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 26th day of February, 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 Present Councilman McSweeney Present Councilman Gregory Present Supervisor Schaffer Present

1. A PUBLIC HEARING ON GRANTING REZONING APPLICATION OF ROUTE 109 REALTY GROUP, LLC. FOR THE PREMISES IDENTIFIED BY SCTM#: 0100-209-02-002, 004, 005, & 021.001 LOCATED ON THE S/S/O NYS ROUTE 109, 306’ E/O ARNOLD AVE., WEST BABYLON

RESOLUTION NO. 446-2019 FEBRUARY 26, 2020 TOWN BOARD ENVIRONMENTAL DETERMINATION ON THE PLANNING BOARD JOB #17-04E OF GUSTAVE J. WADE, CAROL E. WADE, GUSTAVE J. WADE FAMILY 2012 IRREVOCABLE TRUST AND COLONIAL SPRINGS FARMS, LLC PREMISES AT SCTM NOS.: 0100-13-02-39.20 TO 39.49 AND PART OF 0100-13-02-51 AND 0100-13-02-39.1 TO 39.19, 0100-11-01-6.1 TO 6.7 (REMAINDER OF EXISTING SUBDIVISION) AND ADOPTION OF ENVIRONMENTAL FINDINGS

The following resolution was TABLED by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, Gustave J. Wade, Carol E. Wade, Gustave J. Wade Family 2012 Irrevocable Trust and Colonial Springs Farms, LLC. (the “Petitioner”) has heretofore petitioned the Town Board of the Town of Babylon for a change of zone of certain property which is located on the n/e/c/o Colonial Springs Rd. & N. 28th St., Wheatley Heights; and WHEREAS, the proposal involves a change of zone from A Residence District to Multiple Residence District (MR) and construction of 264 multiple residence rental units and a 6,475 square foot community building upon a 16.09-acre portion of the site. In addition, relief of certain covenants and restrictions imposed on the subject site proposed for development will be necessary. The northerly portion of the premises (i.e. the remaining 15.87 acres) may be developed with single family homes pursuant to a previously approved and filed subdivision map known as Willoughby Commons. A connection to the Wyandanch Sewer Infrastructure utilizing a pump station and force main is proposed for wastewater disposal. The proposal may also include a future subdivision or road abandonment; and WHEREAS, the Town Board of the Town of Babylon has classified the proposal as a Type I Action and a full coordinated review was conducted that included all Involved Agencies, Interested Agencies and Interested Organizations in accordance with Section 114-6B.2(a) and (3) the Town of Babylon Environmental Quality Review Act (TOBEQRA); and WHEREAS, the Town Board of the Town of Babylon declared itself Lead Agency for the proposal by Petitioners in accordance with the TOBEQRA 114-6B.2(a) and (3); and adopted a Positive Declaration to require a Draft Supplemental Environmental Impact Statement (DSEIS) on April 26, 2017; and WHEREAS, the Town Board of the Town of Babylon accepted the DSEIS on May 17, 2017 by Town Board Resolution No. 411 and conducted a SEQRA Public Hearing on the subject application on June 14, 2017 at 6:00 PM at the Babylon Town Hall Board Room, 200 E. Sunrise Highway, Lindenhurst, NY; and WHEREAS, the Town Board of the Town of Babylon accepted verbal and written comments at the June 14, 2017 SEQRA Public Hearing and written comments were accepted by the Lead Agency until June 26, 2017; and WHEREAS, the Town Board of the Town of Babylon accepted the Final Supplemental Environmental Impact Statement (FSEIS) for public review on November 14, 2018 and circulated the FSEIS to all Involved and Interested Agencies and Interested Organizations to consider the document; and WHEREAS, the proposed action was the subject of a comprehensive, exhaustive SEQRA review; and WHEREAS, the Town Board of the Town of Babylon, as Lead Agency for the proposal, has adequately addressed and considered all of the relevant public and agency comments raised on the DSEIS and FSEIS in accordance with SEQRA; and WHEREAS, the Town Board of the Town of Babylon, as Lead Agency, has determined that the environmental analysis prepared through the DSEIS and FSEIS will provide sufficient information to make a reasoned decision on the project that is consistent with the requirements of Section 617.11 State Environmental Quality Review (SEQR); and WHEREAS, potential adverse environmental impacts are minimized or avoided by the proposed Action to the greatest extent practicable as determined by the Lead Agency, the Town Board of the Town of Babylon; and WHEREAS, the Town Board of the Town of Babylon, as Lead Agency, has carefully considered the proposed action analyzed in the relevant DSEIS and FSEIS review in accordance with the requirements of SEQRA and TOBEQRA and determined the following: See Findings Exhibit “A”, Gustave J. Wade, Carol E. Wade, Gustave J. Wade Family 2012 Irrevocable Trust and Colonial Springs Farms, LLC. Environmental Findings; and WHEREAS, the Town Board of the Town of Babylon has considered the relevant environmental impacts, facts and conclusions disclosed in the DSEIS, FSEIS for the proposal; and WHEREAS, the Town Board of the Town of Babylon has weighed and balanced relevant environmental impacts with social, economic and other considerations; and WHEREAS, Exhibit A has further identified the rationale for the Town Board of the Town of Babylon’s decision; and WHEREAS, the Town Board of the Town of Babylon hereby certifies that the requirements of Chapter 114 of the Code of the Town of Babylon have been met; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Babylon hereby certifies that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action by Gustave J. Wade, Carol E. Wade, Gustave J. Wade Family 2012 Irrevocable Trust and Colonial Springs Farms, LLC.is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigation measures that were identified as practicable as required by the SEQRA AND TOBEQRA.

The resolution was thereupon declared duly TABLED to April 22, 2020 Meeting.

RESOLUTION NO. 447-2019 FEBRUARY 26, 2020 GRANTING THE REZONING APPLICATION OF GUSTAVE J. WADE, CAROL E. WADE, GUSTAVE J. WADE FAMILY 2012 IRREVOCABLE TRUST AND COLONIAL SPRINGS FARMS, LLC FOR THE PREMISES LOCATED AT SCTM NOS. 0100-013.000-02.00-039.020 TO 039.049 AND PART OF LOT 039.051, PLANNING BOARD JOB #17-04ADE;

The following resolution was TABLED by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, GUSTAVE J. WADE, CAROL E. WADE, GUSTAVE J. WADE FAMILY 2012 IRREVOCABLE TRUST AND COLONIAL SPRINGS FARMS, LLC, (collectively the "Petitioner") has heretofore petitioned this Board for a change of zone of the properties identified by SCTM Nos. 0100-013.000-02.00-039.020 TO 039.049 AND PART OF LOT 039.051, further described on Schedule A attached hereto, located in the SC016 School District, from A Residence District to MR Multiple Residence District, in order to construct 264 rental units of which 228 will contain one (1) bedroom and 36 will contain two (2) bedrooms, a 6,475 sq. ft. community building, a 228 sq. ft. pump station, two 750 sq. ft. entrance booths and an outdoor recreation area with a 25 x 45 pool along with associated site improvements; and WHEREAS, a public hearing was held on said petition on June 14th, 2017; and WHEREAS, the Town Board of the Town of Babylon has classified the proposal as a Type I Action and a full coordinated review was conducted that included all Involved Agencies, Interested Agencies and Interested Organizations in accordance with Section 114-6B.2(a) and (3) the Town of Babylon Environmental Quality Review Act (TOBEQRA), a full environmental impact statement review was conducted pursuant to SEQRA and in accordance with that review the Town Board of the Town of Babylon has made a determination that the requirements of Chapter 114 of the Code of the Town of Babylon Town of Babylon Environmental Quality Review Act have been met and that the proposed project is consistent with social, economic and other 2/26/2020 Minutes

