans
$38,600.00
90% Design Plans
$19,787.61
100% Design Plans
$400.00
Bid Review and Award
$1,907.50
Construction Inspection
$70,600.39
Total
$197,583.00
RESOLUTION NO. 753 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
H2M
The following resolution was offered by
and seconded by
WHEREAS, a proposal for design, bid phase and inspection services in connection with the
Exterior Renovation at Old Town Hall was solicited from H2M Architects & Engineers, and
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, the Town Attorney, the Comptroller, the
Commissioner of General Services, Commissioner of Planning & Development and Commissioner of
the Department of Public Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award of
a contract to H2M Architects & Engineers for a total lump sum of FIFTY ONE THOUSAND
DOLLARS ($51,000.00), plus an additional TWO THOUSAND FIVE HUNDRED DOLLARS
($2,500.00) for Mortar Analysis, if neeed,
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract to H2M Architects &
Engineers for a total contract amount not to FIFTY ONE THOUSAND DOLLARS ($51,000.00), plus
an additional TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) for Mortar Analysis, if
neeed,subject to the approval of Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 754 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
L.K. MCLEAN ASSOCIATES, P.C.
The following resolution was offered by
and seconded by
WHEREAS, proposals for Survey and Engineering Services in connection with West Lido
Promendate Road Raising and Drainage Improvements was solicited from L.K. McLean Assocaites,
P.C.
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, the Town Attorney,the Comptroller, the
Commissioner of General Services, Commissioner of Planning & Development and Commissioner of
the Department of Public Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award of
a contract to L.K. McLean Assocaites, P.C. for a total contract amount not to exceed TWENTY FOUR
THOUSAND, TWO HUNDRED DOLLARS ($24,200.00),
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract to L.K. McLean
Associates, P.C. for a total contract amount not to exceed TWENTY FOUR THOUSAND, TWO
HUNDRED DOLLARS ($24,200.00) subject to the approval of Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 755 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
MUNICIPAL AUDIT SERVICES, LLC
The following resolution was offered by
and seconded by
WHEREAS, a proposal for analysis and audit of Franchise Fee Payments of Verizon New
York, Inc.was solicited from Municipal Audit Services, LLC, and
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, the Town Attorney, the Comptroller, the
Commissioner of General Services, Commissioner of Planning & Development and Commissioner of
the Department of Public Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award of
a contract Municipal Audit Services, LLC for a fee of TWENTY NINE PERCENT (29%) of any
additional franchise fees, PEG Payments, including penalties, interest and reimbursable audit fee, if
applicable, that the Town recovers from Verizon
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract with Municipal Audit
Services, LLC for a fee of TWENTY NINE PERCENT (29%) of any additional franchise fees, PEG
Payments, including penalties, interest and reimbursable audit fee, if applicable, that the Town recovers
from Verizon, subject to the approval of Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 756 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
NELSON + POPE
The following resolution was offered by
and seconded by
WHEREAS, a proposal for engineering, design, bid phase and inspection services in
connection with the Installation of Generators at Overlook Beach, Cedar Beach & Gilgo was solicited
from Nelson + Pope, and
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, the Town Attorney, the Comptroller, the
Commissioner of General Services, Commissioner of Planning & Development and Commissioner of
the Department of Public Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award of
a contract to Nelson & Pope for a total contract amount not to exceed TWENTY FOUR THOUSAND,
FIVE HUNDRED DOLLARS ($24,500.00),
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract to Nelson + Pope for a
total contract amount not to exceed TWENTY FOUR THOUSAND, FIVE HUNDRED DOLLARS
($24,500.00) subject to the approval of Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 757 DECEMBER 2, 2020
AUTHORIZING THE SUPERVISOR TO ENTER INTO FIRE PROTECTION AND
AMBULANCE DISTRICT CONTRACTS
The following resolution was offered by
and seconded by:
WHEREAS, it has been previously determined that the Town Board of the Town of
Babylon desires to enter into fire protection contracts for fire protection and ambulance service
and/or an ambulance district contract to be furnished to Venetian Shores Fire Protection District #1,
North Amityville Fire Protection Districts #5 and #6, East Farmingdale Fire Protection District #12,
Wyandanch Fire Protection District #13, North Babylon Fire Protection District #15, North
Lindenhurst Fire Protection District #16, West Amityville Fire Protection District #23, West Beach
Fire Protection District #53, East Beach Fire Protection District #54 and Wyandanch-Wheatley
Heights Ambulance District; and
WHEREAS, pursuant to the provisions of law, notice of Public Hearing on such proposed
contracts was duly published; and
WHEREAS, said Public Hearing was duly held by the Town Board on December 2, 2020 at
Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York and at such time and place
said Town Board duly considered the proposed contracts and heard all persons interested therein,
NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Babylon
deems it to be in the best interest of the Town to enter into fire protection and ambulance service
and/or ambulance district contracts on behalf of Venetian Shores Fire Protection District #1, North
Amityville Fire Protection Districts #5 and #6, East Farmingdale Fire Protection District #12,
Wyandanch Fire Protection District #13, North Babylon Fire Protection District #15, North
Lindenhurst Fire Protection District #16, West Amityville Fire Protection District #23, West Beach
Fire Protection District #53, East Beach Fire Protection District #54 and Wyandanch-Wheatley
Heights Ambulance District, said districts being situated in the Town of Babylon, County of Suffolk
and State of New York, and said contracts being upon the following terms and conditions:
1. Venetian Shores Fire Protection District #1:
A contract for a period of one year with the Village of Lindenhurst, said contract having an amount
not to exceed $368,705.00 for the year 2021.
