Better Babylon Party

June 24, 2014

A work session was held by the Board of Trustees of the Village of Babylon on Tuesday, June 24, 2014.  On the motion of Trustee Muldowney, seconded by Trustee Davida and unanimously carried, the meeting opened at 7:16 p.m. On the motion of Trustee Muldowney, seconded by Trustee Amelia and unanimously carried, the meeting adjourned at 7:53 p.m.

REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BABYLON WAS HELD IN THE BOARDROOM, 153 WEST MAIN STREET BABYLON, NEW YORK, ON TUESDAY,

JUNE 24, 2014

PRESENT:

Mayor Ralph Scordino

Trustee Muldowney

Trustee Debbie Basile

Trustee Tony Davida

Trustee Carol Amelia

ABSENT:

Attorney Joel Sikowitz

Regular meeting of the Board of Trustees opened at 8:02 p.m.

The Pledge of Allegiance was lead by Trustee Davida.

On the motion of Mayor Scordino, seconded by Trustee Muldowney and unanimously carried, it was

RESOLVED to approve the minutes of the June 10, 2014 regular meeting of the Board of Trustees and dispense with the reading of the same.

Niall Crowe of Lilly Flannagan’s Pub presented a $500 check to the Babylon Village Fire Department and expressed his gratitude for all their help with the St. Baldrick’s fundraiser. The annual event, held the Sunday after St. Patrick’s Day, raised $64,000 for children with cancer.

The Village Clerk read the letter from the Fire Department dated June 23, 2014:

At the regular monthly meeting of the Fire Council held June 17, 2014, the Fire Council took the following actions and we await your approval:

Placed on Sick Leave:                                                             As of:

Andrew Von Deesten             Hook & Ladder          June 3, 2014

Elizabeth Santos                     Phoenix Hose              May 27, 2014

Accepted as a Probationary Member:

Daniel Malley                          Argyle Hose

Changed Status to Senior Inactive:   

Michael Fredericks

On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to accept the Fire Department actions as read.

On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to issue a refund in the amount of $220.00 to Garry Giannandrea, as he moved from a 14’ slip at Main Dock (#22) to a 12’ slip at Southeast Lewis Pond (#15).

On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to grant permission to Billy Hofacker of Total Body Boot Camp & Performance Center to maintain a temporary sign on the fence located at 21 South Carll Avenue for two weeks, beginning June 24, 2014, to advertise the Grand Opening Special, “30 Days of Personal Training - Only $99”

On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED in accordance with the Records Retention and Disposition Schedule MU-1, the following items are to be disposed of:

Tax & Daily Receipts:          6/1/2007 – 5/31/2008              (Box #’s 880, 882, 942, 955)

Tax Service Reports:               2005 – 2007                            (Box #’s 948 & 950)

On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to accept the resignation of Edward McCarthy as a member of the Planning Board effective June 24, 2014.

Trustee Muldowney and Mayor Scordino commended Ed McCarthy for the terrific job he has always done at the Golf Course, with the Planning Board, and with the Babylon Beautification Society, and wished him well in his retirement.

On the motion of Trustee Davida, seconded by Trustee Amelia and unanimously carried, it was

RESOLVED to terminate the employment of Cory Green as a sanitation laborer effective June 17, 2014.

On the motion of Trustee Davida, seconded by Trustee Amelia and unanimously carried, it was

RESOLVED to issue refunds in the amount of $25.00 to each of the applicants listed below for the return of one (1) ZBA sign for partial refund:

Applicant                                            Property located at:

Elizabeth Vanzetta                            97 Bayview Avenue

Eileen Jacinth                                     260-262 Deer Park Avenue

Harold Baldauf                                   50 Thompson Avenue

On the motion of Trustee Davida, seconded by Trustee Amelia and unanimously carried, it was

RESOLVED to grant permission to the residents of Nehring Avenue to hold a Block Party on Saturday, August 2nd, 2014, from 12:00 Noon to 11:00 p.m.  The street will be blocked between Johnson Court and Westgate, subject to parking restrictions for emergency purposes.