essential considerations from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects disclosed in the relevant environmental impact statement. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable pursuant to the adopted Environmental Findings in Resolution No. 446 of June 15, 2019; and WHEREAS, this proposed change of zone conforms to the Town of Babylon Comprehensive Plan, NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon that the application of the "Petitioner" for a change of zone of a certain property which is located at SCTM No. 0100-013.000-02.00-039.020 TO 039.049 AND PART OF LOT 039.051, further described on Schedule A attached hereto, located in the SC016 School District, from A Residence District to MR Multiple Residence District be and the same hereby is granted, and further that the Zone Map of the Town of Babylon be and the same hereby shall be amended to reflect the zone change subject to the following conditions: 1. Subject to final site plan approval from the Planning Board. 2. Subject to Zoning Board of Appeals approval for associated variances. 3. Subject to providing a plan for the sewer connection to the Wyandanch Sewer infrastructure. Provide the following details: a. Description of type of system including location of pump station, force main diameter and design flow. b. Service area, i.e. any other developments to be connected. c. Route of system and proposed connection point at Wyandanch Sewer infrastructure. 4. Owner/applicant shall comply with the Town of Babylon Stormwater Code (Chapter 189). 5. Mitigation measures required in connection with the site development are as follows: a. Fugitive dust generation shall be controlled by appropriate means such as watering. b. Erosion control shall be utilized during construction. c. A rodent control plan will be implemented prior to construction in order to remove rodent populations from the site. Additionally, the adjacent landowners will be notified prior to the commencement of construction. d. Construction will be conducted between the hours of 7am and 8pm on weekdays and between the hours of 9am and 4pm on Saturdays. No exterior construction will be permitted on Sundays, only interior construction 9am and 4pm. Construction activities on the site shall be in strict conformance with Chapter 156-9D of the Noise Code of the Town of Babylon. e. During construction, owner/applicant is responsible to sweep access streets and keep the roadways free of dirt and mud. 6. Applicant/owner must obtain Energy Star Certification for each unit, as per Town Code Chapter 89, Article VI, §89-79. 7. Sewer district and water-saving plumbing fixtures must be utilized. 8. Fire and smoke detection systems and carbon monoxide detectors should be installed in accordance with NFPA 72. 9. Audio/visual notifications for all alarms to be installed in all units. 10. Address number, building number or approved building identification to be placed in a position visible from the street. 11. Subject to Highway and Engineering requirements. 12. Owner to contribute to the fund for the installation and maintenance of emergency vehicle optical pre-emption equipment on traffic signals in the area. Estimated cost to be $1,500.00. 13. All on site signage shall conform to the Manual of Uniform Traffic Control Devises for Streets and Highways (MUTCD) specifications for both highway and on-site traffic controls and must conform to the federal MUTCD and the NYS Supplement to the manual of Uniform Traffic Control Devices. All signs must be fabricated using high-intensity retro-reflective sheeting. 14. The applicant shall be required to pay a fee of $2,245.00 for the ordinance, fabrication and installation of three (3) stop signs, two (2) “One Way, Do Not Enter” signs assemblies and four (4) “No Left Turn” symbol signs. 15. The location of all HVAC, air handlers’ transformers and RPZ shall be approved by the Town of Babylon Planning Department prior to installation. 16. Subject to the proposed development connecting to the Southwest Sewer District. 17. Subject to SWPPP approval. 18. As a minimum measure to reduce noise levels, applicant/owner to install sound insulation panels around all air-conditioning units, chillers, refrigeration units and sound insulation blankets around all air-handling units if required by the Town. 19. During construction, owner/applicant is responsible to sweep access streets and keep the roadways free of dirt and mud. 20. The location of new transformers and water service devices shall be approved by the Town of Babylon Planning Department prior to installation and shall not be located adjacent to any roadways. 21. Subject to the requirements of Highway, Engineering, and the Fire Marshall. 22. Subject to the applicant providing funding in the amount of $20,000 for local community benefits/improvements to be disbursed as follows: $5,000 to the Wyandanch Fire Department; $5,000 to the Wheatley Heights Ambulance Corps; $5,000 to the Wheatley Heights Taxpayers Civic Association (to provide $1,000 scholarships to 5 individuals); and $5,000 to the Wheatley Heights Football League “The Chiefs.” In the event any one or more of the groups described above no longer exist, that share of the funding amount shall be distributed evenly among the remaining groups. 23. Subject to the applicant installing lighting on the south side of Colonial Springs Road from Conklin Street to North 27th Street. 24. Subject to the applicant installing sidewalk on the south side of Colonial Springs Road from Conklin Street to North 27th Street. 25. Subject to the dedication of 10 feet of land along the east side of 28th Street and the north side of Colonial Spring Road for a distance of 40 feet in the northerly and easterly direction from the corner of North 28th Street and Colonial Springs Road. 26. Subject to the applicant, installing two Radar Driver Feedback signs and any associated thermal striping along Colonial Springs Road at locations to be determined by the Town of Babylon Planning Department, subject to approval of the Town of Babylon Division of Traffic Safety. 27. Subject to the applicant constructing a bypass lane on the project site at the southwest guard booth. 28. Subject to the applicant installing four inverted “U” bicycle racks on the project site at locations to be determined by the Town of Babylon Planning Department. 29. Subject to the applicant’s submittal of and the Suffolk County Department of Health Services acceptance of a Soil Management Plan (SMP). 30. Subject to any New York State Department of Environmental Conservation permits as may be required. 31. Subject to Suffolk County Department of Health Services requirements (including those applicable for deep recharge zones) for any regulated materials storage. RESOLVED, that the aforementioned change of zone shall not be effective until there has been filed with the County Clerk of Suffolk County the following Covenants and Restrictions to run with the land, subject to the approval of the Town Attorney: 1. No further development of the site without Planning Board approval. 2. The development shall comply with all federal, state and local fair housing and ADA requirements. 3. Twenty percent (53) units shall be designated as work force/affordable housing. Units to be scattered equally throughout the site. Affordable/workforce units shall be equally distributed throughout the site. Affordable/workforce units shall be targeted to qualified households making 80% or less than the Suffolk County HUD income limits, which are updated annually. A recognized affordable housing provider shall be engaged by the owner/applicant to oversee the affordable component. Proof of such engagement shall be provided to the Planning Department. 4. The applicant/owner shall maintain the Town of Babylon recharge basin as per the approved site plan. 5. Owner/applicant shall comply with all NYS regulations for handicapped accessibility including but not limited to handicapped ramps and handicapped parking spaces. 6. The buildings shall have a fully automatic fire sprinkler system installed pursuant to NFPA 13 and Section 213-235 of the Town Zoning Code and as required by the Fire Marshal. 7. All site lighting to be contained on site and must conform to dark-sky lighting regulations. 8. The owner/developer is responsible for maintaining all site development improvements including, but not limited to the following: fire and smoke detection system, automatic fire sprinkler system, building, drainage, curbs, sidewalks, fencing, asphalt, landscaping, etc. 9. All buildings, structures, signs, fences and landscaping shall be maintained in accordance with all applicable codes and ordinances of the Town of Babylon, and violations thereof may be prosecuted and enforced in the same manner as provided therein. 10. All units to have central air conditioning or through the wall air-conditioning units, no window units to be permitted. 11. The use of inorganic fertilizers, pesticides and herbicides shall be minimized as standard operating procedure for the landscape maintenance of the site. 12. SWPPP maintenance access in accordance with Section 189-8 of the Code of the Town of Babylon. The Town of Babylon shall be provided with access to the stormwater infrastructure at reasonable times for periodic inspection by the Town of Babylon and its officers to ensure that the infrastructure is maintained in proper working condition to meet design standards and any other provisions established by Chapter 189. This agreement shall be binding on all subsequent landowners.

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13. 13. SWPPP maintenance after construction in accordance with Section 189-8 of the Code of the Town of Babylon. Stormwater management practices installed in accordance with Chapter 189 shall be operated and maintained to ensure that the goals of Chapter 189 are fully achieved. Proper operation and maintenance includes, at minimum, the following: a. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of Chapter 189. A written record of stormwater management system maintenance activities shall be established and maintained on site and be available for review by the Town of Babylon upon request. b. Written procedures for operation and maintenance and training new maintenance personnel shall be prepared and maintained on site and will be available for review by the Town of Babylon upon request. c. Discharges from the SMPs shall not exceed design criteria or contribute to water quality standard violations in accordance with § 189-8B of the Code of the Town of Babylon. 14. Upon completion of construction, any stormwater control structures impacted during construction shall be cleaned by the owner or operator. Routine maintenance of the storm water infrastructure on the site will include the following: a. Monitoring of the drainage inlets (catch basins) will be completed routinely, particularly after large storm events and must be kept free from obstruction by leaves trash and other debris. b. Drainage grates must be kept free from obstruction by leaves, trash and other debris. c. Drainage structures shall be inspected annually to determine if sediment removal is necessary to ensure that the drainage structures are properly functioning and that they permit adequate conveyance throughout the system. If applicable, the manufacturer’s specifications for maintenance procedures and frequency must be strictly followed. d. The drainage structures must be routinely monitored for the removal of surface sediment and trash. e. Street sweeping of the parking areas shall be conducted at least four times annually to remove sediment that may impact the drainage infrastructure and additionally, as necessary due to storm events. f. The grounds and parking area shall be inspected for litter monthly and any litter shall be removed as necessary 15. The proposed project would include 54 affordable units, or 20.5 percent of the total 264 units. In addition, the proposed project would set aside 10 of the 54 affordable units for post 9-11 combat veterans, subject to compliance with applicable fair housing regulations and specific program terms. The selection criteria for the 10 veterans’ units shall be determined by a Town of Babylon-designated agency or individual. BE IT FURTHER RESOLVED, that in case of any violation or attempted violation of any of the covenants by the owners or their lessees and failure of the owners to remedy any such violation within thirty (30) days after written notice by the Town, the Town shall have the right, on its own motion and after notice, to rescind said change of zone and the subject premises shall revert from MR Multiple Residence District to A Residence District, and be it further RESOLVED, that if the owners hereto, or any of them, their lessees, their heirs, successors, or assignees shall violate or attempt to violate any of the covenants or conditions required by the granting of this permit, it shall be lawful for the Town of Babylon to prosecute any proceedings at law or in equity, including but not limited to enforcement by way of injunctive relief; any remedies chosen by the Town Board to enforce any covenant, restriction or condition herein shall be cumulative and at the discretion of the Town Board as to how best to enforce such covenant, restriction or condition; the election of one method of enforcement shall not constitute a bar to electing any other method of enforcement permitted by law; and be it further, RESOLVED, that the Town Clerk of the Town of Babylon be and hereby is authorized to publish a notice of said change of zone in one of the official newspapers of the Town of Babylon.