2. North Amityville Fire Protection District #5:
A contract for a period of one year with the North Amityville Fire Company, Inc., said contract
having an amount not to exceed $1,277,610.00 for the year 2021.
3. North Amityville Fire Protection District #6:
A contract for a period of one year with the North Amityville Fire Company Inc., said contract
having an amount not to exceed $1,838,511.00 for the year 2021.
4. East Farmingdale Fire Protection District #12:
A contract for a period of one year with the East Farmingdale Volunteer Fire Company, Inc., said
contract having an amount not to exceed $4,700,100.00 for the year 2021.
5. Wyandanch Fire Protection District #13:
A contract for a period of one year with the Wyandanch Volunteer Fire Company, Inc., said contract
having an amount not to exceed $1,377,632.00 for the year 2021.
6. North Babylon Fire Protection District #15:
A contract for a period of one year with the North Babylon Volunteer Fire Company, Inc., said
contract having an amount not to exceed $3,609,164.00 for the year 2021.
7. North Lindenhurst Fire Protection District #16:
A contract for a period of one year with the North Lindenhurst Volunteer Fire Department, Inc., said
contract having an amount not to exceed $2,070,829.00 for the year 2021.
8. West Amityville Fire Protection District #23:
A contract for a period of one year with the Village of Amityville, said contract having an amount
not to exceed $8,000.00 for the year 2021.
9. West Beach Fire Protection District #53:
A contract for a period of three years with the Village of Babylon, said contract having an amount
not to exceed $45,472.00 per year for the years 2021 and 2022.
10. East Beach Fire Protection District #54:
A contract for a period of three years with the Village of Babylon, said contract having an amount
not to exceed $90,670.00 per year for the years 2021 and 2022.
11. Wyandanch-Wheatley Heights Ambulance District:
A contract for a period of one year with the Wyandanch-Wheatley Heights Ambulance District, said
contract having an amount not to exceed $1,896,444.00 for the year 2021.
and be it further;
RESOLVED, that the aforesaid contracts shall contain such other terms and conditions as
shall be necessary and shall be approved by the Town Attorney; and be it further
RESOLVED, that the Supervisor of the Town of Babylon be and he is hereby authorized on
behalf of the Town of Babylon and the aforesaid fire protection districts and ambulance district to
enter into fire protection and ambulance service and/or ambulance district contracts as aforesaid;
and be it further
RESOLVED, that the consideration mentioned herein for each fire protection district, and/or
ambulance district, together with all expenses necessarily incurred or occasioned thereby, shall be
affixed and levied upon taxable real property in the aforesaid fire protection districts and/or
ambulance district in the Venetian Shores Fire Protection District #1, North Amityville Fire
Protection Districts #5 and #6, East Farmingdale Fire Protection District #12, Wyandanch Fire
Protection District #13, North Babylon Fire Protection District #15, North Lindenhurst Fire
Protection District #16, West Amityville Fire Protection District #23, West Beach Fire Protection
District #53, East Beach Fire Protection District #54 and Wyandanch-Wheatley Heights Ambulance
District, and collected in the same manner and at the same time as Town taxes are fixed and levied
and the collected amounts thereof shall be paid to the Supervisor, who shall then pay to the
aforesaid Venetian Shores Fire Protection District #1, North Amityville Fire Protection Districts #5
and #6, East Farmingdale Fire Protection District #12, Wyandanch Fire Protection District #13,
North Babylon Fire Protection District #15, North Lindenhurst Fire Protection District #16, West
Amityville Fire Protection District #23, West Beach Fire Protection District #53, East Beach Fire
Protection District #54 and Wyandanch-Wheatley Heights Ambulance District, the amount
specified in said contracts.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 758 DECEMBER 2, 2020
AMENDING RESOLUTIONS
The following resolution was offered by
and seconded by :
NOW, THERE BE IT RESOLVED, that the following resolutions be amended due to a
scrivenor’s error:
ORIGINAL
RESOLUTION
DATE ADOPTED ORIGINAL TEXT AMENDED TEXT
No. 314 April 7, 2020 Amount forCDBG
grant:$1,093,110
amount for HOME
grant: $442,505.00
Revised amount
CDBG grant:
$1,092,943
Revised amount
HOME grant:
$442,411
No. 575 September 2, 2020 amount for WCDC
CHDO: $22,125.25
Revised amount for
WCDC CHDO:
$22,120.55
No. 607 September 23, 2020 Delete Schedule A Add amended
Schedule A, attached
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 759 DECEMBER 2, 2020
AUTHORIZING THE SUPERVISOR TO EXECUTE AN AGREEMENT
BETWEEN WEST BABYLON UFSD AND THE TOWN OF BABYLON
The following resolution was offered by
and seconded by:
BE IT RESOLVED, by the Town Board of the Town of Babylon, that the Supervisor
be and he hereby is authorized to execute an agreement on behalf of the Town of Babylon
with West Babylon UFSD to plant four (4) trees on Herzel Boulevard between 11th and 12th
Avenue in West Babylon.
