January 11, 2022

A work session was held by the Board of Trustees of the Village of Babylon on TUESDAY, JANUARY 11, 2022. On the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried, the meeting opened at 7:15 PM. On the motion of Trustee Cardali, seconded by Trustee Silvestri and unanimously carried, the Board entered into executive session at 7:35 PM to discuss current litigation, at which time the work session was ended. On the motion of Trustee Bencivenga, seconded by Trustee Seibert and unanimously carried, the executive session ended at 7:50 PM.

REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF BABYLON

WAS HELD IN THE BOARD ROOM,

153 WEST MAIN STREET, BABYLON, NEW YORK,

ON TUESDAY,

JANUARY 11, 2022

PRESENT:

Mayor Mary Adams

Trustee Frank Seibert

Trustee Robyn Silvestri

Trustee Dominic Bencivenga

Trustee Anthony Cardali

Attorney Matthew McDonough

Regular meeting of the Board of Trustees opened at 8:03 PM.

The Pledge of Allegiance was led by Trustee Silvestri.

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

RESOLVED to approve the minutes of the December 14, 2021 regular meeting of the Board of Trustees and dispense with the reading of the same.

The Village Clerk read the letter from the Fire Department dated December 22, 2021:

At the regular monthly meeting of the Fire Council held December 21, 2021,

the Fire Council took the following action and we await your approval:

Approved Change in Status from Active Member to Senior Inactive Member:

Robert Neidig Fire Patrol Company No. 1

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

RESOLVED to accept the Fire Department actions as read.

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

RESOLVED to grant the request of Marietta Menchini to retire from the Village of Babylon effective December 31, 2021.

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

RESOLVED to transfer George Burke from full-time custodian to full-time parking meter officer, effective January 3rd, 2022.

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

RESOLVED to accept the resignation of Jalen Ward as part-time laborer, effective January 18, 2022.

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

RESOLVED to grant permission to the Babylon Village Arts Council to use Argyle Park, east of the falls, next to the Memorial Garden, on Saturday, May 21, 2022, from 10:00 a.m. to 5:00 p.m., (rain date to be determined) for the annual Art by the Falls outdoor art exhibit. 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 Seibert, seconded by Trustee Silvestri and unanimously carried, it was

RESOLVED to hold Pickleball lessons at the Park Avenue tennis courts for four hours each day on the following dates:

Thursday, May 26th and Friday, May 27th, 2022

    Thursday, June 9th and Friday, June 10th, 2022

    Thursday, July 14th and Friday July 15th, 2022

    Thursday, August 4th and Friday, August 5th, 2022

    ALSO RESOLVED to approve Hank Carpenter, at a rate of $17.00 per hour, to instruct the Pickleball lessons [at the Park Avenue tennis courts 4 hours each day] on the dates listed above.

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

    RESOLVED that the Village establish a Safe Harbor standard measurement period of one year for a new, variable hour employee.

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

    RESOLVED to amend the resolution dated December 14, 2021 appointing Meredith McCaslin to the Architectural Review Board and correct the name to Meredith Michaels.

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

    RESOLVED that the Board of Trustees of the Village of Babylon is the Lead Agency regarding proposed local law of 2022 amending Chapter §343-33 Commercial Vehicles,

    and therefore,

    BE IT RESOLVED that the Board of Trustees has determined this action will not have an adverse impact on the environment

      On the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried,

      WHEREAS a Public Hearing was held on Tuesday, January 11, 2022,

      BE IT HEREBY ENACTED that the following Local Law, proposed as Local Law Chapter §343-33, Commercial Vehicles is HEREBY ADOPTED as:

        Local Law # 1 of 2022, amending Chapter §343-33 Commercial Vehicles

                                               In Favor:            Opposed:

        Mayor Adams                 X   

        Trustee Seibert              X

        Trustee Silvestri             X

        Trustee Bencivenga      X 

        Trustee Cardali               X

        ** This Local Law is effective upon filing with the Secretary of State. **

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to hire Marietta Menchini as a part-time office assistant in the Building Department with a salary of $22.68 per hour, effective January 18th, 2022.

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to accept the resignation of Thomas Freyer as full-time laborer, effective January 11, 2022.

