A Regular Meeting of the Town Board, Town of Babylon, Was Held

A Regular Meeting of the Town Board, Town of Babylon, was held at the Town House, 200 East Sunrise Highway, Lindenhurst, NY on Wednesday, the 11th day of March, 2020 at 3:30 p.m. prevailing time.

Supervisor Schaffer called the meeting to order with a salute to the flag.

Supervisor Schaffer: Please remain standing for a moment of silence and I ask that you keep in your thoughts and prayers the brave service men and women who are serving our Country here and aboard as well as those families still recovering from the aftermath of super storm Sandy.

Thank you, please be seated.

The Town Clerk called the roll:

Councilman Manetta Present Councilman Martinez Excused Absence Councilman McSweeney Present Councilman Gregory Present Supervisor Schaffer Present

RESOLUTION NO. 722-2019 MARCH 11, 2020 DESIGNATING THE PREMISES KNOWN AS 84 PACIFIC AVENUE DEER PARK, NEW YORK, SCTM#0100-042.00-03.00-019.000 A PUBLIC NUISANCE, AUTHORIZING THE BOARDING UP OF SAID PREMISES AND AUTHORIZING THE TOWN ATTORNEY TO COMMENCE LITIGATION

The following resolution was WITHDRAWN by Councilman Gregory and seconded by Councilman McSweeney

WHEREAS, the property located at 84 Pacific Avenue, Deer Park, New York, bearing SCTM# 0100-042.00-03.00-019.000, is owned by John L. Rosenberg, Josephine A. Rosenberg, & Louis Rosenberg; and WHEREAS, an arrest of Tyler Rosenberg occurred at said premises on January 24, 2019, for possession of Cocaine and Marijuana, defined under New York State Penal Law Article 220 - Controlled Substance Offenses. WHEREAS, in accordance with Section 165-7, John L. Rosenberg, Josephine A. Rosenberg, & Louis Rosenberg were served a Nuisance Notice for Tyler Rosenberg’s arrest on January 28, 2019, warning was given that a second arrest may result in the board-up of the property; and WHEREAS, a second arrest of Tyler Rosenberg occurred at said premises on October 8, 2019, for Criminal Possession of Marijuana in the 3rd Degree, a violation of New York State Penal Law Article 220 - Criminal Possession of Controlled Substance and New York State Penal Law Article 221 - Criminal Possession of Marijuana; and WHEREAS, in accordance with Section 165-7, John L. Rosenberg, Josephine A. Rosenberg, & Louis Rosenberg were served with a Nuisance Notice on October 8, 2019; and WHEREAS, a public hearing on the matter was held on November 7, 2019, and the record was closed and reserved; and WHEREAS, the purpose of Town Code Chapter 165 is to create a standardized procedure for securing legal and equitable remedies and to strengthen existing laws so as to effectively deal with the problem of illegal drugs in the Town of Babylon by preventing buildings, residences, premises and real estate within the Town of Babylon from being used in such a way as to constitute a public nuisance; and WHEREAS, in determining whether this property constitutes a public nuisance, the Town Board has considered the Commissioner of the Department of Planning and Development’s Report dated November 1, 2019, which outlines the nature of the arrests and offenses which occurred at the property, and relevant information as to the history of this property pertaining to the sale and/or consumption of drugs to prevent the premises from being used in such a way as to constitute a public nuisance; and WHEREAS, the Town Board finds that the dwelling and any structures located at 84 Pacific Avenue, Deer Park, NY 11729, presents a public nuisance and an imminent danger to the safety, health and welfare of the surrounding community residents: 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, §165-9B of the Town Code provides for the 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 hereby declares 84 Pacific Avenue, Deer Park, NY 11729 bearing SCTM. 0100- 042.00-03.00-019.00 a public nuisance pursuant to Chapter 165 in accordance with the Recommendations set forth in the Commissioner of the Department of Planning and Development’s Report dated November 1, 2019, which is on file in the Department of Planning and Development; and be it further RESOLVED, that the Town Board of the Town of Babylon does hereby order the emergency securing/board up of the public nuisance structure located on the premises at 84 Pacific Avenue, Deer Park, NY 11729 bearing SCTM. 0100-042.00-03.00-019.00 pursuant to Town Code Section 165-9 to eliminate the public nuisance, in order to rectify the above noted problems and abolish any public nuisance resulting from the illegal activities of said structure, in accordance with the Recommendations set forth in the Commissioner of the Department of Planning and Development’s Report dated November 1, 2019, which is on file in the Department of Planning and Development; and be it further RESOLVED, that the Department of Public Works shall undertake the necessary securing and board up of the structure(s) located at 84 Pacific Avenue, Deer Park, NY 11729 bearing SCTM. 0100-042.00-03.00-019.00; and be it further RESOLVED, that the costs of securing be assessed against the premises in accordance with Town Code §165-9B. The resolution was thereupon declared duly WITHDRAWN.

RESOLUTION NO. 185 MARCH 11, 2020 DESIGNATING THE PREMISES KNOWN AS 577-579 BROADWAY, N. AMITYVILLE, NEW YORK, SCTM#0100-165.00-03.00-004.000 A PUBLIC NUISANCE, AUTHORIZING THE BOARDING UP OF SAID PREMISES AND AUTHORIZING THE TOWN ATTORNEY TO COMMENCE LITIGATION

The following resolution was WITHDRAWN by Councilman McSweeney and seconded by Councilman Manetta

WHEREAS, the property located at 577-579 Broadway, N. Amityville, New York, 11701, bearing SCTM# 0100-165.00-03.00-004.000, is owned by Proto Group; and WHEREAS, an arrest of Ahmad Syed occurred at said premises on September 12, 2019, for Reckless Endangerment in that the defendant did unlawfully sell restricted E-cigs to person under 21, defined under New York State Penal Law Article 120 - Reckless Endangerment. WHEREAS, in accordance with Section 165-7, Proto Group was served a Nuisance Notice for Ahmad Syed arrest on December 5th, 2019, warning was given that a second arrest may result in the board-up of the property; and WHEREAS, three arrests at said premises occurred on June 15, 2019, as follows: • Jorge Hernandez, 49, of Copiague, the owner of deli, was charged with Criminal Possession of a Controlled Substance 7th Degree and two counts of Disorderly Premise. • Devin Paul-Bettis, 24, of North Amityville, a security guard at the deli, was charged with Criminal Possession of a Weapon 4th Degree. • Jose Esobar, 38, of Wyandanch, a patron, was charged with Criminal Possession of a Controlled Substance 7th Degree.; and WHEREAS, the property detailed above was in violation of the following articles or sections for the New York state Penal Code Article 120 – Reckless Endangerment Article 220 – Controlled Substances Offenses Article 265 – Firearms and Other Dangerous Weapons; and

WHEREAS, in accordance with Section 165-7, Proto Group was served with a Nuisance Notice on January 21, 2020; and WHEREAS, a public hearing on the matter was held on February 13, 2020, and the record was closed and reserved; and WHEREAS, the purpose of Town Code Chapter 165 is to create a standardized procedure for securing legal and equitable remedies and to strengthen existing laws so as to effectively deal with the problem of illegal drugs in the Town of Babylon by preventing buildings, residences, premises and real estate within the Town of Babylon from being used in such a way as to constitute a public nuisance; and WHEREAS, in determining whether this property constitutes a public nuisance, the Town Board has considered the Commissioner of the Department of Planning and Development’s Report, which outlines the nature of the arrests and offenses which occurred at the property, and relevant

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information as to the history of this property pertaining to the sale and/or consumption of drugs to prevent the premises from being used in such a way as to constitute a public nuisance; and WHEREAS, the Town Board finds that the dwelling and any structures located at 577-579 Broadway, N. Amityville, New York, 11701 presents a public nuisance and an imminent danger to the safety, health and welfare of the surrounding community residents: 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, §165-9B of the Town Code provides for the 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 hereby declares 577-579 Broadway, N. Amityville, New York, 11701, bearing SCTM# 0100-165.00-03.00-004.000 a public nuisance pursuant to Chapter 165 in accordance with the Recommendations set forth in the Commissioner of the Department of Planning and Development’s Report, which is on file in the Department of Planning and Development; and be it further RESOLVED, that the Town Board of the Town of Babylon does hereby order the emergency securing/board up of the public nuisance structure located on the premises 577-579 Broadway, N. Amityville, New York, 11701, bearing SCTM# 0100-165.00-03.00-004.000 pursuant to Town Code Section 165-9 to eliminate the public nuisance, in order to rectify the above noted problems and abolish any public nuisance resulting from the illegal activities of said structure, in accordance with the Recommendations set forth in the Commissioner of the Department of Planning and Development’s Report, which is on file in the Department of Planning and Development; and be it further RESOLVED, that the Department of Public Works shall undertake the necessary securing and board up of the structure(s) located at 577-579 Broadway, N. Amityville, New York, 11701, bearing SCTM# 0100-165.00-03.00-004.000; and be it further RESOLVED, that the costs of securing be assessed against the premises in accordance with Town Code §165-9B. The resolution was thereupon declared duly WITHDRAWN.