The resolution was thereupon declared duly TABLED to April 22, 2020 Meeting.

SCHEDULE A

All that certain, piece or parcel of land situate, lying, and being at Wheatley Heights, in the Town of Babylon, County of Suffolk, and State of New York, being more particularly bound and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Colonial Springs Rd and the easterly side of North 28th Street, and from said point or place of Beginning; Running thence northerly along the easterly side of North 28th Street North 7° 58' 00” West 279.08 feet to the land now or formerly of the Federation of Jewish Philanthropies, Running thence northeasterly, along said Federation of Jewish Philanthropies land North 34° 25' 37" East 538.19 feet to the land now or formerly of the Town of Babylon, Running thence along land now or formerly of the Town of Babylon, northeasterly, easterly, northerly and easterly the following four courses and distances, 1. North 48° 59' 37" East 264.64 feet to a point, 2. North 82° 02' 00" East 385.23 feet to a point, 3. North 7° 58' 00" West 40.00 feet to a point, 4. North 82° 02' 00" East 71.48 feet to point, Running thence southerly South 7° 58' 00" East 13.05 feet to a point, Running thence easterly the following four courses and distances, 1. North 82° 02' 00" East 127.14 feet to a point, 2. Along the arc of a curve, bearing to the left, having a radius of 38.00 feet, a distance of 24.92 feet 3. Along the arc of a curve, bearing to the right, having a radius of 42.00 feet, a distance of 8.12 feet 4. North 82° 02' 00" East 21.39 feet to the westerly side of North 23rd Street Running thence southerly along the westerly side of North 23rd Street, South 07° 58' 00" East 549.28 feet to a point, Running thence westerly South 82° 02' 00" West 450.00 feet to a point, Running thence southerly South 7° 58' 00" East 226.78 feet to a point Running thence westerly, South 82° 02' 00" West 520.00 feet to the point, Running thence southerly South 7° 58' 00" East 208.47 feet to the northerly side of Colonial Springs Road, Running thence westerly along the northerly side of Colonial Springs Road North 71 ° 30' 48" West 279.24 feet to the easterly side of North 28th Street, to the point or place of BEGINNING. Containing therein 700,969.35 Sq. Ft or 16.092 Acres

RESOLUTION NO. 190 FEBRUARY 26, 2020 ACCEPTING TOWN BOARD MINUTES

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez 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 13, 2020

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 191 FEBRUARY 26, 2020 AUTHORIZING CONTRACT WITH LABOR EDUCATION & COMMUNITY SERVICES AGENCY, INC. (LECSA)

The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta WHEREAS, a proposal for Employee Assistance Services was solicited from Labor Education & Community Services Agency, Inc. (“LECSA”), and WHEREAS, the Professional Consultant Evaluation Committee convened on February 25, 2020 with the Deputy Supervisor, the Chief of Staff, the Town Attorney, Comptroller, the Commissioner of General Services, the Commissioner of Planning & Development and the Commissioner of the Department of Public Works in attendance to review the aforementioned proposal; and 2/26/2020 Minutes

WHEREAS, after a thorough review of the proposals, the Committee recommends the award of a contract to LECSA for an annual contract amount of TWENTY-FIVE THOUSAND ($25,000.00) 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 LECSA for a total contract amount not to exceed TWENTY FIVE THOUSAND ($25,000.00) 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 General Services, the Commissioner of Human Services, and the Town Attorney.

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 192 FEBRUARY 26, 2020 AUTHORIZING A CONTRACT WITH METES & BOUNDS SURVEYING, INC.

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, a proposal for surveying services at the Town’s landfill was solicited from Metes & Bounds Surveying, Inc. WHEREAS, the Professional Consultant Evaluation Committee convened on February 25, 2002 with the Deputy Supervisor, the Chief of Staff, the Town Attorney, the Comptroller, the Commissioner of General Services, Commissioner of Planning & Development and the Commissioner of Planning & Development 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 Metes & Bounds Surveying, Inc. at the following fees: Locate monuments and discs on the Northern U $1,800.00/event Performance Monitoring Report $700.00/event Locate monuments and discs on Southern Ashfill $1,800.00/event Performance Monitoring Report $700.00/event Additional Services – Field Crew $185.00/hour Additional Services – Office $100.00/hour

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 Metes and Bounds Surveying, Inc. at the aforementioned fees, and that said contract is subject to the approval of the Town Attorney, and be it further RESOLVED, that said contract shall be for a one (1) period and may be extended for two (2) additional (1) one-year periods at the discretion of the committee. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 193 FEBRUARY 26, 2020 AUTHORIZING A CONTRACT WITH COBERT BANKING COURIER

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, a proposal for courier services for the Planning & Development/Building Department was solicited from Cobert Banking Courier, and WHEREAS, the Professional Consultant Evaluation Committee convened on February 25, 2020 with the Deputy Supervisor, Chief of Staff, Town Attorney, 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 Cobert Banking Courier at a rate of TWENTY-TWO ($22.00) DOLLARS PER DAY 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 one (1) year contract with Cobert Banking Courier at a rate of TWENTY TWO ($22.00) DOLLARS PER DAY and that said contract shall be subject to the approval of the Town Attorney as to form and content.

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 194 FEBRUARY 26, 2020 AWARDING BID NO. 20G5, REQUIREMENTS CONTRACT FOR ADA IMPROVEMENTS AND MISCELLANEOUS CONCRETE WORK ON VARIOUS TOWN ROADWAYS

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez WHEREAS, the following bids for Bid No.20G5, Requirements Contract for Requirements Contract for ADA Improvements and Miscellaneous Concrete Work on Various Town Roadways, was received, opened and publicly read: BIDDER TOTAL BID COMPARISION PRICE Suffolk Paving Corp. $4,407,540.00 The LandTek Group, Inc. $4,804,955.00 Laser Industries, Inc. $4,84,370.00 DeAl Concrete Corp. $4,972,270.00

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. 20G5 be and is hereby awarded to the low bidder Suffolk Paving, Corp. for a total bid comparison price FOUR MILLION FOUR HUNDRED SEVEN THOUSAND, FIVE HUNDRED FORTY ($4,407,540.00) 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 Suffolk Paving Corp., 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 195 FEBRUARY 26, 2020 AWARDING BID NO. 20G10, REQUIREMENTS CONTRACT FOR DRAINAGE CONSTRUCTION ON VARIOUS TOWN ROADWAYS

The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta WHEREAS, the following bids for Bid No.20G10, Requirements Contract for Drainage Construction on Town Roadways, was received, opened and publicly read: BIDDER TOTAL BID COMPARISION PRICE The LandTek Group, Inc. $7,391,750.00 Laser Industries, Inc. $8,445,700.00

NOW THEREFORE, be it

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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. 20G10 be and is hereby awarded to the low bidder, The LandTek Group, Inc. for a total bid comparison price SEVEN MILLION, THREE HUNDRED NINETY ONE THOUSAND, SEVEN HUNDRED FIFTY ($7,391,750.00) 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 The LandTek Group, 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 196 FEBRUARY 26, 2020 AWARDING RFP 20G15 REQUEST FOR PROPOSALS TO MANAGE THE TOWN OF BABYLON’S MORTGAGE IN DEFAULT REGISTRY ORDINANCE