On the motion of Trustee Davida, seconded by Trustee Amelia and unanimously carried, it was

RESOLVED to approve the following warrant for June 24, 2014:

General Account:

$ 551,993.38  

Total General Fund:   

$ 551,993.38

Trust Fund:

$     5,037.06

Total:                         

$ 557,030.44

Trustee Davida announced that the Pool will be opening this Friday, June 27th, at 11:00 a.m.  He is looking forward to another good season at the pool.

On the motion of Trustee Basile, seconded by Trustee Muldowney and unanimously carried, it was

RESOLVED to grant permission to the Babylon Village Arts Council to use the Conklin House Porch for a free outdoor summer concert from 6:30 p.m. to 9:30 pm. on Saturday, July 12, 2014.  This permission is contingent upon timely receipt of required Certificates of Insurance.

On the motion of Trustee Basile, seconded by Trustee Muldowney and unanimously carried, it was

RESOLVED to issue a refund in the amount of $50.00 to the applicant listed below for the return of two (2) ZBA signs for partial refund:

Applicant:                                           Property located at:

Michael Drennen                                 503 Gwynn Street

On the motion of Trustee Basile, seconded by Trustee Muldowney and unanimously carried, it was

RESOLVED to terminate the employment of Luis Medrano as a sanitation laborer effective June 6, 2014.

On the motion of Trustee Amelia, seconded by Trustee Davida and unanimously carried, it was

RESOLVED to change the status of Robert Waters from an alternate to a full member of the Planning Board with his term of appointment remaining through September of 2017, effective June 24, 2014.

On the motion of Trustee Amelia, seconded by Trustee Davida and unanimously carried, it was

RESOLVED to grant permission to Patient AirLift Services to conduct the PALS Urban Race in the Village of Babylon on July 19, 2014, starting at 11:30 a.m.

ALSO BE IT RESOLVED to grant permission to Patient AirLift Services to maintain temporary signs at various merchants in the Village from June 25 to July 20th, 2014, to advertise this event.

On the motion of Trustee Amelia, seconded by Trustee Davida and unanimously carried, it was

RESOLVED to grant permission to the residents of Bacon Lane to hold a Block Party on Saturday, August 9th, 2014, from 12:00 Noon to 11:00 p.m., with a rain date of Sunday, August 10th. The street will be blocked between East Gate and Nehring, subject to parking restrictions for emergency purposes.

Trustee Amelia announced that the re-bid for the Tennis Court Resurfacing is scheduled for Thursday, July 3rd at 9:30 a.m. and that specs are available in the Village Clerk’s Office.

On the motion of Mayor Scordino, seconded by Trustee Muldowney and unanimously carried,

WHEREAS A PUBLIC HEARING WAS HELD on Tuesday, May 27, 2014,

BE IT HEREBY RESOLVED to approve the application of Tania Thompson Rapley of FATS, LLC, to open FATS Philly Cheese Steaks at 16 Railroad Avenue, subject to the attached Covenants and Restrictions.

ALSO BE IT HEREBY RESOLVED to approve and adopt the attached Covenants and Restrictions for FATS Philly Cheese Steaks as of June, 2014.

On the motion of Mayor Scordino, seconded by Trustee Muldowney and unanimously carried,

BE IT RESOLVED, that the calendars for the appointed officials listed on the attached chart, (if required) are hereby accepted as an accurate accounting of the average number of days worked per month per year.

And therefore

BE IT RESOLVED, that the Village Board of the Village of Babylon, hereby establish  standard workdays for the purpose of determining days worked reportable to the New York State and Local Employees’ Retirement system:

All Elected and appointed Officials:  5 day work week, six hour day

Mayor’s secretary, Treasurer, Village Clerk, Village Justice Court, all clerical staff:

5 day work week, seven hour day

Superintendent of Public Works and laborer staff: 5 day work week, eight hour day

On the motion of Mayor Scordino, seconded by Trustee Muldowney and unanimously carried, it was

RESOLVED to reduce the assessment on the 2014/15 Tax Roll as per the attached Assessor’s Petition for:      

              7 Green Avenue          (Section 18, Block 2, Lot 4)

Mayor Scordino read the following Resolution:

WHEREAS, the Mayor has received numerous complaints from residents concerning violations of Village Code in particular that assorted items of personal property are being stored on the grounds and in the yard for purposes of display and sale, (hereinafter “Violations”) at the premises situated at 619 Deer Park Avenue, Village of Babylon (hereinafter the “Premises”), and

WHEREAS, the Mayor and Code Enforcement Officer met with the owner of the Premises in regard to conditions on the Premises for purposes of securing code compliance, and

WHEREAS, despite giving the Mayor and Code Enforcement Officer assurances that violations would be cured and that the Premises would be in compliance with the Code, the Owner did not cure the violations in accordance with the assurances, and

WHEREAS, the Building Inspector inspected the Premises and issued appearance tickets charging the Owner of the Premises with offenses under the Village Code pertaining to the Violations, and

WHEREAS, the Owner of the Premises assured the Building Inspector that the Owner would take steps to remediate the conditions at the Premises, in particular, the Owner assured the Building Inspector that a solid fence would be installed to enclose the rear yard of the Premises and items of personal property stored and placed on the grounds of the Premises would be moved behind the fence, and

WHEREAS, the Owner has failed to install the fence in accordance with the assurances given to the Building Inspector, and

WHEREAS, the Building Inspector re-inspected the Premises on June 24, 2014, and has informed the Mayor and the Trustees that the conditions on the Premises are even more egregious now than when the Owner gave prior assurances to the Mayor and to the Building Inspector,

NOW, THEREFORE, on Motion by Mayor Scordino, Seconded by Trustee Muldowney, it is hereby

RESOLVED that pursuant to Village Code § 237-1 the Board of Trustees hereby designates that the conditions on the grounds and in the yards at the residence situated at 619 Deer Park Avenue, Village of Babylon, constitute a public nuisance, and it is further

RESOLVED that the Owner be and is hereby ordered to abate the nuisance forthwith, and it is further

RESOLVED that the Village Clerk shall give notice to the Owner by certified mail, pursuant to Village Code § 237-2 of this Order by letter to the Owner enclosing a copy of this Resolution (hereinafter “Notice”) and, it is further

RESOLVED that unless the nuisance is abated as hereafter directed within seven (7) days from the date of the Notice, then said nuisance may be abated by the Board of Trustees, and the costs of abatement as may be incurred by the Village may be assessed upon the land and premises affected thereby and collected as similar taxes are collected pursuant to law, and it is further

RESOLVED that to abate the nuisance the Owner must remove from the yards and grounds of the Premises the various items of personal property now situated thereon and/or install a solid fence enclosing an area of the rear yard and confine the outdoor storage of all such items of personal property to an area wholly behind such fence, and it is further

RESOLVED that the Owner must refrain from conducting any sale in violation of Village Code §187 and that the Building Inspector placard the Premises as authorized by Village Code §187-9 to prohibit entry thereon by persons for purposes of trade

IN FAVOR:   Trustee Basile:             Yes

 Trustee Muldowney:   Yes

 Trustee Davida:           Yes

 Trustee Amelia:           Yes

 Mayor Scordino:          Yes

Mayor Scordino made the following announcement:

Village of Babylon Offices will be closed and there will be no rubbish or garbage pick-up on Friday, July 4, 2014 in observance of the Independence Day Holiday.

Residents should not put rubbish or recycling out to the curb on holidays.  These items should be put out the following week on your regular scheduled rubbish/recycling day.

Mayor Scordino also wished to publicly thank the members of the Board of Trustees for making his job easier by being so dedicated and for putting so much time and effort into:

Golf Course and Boat Slips – Trustee Muldowney

Pool – Trustee Davida

Conklin House – Trustee Basile

Recreation Program, Tennis Courts – Trustee Amelia

The meeting was opened to the Public:

Debra Ascher, 44-46 Yacht Club Road

Mary Ellen Schlee, 36 Yacht Club Road

Barbara Nixon, 57 Yacht Club Road

John Reinert, 67 Yacht Club Road

Meeting adjourned 8:52 p.m.

___________________

Village Clerk

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