RESOLUTION NO. 224 MARCH 11, 2020 ACCEPTING TOWN BOARD MINUTES

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory 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: February 26, 2020

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 225 MARCH 11, 2020 AUTHORIZING A CONTRACT WITH LIRO ENGINEERS, INC.

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, a proposal was solicited from Liro Engineers, Inc. for engineering services in Roadway Lighting System Infrastructure & Striping for existing and future street lighting as part of the revitalization of Wyandanch, WHEREAS, the Professional Consultant Evaluation Committee convened on February 25, 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 Liro Engineers, Inc. for a total contract amount not to exceed EIGHT THOUSAND, TWO HUNDRED FIFTY ($8,250.00) DOLLARS 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 at a total contract with Liro Engineers, Inc. amount not to exceed EIGHT THOUSAND, TWO HUNDRED FIFTY ($8,250.00) DOLLARS and that said contract shall be subject to the approval of the Town Attorney as to form and content. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 226 MARCH 11, 2020 AUTHORIZING A CONTRACT WITH MKJ, INC.

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, proposals were solicited from the following firms to provide Construction Observation Services for the Town of Babylon’s 2020 Roadway Improvement Program

PROPOSER HOURLY RATE MKJ, Inc. $50.00 Simco Engineering, P.C. $119.40 $101.49/ alternate inspector Nelson & Pope $120.00/field engineer $110.00/field engineer VHB Declined to offer a proposal

WHEREAS, after a thorough review of the proposals, the Committee recommends the award of a contract with MKJ, Inc. at an hourly rate of FIFTY ($50.00) DOLLARS, not to exceed EIGHTY-FIVE THOUSAND ($85,000.00) DOLLARS PER ANNUM

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 at a total contract with MKJ, Inc. at an hourly rate of FIFTY ($50.00) DOLLARS, not to exceed EIGHTY FIVE THOUSAND ($85,000.00) DOLLARS PER ANNUM and that said contract shall be subject to the approval of the Town Attorney as to form and content, and be it further RESOLVED, that said contract may be extended for two (2) additional one (1) periods at the discretion of the Commissioner of the Department of Public Works. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 227 MARCH 11, 2020 AUTHORIZING A CONTRACT WITH P.W. GROSSER CONSULTING, INC.

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, proposals were solicited from the following firms to Evaluate the existing conditions of all Town owned buildings, and P.W. Grosser Consulting, Inc. $78,500 Liro Engineers, Inc. $175,000 Nelson & Pope $195,000 Cashin Assoc. P.C. $285,000 Cameron Engineering & Associates, LLP $342,000

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WHEREAS, the Professional Consultant Evaluation Committee convened on February 25, 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 P.W. Grosser Consulting, Inc. for a total contract amount not to exceed SEVENTY-EIGHT THOUSAND, FIVE HUNDRED ($78,500.00) DOLLARS 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 at a total contract with P.W. Grosser Consulting, Inc. amount not to exceed SEVENTY EIGHT THOUSAND, FIVE HUNDRED ($78,500.00) DOLLARS and that said contract shall be subject to the approval of the Town Attorney as to form and content. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 228 MARCH 11, 2020 ACCEPTING THE CONTRACT WITH UNITECH SERVICES GROUP INC. FOR BID NO. 20G11 CONTROLLED DEMOLITION WITH ASBESTOS IN PLACE AT 18 GOVERNOR AVENUE, WEST BABYLON AS COMPLETE AND ACCEPTABLE

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, Bid No.20G11-Controlled Demolition with Asbestos in Place at 18 Governor Avenue, West Babylon was awarded to Unitech Services Group, Inc. pursuant to Resolution No. 126 of January 29, 2020, in the amount of THIRTY-EIGHT THOUSAND FOUR HUNDRED ($38,400.00) DOLLARS and WHEREAS, the Commissioner of General Services has deemed that all work performed by Unitech Services Group, Inc. pursuant to Bid No. 20G11 as satisfactorily complete, NOW, THEREFORE, be it RESOLVED, that based upon the recommendation of the Commissioner of General Services, all work performed by Unitech Services Group, Inc. pursuant to Bid No. 20G11 be and is hereby accepted as satisfactorily complete for a final contract amount of THIRTY-EIGHT THOUSAND FOUR HUNDRED ($38,400.00) DOLLARS VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 229 MARCH 11, 2020 AUTHORIZING CHANGE ORDER NO. 6 IN THE CONTRACT WITH CONSTAR, INC. FOR BID NO. 17G1, AMITYVILLE WATERFRONT RESILIENCY PROJECT

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, Bid No. 17G1, Amityville Waterfront Resiliency Project was awarded to Constar, Inc. for Groups B, D, E, & F for a total contract amount of ONE MILLION EIGHT HUNDRED SEVEN THOUSAND, NINE HUNDRED NINETY-FIVE ($1,807,995.00) DOLLARS pursuant to Resolution No. 65 of January 17, 2018 and WHEREAS, the 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. 612 of August 15, 2018, which resulted in no change to the contract amount and WHEREAS, Change Order No. 2 was approved pursuant to Resolution No. 768 of October 17, 2018, which resulted in no change to the contract amount, and WHEREAS, Change Order No. 3 was approved pursuant to Resolution No. 802 of November 8, 2018 which resulted in no change to the contract amount and WHEREAS, Change Order No. 4 was approved pursuant to Resolution No. 898 of December 19, 2018, which resulted in no change to the contract amount and WHEREAS, Change Order No5. was approved pursuant to Resolution No. 372 of May 15, 2019 which resulted in a decreased the contract amount to ONE MILLION SEEVEN HUNDRED TWENTY-SEVEN THOUSAND FIVE HUNDRED EIGHTY-NINE DOLLARS and 58/100 ($1,727,589.58), and WHEREAS, the Change Order Committee (“Committee”) convened on March 5, 2020 with the Chief of Staff, Comptroller, Town Attorney, Deputy Supervisor, Commissioner of General Services, and the Commissioner of Planning & Development to review Change Order No. 6 as follows: Change Order No. 6 Removal and Replace Unsuitable material @ Purdy Lane, Bayside Place, New Point Avenue, Meadow Lane and South Bayview Avenue TOTAL CHANGE ORDER NO. 6 $5,000.00 WHEREAS, Change Order Request No. 6 has been approved by the Committee, Savik & Murray, a div. of DCAK MSA, 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, Savik & Murray, a div. of DCAK MSA and GOSR, the Supervisor be and he is hereby authorized to execute Change Order No. 6 in the amount of FIVE THOUSAND ($5,000.00) DOLLARS thereby increasing the total contract amount to ONE MILLION SEVEN HUNDRED THIRTY TWO THOUSAND, FIVE HUNDRED EIGHTY NINE DOLLARS AND 58/100 ($1,732,589.58). VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 230 MARCH 11, 2020 AUTHORIZING CHANGE ORDER NO. 2 IN THE CONTRACT WITH CASHIN ASSOCIATES, P.C. FOR RFP NO. 17G91 FOR EVALUATION, ENGINEERING, DESIGN, BID PHASE CONSTRUCTION ADMINISTRATION, MANAGEMENT & PART TIME INSPECTION SERVICES FOR A NEW HVAC SYSTEM AT BABYLON TOWN HALL