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, the following proposals for RFP No. 20G15 Request for Proposals to Manage the Town of Babylon’s Mortgage in Default Registry Ordinance WHEREAS, the following firms submitted proposals to the Department of General Services: Property Registration Champions LLC d/b/a PROCHAMPS RESOLVED, that based upon the recommendation of the Commissioner of General Services and the Town Attorney and upon their finding, RFP No. 20G15 be and is hereby awarded to Property Registration Champions LLC d/b/a PROCHAMPS, and be it further RESOLVED, that the Supervisor be and is hereby authorized to execute a five (5) year contract with Property Registration Champions LLC d/b/a PROCHAMPS, and 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 five (5) additional one (1) year terms at the discretion of the Commissioner of General Services VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 197 FEBRUARY 26, 2020 A RESOLUTION AUTHORIZING THE ISSUANCE OF $100,000 BONDS OF THE TOWN OF BABYLON, SUFFOLK COUNTY, NEW YORK, TO FINANCE LED LIGHTING CONVERSION AT TOWN FACILITIES THROUGHOUT THE TOWN

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, the applicable provisions of the State Environmental Quality Review Act have been complied with to the extent required with respect to the above-titled purposes; BE IT RESOLVED, by the Town Board of the Town of Babylon, Suffolk County, New York, as follows: Section 1. For the financing LED lighting conversion at Town facilities throughout the Town, a class of objects or purposes, there is hereby authorized to be issued $100,000 bonds of the Town of Babylon, New York, pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of such class of objects or purposes is $100,000, and the plan for the financing thereof is by the issuance of $100,000 bonds of said Town hereby authorized to be issued therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five (5) years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years, and that the foregoing is not an assessable improvement. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Local Finance Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year and the capital budget of the Town is hereby amended to provide for the foregoing appropriation. Section 5. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00, Section 30.00, Section 50.00, Sections 56.00 to 60.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Town Board relative to authorizing the issuance of any notes in anticipation of the sale of the bonds herein authorized, or the renewals thereof, determining whether to issue bonds with substantially level or declining annual debt service, determining whether the bonds and notes issued hereunder will bear interest at a fixed or variable rate, prescribing the terms, form and contents of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, and any other powers or duties pertaining to or incidental to the sale and issuance of the bonds herein authorized, bond anticipation notes issued in anticipation of said bonds and the renewals thereof, are hereby delegated to the Supervisor, as the chief fiscal officer of the Town. The Town Board hereby determines that bonds and notes authorized hereby shall bear interest at a fixed or variable rate as determined in accordance with the provisions of the Local Finance Law. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which is effective immediately, shall be published in summary form in Newsday, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 8. The proceeds of the bonds herein authorized may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which such bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 9. The proceeds of the bonds herein authorized may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which such bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department.

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 Yea Councilman McSweeney Voting Yea Councilman Gregory Voting Yea Supervisor Schaffer Voting Yea The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 198 FEBURARY 26, 2020 AUTHORIZING 2019 BUDGET MODIFICATION

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the recommendation of the Town Comptroller, that the following 2019 Budget Modification is hereby authorized: Increase Decrease General Fund

Clerk Part Time Clerical A.1410.16 $ 2,929 Administrative A.1410.13 $ 487 Elected Official A.1410.10 $ 433 Professional and Technical Services A.1410.44 $ 21,628 Full Time Clerical A.1410.14 $ 14,382 Office Supplies A.1410.41 $ 974 Records Management Full Time Clerical A.1460.14 $ 3,015 Equipment A.1460.20 $ 2,500 Contingent Account Miscellaneous A.1990.49 $ 4,606 Purchasing Administrative A.1345.13 $ 3,431 Full Time Clerical A.1345.14 $ 15,517 Overtime A.1345.19 $ 2,054

Miscellaneous A.1345.49 $ 100 Buildings Full Time Clerical A.1620.14 $ 934 Full Time Labor A.1620.15 $ 27,908 Overtime A.1620.19 $ 840 Equipment A.1620.20 $ 530 Furniture A.1620.42 $ 64,823 Central Printing and Mailing Overtime A.1670.19 $ 67 Central Data Processing Administrative A.1680.13 $ 116,204

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 199 FEBRUARY 26, 2020 AUTHORIZING 2020 BUDGET MODIFICATION

The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta 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 Off Street Parking Program Operations A.5650.47 $ 1,370 Contingent account Miscellaneous A.1990.49 $ 1,370

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 200 FEBRUARY 26, 2020 AUTHORIZING A CONTRACT WITH SNUGG HOME, LLC

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, a proposal for maintenance and license fees for the DIY software system for Long Island Green Homes was solicited from Snugg Home, LLC WHEREAS, the Professional Services Consultant Evaluation Committee convened on March 9, 2017 with the Deputy Supervisor, Chief of Staff, Town Attorney, Comptroller, the Commissioner of Planning & Development, and Commissioner of the Department of Public Works to review the aforementioned proposal, and WHEREAS, after a thorough review of the proposal, the Committee recommends an award of a contract to Snugg Home, LLC at the following fees: $1,333.33 per month for Maintenance $1,372.79 Annual License Fees for 1 user, with a 5% increase for years 2 and 3, respectively $150 per hour for additional services, NOW, THEREFORE, be it RESOLVED, that based upon the recommendation of the Review Committee, the Supervisor be and he is hereby authorized to execute a contract with Snugg Home, LLC for a period of one (1) year at the following fees: $1,333.33 per month for Maintenance $1,372.79 Annual License Fees for 1 user, with a 5% increase for years 2 and 3, respectively $150 per hour for additional services, and that said contract shall be approved by 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) year periods at the discretion of the Professional Services Consultant Evaluation Committee. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 201 FEBRUARY 26, 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

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 202 FEBRUARY 26, 2020 AUTHORIZING THE TRANSFER OF RESIDUAL EQUITY FROM A CAPITAL PROJECT TO APPROPRIATED RESERVES

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez WHEREAS, The Town of Babylon has bonded for a capital project namely, Various Decking and Railing Improvements (the “Project”) approved by Town Board Resolution No.151 of February 7, 2017; and WHEREAS, the Project has unused funding allocated totaling $601.91 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 $601.91 from the Various Decking and Railing Improvements 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

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RESOLUTION NO. 203 FEBRUARY 26, 2020 AUTHORIZING REFUND OF FEES ANIMAL SHELTER

The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta BE IT RESOLVED, by the Town Board of the Town of Babylon, upon the recommendation of the Director of the Town of Babylon Animal Shelter, that the following fees be refunded: Name Address Fee Activity Case Reason Number

Felix Lutrario 135 Patis Court $45.00 Dog Adoption 19-586 Dog was returned West Islip, NY 11795 New 20-20

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 204 FEBRUARY 26, 2020 AUTHORIZING REFUND OF PAYMENT

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 Long Island Green Homes that the following payment be refunded as an overpayment:

REFUND OF PAYMENT:

PAYEE ADDRESS TYPE AMOUNT REASON Howard and Joyce Allen 700 Centerwood St. North Green Homes Benefit $575.46 overpayment Babylon, NY 11703 Assessment

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 205 FEBRUARY 26, 2019 AUTHORIZING RELEASE OF BOND

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, 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 Educational Bus Transportation Inc. 51 Lamar St. Building Permit #’s: $200.00 56 W. Church St. W. Babylon, NY 11704 2019-0689 Spring Valley, NY 10977

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 206 FEBRUARY 26, 2020 AUTHORIZING THE FILING OF AN APPLICATION AND EXECUTION OF A CONTRACT FOR STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS WASTE STATE ASSISTANCE PROGRAM

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez WHEREAS, New York State provides financial aid for household hazardous waste programs; and WHEREAS, the Town of Babylon has examined and duly considered the applicable laws of the State of New York and deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, a contract by and between the People of the State of New York and the Town of Babylon is required to be executed for such state aid, NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon that the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized; and be it further RESOLVED, that the Supervisor is directed and authorized to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; and be it further RESOLVED, that the Town of Babylon agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs; and be it further RESOLVED, that two (2) certified copies of this resolution be prepared and sent to the NYSDEC together with a complete application.

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 207 FEBRUARY 26, 2020 CONFIRMING MEMBERSHIP TO THE EAST FARMINGDALE VOLUNTEER FIRE COMPANY, INC.

The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta 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 East Farmingdale Volunteer Fire Company, Inc., 930 Conklin Street, East Farmingdale, New York:

Kassandra Rodriguez 36 Schleigel Blvd., Farmingdale. NY 11735

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 208 FEBRUARY 26, 2020 AUTHORIZING PERMISSION FOR A PARADE ON MAY 2, 2020 IN THE TOWN OF BABYLON FOR WEAR RED OR GO NAKED, INC.