RESOLVED, that the agreement is subject to the approval of the Town Attorney as to
form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 760 DECEMBER 2, 2020
ADOPTING THE RECORDS RETENTION AND DISPOSITION SCHEDULE FOR
NEW YORK LOCAL GOVERNMENT RECORDS (LGS-1) IN ACCORDANCE WITH
ARTICLE 57-A OF N.Y.S. ARTS & CULTURAL AFFAIRS LAW AND 8-CRR-NY
PART 185 RECORDS OF PUBLIC CORPORATIONS
The following resolution was offered by
seconded by :
WHEREAS, Records Management Programs are one of the most important functions of
Town government providing a substratum for policy and procedure development and ensuring
successful Records Management Program implementation; and
WHEREAS, a Town Record shall be defined as any book, paper, map, photograph, or
other paper, electronic file, information-recording device, regardless of physical form or
characteristic, that is made, produced, executed, or received by any local government or
officer thereof pursuant to law or in connection with the transaction of public business; and
WHEREAS, all Town Records are declared to be property of the Town of Babylon. No
Town official or employee has, by virtue of his or her position, any personal or property rights
to such records even though he or she has created, composed, written, drawn, developed,
compiled, or received them; and
WHEREAS, New York State law (Penal Law, 175.20 and 175.25) prohibits tampering
with public records and makes such offenses either a class A misdemeanor or a class D felony,
and that the unauthorized destruction, removal from files, or use of Town government records
is prohibited; and
WHEREAS, that in accordance with Article 57-A of NYS Arts & Cultural Affairs Law
and PART 185 of 8-CRR-NY Records of Public Corporations that the Town shall promote
and support a program for the orderly and efficient management of records and that Town
Clerk serves as the Town Records Management Officer; and
WHEREAS, in accordance with the NYS Arts & Cultural Affairs Law Section 57.19 the
Records Management Officer is charged with the responsibility to develop and coordinate the
local records management program in conformity with New York State Laws and shall be the
legal custodian of the Town’s records deposited in the Records Management Division of the
Town Clerk’s Office; and
WHEREAS, effective January 1, 2021 a new New York State Archives Records
Retention and Disposition Schedule to wit: (LGS-1) will be replacing all previous government
schedules (CO-2, MU-1, ED-1 and MI-1).