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, RFP No. 17G91, Requests for Proposals for Evaluation, Engineering, Design, Bid Phase, Construction Administration, Management & Part Time Inspection Services was awarded to Cashin Associates, P.C. pursuant to Resolution No. 218 of March 14, 2018 for a total contract amount of TWO HUNDRED TWENTY-ONE THOUSAND, TWO HUNDRED ELEVEN ($221,211.00) DOLLARS, and WHEREAS, Change Order No. 1 was approved pursuant to Resolution No.251 of March 27, 2019, increasing the total contract amount to TWO HUNDRED SIXTY-FOUR THOUSAND, TWO HUNDRED ELEVEN ($264,211.00) DOLLARS and WHEREAS, the Change Order Committee convened on February 25, 2020, with the Chief of Staff, Town Attorney, Comptroller, Commissioner of General Services, and the Commissioner of Planning & Development in attendance to review Change Order No. 2, and WHEREAS, the Change Order Review Committee recommends the approval of Change Order No. 2 as follows: Additional services including design of new fire alarm system, oversight of 6 contractors in lieu of 4 TOTAL CHANGE ORDER NO. 2 $39,750.00 NOW, THEREFORE, be it RESOLVED, that based upon the recommendation of the Change Order Review Committee, the Supervisor be and he is hereby authorized to execute Change Order No. 2 in the contract with Cashin Associates, P.C., in the amount of THIRTY NINE THOUSAND, SEVEN HUNDRED FIFTY ($39,750.00) DOLLARS, increasing the total contract amount with Cashin Associates, P.C. to THREE HUNDRED THREE THOUSAND, NINE HUNDRED SIXTY ONE ($303,961.00) DOLLARS. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 231 MARCH 11, 2020 AUTHORIZING CHANGE ORDER NO. 1 IN THE CONTRACT WITH L.E.B. ELECTRIC, LTD. FOR BID NO. 19G31E, INSTALLATION OF NEW HVAC SYSTEM AT TOWN HALL, ELECTRICAL CONSTRUCTION The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, Bid No. 19G31E, Installation of New HVAC System at Town Hall, Electrical Construction was awarded to L.E.B. Electric, Ltd. pursuant to Resolution No. 48 of January 2, 2020 for a total contract amount of FOUR HUNDRED FORTY-FOUR THOUSAND, NINE HUNDRED FORTY ($444,940.00) DOLLARS and, WHEREAS, the Change Order Committee convened on February 25, 2020 with the Chief of Staff, Comptroller, Town Attorney, Commissioner of Planning & Development and the Commissioner of General Services in attendance to review Change Order No. 1, and WHEREAS, the Change Order Review Committee and Cashin Associates, P.C. recommend the approval of Change Order No. 1 as follows: Relocate new pad mounted transformer on west side, relocate new electric service in basement to avoid relocating existing $18,361.89 telephone equipment, avoid disruption to Central Fire and disturbing a memorial tree, and address field conditions with existing switchgear Credit to Contingency ($18,361.89) TOTAL CHANGE ORDER No.1 $0 NOW, THEREFORE, be it RESOLVED, that based upon the recommendation of the Change Order Review Committee, the Supervisor be and he is hereby authorized to execute Change Order No.1 which has resulted in no change to the contract amount of FOUR HUNDRED FORTY-FOUR THOUSAND, NINE HUNDRED FORTY ($444,940.00) DOLLARS. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 232 MARCH 11, 2020 AWARDING BID NO. 20G4, REQUIREMENTS CONTRACT FOR FURNISH AND INSTALL ASPHALT CONCRETE ON VARIOUS TOWN ROADWAYS

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, the following bids for Bid No.20G4, Requirements Contract for Furnish and Install Asphalt Concrete on Various Town Roadways, was received, opened and publicly read: BIDDER TOTAL BID COMPARISION PRICE Rosemar Contracting, Inc. $7,454,500.00 Suffolk Paving Corp. $7,977,081.00 Posillico Civil, Inc. $9,178,400.00 Metro Paving, LLC $9,974,400.00 H & L Contracting, LLC $10,761,300.00

NOW THEREFORE, be it RESOLVED, that based upon the recommendations of the Commissioner of General Services and the Commissioner of the Department of Public Works and upon their finding the aforementioned bids to be fair and reasonable, Bid No. 20G4 be and is hereby awarded to the low bidder, Rosemar Construction, Inc., for a total bid comparison price SEVEN MILLION, FOUR HUNDRED FIFTY FOUR THOUSAND, FIVE HUNDRED ($7,454,500.00) DOLLARS, and be it further RESOLVED, that the aforementioned Bid Comparison price is for award purposes only and does not represent the actual contract amount, and be it further RESOLVED, that the Supervisor be and he is hereby authorized to execute a contract with Rosemar Construction, Inc., which expires December 31, 2020, and that the form and content of said contract shall be subject to the approval of the Town Attorney, and be it further RESOLVED, that said contract may be extended for two (2) additional one (1) year periods at the discretion of the Commissioner of General Services and the Commissioner of the Department of Public Works. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 233 MARCH 11, 2020 AWARDING BID NO. 20G8, REQUIREMENTS CONTRACT FOR ROAD RECONSTRUCTION

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, the following bids for Bid No.20G8, Requirements Contract for Road Reconstruction, was received, opened and publicly read: BIDDER TOTAL BID COMPARISION PRICE Rosemar Contracting, Inc. $17,430,650.00 Suffolk Paving Corp. $17,982,980.00 Laser Industries, Inc. $18,892,465.00

NOW THEREFORE, be it RESOLVED, that based upon the recommendations of the Commissioner of General Services and the Commissioner of the Department of Public Works and upon their finding the aforementioned bids to be fair and reasonable, Bid No. 20G8 be and is hereby awarded to the low bidder, Rosemar Construction, Inc., for a total bid comparison price SEVENTEEN MILLION, FOUR HUNDRED THIRTY THOUSAND, SIX HUNDRED FIFTY ($17,430,650.00) DOLLARS, and be it further RESOLVED, that the aforementioned Bid Comparison price is for award purposes only and does not represent the actual contract amount, and be it further RESOLVED, that the Supervisor be and he is hereby authorized to execute a contract with Rosemar Construction, Inc., which expires December 31, 2020, and that the form and content of said contract shall be subject to the approval of the Town Attorney, and be it further RESOLVED, that said contract may be extended for two (2) additional one (1) year periods at the discretion of the Commissioner of General Services and the Commissioner of the Department of Public Works. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 234 MARCH 11, 2020 AWARDING BID NO. 20G16 REHABILITATION OF EXISTING UNDERGROUND LEACHATE TANKS, REPLACEMENT OF MANWAYS, REPLACEMENT OF TANK MONITORING AND LEVELING SYSTEMS The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, the following bids for Bid No. 20G16, Rehabilitation of Existing Underground Leachate Tanks, Replacement of Manways, Replacement of Tank Monitoring and a Leveling Systems were received, opened and publicly read: BIDDER TOTAL BASE BID Bensin Contracting, Inc. $582,000.00 Philip Ross Industries, Inc. $664,000.00

Alternate No. 1 – Dewatering Bensin Contracting, Inc. $3,000.00 Philip Ross Industries, Inc. $20,000.00

Alternate No. 2 – Cleaning of Tanks Bensin Contracting, Inc. $31,500.00 Philip Ross Industries, Inc. $31,000.00