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, Wear Red or Go Naked, Inc. has requested permission to hold a parade on Saturday, May 2, 2020 with a rain date of May 9, 2020 within the Town of Babylon, INDIVIDUAL: ORGANIZATION: Matthew Amore Wear Red or Go Naked, Inc. 840 6th St., West Babylon, NY 11704 (631) 921-6291 840 6th St., West Babylon, NY 11704 (631) 921-6291

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DATES & TIMES: STARTING/ENDING: Date(s): 5/2/2020 to: Santapogue Elementary School, 1130 Herzel Blvd., West Babylon Time: 9:00 a.m. to 11:00 a.m. Rain Date: 5/9/2020 (Parking Lot)

ROUTE: Leaving the Santapogue Elementary School parking lot; proceed west on Herzel Blvd. to Straight Path; proceed north to 13th St.; proceed northeast to Little East Neck Rd.; proceed south to 3rd St.; proceed southwest to 12th Ave.; proceed north to 9th St. to the Santapogue Elementary School parking lot. 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 209 FEBRUARY 26, 2020 PROCLAIMING THE MONTH OF MARCH AS IRISH AMERICAN HERITAGE MONTH IN THE TOWN OF BABYLON

The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, In February, 2019, the Suffolk County Legislator and Suffolk County Executive Steve Bellone voted on and approved a resolution to designate March as Irish American Heritage Month in Suffolk County; and WHEREAS, a request was made to illuminate the north side of the H. Lee Dennison Executive Office Building with Green Glow on March 17th, beginning in 2019 and continuing every year thereafter; and WHEREAS, in order to increase awareness and educate residents of the Town of Babylon of the importance of Irish American heritage, the Town of Babylon will join the Suffolk County with proclaiming the month of March as Irish American Heritage month; and WHEREAS, to coincide with Suffolk County, the Town Hall Building will be illuminated with a green glow on March 17th 2020 and every following year; and NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon does hereby proclaim March as “Irish American Heritage” Month in the Town of Babylon and that the Town Hall Building will be illuminated with a green glow on March 17th 2020 and every following year. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 210 FEBRUARY 26, 2020 PROCLAIMING MAY 14, 2020 AS “APRAXIA AWARNESS DAY” IN THE TOWN OF BABYLON

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez WHEREAS, May 14th marks Childhood Apraxia of Speech Day during which awareness will be raised throughout the Town of Babylon about Childhood Apraxia of Speech, an extremely challenging speech disorder in children. WHEREAS, Childhood Apraxia of Speech (CAS) causes children to have significant difficulty learning to speak and is among the most severe speech deficits in children. WHEREAS, the act of learning to speak comes effortlessly to most children, those with apraxia endure an incredible and lengthy struggle. WHEREAS, without appropriate speech therapy intervention, children with apraxia are placed at high risk for secondary impacts in reading, writing, spelling, and other school-related skills. WHEREAS, that such primary and secondary impacts diminish future independence and employment opportunities if not resolved or improved. WHEREAS, most children with apraxia of speech will learn to communicate with their very own voices only if they receive early intervention, appropriate, intensive, and frequent speech therapy. WHEREAS, it is imperative there be greater public awareness about childhood apraxia of speech in the Town of Babylon among community members, physicians, education professionals, policy makers, and elected officials. WHEREAS, funders such as insurance providers, schools, and policy makers are encouraged to recognize the critical need to provide adequate speech therapy and other services so that the impact of this disorder is minimized and so that thousands of affected children can grow into productive, contributing adult citizens. WHEREAS, our highest respect goes to these children, as well as their families, for their effort, determination and resilience in the face of such obstacles; and be it, RESOLVED, that May 14th is “Apraxia Awareness Day” and citizens of the Town of Babylon and surrounds are encouraged to work within their communities to increase awareness and understanding of Childhood Apraxia of Speech. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 211 FEBRUARY 26, 2020 AUTHORIZING THE SUPERVISOR TO EXECUTE A FIREWORKS AGREEMENT WITH SANTORE’S WORLD FAMOUS FIREWORKS, LLC.

The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta 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 with Santore’s World Famous Fireworks, LLC. for a fireworks display within the Town of Babylon on August 15, 2020 (alternate date August 16, 2020) for a fee of Twenty Two Thousand Five Hundred and 00/100 ($22,500) Dollars; and be it further RESOLVED, that said agreement is subject to the approval of the Town Attorney as to form and content. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 212 FEBRUARY 26, 2020 SCHEDULING A PUBLIC HEARING ON THE REZONING APPLICATION OF FARMINGDALE HOSPITALITY PARTNERS, LLC. FOR THE PREMISES IDENTIFIED BY SCTM#: 0100-048-02-014.001 LOCATED ON THE W/S/O NYS ROUTE 110, 919’ N/O MICHAEL DR., EAST FARMINGDALE

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, on the application for a change of zone of the property at SCTM No#: 0100-048-02-014.001, further described on Schedule A attached hereto. The applicant proposes a change of zone from G-Industrial District to M/H-Planned Motel-Hotel District, in order to construct a 4-story, 101 room hotel, along with associated site improvements; and be it; RESOLVED, that a more detailed diagram of the property which is affected by the petition is on file in the office of the Department of Planning and Development and may be examined during regular office hours by any interested person, and any interested person will be given the opportunity to be heard at the public hearing, 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. SCHEDULE A

BEGINNING AT A POINT ON THE WESTERLY SIDE OF BROAD HOLLOW ROAD, SAID POINT BEING IN THE SOUTHERLY LINE OF TAX LOT 12, BLOCK 2, SECTION 48, SAID POINT ALSO BEING DISTANT THE FOLLOWING TWO COURSES FROM A POINT ON THE NORTHERLY END OF A CURVE HAVING A RADIUS OF 50.00 FEET CONNECTING SAID WESTERLY SIDE OF BROAD HOLLOW ROAD WITH THE NORTHERLY SIDE OF MICHAEL DRIVE: 2/26/2020 Minutes

A) NORTH 02 DEGREES – 23 MINUTES – 23 SECONDS EAST, A DISTANCE OF 1,134.00 FEET TO A POINT, THENCE; B) NORTH 02 DEGREES – 21 MINUTES – 00 SECONDS EAST, A DISTANCE OF 12.09 FEET TO THE POINT AND PLACE OF BEGINNING AND SAID BEGINNING POINT RUNNING THENCE. 1. ALONG THE AFORMENTIONED WESTERLY SIDE OF BROAD HOLLOW ROAD, SOUTH 02 DEGREES – 21 MINUTES – 00 SECONDS WEST, A DISTANCE OF 12.09 FEET TO A POINT; 2. ALONG THE WESTERLY SIDE OF BROAD HOLLOW ROAD AS PER MAP NO. 332, PARCEL NO. 332, SOUTH 03 DEGREES – 25 MINUTES – 24 SECONDS WEST, A DISTANCE OF 182.01 FEET TO A POINT THENCE; 3. ALONG A LINE DIVIDING LOT 14.001 AND LOT 14.002, BLOCK 2, SECTION 48, NORTH 86 DEGREES – 34 MINUTES – 36 SECONDS WEST, A DISTANCE OF 459.53 FEET TO A POINT, THENCE; 4. ALONG A LINE DIVIDING LOT 14.001 AND LOT 13.1, BLOCK 2, SECTION 48, NORTH 30 DEGREES – 57 MINUTES – 04 SECONDS EAST, A DISTANCE OF 307.52 FEET TO A POINT, THENCE; 5. ALONG A LINE DIVIDING LOT 14.001 AND SAID LOT 12, BLOCK 2, SECTION 48, SOUTH 72 DEGREES – 39 MINUTES – 30 SECONDS EAST, A DISTANCE OF 326.77 FEET TO THE POINT AND PLACE OF BEGINNING.

