Better Babylon Party

August 11, 2020

A work session was held by the Board of Trustees of the Village of Babylon on TUESDAY, AUGUST 11, 2020, via Zoom and available to be viewed through the YouTube link:

https://www.youtube.com/channel/UCnyFstcqshRUfoPSgKucQuA?view_as=subscriber

on the Village website:  www.villageofbabylonny.gov

On the motion of Trustee Muldowney, seconded by Trustee Davida and unanimously carried, the meeting opened at 7:25 p.m.  On the motion of Trustee Silvestri, seconded by Trustee Davida and unanimously carried, the Board entered into executive session at 7:34 p.m. to discuss current litigation and adjourned the work session.  On the motion of Trustee Adams, seconded by Trustee Silvestri and unanimously carried, the executive session ended at 8:15 p.m.

REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BABYLON WAS HELD VIA ZOOM

AVAILABLE TO BE VIEWED THROUGH THE YOUTUBE LINK:

https://www.youtube.com/channel/UCnyFstcqshRUfoPSgKucQuA?view_as=subscriber

ON THE VILLAGE OF BABYLON WEBSITE:

www.villageofbabylonny.gov

ON TUESDAY,

AUGUST 11, 2020

PRESENT:

Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Tony Davida

Trustee Mary Adams

Trustee Robyn Silvestri

Attorney Gerard Glass

Regular meeting of the Board of Trustees opened at 8:17 p.m.

The Pledge of Allegiance was led by Trustee Muldowney.

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

RESOLVED to approve the minutes of the July 28, 2020 regular meeting of the Board of Trustees and dispense with the reading of the same.

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

RESOLVED to grant permission to the Babylon Village Arts Council to host an ‘Art Walks’ event in the Business District on Saturday, September 19th, 2020 from 11:00 a.m. to 3:00 p.m., with a rain date of September 26, 2020.  This permission is granted contingent upon timely receipt of the required certificate of insurance with the Village of Babylon listed as an additional insured, as well as a signed & notarized hold harmless agreement.

ALSO RESOLVED to grant permission to the Babylon Village Arts Council to maintain temporary signs from September 4th to September 19th, 2020 at the entrances to the Village to promote the ‘Art Walks’ event.

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

RESOLVED to grant permission to the Babylon Citizens Council on the Arts (BACCA) to hold outdoor painting classes as part of their “Babylon Together” Community Arts Projects at the Gazebo on the following dates:

Date:                                                   Time:                                       Rain date:

Friday, August 28th, 2020       10:00 AM – 12:30 PM            Saturday, August 29th

Friday, October 23rd, 2020      10:00 AM – 12:30 PM            Saturday, October 24th

This permission is granted contingent upon timely receipt of the required certificate of insurance with the Village of Babylon listed as an additional insured, as well as a signed & notarized hold harmless agreement.

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

RESOLVED to approve the attached Budget Transfers for the 2019/20 Fiscal Year.

The following resolution was passed pertaining to modifications to existing Conditions of Approval in connection with the premises at 16 East Court, Babylon, NY, to operate a family restaurant:

On the motion of Trustee Adams, seconded by Trustee Davida and unanimously carried,

            On July 14, 2020, the Village Board resolved to invoke its continuing jurisdiction over the conditions to the approval previously granted to maintain the restaurant use and scheduled a public hearing to be held on July 28, 2020, for the purposes of reviewing such conditions, and thereafter resolved to postpone the public hearing scheduled for July 28, 2020 to September 8, 2020.

            The Applicant and Owner have since duly executed an Amended and Restated Declaration of Covenants and Restrictions by which the conditions to approval would be modified.

            Having duly considered the records and the transcripts of testimony from the public hearings held April 10, 2012 and May 14, 2013, respectively, and the Amended and Restated Declaration of Covenants and Restrictions, it is hereby;

RESOLVED, that pursuant to the Village Board’s continuing jurisdiction over the conditions to approval to operate a family restaurant at the Premises in accordance with the letter of approval dated May 17, 2012, and the Declaration of Covenants and Restrictions accepted October 27, 2015, in accordance with the Findings attached, the conditions to such approval shall be further modified, and it is further;

RESOLVED, that the Amended and Restated Declaration of Covenants and Restrictions executed by the Applicant and Owner on the 11th day of August, 2020, copy annexed hereto, be accepted, and it is further

RESOLVED, that the public hearing scheduled for September 8, 2020 be and is hereby cancelled, and it is further

RESOLVED, that the Board of Trustees shall retain jurisdiction over the matter to consider such further and additional modifications of conditions to the approval, as may be appropriate.