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RESOLVED, that based upon the recommendations of the Commissioner of General Services, the Deputy Commissioner of the Department of Environmental Control and Kosuri Engineering & Consulting, P.C. and upon their finding the aforementioned bids to be fair and reasonable, Bid No. 20G16 be and is hereby awarded to the low bidder, Bensin Contracting, Inc. and be it further RESOLVED, that the Supervisor be and he is hereby authorized to execute a contract Bensin Contracting, Inc. for a total contract amount FIVE HUNDRED EIGHTY TWO THOUSAND DOLLARS, plus the cost of Alternate Nos. 1 and 2, if needed and that the form and content of said contract shall be subject to the approval of the Town Attorney. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:

Councilman Manetta Voting Yea Councilman Martinez Voting Excused Absence Councilman McSweeney Voting Yea Councilman Gregory Voting Yea Supervisor Schaffer Voting Abstain The resolution was thereupon declared duly adopted. RESOLUTION NO. 235 MARCH 11, 2020 AWARDING BID NO. 20G17 FURNISH & INSTALL NEW SPORTS BALLFIELD LIGHTING AT VENETIAN SHORES PARK

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, the following bids for Bid No. 20G17, Furnish & Install New Sports Ballfield Lighting at Venetian Shores Park were received, opened and publicly read: BIDDER TOTAL BID PRICE Relle Electric Corp. $311,770.00 Welsbach Electric Corp. of L.I. $349,300.00 Anker’s Electric Service, Inc. $357,850.00 Roland’s Electric, Inc. $358,000.00 West Babylon Electric, Inc. $359,000.00 L.E.B. Electric, Ltd. $360,200.00 Palace Electrical Contractors $367,000.00 Baltray Enterprises, Inc., d/b/a Bancker Construction $391,358.00 Hinck Electrical Contractor Inc. $399,452.00 NOW, THEREFORE, be it RESOLVED, that based upon the recommendations of the Commissioner of General Services, the Commissioner of the Department of Public Works and Nelson & Pope Engineers and upon their finding the aforementioned bids to be fair and reasonable, Bid No. 20G17 be and is hereby awarded to the low bidder, Relle Electric Corp. and be it further RESOLVED, that the Supervisor be and he is hereby authorized to execute a contract Relle Electric Corp. for a total contract amount THREE HUNDRED ELEVEN THOUSAND, SEVEN HUNDRED SEVENTY ($311,770.00) DOLLARS and that the form and content of said contract shall be subject to the approval of the Town Attorney. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 236 MARCH 11, 2020 AWARDING BID NO. 20G20, APPLICATION OF SURFACE TREATMENTS AND/OR CRACK SEALING ON VARIOUS ROADWAYS The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, the following bids for Bid No.20G20, Requirements Contract for Application of Surface Treatments and/or Crack Sealing on Various Town Roadways, was received, opened and publicly read: BIDDER TOTAL BID COMPARISION PRICE Thos. H. Gannon and Sons, Inc. $1,420,227.20 NOW THEREFORE, be it RESOLVED, that based upon the recommendations of the Commissioner of General Services and the Commissioner of the Department of Public Works and upon their finding the aforementioned bids to be fair and reasonable, Bid No. 20G20 be and is hereby awarded to the low bidder, Thos. H. Gannon and Sons, Inc. for a total bid comparison price ONE MILLION, FOUR HUNDRED TWENTY THOUSAND, TWO HUNDRED TWENTY-SEVEN DOLLARS AND 20/100 ($1,420,227.20) and be it further RESOLVED, that the aforementioned Bid Comparison price is for award purposes only and does not represent the actual contract amount, and be it further RESOLVED, that the Supervisor be and he is hereby authorized to execute a contract with Thos. H. Gannon and Sons, Inc. which expires December 31, 2020, and that the form and content of said contract shall be subject to the approval of the Town Attorney, and be it further RESOLVED, that said contract may be extended for two (2) additional one (1) year periods at the discretion of the Commissioner of General Services and the Commissioner of the Department of Public Works. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 237 MARCH 11 2020 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF BABYLON AND SESAC LLC

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney BE IT RESOLVED, by the Town Board of the Town of Babylon that the Supervisor be and is hereby authorized to execute an Agreement between the Town of Babylon and SESAC, LLC for a license to perform music that is copyrighted by SESAC, LLC at various Town events; and be it further RESOLVED, that said agreement is subject to the approval of the Town Attorney as to form and content. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 238 MARCH 11, 2020 SCHEDULING A PUBLIC HEARING TO CONSIDER A PROPOSED RENEWAL OF FRANCHISE AGREEMENT WITH VERIZON NEW YORK, INC. FOR CABLE TELEVISION SERVICE WITHIN THE TOWN OF BABYLON

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta BE IT RESOLVED, by the Town Board of the Town of Babylon, that a Public Hearing be held at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 7th day of April 7, 2020 at 7:00 p.m., prevailing time, to consider a proposed renewal franchise agreement with Verizon New York, Inc. (“Verizon”) for cable television service within the Town of Babylon; and be it further RESOLVED, that the Town Clerk of the Town of Babylon is directed to publish notice of said public hearing in one of the official newspapers of the Town.

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 239 MARCH 11, 2020 AUTHORIZING 2019 BUDGET MODIFICATION

Comptroller Administrative A.1315.13 $1,294 Full time clerical A.1315.14 $1,294 Historian Administrative A.7510.13 $ 263 Part Time clerical A.7510.16 $ 263 Tax Collector Program Supplies A.1330.47 $2,133 Professional and Technical Supplies A.1330.44 $2,133 Elected Officials A.1330.10 $ 621 Miscellaneous A.1330.49 $ 621

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 240 MARCH 11, 2020 AUTHORIZING THE TRANSFER OF RESIDUAL EQUITY FROM A CAPITAL PROJECT TO APPROPRIATED RESERVES The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, The Town of Babylon has bonded for a capital project namely, Wyandanch Park playground/safety surface/irrigation (the “Project”) approved by Town Board Resolution No.97 of January 27, 2016; and WHEREAS, the Project has unused funding allocated totaling $24,082.66 against which no contract or encumbrance exists; and WHEREAS, the Comptroller recommends to the Town Board that the unused portion be transferred to the General Fund for the retirement of debt. NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Babylon, upon the recommendation of the Comptroller, does herby order the transfer of funding in the amount of $24,082.66 from the Wyandanch Park playground/safety surface/irrigation project to the General Fund. RESOLVED, that the Office of the Town Comptroller is authorized to make all necessary accounting entries and cash movements to ensure this transfer, and shall have authority to sign documents necessary to complete this transaction for the above noted amount.

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 241 MARCH 11, 2020 AUTHORIZING EMPLOYEE REIMBURSEMENT The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta BE IT RESOLVED, by the Town Board of the Town of Babylon, that the Comptroller is hereby authorized to issue reimbursement to the following employee(s):

EMPLOYEE AMOUNT Steve Gravano $279.20 equipment repair Reginald Elton $51.31 Animal Shelter supplies

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 242 MARCH 11, 2020 AUTHORIZING REFUND OF PAYMENT

REFUND OF PAYMENT:

PAYEE ADDRESS TYPE AMOUNT REASON

Audley, Alma and Althea 118 Columbus Blvd., Green Homes Benefit $223.69 overpayment Jackson Amityville NY 11701 Assessment