NOW, THEREFORE, be it
RESOLVED, that per the recommendation of Town Clerk, the Town Board hereby formally
adopts the Records Retention and Disposition Schedule for New York Local Government Records
(LGS-1), containing legal minimum retention periods for municipal government records, is hereby
adopted for use by all municipal officers in disposing of municipal government records listed
therein; and
RESOLVED, that in accordance with Article 57-A of the Arts and Cultural Affairs Law:
(a) only those records will be disposed of that are described in Retention and Disposition
Schedule for New York Local Government Records (LGS-1), after they have met the
minimum retention periods described therein; and
(b) only those records will be disposed of that do not have sufficient administrative, fiscal,
legal or historical value to merit retention beyond established legal minimum periods;
and be it
RESOLVED, the Town of Babylon adopts the new Local Government LSG-1 Retention
and Disposition Schedule as the Town’s reasonably detailed subject matter list of all records
in the possession of the Town as required by the Freedom of Information Law; and
RESOLVED, the Town Archives are a part of the Office of the Town Clerk, records that
are transferred to the Town Records Management Archives shall be under the control of that
division rather than the department that created them or held them prior to the transfer; and
RESOLVED, that Town government shall designate one employee in each department as
Department Records Coordinator to provide liaison with the Town Clerk to assist in the
implementation of the Records Management Program; and
RESOLVED, that outgoing Town officials shall deliver official records to their
successors in office; and
RESOLVED, that the custody and control of records of defunct agencies shall be vested in the Town
Archives to the extent that custody of the records is not granted to a successor agency.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 761 DECEMBER 2, 2020
AUTHORIZING 2020 BUDGET MODIFICATION
The following resolution was offered by
and seconded by :
BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the
recommendation of the Town Comptroller, that the following 2020 Budget Modification is hereby
authorized:
Increase Decrease
General Fund
Law
Program Operations
A.1420.47 $ 878
Traffic Violations Bureau
Office Supplies
A.1130.41 $ 878
Personnel
Administrative
A.1430.13 $ 55,500
Full Time Clerical
A.1430.14 $ 55,500
Buildings
Repairs and Maintenance
A.1620.46 $ 6,000
Central Printing and Mailing
Program Operations
A.1670.47 $ 6,000
Purchasing
Miscellaneous
A.1345.49 $ 721
Central Printing and Mailing
Office Supplies
A.1670.41 $ 721
Central Data Processing
Overtime
A.1680.19 $ 500
Repairs and Maintenance
A.1680.46 $ 25,000
Equipment
A.1680.20 $ 10,000
Professional and Technical Services
A.1680.44 $ 15,500
Part Town Fund
Zoning
Overtime
B.8010.19 $ 1,000
Safety Inspection
Utilities
B.3620.42 $ 1,450
Other Home and Community Services
Member of a Board
B.8989.12 $ 19,000
Planning
Overtime
B.8020.19 $ 1,000
Miscellaneous
B.8020.49 $ 1,400
Professional and Technical Services
B.8020.44 $ 19,000
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 762 DECEMBER 2, 2020
AUTHORIZING 2020 INTERFUND TRANSFER
The following resolution was offered by
and seconded by :
BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the
recommendation of the Town Comptroller that the following 2020 Interfund Transfer is hereby
authorized:
Increase Decrease
Capital Project Fund
H05 – Wyandanch Pedetrian Mall
Interfund Transfer
H05.9901-90 $ 24,000.00
Professional and Engineering Services
H05.7197-25 $ 24,000.00
H70 – Road Program
Construction Services
H70-5197-26 $ 24,398.45
Interfund Transfer
H70.0000.5031 $ 24,398.45
H135 – 2014 Various Park Improvements
Interfund Transfer
H135.9901-90 $ 24,398.45
Construction Services
H135.7197-26 $ 24,398.45
Interfund Transfer
H135.9901-90 $ 13,812.50
Professional and Engineering Services
H135.7197-25 $ 13,812.50
H07 – Van Bourgondien Park Renovations
Professional and Engineering Services
H07-7197.25 $ 13,812.50
Interfund Transfer
H07.9901-90 $ 13,812.50
Special Revenue Fund
Increase Decrease
Museum
Program Operations
CM.7450.47 $ 24,000.00
Revenues
Interfund Transfer
CM.0000.5031 $ 24,000.00
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 763 DECEMBER 2, 2020
AUTHORIZING RELEASE OF BOND
The following resolution was offered by
and seconded by:
BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the recommendation
of the Commissioner of Planning and Development, that the following incomplete site work bond be
released from Town Trust:
PAYEE PROPERTY LOCATION APPLICATION/PERMIT # AMOUNT DUE
Rauer
173 E. 1st St.
Deer Park, NY 11729
173 E. 1st St.
Deer Park, NY 11729 Building Permit #’s:
2020-0602
$200.00
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 764 DECEMBER 2, 2020
AUTHORIZING REFUND OF FEES
The following resolution was offered by
and seconded by:
BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the recommendation
of the Commissioner of Planning and Development, that the following fee be refunded:
NAME and ADDRESS TYPE AMOUNT
Reginald Robinson
229 Nicolls Road
Wheatley Heights, NY
Rental Permit Application Refund
Property located at:
90 Commonwealth Drive
Wyandanch, New York 11798
SCTM No. 0100-58-2-8.006
$200.00
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 765 DECEMBER 2, 2020
AUTHORIZING REFUND OF FEES
DEPARTMENT OF PARKS, RECREATION & CULTURAL AFFAIRS
The following resolution was offered by Council
and seconded by Council.
BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the recommendation
of the Parks, Recreation and Cultural Affairs Department, that the following fees be refunded:
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
Name Address Fee Activity Receipt
Number
John Ray 600 Albany Ave
Amityville, NY 11701
$175.00 Showmobile 143406
RESOLUTION NO. 766 DECEMBER 2, 2020
ACCEPTING A DONATION
The following resolution was offered by
and seconded by :
BE IT RESOLVED, by the Town Board of the Town of Babylon, that the following
donations are accepted with gratitude:
DONATOR ITEM AND
VALUE
RECOMMENDED BY USE
Robert Zdenek, Eagle Scout, BSA Troop
2000 (fundraiser remainder from project
installed at Old Town Hall)
$385.32 Town Historian For History
Museum/Historic
Services
Atlantic Nurseries, Inc.
691 Deer Park Avenue
Dix Hills, NY 11746
Planters
$572.10
Commissioner of
Department of Public
Works
Geiger Park
Botanical Gardens
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 767 DECEMBER 2, 2020
AUTHORIZING THE CEREMONIOUS CHANGING OF A STREET NAME
The following resolution was offered by Council
and seconded by Council
WHEREAS, Bishop Winfred J. Pippen is the proud pastor of the First Baptist Church of
Deer Park, since being called to serve on March 5, 1988. He came to the First Baptist Church as
an ordained minister of the Greater Second Baptist Church of Freeport, under the pastorate of the
late Rev. Dr. E. Mitchell Mallette and was ordained by the Ordination Council of the Eastern
Baptist Association on March 30, 1985; and
WHEREAS, Bishop Pippen attended Alabama A&M College, Farmingdale University,
and the New York Technological Seminary in New York City. He is the founder and president of
the All Christian Bible College (ACBC) and the First Baptist Bible Institute (FBBI). He is also
presiding USA Bishop and Overseer of International Denominational B.A. Ministers worldwide
and serves as international presiding Bishop for COBRA Council of Bishop in South Africa.
Bishop Pippen has licensed over 80% of the 82 preachers that have been licensed by the FBC of
Deer Park and is a life member of the NAACP and member of the NAACP of Deer Park and
WHEREAS, Bishop is married to prophetess Dr. Mary C. (Hackett) Pippen and has two
lovely daughters Pebbles (Shamount) Hoosendove and Tennille (Corey) Taylor. He continues to
preach, teach and makes disciples as he continues to press toward his calling; and
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Babylon authorizes the ceremonious
changing of the name of a section of Washington Avenue between Sammis and Tell Avenues,
Deer Park, to “Bishop Winfred J. Pippen Memorial Way;” and be it further
RESOLVED, the Town of Babylon Department of Public Works shall install signs above
the current street signs stating “Bishop Winfred J. Pippen Memorial Way.”
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 768 DECEMBER 2, 2020
ADOPTING LOCAL LAW NO. ___OF 2020 AMENDING CHAPTER 133
(Solid Waste Management)
The following resolution was offered by
and seconded by
WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public
Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 2nd day
of December 2020, upon the question of enactment of Local Law No. ___ of 2020 of the Town of
Babylon, Suffolk County, New York, being a Local Law amending the Code of the Town of Babylon,
Chapter 133, Solid Waste Management;
NOW, THEREFORE, be it
RESOLVED AND ORDAINED, by the Town Board of the Town of Babylon that Local Law
No.___of 2020, of the Town of Babylon, Suffolk County, New York, is hereby enacted as follows
and effective upon its filing with the New York State Department of State:
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
EXHIBIT “A”
AMEND
Chapter 133 Solid Waste Management
§133-25 Outdoor Deposits of Storage Waste
A.
(2) At property line.
(a) No person who is the owner, occupant or lessee of any premises abutting on any
street, road, highway or parkway shall place, keep, permit or suffer to be placed
or kept at or around the vicinity of the property line of his premises any goods,
wares, merchandise, boxes, barrels, debris, high grass, or material things of any
kind or description, but nothing contained in this section shall prevent persons
from:
RESOLUTION NO. 769 DECEMBER 2, 2020
ADOPTING AMENDMENTS TO CHAPTER 3, ARTICLE II, SECTION 3-4 OF THE
TOWN OF BABYLON UNIFORM CODE OF TRAFFIC ORDINANCES
The following resolution was offered by Council
and seconded by Council
WHEREAS, the Town Board of the Town of Babylon having duly called and held a Public
Hearing at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 2nd
day of December, 2020 at 3:30 p.m. prevailing time, upon the question amending Chapter 3,
Article II, Section 3-4 of the Town of Babylon Uniform Code of Traffic Ordinances
RESOLVED AND ORDAINED that the amendments to the Uniform Code of Traffic
Ordinances, as set forth herein as Exhibit “A”, be and the same are hereby adopted effective
immediately; and be it further
RESOLVED AND ORDAINED that the Director of Traffic Safety be authorized and
directed to install, erect, remove or replace such signs or other traffic safety devices as may be
required by these amendments or by the New York State Vehicle and Traffic Law.