RESOLUTION NO. 213 FEBRUARY 26, 2020 TOWN BOARD ENVIRONMENTAL DETERMINATION PLANNING BOARD JOB NO. 19-31AE ROUTE 109 REALTY GROUP LLC SCTM NO. 0100-209-02-002,004,005 AND 21.01 ON THE SOUTH SIDE OF NEW YORK STATE ROUTE 109, 306 FEET EAST OF ARNOLD AVENUE, WEST BABYLON WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, Route 109 Realty Group LLC (the applicant) proposes a change of zone from the A-Residence District to the Multiple Residence (MR) District, in order to construct a 2-story, 4,495 square feet (sf) footprint building for eight (8) one-bedroom MR units, to be merged with an existing adjacent MR development, along with associated site improvements; and WHEREAS, the area of new development totals 25,239 sf (.579ac), which will be merged with an existing 43,430sf MR parcel, for a total site area of 68,669 sf (1.576ac). WHEREAS, to the west of the subject site are E-Business parcels and to the south are A-Residence parcels; and WHEREAS, the Town Board of the Town of Babylon hereby declares its intent to be the lead agency for the application of Route 109 Realty Group LLC in accordance with the State Environmental Quality Review Act (SEQRA) and the Town of Babylon Environmental Quality Review Act (TOBEQRA); and WHEREAS, the Department of Environmental Control is assisting the Town Board of the Town of Babylon in fulfilling its responsibilities under SEQRA and TOBEQRA; and WHEREAS, the Town Board of the Town of Babylon hereby classifies the proposal as an Unlisted Action with an uncoordinated review having been conducted; and WHEREAS, in accordance with the requirements of 6NYCRR Sections 617.6 and 617.7, and Sections 114-6 and 114-7 of Chapter 114 of the Code of the Town of Babylon, the Department of Environmental Control has reviewed the Environmental Assessment Form with respect to the submitted site plan; and WHEREAS, based upon review of the information submitted, the Department of Environmental Control has recommended that a Negative Declaration be adopted; and WHEREAS, the Town Board of the Town of Babylon has reviewed the available information on this proposal and the recommendation of the Department of Environmental Control; and WHEREAS, that the Town Board of the Town of Babylon hereby independently determines the following: 1. The proposal will not create a significant increase in traffic. 2. The project site does not contain any sensitive environmental resources or habitat. 3. The project will not adversely impact groundwater resources. The project will connect to the Southwest Sewer District for wastewater disposal. 4. The project is consistent with existing land use along New York State Route 109. NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Babylon as lead agency hereby determines that the proposal by Route 109 Realty Group LLC will not have a significant adverse impact on the environment. AND FURTHER BE IT, RESOLVED, that based upon the foregoing determination, the Town Board of the Town of Babylon hereby adopts a NEGATIVE DECLARATION, for the proposal by Route 109 Realty Group LLC as required by the SEQRA AND TOBEQRA. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 214 FEBRUARY 26, 2020 GRANTING REZONING APPLICATION OF ROUTE 109 REALTY GROUP, LLC. FOR THE PREMISES IDENTIFIED BY SCTM#: 0100- 209-02-002, 004, & 005 LOCATED ON THE S/S/O NYS ROUTE 109, 306’ E/O ARNOLD AVE., WEST BABYLON

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez WHEREAS, Route 109 Realty Group, LLC (the "Petitioner") has heretofore petitioned this Board for a change of zone of certain property which is located on the S/S/O NYS Route 109, 306’ E/O Arnold Ave., West Babylon, New York, SCTM No. 0100-209-02-002, 004, & 005, and further described on the annexed Schedule A, from A-Residence to MR-Multiple Residence; and WHEREAS, a public hearing was held on said petition on the 26th day of February, 2020; and WHEREAS, in accordance with Section 617.5(c)(9) State Environmental Quality Review (SEQR), this proposal involves the construction a 2-story, 4,495sf (footprint) building for eight (8) one-bedroom units and the Board has adopted a Negative Declaration and no further action is required pursuant to SEQR; and WHEREAS, this proposed change of zone conforms to the Town of Babylon Comprehensive Plan, NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon that the application of Route 109 Realty Group, LLC., for Job No. 19-31AE for a change of zone from A-Residence to MR-Multiple Residence for the premises described in the attached Schedule A, be and the same hereby is granted, and further that the Zone Map of the Town of Babylon be and the same hereby shall be amended to reflect the zone change subject to the following conditions: 1. Subject to final site plan approval from the Planning Board. 2. Subject to ZBA approval for any associated variances. 3. Subject to SCPC referral. 4. Subject to SCDHS approval. 5. Owner/applicant shall comply with the Town of Babylon Stormwater Code (Chapter 189). a. An Industrial Agreement must be signed. b. Stormwater application fee must be submitted. c. Contain all stormwater runoff on-site to Engineering requirements. 6. A rodent control plan will be implemented prior to construction in order to remove rodent populations from the site. Additionally, the adjacent landowners will be notified prior to the commencement of construction. 7. Fugitive dust generation shall be controlled by appropriate means such as watering. 8. Fire and smoke detection systems and carbon monoxide detectors should be installed in accordance with NFPA 72. 9. Address number, building number, or approved building identification to be placed in a position visible from the street. 10. As a minimum measure to reduce noise levels, applicant/owner to install sound insulation panels around all air-conditioning units, chillers, refrigeration units and sound insulation blankets around all air-handling units if required by the Town. 11. During construction, owner/applicant is responsible to sweep access streets and keep the roadways free of dirt and mud. 12. The location of new transformers and water service devices shall be approved by the Town of Babylon Planning Department prior to installation and shall not be located adjacent to any roadways. 13. Sewer district and water saving plumbing fixtures to be utilized. 14. All regulatory warning signs are to adhere to the Manual of Uniform Traffic Control Devises for Streets and Highways Specifications. All signs must also be fabricated using high-intensity retro reflective sheeting. 15. Owner to contribute to the fund for the installation and maintenance of emergency vehicle optical pre-emption equipment on traffic signals in the area. Estimated cost to be $1,000.00.

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16. Construction will be conducted between the hours of 7am and 8pm on weekdays and between the hours of 9am and 4pm on Saturdays. No exterior construction will be permitted on Sundays, only interior construction. Construction activities on site shall be in strict conformance with Chapter 156-9D of the Noise Code of the Town of Babylon. 17. Subject to the requirements of Highway, Engineering, and the Fire Marshall. 18. An automatic/manual fire detection/notification system shall be installed. 19. Audio/visual notifications for all alarms should be installed in all units. 20. SCTM #’s 0100-209-02-002, 0100-209-02-004, 0100-209-02-005, & 0100-209-02-021.001 shall be merged.

RESOLVED, that the aforementioned change of zone shall not be effective until there has been filed with the County Clerk of Suffolk County the following Covenants and Restrictions to run with the land, subject to the approval of the Town Attorney:

1. No exterior-mounted steel security gates or shutters permitted. Only interior-mounted mesh type security gates permitted. 2. All site lighting to be contained on site and must conform to dark-sky lighting regulations. 3. The owner/developer is responsible for maintaining all applicable site development improvements including, but not limited to, the following: fire and smoke detection system, automatic fire sprinkler system, building, drainage, curbs, sidewalks, fencing, asphalt, landscaping, etc. 4. Owner/applicant shall comply with all NYS regulations for handicapped accessibility including, but not limited to, handicapped ramps and handicapped parking spaces. 5. All noise generating equipment on-site including, but not limited to, heating ventilation and air conditioning (HVAC), chillers, refrigeration units, and compressors shall operate in conformance with Chapter 156 Town of Babylon Noise Code. In the event that any such equipment exceeds Chapter 156 standards immediate steps shall be taken to mitigate those noise levels. 6. All buildings, structures, signs, fences, and landscaping shall be maintained in accordance with all applicable codes and ordinances of the Town of Babylon, and violations thereof may be prosecuted and enforced in the same manner as provided therein. 7. No further development of the site without Planning Board approval. 8. All refuse shall be contained within the perimeter and height of the refuse enclosure as approved by the site plan. 9. Maintenance access shall be in accordance with Section 189-9 of the Code of the Town of Babylon. The Town of Babylon shall be provided with access to the stormwater infrastructure at reasonable times for periodic inspection by the Town of Babylon and its officers to ensure that the infrastructure is maintained in proper working condition to meet design standards and any other provisions established by Chapter 189. This agreement shall be binding on all subsequent landowners. 10. Maintenance after construction shall be in accordance Section 189-9 of the Code of the Town of Babylon. Stormwater management practices installed in accordance with Chapter 189 shall be operated and maintained to ensure that the goals of Chapter 189 are fully achieved. Proper operation and maintenance includes, at minimum, the following: a. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of Chapter 189. A written record of stormwater management system maintenance activities shall be established and maintained on site and be available for review by the Town of Babylon upon request. b. Written procedures for operation and maintenance and training new maintenance personnel shall be prepared and maintained on site and will be available for review by the Town of Babylon upon request. c. Discharges from SMPs shall not exceed design criteria or contribute to water quality standard violations in accordance with §189- 8B of the Code of the Town of Babylon. 11. Upon completion of construction, any stormwater control structures impacted during construction shall be cleaned by the owner or operator. Routine maintenance of stormwater infrastructure on the site will include the following: a. Monitoring of drainage inlets (catch basins) will be completed routinely, particularly after larger storm events and must be kept free from obstruction by leaves, trash, and other debris. b. Drainage grates must be kept free from obstruction by leaves, trash, and other debris. c. Drainage structures shall be inspected annually to determine if sediment removal is necessary to ensure that the drainage structures are properly functioning and that they permit adequate conveyance throughout the system. If applicable, the manufacturer’s specifications for maintenance procedures and frequency must be strictly followed. d. The drainage structures must be routinely monitored for the removal of surface sediment and trash. e. Street sweeping of the parking areas shall be conduct at least four times annually to remove sediment that may impact the drainage infrastructure and additionally, as necessary due to storm events. f. The grounds and parking area shall be inspected for litter monthly and any litter shall be removed as necessary. 12. The entire building is to have a fully automatic fire sprinkler system installed pursuant to NFPA 13 and Section 213-235 of the Town Zoning Code and as required by the Fire Marshal. 13. The Town of Babylon is not responsible for any damage to the curbs or light poles on site in connection with solid waste pick up. 14. All units to have central air conditioning or through the wall air-conditioning units, no window units to be permitted. 15. The use of inorganic fertilizers, pesticides, and herbicides shall be minimized as standard operating procedure for the landscape maintenance of the site. 16. Twenty percent of units (6) of overall development, shall be designated as workforce/affordable housing. Units to be scattered equally throughout the site. Affordable/workforce units shall be targeted to qualified households making 80% or less than the Suffolk County HUD income limits, which are updated annually. A recognized affordable housing provider shall be engaged by the owner/applicant to oversee the affordable component. Proof of such engagement shall be provided to the Planning Department. 17. The attic and basement are not for habitable space and are for storage and utilities only. 18. By virtue of this site plan approval, SCTM #’s 0100-209-02-002, 0100-209-02-004, 0100-209-02-005, & 0100-209-02-021.001 are effectively merged. No parcel shall operate independent of the other parcel(s), since they only function conjointly as one contiguous site.