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 243 MARCH 11, 2020 APPOINTING PERSONNEL TO ADDITIONAL POSITIONS AND SETTING SALARIES The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney BE IT RESOLVED by the Town Board of the Town of Babylon that the following employees are appointed to the additional positions listed below at the annual salaries indicated herein and that the same are hereby effective as of this date: NAME TITLE SALARY Anthony Borrero p/t Stock Clerk 5,000 Cathy Sesselman Scanning Technician 2,500 Cathy Hyde Assistant to Town Board 9,000 Celeste Kusmierski Events Planning Chairperson 5,000 Dawn Carberry Subregistrar 2,500 Denise Graziano p/t Clerk 30,000 Donna Somma Diversity Officer 4,500 Geraldine Compitello Clerk Advisory Chairperson 10,000 Gilbert Hanse Emergency Preparedness Coordinator 10,000 Jennifer Montiglio Tax Warrant Coordinator 10,000 Jen Taus Secretary to Town Board 6,000 Joan Ball Assessor 24,000 Joseph Olmedo Drug & Alcohol Coordinator 3,500 Joseph Wilson Sanitation Commission Chairman 2,000 Katherine Lynch p/t Purchasing Technician 30,000 Lori Lynn Hansen Deputy Registrar 3,150 Madeline Quintyne-McConney Special Events Coordinator 5,000 Marianne Hunt Part-time Executive Assistant to Assessor 2,000 Patrick Farrell Task Force Director 5,000 Peter Russo Plumbing Regulation Liaison to NYS 9,500 Rachel Scelfo Workforce Housing Coordinator 8,500 Ronald Kluesener Solid Waste Administrator 8,500 Stephen Greenwald Traffic Safety Coordinator/Secretary 5,200 Stephen Greenwald Grant Writer 5,000 Susanne Boltz HUD Coordinator 5,000 Thomas Stay Drainage Coordinator 2,000 Umeko Healy Deputy Assistant to Town Board 4,000 Stephanie Brennan Part Time Citizens Advocate 3,000 Victoria Marotta Director of Community Development 4,000 Victoria Russell Assistant Solid Waste Coordinator 2,000 Noreen Wood Tax Receiver Transition Coordinator 1,500 (as of 9/9/19)

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 244 MARCH 11, 2020 APPOINTING MEMBERS OF ANTI-BIAS TASK FORCE

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta BE IT RESOLVED, by the Town Board of the Town of Babylon, that the following appointments effective March 11, 2020 are made to certain Municipal Board positions and administrative personnel who serve at the pleasure of Town Board; and be it further RESOLVED, that the salaries are hereby set effective March 11, 2020 for the below listed administrative personnel and Municipal Board Members who serve at the pleasure of the Town Board set forth herein below:

ANTI-BIAS TASK FORCE

1. Pastor Terrance Daye, Sr. 2. Reverend Evelyn Digsby 3. Father William Brisotti 4. Joey Villafane 5. Lasheca Lewis, Esq. 6. Imam Nasheed Sheikh 7. Reverend David Solomon 8. Fred Seiden 9. Marcus Duffin

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 245 MARCH 11, 2020 APPOINTING MEMBERS OF HISPANIC AMERICAN ADVISORY BOARD

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory BE IT RESOLVED, by the Town Board of the Town of Babylon, that the following appointments effective March 11, 2020 are made to certain Municipal Board positions and administrative personnel who serve at the pleasure of Town Board; and be it further RESOLVED, that the salaries are hereby set effective March 11, 2020 for the below listed administrative personnel and Municipal Board Members who serve at the pleasure of the Town Board set forth herein below:

HISPANIC AMERICAN ADVISORY BOARD

1. Christian Gomez 2. Yaryl Gonzalez 3. Jose Batista 4. Alex Guzman 5. David Nunez 6. Father William Brisotti 7. Zoraida Santiago 8. Marisol Perez 9. Pastor Carlos Ventura

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 246 MARCH 11, 2020 CONFIRMING MEMBERSHIP TO THE NORTH AMITYVILLE VOLUNTEER FIRE COMPANY, INC.

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney BE IT RESOLVED, that pursuant to Chapter 110 of the Membership Corporation Law of the State of New York, the following residents are duly elected in conformity with the By-Laws of the North Amityville Volunteer Fire Company, Inc., 601 North Broadway, North Amityville, New York:

Name Address Messiah Reid 7 Atna Drive Amityville, NY 11701 Mykayah Cherenfant 466 Bayview Drive Amityville, NY 11701 Keyone Williams 698 Albany Avenue Amityville, NY 11701 Brianna Verwayne 777 County Line Road Amityville, NY 11701

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 247 MARCH 11, 2020 CONFIRMING MEMBERSHIP TO THE NORTH BABYLON VOLUNTEER FIRE COMPANY, INC.

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta BE IT RESOLVED, that pursuant to Section 1402 of the Not-For-Profit Law of the State of New York, the following residents are duly elected in conformity with the By-Laws of the North Babylon Volunteer Fire Company, Inc., 20 Hale Road, North Babylon, New York:

Ashley Schmitt 156 Walker, North Babylon NY 11703

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 248 MARCH 11, 2020 SCHEDULING PUBLIC HEARING IN REFERENCE TO AMENDING CHAPTER A217 RECREATIONAL FEES

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory BE IT RESOLVED, by the Town Board of the Town of Babylon, that a Public Hearing be held at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 25th day of March 2020 at 3:30 p.m., prevailing time, to consider amending Chapter A217 of the Babylon Town Code as set forth in Exhibit “A” herein below; and be it further RESOLVED, that the Town Clerk of the Town of Babylon is directed to publish notice of said public hearing in one of the official newspapers of the Town. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted. EXHIBIT “A”

AMEND 2020 Recreation Fees: Programs Fee Day Camp 85 - 150 Day Camp (full day) 325 Swimming Lessons 60 Swim Team 75 Swim Programs 30 - 400 Diving Lessons 60 - 70 Parent & Tot 75 – 90 Parent & Tot (non- resident fee) 85 - 100 Summer- Parent & Tot 40 – 50 Summer – Parent & Tot (non-resident) 50 - 60 Music Lessons 60 Guitar Camp 90 Dance Lessons 50 Dance Camp 95 - 217 Golf Lessons 75 - 120 Golf Course Fees 5 - 8 Disk Golf Fees 5 - 8 Aquacize 70 Tennis Lessons 75 - 90 Beach Parking Permits 20 - 45 Cedar weekdays/weekends 20 - 40 Cedar/ Gilgo twilight fee (after 4:00) 10 Gilgo weekday/weekends 20 – 40 Cedar Marina weekday/weekends 20 - 40 Camping /Boating Permits Residents 50 Camping /Boating Permits Seniors 25 Cedar Dock 14’ & Up 33 Cedar Main Dock Under 14’ 30 Special Dock Permit 75 Cedar Floating Dock Twilight 5 Cedar Floating Dock weekdays 12 Cedar Floating Dock weekends 18 Cedar Floating Dock weekdays senior 7 Cedar Floating Dock weekends senior 10 Cedar Marina Camping 30 Gilgo Marina Dock weekdays 15 Gilgo Marina Dock weekends 20 Gilgo Floating Dock weekdays 17’ & Up 12 Gilgo Floating Dock weekdays under 17’ 5 Gilgo Floating Dock weekends over 17’ 15 Gilgo Floating Dock weekends under 17’ 10 Gilgo Floating Dock weekdays Senior 7 Gilgo Floating Dock weekends Senior 10 Commercial Boat Launch Permit 250 Boat Launch Permit 50 Boat Launch Permit Senior 25 Boat Launch Permit Tanner weekday/weekends 15 – 30 Boat Launch Permit Venetian weekday/weekends 15 – 30 3/11/2020 Minutes

Jet Ski Permit 50 -25 Family Pool Plan 95 - 160 Individual Plan 60 Senior Individual Plan 25 Senior Family Plan 40 Geiger Spray Park Family Plan 70 Geiger Daily Fee 5 Geiger Daily Fee (non-resident) 10 Phelps Lane Daily Fee 7 Daily Fee Pools N. Amityville, N. Lindenhurst 5 Daily Fee Sanchez & Buttitta 5 Showmobile 175 Showmobile (rate for Fire Department, Police 100 Department and Religious Organization applications) Park Permit 50 Paddle Boarding 150 - 165 Sailing 60 - 80 Yoga 72 - 120 Yoga (non-resident) 84 - 144 Painting 25 Film Making (resident) 100 Film Making (non-resident) 115 Athletic Fields (single use) Field Fee 60 - 75 Field Fee – Light Fee 180 - 200 Athletic Fields (weeks) 300 - 2,370 Field with Lights (weeks) 425 - 1,395 Tanner Floating Slips 40 per foot Tanner Wall Slips 50 per foot South Great Neck Slips 40 per foot Film Permit (per day) 500 – 2000