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to grant permission to the Babylon Ancient Order of Hibernians St. Patrick’s Division 2 to hold a 5K running race for charity on Saturday, September 10, 2022 at 8AM at Southards Pond & Belmont Lake State Park. Permission is granted contingent upon timely receipt of required certificates of insurance with the Village of Babylon listed as an additional insured, as well as a signed and notarized hold harmless agreement.

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to issue a refund in the amount of $250 to Salvatore Giangrande for winter mooring for the 2021-22 season.

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to remove the exemption from the 2021 tax roll as per the attached Assessor Petition.

        S/B/L

        Address

        Exemption /

        Assessed Value

        Prior Owner

        New Owner

        Tax Year

        002-01-006

        28 Vanderbilt Ave.

        Veteran NC

        A/V 335

        St. John, Rogelio

        Estate of

        St. John, Rogelio

        2021

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to schedule a public hearing to be held on Tuesday, February 8th, 2022 at 7:00 PM to consider the adoption of proposed Local Law of 2022 to amend Village Code Chapter §343-33 D regarding Boat Storage. Complete text of the above Local Law will be available beginning January 26th, 2022 in the Office of the Village Clerk and on the Village website, www.villageofbabylonny.gov.

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to approve the following warrant for January 11, 2022:

        General Account:                    $ 271,592.26

        Conklin House:                             $ 1,789.19

        TOTAL GENERAL FUND:       $ 273,381.45

        Trust Fund:                                    $ 1,086.87

        TOTAL:                                       $ 274,468.32

        On the motion of Trustee Bencivenga, seconded by Trustee Cardali and unanimously carried, it was

        RESOLVED to hire Mary Beth Briordy Liles as a full-time Recreational Program Coordinator with an annual salary of $31,120, effective December 6, 2021.

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

        RESOLVED to change Dominick Fraccalvieri from part-time laborer to full-time custodial worker with a salary of $29,120, effective January 3, 2022.

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

        RESOLVED to terminate Shane Rosenthal, p/t highway laborer, effective December 3rd, 2021.

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

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

        Refund:

        Applicant or Property Owner

        to receive refund:

        For Property located at:

        Hearing Date

        $100.00

        Dr. Michael Beck

        534 Deer Park Ave.

        12/15/21

        $ 50.00

        Mike Carmody

        84 Prospect St.

        12/15/21

        $ 50.00

        Charity Corcino

        2 West Gate

        12/15/21

        $ 50.00

        Brian Kistner

        83 Prospect St.

        12/15/21

        $ 50.00

        William O’Hara

        88 Mayhew Ave.

        12/15/21

        $50.00

        Mary P. Reynolds

        51 Hewlett Ct.

        12/15/21

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

        RESOLVED to accept the attached contract renewal with Property Registration Champions, LLC (PROCHAMPS) for one year, through February 2, 2023. (#1510)

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

        RESOLVED that the Treasurer of the Village of Babylon be directed to hold a Tax Sale at the Municipal Building, 153 West Main Street, Babylon, New York, on Saturday, the 26th of February, 2022, at 10:00 a.m.

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

        RESOLVED that the Village has established a Safe Harbor standard measurement period of one year, from October 1st to September 30th, for the purpose of determining on-going variable hour employees.

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED to increase the annual salary of Lisa Tripp $1,000 effective immediately, having completed her six-month probationary period.

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED to accept the resignation of Sarah McLean as part-time office assistant in the Building Department, effective January 21, 2022.

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED to grant permission to the Babylon Beautification Society to use Village facilities and venues for fundraisers and events to be held in 2022 as per the attached. Permission is granted contingent upon timely receipt of required certificates of insurance with the Village of Babylon listed as an additional insured, as well as a signed and notarized hold harmless agreement.

        Event

        Place

        2022 Day / Date

        Time

        Arbor Day Celebration

        Gazebo

        Sat., April 30th

        12:30 pm– 2:00 pm

        Annual Fair

        Argyle Park, Gazebo, Bayman Park

        Sun., September 18th

        (Rain date Sept. 25th)

        Lamppost Decorating Prep

        Village Garage

        Saturday, November 26th

        7:30 am–11:30 am

        Christmas Market

        Gazebo, Bayman Park

        Saturday, December 10th

        (Rain date Dec. 11th)

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED to issue a refund in the amount of $10.63 to MKM Abstract Services, Inc. for overpayment of 2021 taxes on the property located at 72 Shore Road [016-03-072].