VOTES: YEAS: NAYS:_
The resolution was thereupon declared duly adopted.
EXHIBIT “A”
Chapter 3, Article II, Section 3-4
[Parking, Standing, and Stopping Restrictions Designated]
ADD to Schedule K:
Name of Street/Side Hours/
Location Hamlet Regulation Days
Great Neck Road/ CO No Standing ALL
West side
From Bennett Court
South for 50 feet +/-
Great Neck Road/ CO No Parking ALL
West side
From 50 feet +/- south of
Bennett Court south
For 32 feet +/-
Great Neck Road/ CO No Standing ALL
West side
From Bennett Court
North for 42 feet +/-
Great Neck Road/ CO No Parking ALL
West side
From 42 feet +/- north of
Bennett Court north
For 35 feet +/-
Great Neck Road/ CO No Standing ALL
West side
From Croydon Road
South for 40 feet +/-
Great Neck Road/ CO No Parking ALL
West side
From 40 feet +/- south of
Croydon Road south
For 21 feet +/-
Great Neck Road/ CO No Standing ALL
West side
From Croydon Road
North for 54 feet +/-
Great Neck Road/ CO No Parking ALL
West side
From 54 feet +/- north of
Croydon Road north
For 39 feet +/-
Dante Avenue CO No Parking ALL
/Northside
From 30 feet +/-
West of Columbo Avenue
West for a total distance of
82 feet +/-
RESOLUTION NO. 770 NOVEMBER 5, 2020
APPROVING VARIANCE REQUEST FOR COASTAL EROSION HAZARD AREA
APPPLICATION NO. 2020-03, CARL CURCIO, LOT 91, OAK BEACH
SCTM NO. 0100-243.00-01.00-093.000
The following resolution was offered by
and seconded by
WHEREAS, pursuant to the Code of the Town of Babylon, Chapter 99, a permit for
construction in the Coastal Erosion Zone was submitted to the Department of Environmental Control
on October 19, 2020; and
WHEREAS, said proposed site development, more specifically, erect an elevator for ADA
mobility to an existing single family residence located on Lot No. 91 in the community of Oak Beach,
and is identified by Suffolk County Tax Map No. 0100-243.00-01.00-093.000; and
WHEREAS, said improvements exceed the building footprint expansion allowed under
Chapter 99 – Coastal Erosion Hazard Areas; and
WHEREAS, the applicant previously received a variance from the Code of the Town of
Babylon, Chapter 99, Section 12 (B)(1)(e) to increase the total building area from the maximum
allowed 25% to 35% (576 sq.ft. to 809 sq.ft.), all in connection with the legalization of an existing
northeast deck addition by Resolution No. 259 on April 17, 2010; and
WHEREAS, the applicant is requesting a variance from the Code of the Town of Babylon,
Chapter 99, Section 12(B)(1)(e) to increase the total building area from the maximum allowed 25%
to 36% (additional 32.15 sq. ft.), all in connection with the construction of an elevator addition; and
WHEREAS, the Department of Environmental Control has reviewed the site plan prepared
by Melvin I. Gonzalez, Registered Architect, License No. 22179, dated September 11, 2020, and has
determined that the granting of the variance will not result in significant environmental impacts; and
WHEREAS, the granting of an area variance is a Type II Action under the State
Environmental Quality Review Act (SEQRA); and
WHEREAS, the Town Board of the Town of Babylon has been designated as the Coastal
Erosion Hazard Board of Review and has the authority to hear, approve, approve with modifications,
or deny requests for variances or other forms of relief from the requirements of the Code of the Town
of Babylon, Chapter 99.