RESOLUTION NO. 249 MARCH 11, 2020 AUTHORIZATION FOR THE TOWN BOARD TO SUPPORT THE FAMILY SUPPORT SERVICES FOR ADDICTION ACT OF 2020

The following resolution was offered by Councilman Gregory seconded by Councilman McSweeney WHEREAS, the misuse of and addiction to opioids, including prescription pain relievers, heroin, and synthetic opioids such as fentanyl, which has defined the opioid epidemic is a serious national crisis that affects public health as well as social and economic welfare; and WHEREAS, the opioid epidemic has engulfed New York, Long Island, the Town of Babylon and communities like ours around the country; and WHEREAS, the Town Board desires to provide those who are struggling and their loved ones with the support that they need to get their lives back on track; and WHEREAS, studies have shown that one of the main components in recovery is the presence of a strong social support network, especially within a family; and WHEREAS, the Family Support Services for Addiction Act of 2020 is of special interest to the Babylon Town Board as it would help provide much-needed resources for community organizations in our area to develop support systems to assist those experiencing substance use disorders and their families; and WHEREAS, the Town Board finds that our own Beacon Family Wellness Center, which provides comprehensive, affordable and accessible chemical dependency treatment services to residents would benefit from the Family Support Services for Addiction Act of 2020 ; and WHEREAS, the Town of Babylon is in discussions with doctors from Adelphi University and New York University to build out a special program targeted towards treatment for those between the ages of 13 to 21, as well as education and training for their families with supportive interventions; and WHEREAS, this program and partnership would benefit substantially from the grant program included in this proposed legislation; and WHEREAS, Town Board desires to support the Family Support Services for Addiction Act of 2020. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Babylon hereby strongly supports the Family Support Services for Addiction Act of 2020 as advocated by U.S. Sen. Kirsten Gillibrand, U.S. Sen. Shelley Moore Capito, U.S. Rep. David Trone, and U.S. Rep. Dan Meuser; and be it further RESOLVED, that the Town Board of the Town of Babylon authorizes the Supervisor to sign any and all necessary documents, including but not limited to letters of support for the Family Support Services for Addiction Act of 2020.

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 250 MARCH 11, 2020 AUTHORIZING THE CEREMONIOUS CHANGING OF A STREET NAME

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, De La Soul is an American hip hop trio formed in 1988 in the Amityville area of Long Island, New York. They are best known for their eclectic sampling, quirky lyrics, and their contributions to the evolution of the jazz rap and alternative hip hop subgenres. The members are Posdnuos, Trugoy and Maseo; and WHEREAS, the three formed the group in high school and caught the attention of producer Prince Paul with a demo tape of the song "Plug Tunin'". With its playful wordplay, innovative sampling, and witty skits, the band's debut album, 3 Feet High and Rising, has been called "a hip hop masterpiece;" and WHEREAS, the album was the band's biggest commercial success to date, with subsequent ones selling progressively less, despite receiving high praise from critics. They were influential in the early stages of rapper/actor Mos Def's career, and are a core part of the Spitkicker collective. They are the second longest standing Native Tongues group, after the Jungle Brothers. In 2006, the group won a Grammy for their collaboration with Gorillaz on the single "Feel Good Inc."; 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 Bentley Road, between Broadway and County Line Road, Amityville, to “Boulevard De La Soul;” and be it further RESOLVED, the Town of Babylon Department of Public Works shall install signs above the current street signs stating “Boulevard De La Soul.”

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 251 MARCH 11, 2020 PROCLAIMING APRIL 4, 2020 AS “TOM MORTON DAY” IN THE TOWN OF BABYLON

The following resolution was offered by Councilman McSweeney and seconded by Councilman Gregory WHEREAS, Tom Morton was a resident of North Babylon for many years; and WHEREAS, Tom had dedicated his time for his son and many boys that have played baseball in the North Babylon Youth League; and WHEREAS, Tom had a large contribution to the North Babylon Youth League as a coach, coordinator and for the past several years he was in charge of the N. Babylon Fall Ball season; and WHEREAS, Tom worked closely with coaches and league presidents from Babylon, West Babylon, Lindenhurst and West Islip to ensure all the kids had a pleasurable experience; and WHEREAS, Tom was a loving husband to Melissa Morton and father to four children, Thomas, Samantha, Matthew and Nicholas; now therefore be it RESOLVED, the Town Board of the Town of Babylon does hereby proclaim April 4, 2020 as “Tom Morton Day” in the Town of Babylon VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 252 MARCH 11, 2020 AUTHORIZING PERMISSION FOR A WALK-A-THON ON APRIL 30, 2020 IN THE TOWN OF BABYLON FOR THE WYANDANCH COMMUNITY RESOURCE CENTER

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, The Wyandanch Community Resource Center has requested permission to hold a Walk-A-Thon on Thursday, April 30, 2020, from 12:00 p.m. to 1:00 p.m. within the Town of Babylon, INDIVIDUAL: ORGANIZATION: Beverly Theodore Wyandanch Community Resource Center 1585 Straight Path 1585 Straight Path Wyandanch, NY 11798 Wyandanch, NY 11798 (631) 643-1971 (631) 643-1957

DATES & TIMES: STARTING: Date(s): 4/30/2020 to: Wyandanch Community Resource Center, Wyandanch Time: 12:00 p.m. to 1:00 p.m. Rain Date: n/a ENDING: Wyandanch Community Resource Center, Wyandanch

ROUTE: Leaving the Wyandanch Community Resource Center, proceed northeast on Straight Path to Station Drive and continue to the LIRR parking garage. Turnaround. Leaving the LIRR parking garage travel south to Station Drive and continue to Straight Path to the Wyandanch Community Resource Center.

NOW, THEREFORE, be it RESOLVED, that the Town Clerk is hereby directed to forward a copy of this said resolution to the following Departments within the of the Town of Babylon; Public Safety, Central Alarm, Highway, Parks & Recreation, Fire Prevention, Solid Waste Management and also the Suffolk County Police Department and Suffolk County DPW. RESOLVED, that the Town Board of the Town of Babylon does hereby order this resolution as stated and will act as acknowledgement and used as said permit, subject to the rules and regulations of the Commissioner of Parks, Recreation and Cultural Affairs and the Suffolk County Police Department. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 253 MARCH 11, 2020 AUTHORIZING PERMISSION FOR A WALK-A-THON ON OCTOBER 18, 2020 IN THE TOWN OF BABYLON FOR MICHAEL SENA’S MEMORIAL FUND – RUN FOR HOPE

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, Michael Sena’s Memorial Fund – Run for Hope has requested permission to hold a 5K Run/Walk on Sunday, October 18, 2020, from 6:00 a.m. to 12:00 p.m. within the Town of Babylon, INDIVIDUAL: ORGANIZATION: Barbara Sena Michael Sena Memorial Fund – Run for Hope 53 Western Avenue 53 Western Avenue Deer Park, NY 11729 Deer Park, NY 11729 (631) 796-5191 (631) 796-5191 DATES & TIMES: STARTING: Date(s): 10/27/2019 to: Deer Park High School, 1 Falcon Place, Deer Park Time: 6:00 a.m. to 12:00 p.m. Rain Date: n/a ENDING: Deer Park High School, 1 Falcon Place, Deer Park

ROUTE: Leaving Deer Park High School, proceeding south on North 1st Street, turning west on Acorn Street, proceeding north on Ocean Avenue, turning west on Adam Street, turning north on Western Avenue, heading east on Nicolls Road, heading north on Half Hollow Road, turning east on Old Country Road, heading south on Jefferson Avenue, turning east on Nicolls Road, turning south on North 1st Street, then turning west on Falcon Place to Deer Park High School.