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED to hold a bid opening on Thursday, January 27th, 2022 at 9:30 AM for the Requirements Contract for Drainage Work. Bid Specifications will be available in the Office of the Village Clerk between the hours of 9AM and 5PM Monday through Friday beginning January 13th, 2022.

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED to schedule a public hearing to be held on Tuesday, February 8th, 2022 at 7:00 PM to consider the adoption of proposed Local Law of 2022 regarding the Tax Cap. Complete text of the above Local Law will be available beginning January 26th, 2022 in the Office of the Village Clerk and on the Village website, www.villageofbabylonny.gov

        On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, it was

        RESOLVED that the Board of Trustees of the Village of Babylon is the Lead Agency regarding proposed local law of 2022 amending Chapter §210-7 C. Landscapers,

        and therefore,

        BE IT RESOLVED that the Board of Trustees has determined this action will not have an adverse impact on the environment.

          On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried,

          WHEREAS a Public Hearing was held on Tuesday, January 11, 2022,

          BE IT HEREBY ENACTED that the following Local Law, proposed as Local Law Chapter §210-7 C, is HEREBY ADOPTED as:

          Local Law # 2 of 2022, amending Chapter §210-7 C. Landscapers

                                                       In Favor:       Opposed:

          Mayor Adams                         X

          Trustee Seibert                      X

          Trustee Silvestri                     X

          Trustee Bencivenga              X

          Trustee Cardali                       X

          ** This Local Law is effective upon filing with the Secretary of State. **

          Mayor Adams read the letter from Chief Fraccalvieri:

          I am respectfully requesting your approval to donate the old Unit 1-2-5 currently being stored at the Electric Hose House on Cedar Street to the Terry Farrell Fund with the intent to deliver this apparatus to a fire department in Kentucky that lost their equipment during the recent tornadoes.

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

          WHEREAS, the Village’s 1985 and 1987 Pierce Pumpers have been declared surplus; and

            WHEREAS, the Babylon Village Fire Department Fire Council recommends to the Village Board that the surplus vehicles be donated to the Terry Farrell Firefighter Fund, a not-for-profit corporation and 501(c)3 organization; and

            WHEREAS, acting in its fiduciary role the Village Board has determined that the donation is the most beneficial terms in the public interest for any lawful use of disposing of the surplus vehicles; and

            WHEREAS, the Village has supported similar donations in the past; and

            WHEREAS, the Village shall not incur transportation costs, tariffs, taxes or other fees associated with the delivery of this donation;

            NOW, THEREFORE BE IT

            RESOLVED, that the surplus trucks are donated to the Terry Farrell Firefighter Fund, 

            and be it further,

            RESOLVED, that the Village Board, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II action pursuant to Section 617.5(6)(26), and (33) of the Title 6 of the New York Code of Environmental Conservation Law as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council of Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution

            RESOLVED, that this resolution shall take effect immediately.

                                                         Yeas:                Nays:

            Mayor Adams                     X

            Trustee Seibert                  X

            Trustee Silvestri                       - Absent- 

            Trustee Bencivenga        

            Trustee Cardali                 

            The resolution thereupon was declared duly adopted.

            The meeting was opened to the public; the following people addressed the Board in favor of the George Street Dog Park:

            Kelly Morenus, 72 George Street

            Ed Kondek, 478 Village Oaks Lane

            Gary Weiner, 40 Ellen Avenue

            Terri Harkins, 1063 Manor Lane, Bay Shore

            Josephine Kostick, 95 Whalers Cove

            Noreen O’Brien, 85 Whalers Cove

            Mayor Adams made the following announcement:

            Village of Babylon Offices will be closed and there will be no rubbish or garbage pick-up on Monday, January 17th, 2022 in observance of Martin Luther King Day. Residents should not put rubbish or recycling out to the curb on holidays.

            On the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried, the meeting adjourned at 8:45 PM.

            ______________________

            Village Clerk

            ** For attachments contact the Village Clerk’s Office

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