                                                                        AYE                NAY

Mayor Ralph Scordino                                 X                           

Deputy Mayor Kevin Muldowney              X                           

Trustee Tony Davida                                    X                            

Trustee Mary Adams                                    X                            

Trustee Robyn Silvestri                               X                            

Trustee Adams commented that most of the summer programs have ended. The Art and Science programs will be finishing up this week.  Trustee Adams thanked the Mayor and the Board for allowing these programs to be held.

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

RESOLVED to issue a refund in the amount of $868.11 to Wells Fargo for overpayment of 2020 Taxes on the property located at 15 Edward Avenue due to the assessment correction dated July 28, 2020.

 

S/B/L

Address

Owner

2020 Roll

Corrected

Refund

016–03–078

15 Edward Ave.

Nelissen, A.

Txs Pd:   $2,314.96

(A/V:  15,200)

Txs:  $1,446.85

(A/V:  9,500)

$868.11

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

RESOLVED to issue a refund in the amount of $50.00 to Donald J. Middleton, Jr. for the return of one Board of Trustees Public Hearing sign for partial refund.

Amount           Applicant                                Property                      Hearing Date

$ 50.00            BOMTICC, LLC                    75 Fire Island Ave.     03/24/2020

                           Donald J. Middleton Jr

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

RESOLVED to accept the documentation regarding LOSAP Service Credit, awarding additional points to active Volunteer Fire Fighters during a State Disaster Emergency as follows:

WHEREAS, the Village of Babylon is a political subdivision of the state of New York pursuant to Town Law section 175 (7) and is the sponsor of a length of service award program (“LOSAP”) pursuant to Article 11-A of the General Municipal Law; and

WHEREAS, a state disaster emergency as defined in Executive Law section 20 was declared by the Governor of the State of New York on March 7, 2020; and

WHEREAS, pursuant to General Municipal Law section 217(p) established by Chapter 113 of the Laws of 2020 and effective June 17, 2020 whereby an active volunteer firefighter service award program may provide for the crediting of up to five additional points per month, prorated for periods of less than one month, to each active volunteer firefighter for each month that special emergency response rules were in place restricting firefighter responses to emergency responses and/or restricting the holding of activities for which points could be earned due to guidelines related to the state disaster emergency; 

NOW, THEREFORE IT IS

RESOLVED, that the Village of Babylon does hereby elect to provide an additional five (5) points credited per month for every active volunteer firefighter under the jurisdiction of the Fire District pursuant to this Resolution and the provisions of GML 217 (p) and as otherwise provided by law; and it is further

RESOLVED, that such additional points shall be credited beginning March 7, 2020 and prorated for the month of March in the amount of four (4) points, that being 77% of March 2020 remaining from March 7 through March 31, 2020; and it is further

RESOLVED, that such additional points shall be credited in the full amount of five (5) points for the months of April, May and June 2020, thereafter the state disaster emergency special emergency response rules in place restricting firefighter responses to emergency responses and/or restricting the holding of activities for which points could be earned due to guidelines related to the state disaster emergency had ended; and it is further

RESOLVED, that any additional points credited pursuant to GML 217(p) and this Resolution shall be in addition to any other points earned pursuant to GML 217 during the state disaster emergency commencing on March 7, 2020; and it is further

RESOLVED, that the Secretary is directed to provide a copy of this Resolution to the Plan Administrator for filing with the Plan, post the same in the Babylon Fire Department and make copies available to all active volunteer members.

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

RESOLVED that the Village of Babylon will hold the annual S.T.O.P. (Stop Throwing Out Pollutants) and Shred Day on Saturday, September 19, 2020, from 9:00 AM to Noon, with a paper shredding truck available to Village residents from 1:00 to 5:00 PM.

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

RESOLVED to issue a refund in the amount of $1,157.48 to Jeffry & Valerie Schultheis for overpayment of 2020 Taxes on the property located at 96 Lighthouse Road, due to the assessment correction dated July 28, 2020.

S/B/L

Address

Owner

2020 Roll

Corrected

Refund

021–02–047

96 Lighthouse Rd.

Schultheis, J.&V.