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RESOLUTION NO. 254 MARCH 11, 2020 AUTHORIZING PERMISSION FOR A PARADE ON SEPTEMBER 19, 2020 IN THE TOWN OF BABYLON FOR WIG OUT

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, Wig Out has requested permission to hold a parade on Saturday, September 19, 2020 with a rain date of Saturday, September 26, 2020 from 12:00 p.m. to 1:00 p.m. within the Town of Babylon, INDIVIDUAL: ORGANIZATION: Yvette Campbell Wig Out 465 New Highway Apt: B-14 465 New Highway Apt: B-14 Copiague, NY 11726 Copiague, NY 11726 (347) 740-7531 (347) 740-7531

DATES & TIMES: STARTING/ENDING: Date(s): 9/19/2020 to: Bolden Mack Park, Amityville Time: 12:00 p.m. to 1:00 p.m. Rain Date: 9/26/2020

ROUTE: Leaving Bolden Mack Park and heading northwest on Great Neck Rd., turn right onto Columbus Blvd., turn right onto Schleigel Blvd., turn right onto Albany Ave., turn right onto Great Neck Rd. and proceeding to Bolden Mack Park.

North Lindenhurst Fire display case Commissioner of Department of Public Wyandanch Senior Center Department $250.00 Works

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 256 MARCH 11, 2020 AUTHORIZING DEMOLITION AND REMOVAL OF UNSAFE STRUCTURE LOCATED AT 16 S. 30TH ST., WYANDANCH 11798, NY SCTM No. 0100-079.00-01.00-050.000 The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, a certain structure, located at 16 S. 30th Street, Wyandanch, NY, bearing Suffolk County Tax Map No. 0100-079.00-01.00-050.000 is wide open and accessible to the public has substantial accumulations of rubbish and debris on the property providing harborage for rodents, vermin and disease carrying insects, thereby presenting an imminent danger to the safety, health and welfare of the surrounding community residents, and WHEREAS, pursuant to Local Law No. 1 of 1981 and Local Law No. 1 of 1978 all necessary proceedings have been completed in connection with the removal/securing of the aforementioned unsafe structure, and WHEREAS, said building has not been repaired or removed, and WHEREAS, the architect/professional engineer’s report dated January 30, 2020, indicates the structure is unfit for human occupancy, is deteriorated and is dilapidated, has become out of repair as to be dangerous, unsafe and that demolition of the structure including removal of the foundation, is the most likely and prudent course of action, NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Babylon does hereby order the demolition and removal of the structure including removal of the foundation, located at 16 S. 30th Street, Wyandanch, NY, A/K/A SCTM No. 0100-079.00-01.00-050.000, in accordance with the Conclusions and Recommendations set forth in the architect/professional engineer’s report on file in the Department of Code Enforcement, and be it further RESOLVED, that the Town Board of the Town of Babylon does hereby order the securing and board up of the structure located at on the premises 16 S. 30th Street, Wyandanch, NY, A/K/A SCTM No. 0100-079.00-01.00-050.000, in accordance with the Conclusions and Recommendations set forth in the inspector’s report on file in the Department of Code Enforcement, and be it further RESOLVED, that the Comptroller is hereby authorized to pay the architect/professional engineer the cost of the inspection report in the amount of One Hundred and Fifty Dollars ($150.00) for said premises from the appropriate fund, and be it further RESOLVED, the Department of Public Works shall undertake the necessary securing, removal and cleanup, and be it further RESOLVED, that the Assessor is hereby authorized to assess the property owner(s), for all costs incurred in connection with the proceedings to secure the subject premises including the cost of actual securing, removing and repairing.

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 257 MARCH 11, 2020 AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR PAUL ACH OUTER BEACH APPLICATION NO. 133136 SCTM #0100-243-1-175 & 161 The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta WHEREAS, the Building Division of the Department of Planning and Development of the Town of Babylon has reviewed Outer Beach Application No. 133136 of Paul Ach, for the premises located at SCTM #0100-243-1-175 & 161 (43 The Bayou, Oak Beach), to construct a screened in porch; and WHEREAS, the application is a Type II action under the Town of Babylon Environmental Quality Review Act and as such no determination of significance is required; and WHEREAS, the Department of Environmental Control has reviewed the drawings and has determined that this project will not result in significant environmental impacts, NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon that upon the recommendation of the Commissioner of Planning and Development, Outer Beach Application No. 133136 of Paul Ach, for the premises located at SCTM #0100-243-1-175 & 161 (43 The Bayou, Oak Beach), to construct a screened in porch; and be it further RESOLVED, that the issuance of the Building Permit, in accordance with the plans and the application presently on file, be and the same is hereby approved, subject to the terms and conditions of New York State Department of Environmental Conservation’s, Suffolk County Board of Health and/or the United States Army Corps of Engineers’ approval, where applicable. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 258 MARCH 11, 2020 ACCEPTANCE OF DEED OF STREET DEDICATION FOR PORTION OF WASHINGTON AVE AND GRANT AVE, NORTH AMITYVILLE, BEARING SCTM NO. 0100-170.00-02.00-071.000 RUSH DEVELOPMENT LLC. TO TOWN OF BABYLON

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the recommendation of the Department of Public Works, Division of Highway Engineering, that the deeds of dedication for the street dedications set forth on the attached Schedule "A", be and is hereby accepted, AND BE IT FURTHER RESOLVED, that the Supervisor is authorized to execute any documents necessary to effectuate the dedication subject to the approval of the Town Attorney as to form. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

SCHEDULE “A” Metes & Bounds Description

0100-170.00-02.00-071.000 - Street Dedication BEGINNING at the corner intersection of the northerly side of Grant Avenue and Easterly side of Washington Avenue;

Running thence along the easterly side of Washington Avenue, North 20 Degrees 34 Minutes 30 Seconds East, 5.0 feet to a point

Running thence South 69 Degrees 25 Minutes 30 Seconds East, 100.0 feet to a point;

Running thence South 20 Degrees 34 Minutes 30 Seconds West, 5.0 feet to a point on Grant Avenue;

Running thence along the northerly side of Grant Avenue, North 69 Degrees 25 Minutes 30 Seconds West, 100.0 feet to a point or place of BEGINNING.

Being and intending to describe a portion of Tax Map Number: 100-170-02.00-071.00/070.00 as a Roadway Dedication conveyed to the party of the second part, situate in the Town of Babylon, County of Suffolk and State of New York.

RESOLUTION NO. 259 MARCH 11, 2020 SCHEDULING A PUBLIC HEARING IN REFERENCE TO AMENDING CHAPTER 191 OF THE BABYLON TOWN CODE The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney BE IT RESOLVED, by the Town Board of the Town of Babylon, that a Public Hearing be held at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 7th day of April, 2020 at 7:00 p.m., prevailing time, to consider amending Chapter 191 of the Babylon Town Code as set forth in Exhibit “A” herein below; and be it further RESOLVED, that the Town Clerk of the Town of Babylon is directed to publish notice of said public hearing in one of the official newspapers of the Town. VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

EXHIBIT “A” AMEND

191-4 Use of sidewalks prohibited. No person shall propel or ride any ATV, bicycle, pedicab or other such vehicle of propulsion over, along or upon any sidewalk in the Town. No person shall stand, store or otherwise place any bicycle or other such vehicle upon any highway, street, sidewalk or against any building abutting a sidewalk so as to obstruct or interfere with pedestrian or vehicular traffic.

191-4.1 Bicycle operation on roadways Pursuant to New York State Vehicle and Traffic Law Section 1231, every person riding a bicycle upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, and with the flow of traffic, obeying all traffic rules applicable to vehicles and exercising due care when passing a standing vehicle or one proceeding in the same direction.