BE IT FURTHER RESOLVED, that in case of any violation or attempted violation of any of the covenants by the owners or their lessees and failure of the owners to remedy any such violation within thirty (30) days after written notice by the Town, the Town shall have the right, on its own motion and after notice, to rescind said change of zone and the subject premises shall revert from MR-Multiple Residence to A-Residence District, and be it further RESOLVED, that if the owners hereto, or any of them, their lessees, their heirs, successors, or assignees shall violate or attempt to violate any of the covenants or conditions required by the granting of this permit, it shall be lawful for the Town of Babylon to prosecute any proceedings at law or in equity, including but not limited to enforcement by way of injunctive relief; any remedies chosen by the Town Board to enforce any covenant, restriction or condition herein shall be cumulative and at the discretion of the Town Board as to how best to enforce such covenant, restriction or condition; the election of one method of enforcement shall not constitute a bar to electing any other method of enforcement permitted by law; and be it further, RESOLVED, that the Town Clerk of the Town of Babylon be and hereby is authorized to publish a notice of said change of zone in one of the official newspapers of the Town of Babylon. 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 Yea Councilman McSweeney Voting Yea Councilman Gregory Voting Yea Supervisor Schaffer Voting Yea The resolution was thereupon declared duly adopted. SCHEDULE A SURVEYOR’S DESCRIPTION OF SCTM 0100-209-02-2, 4 & 5 ALL that a certain plot or parcel of land, situate, lying and being at West Babylon, Town of Babylon, County of Suffolk and State of New York, bounded and describe as follows: BEGINNING at a point on the southerly side of New York State Route 109 (Babylon-Farmingdale Road) distant 295.00 feet easterly from the corner formed by the southerly side of New York State Route 109 (Babylon-Farmingdale Road) and the northeasterly side of Arnold Avenue; RUNNNG THENCE easterly, along the arc of a curve bearing to the Right, having a radius of 2,804.79 feet, a length of 76.95 feet; THENCE south 08 degrees 07 minutes 30 seconds west, 157.30 feet; THENCE south 79 degrees 12 minutes 20 seconds west, 140.00 feet to the northeasterly side of Arnold Avenue; THENCE north 43 degrees 29 minutes 40 seconds west, 84.37 feet along the northeasterly side of Arnold Avenue; THENCE north 25 degrees 13 minutes 20 seconds east, 59.96 feet; THENCE south 81 degrees 45 minutes 29 seconds east, 75.00 feet; THENCE north 25 degrees 13 minutes 20 seconds east, 98.66 feet to the southerly side of New York State Route 109 (Babylon-Farmingdale Road), at the point or place of BEGINNING. Containing 25,110 Square Feet, more or less. 2/26/2020 Minutes

RESOLUTION NO. 215 FEBRUARY 26, 2020 AUTHORIZING THE EXECUTION OF COVENANTS AND RESTRICTIONS IN CONNECTION WITH THE APPLICATION OF A SCDHS PERMIT The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta 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 a septic system located at 41 Ocean Walk, West Gilgo Beach, NY 11702 bearing SCTM #0100-240.00-01.00-136.000, SCDHS Application #R01-19-0046. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 216 FEBRUARY 26, 2020 AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR LORRAINE FRANCO OUTER BEACH APPLICATION NO. 133730 SCTM #0100-240-1-85 The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, the Building Division of the Department of Planning and Development of the Town of Babylon has reviewed Outer Beach Application No. 133730 of Lorraine Franco, for the premises located at SCTM #0100-240-1-85 (20 Cottage Walk, Gilgo Beach), to legalize a side addition for bedroom; 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. 133730 of Lorraine Franco, for the premises located at SCTM #0100-240-1-85 (20 Cottage Walk, Gilgo Beach), to legalize a side addition for bedroom; 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. SCHEDULE A SURVEYOR’S DESCRIPTION OF SCTM 0100-209-02-2, 4 & 5 ALL that a certain plot or parcel of land, situate, lying and being at West Babylon, Town of Babylon, County of Suffolk and State of New York, bounded and describe as follows: BEGINNING at a point on the southerly side of New York State Route 109 (Babylon-Farmingdale Road) distant 295.00 feet easterly from the corner formed by the southerly side of New York State Route 109 (Babylon-Farmingdale Road) and the northeasterly side of Arnold Avenue; RUNNNG THENCE easterly, along the arc of a curve bearing to the Right, having a radius of 2,804.79 feet, a length of 76.95 feet; THENCE south 08 degrees 07 minutes 30 seconds west, 157.30 feet; THENCE south 79 degrees 12 minutes 20 seconds west, 140.00 feet to the northeasterly side of Arnold Avenue; THENCE north 43 degrees 29 minutes 40 seconds west, 84.37 feet along the northeasterly side of Arnold Avenue; THENCE north 25 degrees 13 minutes 20 seconds east, 59.96 feet; THENCE south 81 degrees 45 minutes 29 seconds east, 75.00 feet; THENCE north 25 degrees 13 minutes 20 seconds east, 98.66 feet to the southerly side of New York State Route 109 (Babylon-Farmingdale Road), at the point or place of BEGINNING. Containing 25,110 Square Feet, more or less. RESOLUTION NO. 217 FEBRUARY 26, 2020 AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR ANNE HARDING OUTER BEACH APPLICATION NO. 133619 SCTM #0100-243-1-201 The following resolution was offered by Councilman Gregory and seconded by Councilman McSweeney WHEREAS, the Building Division of the Department of Planning and Development of the Town of Babylon has reviewed Outer Beach Application No. 133619 of Anne Harding, for the premises located at SCTM #0100-243-1-201 (63 Hawser Drive, Oak Beach, NY), to replace 102’ of bulkhead, 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. 133619 of Anne Harding, for the premises located at SCTM #0100-243-1-201 (63 Hawser Drive, Oak Beach, NY), to replace 102’ of bulkhead; 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: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 218 FEBRUARY 26, 2020 AUTHORIZING EXECUTION OF A RENTAL AGREEMENT BETWEEN JULIE AND ARTHUR SPORNY AND THE TOWN OF BABYLON FOR A BOAT SLIP ON NEGUNTATOGUE CREEK

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez RESOLVED, by the Town of Babylon that the Supervisor be and he hereby is authorized, but not mandated, to execute a rental agreement with Julie and Arthur Sporny, the Landlord, for a boat slip on Neguntatogue Creek behind 752 Shore Walk, Lindenhurst, with water and electric available as needed and included in rental fee, for use by the Department of Environmental Control for one (1) boat twenty (20) feet long and eighty-five (85) inches wide, for the period of April 1, 2020 to November 30, 2020, at a rental fee of eight hundred and fifty dollars ($850.00), payable in one installment upon processing of lease agreement, and such other terms and conditions as shall be approved by the Town Attorney. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 219 FEBRUARY 26, 2020 AWARDING BID NO. 20G18 PROFESSIONAL SERVICES FOR THE ADMINISTRATION AND IMPLEMENTATION OF AN EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM The following resolution was offered by Councilman Martinez and seconded by Councilman Manetta WHEREAS, the following bids for Bid No. 20G18 Professional Services for the Administration and Implementation of an Employee Drug & Alcohol Testing Program were received, opened and publicly read: SPREADSHEET ON FILE IN DEPT. OF GENERAL SERVICES NOW, THEREFORE, be it RESOLVED, that based upon the recommendation of the Commissioner of General Services and the Director of Drug & Alcohol and upon their finding the aforementioned bids to be fair and reasonable, Bid No. 20G18 be and is hereby awarded to the overall low bidder, Datco Services Corporation; and be it further RESOLVED, that the Supervisor be and he is hereby authorized to execute a one (1) year contract with Datco Services Corporation 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 contracts may be extended for two (2) additional one (1) year periods at the discretion of the Commissioner of General Services.

VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. 2/26/2020 Minutes

RESOLUTION NO. 220 FEBRUARY 26, 2020 AUTHORIZING THE SUPERVISOR TO EXECUTE A HOME INVESTMENT PARTNERSHIP AGREEMENT WITH LONG ISLAND HOUSING PARTNERSHIP, INC. FOR THE ADMINISTRATION OF THE SANDY DOWN PAYMENT ASSISTANCE REBUILD LI PROGRAM

The following resolution was offered by Councilman Manetta and seconded by Councilman Gregory WHEREAS, the Town has applied for and received HOME Investment Partnership Program (herein after referred to as “HOME”) funds from the United States Department of Housing and Urban Development; and WHEREAS, the Town wishes to engage in the expansion of affordable housing opportunities by providing down payment assistance to qualifying first time homebuyers in the purchase of newly constructed, elevated homes that will meet FEMA Flood Zone requirements under the Sandy Down Payment Assistance Rebuild LI Program (the “Program”); and WHEREAS, Long Island Housing Partnership, Inc. is desirous of administering the Program and no cost to the Town of Babylon; and 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 between the Town of Babylon and Long Island Housing Partnership, Inc. for the administration of the Sandy Down Payment Assistance Rebuild LI Program funded through the US Department of Housing and Urban Development, under the HOME Investment Partnerships Program, and be it further RESOLVED, that said agreement shall be subject to the approval of the Town Attorney as to form and content. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. RESOLUTION NO. 221 FEBRUARY 26, 2020 ADOPTING THE TOWN OF BABYLON VOLUNTEER FIREFIGHTERS POLICIES AND PROCEDURES 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, upon the recommendation of the Commissioner of Department of Public Works, that the Town of Babylon Volunteer Firefighters Policies and Procedures, available for review at the Office of the Town Clerk as Schedule “A”, is hereby adopted: VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted. Town of Babylon Volunteer Firefighters Policies and Procedures Intro: This is a policy that will allow time away from work for employees who are volunteer firefighters under the following conditions: Fire Departments: The employee must be an active volunteer fireman at a fire department located within the Town of Babylon. Registration: An employee who wishes to claim the status of a volunteer fireman must register with both the department and the Office of Personnel and show proof of current membership in a fire company. Release from work: Only if a State of Emergency is declared will a volunteer fireman be released from duty during standard working hours without the loss of pay. The employee must get the approval of their supervisor prior to leaving work. Depending on the type of Emergency, the employee may be required to work their job at the Town of Babylon, thus superseding any responsibilities to the fire department. Again, the employee must gain the approval of their supervisor prior to leaving work Emergency Response Calls: If an employee reports to a working fire or emergency situation prior to their standard shift, they must report to work at their normal start time if the emergency has been declared finished two (2) or more hours before the start of their shift. If the end of the emergency is less than two (2) hours before the start of the employee’s shift, the employee will receive excused time not to exceed two hours from the end of the emergency to report to work. The employee will be paid during that two-hour grace period that overlaps their scheduled work shift. Overtime is NOT included in this grace period. Any contractual overtime should be made up at a later time. The two-hour grace period is based on the back in service time that is logged by Babylon Central. Town equipment: The use of Town vehicles and equipment is strictly prohibited while the volunteer fireman responds to the emergency. Authorization for Excused Time: Any employee requesting excused time for firefighting activities must provide documentation from their appropriate fire department. A letter, on official Fire Department letterhead, signed by the Commanding Officer and/or Chief must be submitted to the Department head within three business days. The letter must state the employee’s name, date of the emergency, location, start time and end time for the employee. The information in the letter will be confirmed with Babylon Central for accuracy.

RESOLUTION NO. 222 FEBRUARY 26, 2020 AUTHORIZING THE SUPERVISOR TO EXECUTE A “RESIDENTIAL INNOVATIVE AND ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEM GRANT” AND RELATED DOCUMENTS (MICHAEL & KAREN GLICKMAN)

The following resolution was offered by Councilman McSweeney and seconded by Councilman Martinez WHEREAS, the Town of Babylon is the owner of the parcel identified by SCTM No: 0100-243.00-01.00-227.000, 82 Hawser Drive, Oak Beach NY 11702 (the “Premises”), currently leased to Michael & Karen Glickman (collectively referred to as the “Tenant” or “Applicant”); and WHEREAS, the Tenant has applied and been approved to receive a Septic Improvement Program Grant from the County of Suffolk (the “Grant”); and WHEREAS, pursuant to the terms of the lease agreement between the Town and Tenant as the Applicant is solely responsible for the provision, cost, and maintenance of on-site wastewater disposal for the Premises; and WHEREAS, the Tenant has asked the Town to sign the Grant agreement and any other related documents to effectuate the receipt of the Grant as the property owner. NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Babylon, that the Supervisor be and he hereby is authorized to execute the “Residential Innovative And Alternative Onsite Wastewater Treatment System Grant” and related documents on behalf of the Town of Babylon as the owner of the Premises identified by SCTM No. 0100-243.00-01.00-227.000 currently leased to Michael & Karen Glickman; and be it further RESOLVED, that the agreement is subject to the approval of the Town Attorney as to form and content. VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

RESOLUTION NO. 223 FEBRUARY 26, 2020 AUTHORIZATION FOR THE TOWN BOARD TO OPPOSE PART BB OF THE FY 2021 NEW YORK STATE EXECUTIVE BUDGET ENTITLED “ARTICLE 13-E, SMALL WIRELESS FACILITIES DEPLOYMENT”

The following resolution was offered by Councilman Martinez seconded by Councilman Manetta WHEREAS, local governments are in the best position to protect the public and public rights-of-way; and WHEREAS, the Town Board finds that small cell pre-emption prevents localities from ensuring that 5G rollout is done in a way that safeguards the public, protects public assets, improves digital equity, and promotes good jobs in the industry; and WHEREAS, Part BB of the FY 2021 New York State Executive Budget entitled “Article 13-E, Small Wireless Facilities Deployment” prevents localities from requiring zoning review and standard siting processes; and WHEREAS, the Town Board finds that Part BB of the FY 2021 New York State Executive Budget entitled “Article 13-E, Small Wireless Facilities Deployment” would put the public’s health, safety and welfare at risk by removing the Town of Babylon’s ability to safely and responsibility regulate deployment of small cell infrastructure; and WHEREAS, the Town Board finds that the above legislation would allow wireless providers virtually unfettered access to municipal rights- of-way and exempt these companies from local oversight and control of wireless facility installation; and WHEREAS, the Town of Board desires to continue to perform zoning review and standard siting processes prior to the installation of wireless facilities and maintain control over its rights-of-way. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Babylon hereby strongly opposes FY 2021 New York State Executive Budget entitled “Article 13-E, Small Wireless Facilities Deployment”; 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 opposition of FY 2021 New York State Executive Budget entitled “Article 13-E, Small Wireless Facilities Deployment.” VOTES: 5 YEAS: 5 NAYS: 0 The resolution was thereupon declared duly adopted.

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Open portion:

Hillary Tory 530 Lombard Street North Babylon, NY 11703 631-667-1565

Inquiring about an update on 88 Carll’s Path. She was told the property in going to be demoed and it is on bid for that demolition to take place.

Being no further business before the Board, the meeting adjourned at 3:35 pm on the motion of Councilman McSweeney, seconded by Councilman Gregory.

______Geraldine Compitello, Town Clerk

/jt

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