Txs Pd: $3,046.00

(A/V:  20,000)

Txs: $1,888.52

(A/V:  12,400)

$1,157.48

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

RESOLVED to issue refunds in the amounts indicated to the applicants listed on the attached chart for the return of ZBA sign(s) for partial refund.

Refund:

Applicant

For Property located at:

$ 100.00

400 West Main Street LLC

400 West Main Street

$ 100.00

Bekelis Real Estate Holdings, LLC

60 George Street

$ 100.00

Costantino & Costantino, LLP

350 West Main Street

$   50.00

Marie & Seymour Gallay

436 Deer Park Avenue

$   50.00

Matthew & Janine Heenan

18 Harrison Avenue East

$ 100.00

Dr. Paul Hubert

155 Fire Island Avenue

$   50.00

David & Rosemary Koehler

75 South Carll Avenue

$   50.00

MEI Realty, LLC

54 George Street

$   50.00

Middleton Environmental Inc.

75 Fire Island Avenue

$   50.00

Matt & Kristen Morse

98 Frederick Avenue

$   50.00

Roseann Norman

173 Fire Island Avenue

$ 100.00

Kathlyn Palopoli

26 Wilson Drive

$ 100.00

Patrick V. Regan

463 Deer Park Avenue

$ 100.00

Robert Ruggieri

103 Cooper Street

$ 100.00

Sahn Ward Coschignano, PLLC

8 Little East Neck Road

$ 100.00

John & Loretta Sullivan

33 Waterman Street

$   50.00

Philip Terribile

141 John Street

$   50.00

Elizabeth Vanzetta

97 Bayview Avenue

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

RESOLVED to grant a license to the following applicant(s) to drive a taxi cab for Lindy’s Taxi in the Village of Babylon:

            Marchione, Carol                    Scalera, Nicholas Jr.               Thompson, Sean

Trustee Silvestri commented that the Conklin House recently hosted a talk about Recycling and this month will be sponsoring a scavenger hunt at Southard’s Pond.

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

RESOLVED to increase the annual salary of Marc Fisch $1,000.00 effective August 10, 2020 having completed his six-month probationary period.

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

RESOLVED to issue a refund in the amount of $16.67 to Stewart Title Insurance Company for overpayment of 2020 Taxes [made on behalf of new owner Charles G. Teufel/Oakmont Funder LLC] for the property located at 57 Ewell Street.  [001–01–028]

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

RESOLVED to approve the following Budget Revisions for the 2019/20 Fiscal Year.

Account Number                     Account Name                                                     Amount

Resurfacing of Roads – Railroad Avenue

A-3501                                    Consolidate Highway Aid                                  $200,000.00

A-5112                                    Highway Improvement Programs (CHIPS)   $200,000.00

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

RESOLVED to approve the following warrant for August 11, 2020:

            General Account:                                $ 175,419.91

            TOTAL GENERAL FUND:               $ 175,419.91

            TOTAL:                                                 $ 175,419.91

The Mayor made the following announcements:

-          Please be advised that there will be no second Board meeting in August.

-          Village of Babylon Offices will be closed and there will be no rubbish or garbage pick-up on Monday, September 7th, 2020 in observance of the Labor Day Holiday.  Residents should not put rubbish or recycling out to the curb on holidays.

-          The Mayor thanked Skip and the Highway crew for working non-stop since the storm.

-          The Governor’s Office has extended the suspension of open meetings into the month of September.  Although we had hoped to hold the Board meetings in Village Hall, we will continue to hold all Board meetings, Zoning Board of Appeals meetings, Planning Board meetings, and Architectural Review Board meetings via Zoom until we received further guidance from the Governor’s office.

The Mayor read the following:

“As this is our last Village Board of Trustees meeting for the month of August, sadly, it is also the last board meeting for Deputy Mayor Kevin Muldowney. Although Deputy Mayor Muldowney had been discussing retirement from the Village Board for a while, he had not given an exact date. Now that Kevin has decided to retire, effective September 1st, and after being one of the longest Trustee held positions in 31 years in Suffolk County, we can only congratulate him on his decision and thank him for all of those years of service and dedication to the Village of Babylon.

Kevin was elected in 1989, and his first area of responsibility was the conversion of our street lighting system from mercury type lamps to low pressure sodium type lamps, which were more efficient and more economical. Under the administration of Mayor Don Conroy, Kevin was assigned to select and install the first group of old fashioned street lights in our Village. Now, with over 500 installed, our lampposts have become one of the benchmarks of our Village.