191-4.2 Reckless operation of a bicycle No person shall operate a bicycle: A. Without due regard for the personal safety or the safety and rights of pedestrians and drivers and occupants of all other vehicles, and so as to endanger the life, limb and property of any person while in the lawful use of the streets or sidewalks or any other public or private property. B. Without exercising reasonable and ordinary control over such bicycle. C. By trick riding or in a weaving or zigzag course, unless such irregular course is necessary for safe operation in compliance with the law. D. By attaching the bicycle or themselves to any vehicle being operated upon a roadway. E. By operating the bicycle while, at the same time, also operating a cellular phone, camera or other electronic device

191-4.3 Impounding In addition to any other penalties imposed by law, whenever a person operates an ATV, bicycle, pedicab or other such vehicle of propulsion in violation of the Town Code, the bicycle may be seized by any member of the Suffolk County Police Department, the Town of Babylon Code Enforcement Office, or the Town of Babylon Public Safety Division and impounded. A bicycle so impounded will be surrendered to the owner or, if the owner is a minor, to the parents or guardians of such minor, only upon final disposition of any charges or the payment of any fines levied for all violations of this Town Code. A complete record of each such impounding shall be kept in the office of the Town Attorney.

191-4.4 Required equipment. Bicycles operated on the public streets or highways of the Town shall be equipped as required by New York State Vehicle and Traffic Law Section 1236.

191-4.5 Penalties for offenses. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be guilty of a violation and be subject to a fine of not less than $250 nor more than $1,000.

3/11/2020 Minutes

RESOLUTION NO. 260 MARCH 11, 2020 SCHEDULING A PUBLIC HEARING IN REFERENCE TO AMENDING CHAPTER 3, ARTICLE II, SECTION 3-4 OF THE TOWN OF BABYLON UNIFORM CODE OF TRAFFIC ORDINANCES

The following resolution was offered by Councilman McSweeney and seconded by Councilman Manetta BE IT RESOLVED, by the Town Board of the Town of Babylon, that a Public Hearing be held at Babylon Town Hall, 200 East Sunrise Highway, Lindenhurst, New York, on the 25th day of March, 2020 at 3:30 p.m., prevailing time, to consider amending Chapter 3, Article II, Section 3-4 of the Town of Babylon Uniform Code of Traffic Ordinances as set forth in the annexed Exhibit “A”; and be it further RESOLVED, that the Town Clerk of the Town of Babylon is directed to publish notice of said public hearing in one of the official newspapers of the Town. VOTES: 4 YEAS: 4 NAYS: 0 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 Hamlet Regulation Hours/ Location Days

Great Neck Road, CO No Standing ALL (CR 47)/ East side From 179 feet +/- North of Parkside Court North for 36 feet +/- Maida Avenue / DP No Parking 8:00 a.m. to East side 6:00 p.m. / Monday From 39 feet +/- northwest of through Friday Skidmore northwest For 111 feet +/- Deer Lake Drive, NB No Parking ALL West side From 315 feet +/- South of Weeks Road South for 45 feet +/-

RESOLUTION NO. 261 MARCH 11, 2020 AUTHORIZING THE EXECUTION OF COVENANTS AND RESTRICTIONS IN CONNECTION WITH THE APPLICATION OF A SCDHS PERMIT

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory BE IT RESOLVED, that the Town Board of the Town of Babylon hereby authorizes the Supervisor to execute Covenants and Restrictions in connection with the Suffolk County Department of Health Services (SCDHS) application for an approval to construct a five (5) story residential apartment building consisting of 94 residential units on the PREMISES and to connect the PREMISES to Suffolk County Southwest Sewer District #3 (Bergen Point).

VOTES: 4 YEAS: 4 NAYS: 0 The resolution was thereupon declared duly adopted.

Open portion:

Amy M. Leftenant 205 Washington Avenue Amityville, NY 11701 [email protected]

Was at February board meeting in regards to the Bunt Development between Harrison Avenue and Field Place. It was tabled to today’s meeting, but 2 weeks ago in the Amityville Record states that the zoning was approved, and now work has been started. The public hearing that happened had no closure. Supervisor Schaffer mentions that he spoke to Beverly Brewster about this and explained that the attorney for the applicant was asked to respond to all the questions that were presented at the public hearing that was held in January not February. The attorney presented to the board with all the information and included the certified letters that where sent to respond to the questions, and the attorney advised us the board that all the questions were answered. Supervisor Schaffer mentions that Beverly brought up two other issues. One having to do with traffic safety on Albany Avenue, and the entrance on that road. The Supervisor has requested the traffic study to be done on the towns portion not by the developer, so that would be done by an outside traffic consultant, who will determine it additional traffic signs will be needed. The other issue, which was addressed at the public hearing, was with the properties that back up to the development and that there would be no interference to these properties from Harrison Avenue. This information will be officially sent to the people who raised that question. Supervisor Schaffer commented for the record that this proposal has been worked on for almost 3 years. The first proposal was for all rentals, which was denied because the town wanted to offer private ownership. The applicant then changed the application, along with others specifications.

Joe L. Turner 14 Harrison Avenue Amityville, NY 11701 631-721-7210

Came to meeting to submit pictures of contaminated soil area, see pictures below. Taken 5/17/2018 – 323 South off land fill. Albany & Harrison Avenues at Stelle Place, North Amityville, NY 11701. Environmental police closed soil dumping area, possible contaminated. Gate locked and yellow taped off area. Working with Councilman McSweeney about the soil on Albany Avenue. Also, the water line on Albany Avenue has to be connected to the new apartments. The contaminated soil has been there for about 3 years. Supervisor Schaffer responded stating that Councilman McSweeney is working and consulting with the Suffolk DA’s office who is conducting an investigation at the site and that we are waiting to hear the status.

3/11/2020 Minutes

Beverly Brewster 110 Harrison Avenue Amityville, NY 11701 631-855-6912

Another issue she wanted addressed in regards to the Bunt Properties is that she wants to make sure that the property will be recorded as affordable purchase and ownership program. Supervisor Schaffer agreed. It will be added as an amendment.

Darlene Miller 360 Albany Avenue Amityville, NY 11701 [email protected]

Can you notate the names of the programs in Suffolk County that have the workforce programs, for example rent with option to buy or the current ones that are valid? Supervisor Schaffer said it would probably be available through Long Island Housing Partnership or the Community Development Corporation of Long Island.

Submitted Town memo’s and petitions, which are saved as permanent record in the Town Clerk’s vault. A petition submitted requesting that the area for the informational mailings to residents be expanded further than the 200’ radius, as a percentage of the residents have not been informed. She also asked to have explained what is the independent survey? Supervisor Schaffer explains requests come from the board and are sent to the Planning Department for them to follow through. He also explains how the traffic studies work. Darlene also wanted to go on the record for the traffic study the exits and entrances that do work and she lists them. Ampress Plaza, Wellington Park Villa, Liberty Village, Bunt Commons #2 & #3, which all have an in and out. Harrison Avenue is wide enough and can have both ingress and egress, but suggests only an ingress on Albany Avenue.

To repeat; Traffic patterns that work, entrances and exits; *Apt. Complex on Wanser Place, cross street with Broadway, *Apt. Unit on Cedar Street, cross street with Broadway, *Bunt Commons II, 10 Dixon Avenue, Amityville, *Bunt Commons III, 107 Wartbury Avenue, Copiague, *Andpress Plaza, Z Andpress Place, Amityville, *Wellington Park Villas, 47 Wellington Place, Amityville, *Liberty Village, 600 Albany Avenue, Amityville

Dolly Brooks 93 Ridge Road Wheatley Heights, NY 11798 631-530-2627 [email protected]

States she was evicted from her own home in Wheatley Heights. She called several times to DuWayne Gregory and never got a call back. She spoke to employees in the town attorney’s office about her personal belongings that was loaded onto a sanitation trailer and then told that they were brought to the incinerator. The judge would not recognize she was the owner even though her name is on the deed.

Lawanna D. Brittonarroyo (on behalf of Caanan James, her husband) 180 Steele Place Amityville, NY 11701 631-813-9301 [email protected]

Never received documents pertaining to the Bunt Properties, also there is speeding going on down Steele Place and maybe as a suggestion to the traffic study, some speed bumps and be added.

Being no further business before the Board, the meeting adjourned at 4:00 pm on the motion of Councilman Gregory, seconded by Councilman McSweeney.

______Geraldine Compitello, Town Clerk

/jt

3/11/2020 Minutes