NOW, THEREFORE, be it
RESOLVED, by the Town Board of the Town of Babylon, that upon the recommendation of
the Commissioner of Environmental Control, the variance request for Coastal Erosion Hazard Area
Application No. 2020-03 of Carl Curcio to construct an addition on property located at Lot 91, Oak
Beach, SCTM #0100-243.00-01.00-093.000, be and the same is hereby approved; and be it further
RESOLVED, that the granting of relief to Section 99-12(B)(1)(e), in accordance with the
plans and application presently on file, be and the same is hereby approved.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 771 DECEMBER 2, 2020
AUTHORIZING THE EMERGENCY BOARD UP AND SECURING OF UNSAFE
STRUCTURE, LOCATED AT 61 S 32ND STEET, WHEATLEY HEIGHTS, NY 11798
SCTM NO. 0100-054.00-02.00-007.001
The following resolution was offered by Council
and seconded by Council
WHEREAS, a certain structure(s) located at 61 S. 32nd Street, Wheatley Heights, New
York, bearing SCTM# 0100-054.00-02.00-007.001 has no running water as per a
communication with the Suffolk County Water Authority and the windows and doors are open
and accessible, thereby presenting a nuisance to children and an imminent danger to the safety,
health and welfare of the surrounding community residents; and
WHEREAS, said property is improperly secured and constitutes an attractive nuisance to
children as well as other residents of the community; and
WHEREAS, it appears that, unless said structure is immediately secured and boarded a
clear and imminent danger to the life, safety and health of the surrounding residents and the
general public will exist; and
WHEREAS, §92-10 of the Town Code provides for the emergency correction of said
unsafe structure and the assessment of the costs of said correction against the property,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Babylon does hereby order the
securing and board up of the premises located at 61 S. 32nd Street, Wheatley Heights, New
York, bearing SCTM# 0100-054.00-02.00-007.001 to eliminate safety hazard, in order to rectify
the above noted problems and abolish any public nuisance resulting from the unsafe condition of
said structure, in accordance with the Conclusions and Recommendations set forth in the
inspector’s report dated November 23, 2020 attached hereto; and be it further
RESOLVED, that the Department of Public Works shall undertake the necessary
securing, removal and cleanup; and be it further
RESOLVED, that the costs of securing be assessed against the premises in accordance
with Town Code §92-9.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 772 DECEMBER 2, 2020
AUTHORIZING THE EMERGENCY BOARD UP AND SECURING OF UNSAFE
STRUCTURE, LOCATED AT 32 MANOR LANDE, COPIAGUE, NY 11726
SCTM NO. 0100-192.00-03.00-045.000
The following resolution was offered by Council
and seconded by Council
WHEREAS, a certain structure(s) located at 32 Manor Lane, Copiague, New York,
bearing SCTM# 0100-192.00-03.00-045.000 has no running water as per a communication with
the Suffolk County Water Authority and the windows and doors are open and accessible, thereby
presenting a nuisance to children and an imminent danger to the safety, health and welfare of the
surrounding community residents; and
WHEREAS, said property is improperly secured and constitutes an attractive nuisance to
children as well as other residents of the community; and
WHEREAS, it appears that, unless said structure is immediately secured and boarded a
clear and imminent danger to the life, safety and health of the surrounding residents and the
general public will exist; and
WHEREAS, §92-10 of the Town Code provides for the emergency correction of said
unsafe structure and the assessment of the costs of said correction against the property,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Babylon does hereby order the
securing and board up of the premises located at 32 Manor Lane, Copiague, New York,
bearing SCTM# 0100-192.00-03.00-045.000 to eliminate safety hazard, in order to rectify the
above noted problems and abolish any public nuisance resulting from the unsafe condition of
said structure, in accordance with the Conclusions and Recommendations set forth in the
inspector’s report dated November 24, 2020 attached hereto; and be it further
RESOLVED, that the Department of Public Works shall undertake the necessary
securing, removal and cleanup; and be it further
RESOLVED, that the costs of securing be assessed against the premises in accordance
with Town Code §92-9.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 753 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH
H2M
The following resolution was offered by
and seconded by
WHEREAS, a proposal for design, bid phase and inspection services in connection with the
Exterior Renovation at Old Town Hall was solicited from H2M Architects & Engineers, and
WHEREAS, the Professional Consultant Evaluation Committee convened on November 24,
2020 with the Deputy Supervisor, Chief of Staff, the Town Attorney, the Comptroller, the
Commissioner of General Services, Commissioner of Planning & Development and Commissioner of
the Department of Public Works in attendance to review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposal, the Committee recommends the award of
a contract to H2M Architects & Engineers for a total lump sum of FORTY FIVE THOUSAND, TWO
HUNDRED ($45,200.00) DOLLAS, plus an additional TWO THOUSAND FIVE HUNDRED
($2,500.00) DOLLARS for Mortar Analysis, if neeed,
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract to H2M Architects &
Engineers for a total contract amount not FORTY FIVE THOUSAND TWO HUNDRED
($45,200.00) DOLLARS, plus an additional TWO THOUSAND FIVE HUNDRED ($2,500.00)
DOLLARS, for Mortar Analysis, if neeed,subject to the approval of Town Attorney as to form and
content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 774 DECEMBER 2, 2020
AUTHORIZING A CONTRACT WITH RLT ENGINEERING, GEOLOGY,
AND LAND SURVEYING, P.C.
