PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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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

Transcript of PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

Page 1: 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

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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

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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

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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

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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;

Page 20: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

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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.

Page 22: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 23: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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

Page 24: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 25: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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

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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.

Page 27: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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

Page 28: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 29: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 30: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 31: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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

Page 32: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 33: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 34: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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:

Page 35: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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 +/-

Page 36: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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 +/-

Page 37: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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

Page 38: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 39: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 40: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 41: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 42: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 43: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.

Page 44: PUBLIC HEARING A G E N D A TOWN BOARD MEETING …

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.