In the early nineties, Kevin installed the first computer system in Village Hall, only to have to replace it due to the Y2K threats in 1999. Kevin also replaced an antiquated telephone system with a new state of the art digital network. Over the years, Kevin supervised the Village recreation programs of basketball, tennis and gymnastics. The E. Donald Conroy Golf Course is another jewel in our Village. Kevin was responsible for overseeing the opening and operation of the Village Golf Course. Opening the golf course was a dream of former Mayor Conroy and the result of much hard work by members of our boards and a committee of concerned residents who provided a tremendous amount of input and guidance during this project. Today, the E. Donald Conroy Golf Course is one that is enjoyed by families, where tournaments are hosted and golf lessons are offered for all ages. It has become another added value in our Village for our residents, guests and certainly our home values as well.  Another responsibility of Deputy Mayor Muldowney's was the operation of 444 boat slips in our Village marinas and maintaining the Village marinas for all our boaters to enjoy as well ensuring the safety at each of our marinas throughout the years.

On behalf of the Village of Babylon and our residents, I would like to personally thank Kevin's wife, Diane and his daughters, Suzanne and Pamela. It was 31 years of service for Kevin; however, it was 31 years of sacrifice for Diane and her daughters. Thank you, Diane, and your family, for the support, encouragement and understanding for being there every step of the way.

As we move forward, we will always appreciate Kevin's contributions and efforts in our community.

According to New York Village Law Sec 3-312, ..."vacancies in offices caused other than by expiration of the terms thereof shall be filled by the Mayor, except the office of the Mayor which shall filled by the Board of Trustees, to the extent and for the periods of time set forth herein."  As I had mentioned, Deputy Mayor Muldowney had told us he was thinking of retiring. With this in mind and after much consideration and discussion with the Village Board of Trustees, I am pleased to announce my appointment and welcome to the Village of Babylon Board of Trustees, Dominic Bencivenga.

Dominic has been a resident of Babylon Village since 1995, married to Joann and has 3 children who attended the Babylon Public schools. Dominic currently serves as the third Vice President for the Babylon Lions Club and was co-founder of "Babylon Helps," an organization that provided community relief after Hurricane Sandy. Dom also served as a co-chair of the NY Rising Community Reconstruction Plan for the Village of Babylon and West Babylon.

Dominic's volunteering in our community is on many different levels. The Babylon Soccer Club, PTA Basketball, Little League Basketball and Softball, kid wrestling and youth football. Dom is a former committee chair for Cub Scout Pack 99 and very much involved with Boy Scout Troop #194.

Dominic served on the Babylon Board of Education for 9 years, was Board President from 2011-2013 and was President in 2014. Dom served as Vice President on the Board of Education from 2014-2015. As Chairman of the Buildings and Grounds committee, he coordinated the development, public input, approval and successful completion of the district's $26.6 million bond issue. Having a strong working relationship with Babylon Village officials, Dominic developed a shared services model with the school district.  Dominic is graduate of Columbia University graduate school of Journalism, Hofstra University and Nassau Community College.

Welcome to the Village of Babylon Board of Trustees, Dominic!”

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

RESOLVED to accept the request of Kevin S. Muldowney to retire as Trustee and Deputy Mayor of the Village of Babylon effective September 1, 2020.

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

RESOLVED to appoint Dominic Bencivenga as Trustee to fulfill the unexpired term of Kevin Muldowney which is to April of 2021, effective September 2, 2020.

Newly appointed Trustee Bencivenga thanked the Mayor and the Board for this opportunity, stating that it is both an honor and privilege.  He also thanked Trustee Muldowney for his decades of service to the Village.

Trustee Muldowney commented that the decision to retire was a very difficult one. He believes he would not have lasted 31 years “if not for the pleasure of working for two great Mayors, Don Conroy and Ralph Scordino”.   Trustee Muldowney expressed his appreciation for all that Mayor Scordino has done to make this Village a better place and thanked the staff at Village Hall for their hard work.  He also expressed gratitude for his wife Diane, thanking her for all her support and advice over the years.

The Board all wished Kevin the best, thanking him for his help, guidance and friendship.

Meeting adjourned at 8:50 p.m.

_______________________

Village Clerk

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