The following resolution was offered by
and seconded by
WHEREAS ,a proposal was solicited from RLT Engineering, Geology, & Land Surveying,
P.C. d/b/a Liro Land Survey Company for surveying services in connection with the installation of a
Force Main at Geiger Park
PROPOSER PROPOSAL AMOUNT
RLT Engineering, $3,300.00
Geology, & Land Surveying, P.C.
d/b/a Liro Land Survey Company
WHEREAS, the Professional Consultant Evaluation Committee convened on November 30,
2020 with the Deputy Supervisor, Chief of Staff, Town Attorney, the Comptroller, the Commissioner
of General Services, and the Commissioner of the Department of Public Works in attendance to
review the aforementioned proposal; and
WHEREAS, after a thorough review of the proposals, the Committee recommends the award
of a contract to Liro Engineers, Inc., for a total contract amount not to THREE THOUSAND, THREE
HUNDRED DOLLARS($3,300.00)
NOW, THEREFORE, be it
RESOLVED, that based upon the recommendation of the Professional Consultant Evaluation
Committee, the Supervisor be and he is hereby authorized to execute a contract with, RLT
Engineering, Geology, & Land Surveying, P.C. d/b/a Liro Land Survey Company for a total contract
amount not to exceed THREE THOUSAND, THREE HUNDRED DOLLARS ($3,300.00) and that
said contract shall be subject to the approval of the Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 775 DECEMBER 2, 2020
AUTHORIZING THE SUPERVISOR TO SIGN THE AMERICAN VENICE MARKET
PERMIT FOR S/S SR-27A, E OF 1350 MONTAUK HWY, LINDENHURST, NY 11757-
S/E/C MIRAMARBLVD. & 27A (FRONTAGE TO 1300-1310 MONTAUK HIGHWAY)
The following resolution was offered by
and seconded by :
WHEREAS, the Town Board of the Town of Babylon desires to have a farmers market for
the residents of the town to be located at 1350 Montauk Hwy, Lindenhurst, NY, which is a New York
State owned property; and
WHEREAS, the permit for use of state owned property was signed by NYS Director of
Office of Right-of-Way; and
WHEREAS, the permit valid for every Saturday starting December 5, 2020 through
December 19, 2020; and be it
RESOLVED, that the Town Board authorizes the Supervisor to sign the American Venice
Market Permit for s/s SR-27A, E of 1350 Montauk Hwy, Lindenhurst, NY 11757- s/e/c Miramar
Blvd. & 27A (frontage to 1300-1310 Montauk Highway), and that said agreement shall be subject
to the approval of the Town Attorney as to form and content.
VOTES: YEAS: NAYS:
The resolution was thereupon declared duly adopted.
RESOLUTION NO. 776 DECEMBER 2, 2020
AUTHORIZING THE TOWN BOARD TO ADD PUBLIC HYDRANTS IN
WYANDANCH TO THE TOWN’S PUBLIC BILLING PURSUANT TO THE
REQUIREMENTS OF THE SUFFOLK COUNTY WATER AUTHORITY
The following Resolution was offered by Councilman
and seconded by Councilman
WHEREAS, “Wyandanch Rising” is a comprehensive, community-based revitalization
initiative transforming the most economically distressed community on Long Island into a model
for sustainability, community and economic revival, social and environmental justice, planning,
design and public-private collaboration; and,
WHEREAS, in furtherance of the “Wyandanch Rising” project and public safety, the Town
wishes to install public fire hydrants in and around the vicinity of Doe Street and other roadways
located in Wyandanch, Suffolk County, New York; and,
WHEREAS, the Office of the Fire Marshal of the Town of Babylon has reviewed and
approved the proposed locations for the public fire hydrants in the Wyandanch area; and,
WHEREAS, the Town desires to maintain the proposed public fire hydrants;
WHEREAS, the Suffolk County Water Authority requires authorization from the Town
Board of the Town of Babylon to add these fixtures to the Town’s public billing.
NOW THEREFORE, be it
RESOLVED, by the Town Board of the Town of Babylon that it hereby acknowledges and
accepts that the proposed public hydrants will be added to the Town’s public billing, in accordance
with the requirements of the Suffolk County Water Authority, and that the Town shall maintain
the public fire hydrants;
RESOLVED, that the Town Board hereby authorizes the Comptroller of the Town of
Babylon to pay any installation charge, including, but not limited to, an annual maintenance charge
henceforth.
VOTES: YEAS: NAYS:
The Resolution was thereupon declared duly adopted.