Better Babylon Party

July 23, 2019

A work session was held by the Board of Trustees of the Village of Babylon on Tuesday, July 23, 2019.  On the motion of Trustee Muldowney, seconded by Trustee Silvestri and unanimously carried, the meeting opened at 7:05 p.m. On the motion of Trustee Davida, seconded by Trustee Muldowney and unanimously carried, the Board entered into Executive Session at 7:25 p.m. to discuss current litigation at 7:25 p.m.  On the motion of Trustee Davida, seconded by Trustee Silvestri and unanimously carried, the Executive Session ended at 7:59 p.m.  On the motion of Trustee Muldowney, seconded by Trustee Silvestri and unanimously carried, the meeting adjourned at 8:00 p.m.

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,

JULY 23, 2019

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 8:02 p.m.

The Pledge of Allegiance was led 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 July 9th, 2019 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 July 18, 2019:

At the regular monthly meeting of the Fire Council held July 16, 2019, the Fire Council took the following actions and we await your approval:

            Placed on Sick Leave

                        James Aripotch effective June 4, 2019.

            Accepted New Probationary Members

                        Melissa Bynon – Phoenix Hose Company #1

                        Grant Lee – Hook & Ladder Company #1

                        Nicholas Vella – Sumpwams Hose Company #2

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

RESOLVED to accept the Fire Department actions as read.

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

RESOLVED to grant permission to Bicycle Shows U.S. to hold their annual ‘Ride to Montauk’ bicycle event from the Babylon Long Island Railroad Station to Montauk on Saturday, September 14, 2019.  Set-up will begin the afternoon of Friday, September 13th and be removed by Monday, September 16th.  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 and notarized Hold Harmless agreement.

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

RESOLVED to issue a refund in the amount of $64.19 to Simi Ent., LLC, for overpayment of 2019/20 Taxes on the property located at 358 Deer Park Avenue.   [Section 006/ Block 03/ Lot 068]

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

RESOLVED to accept the attached agreement between the Village of Babylon and Margaret O’Sullivan for maintenance of the Perennial Gardens at the Conklin House starting April 1, 2019 through October 31, 2019, at a rate of $14.00 per hour, total amount not to exceed $1,000.00.

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

RESOLVED in accordance with the Records Retention and Disposition Schedule MU-1, to dispose of the following:  Sealed Unused Ballots from the March 19th, 2019 Village Election, as indicated:

Book Number

Ballot Numbers

10 of 80

451-500

11 of 80

501-550

12 of 80

551-600

13 of 80

601-650

19 of 80

901-950

20 of 80

951-1000

21 of 80

1001-1050

30 of 80

1451-1500

31 of 80

1501-1550

32 of 80

1551-1600

33 of 80

1601-1650

44 of 80

2151-2200

45 of 80

2201-2250

46 of 80

2251-2300

47 of 80

2301-2350

48 of 80

2351-2400

49 of 80

2401-2450

56 of 80

2751-2800

57 of 80

2801-2850

58 of 80

2851-2900

66 of 80

3251-3300

70 of 80

3451-3500

71 of 80

3501-3550

72 of 80

3551-3600

73 of 80

3601-3650

74 of 80

3651-3700

75 of 80

3701-3750

76 of 80

3751-3800

77 of 80

3801-3850

78 of 80

3851-3900

79 of 80

3901-3950

80 of 80

3951-4000

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

RESOLVED to accept the Street Lighting Agreement between the Town of Babylon and the Village of Babylon for the year June 1, 2019 through May 31, 2020.

[Rate $1,000 per month; total $12,000 for the year.]

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

RESOLVED to increase the annual salary of Kathleen McLean $1,000.00 effective July 22, 2019.

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

RESOLVED to issue a refund in the amount of $2,391.79 to Lereta Tax Services for duplicate payment of 2019/20 Taxes on the property located at 126 Midway Street.

[Section 021/ Block 02/ Lot 038.008]

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

RESOLVED to issue a refund in the amount of $150.00 to Kristy Furci of The Green Fork Babylon, LLC regarding the Public Hearing on July 9, 2019 for 101 Deer Park Ave:

            $  50.00 – for the return of one Board of Trustees Public Hearing sign for partial refund

            $100.00 – for second Board of Trustees Public Hearing sign paid for and never received

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

RESOLVED that the Mayor be authorized to add an additional carrier to the cell tower located at 1 Ralph Avenue, Babylon, NY.

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

RESOLVED to approve the following warrant for July 23rd, 2019:

General Account:                    $ 315,730.37

TOTAL GENERAL FUND:   $ 315,730.37

Capital Fund:                          $ 145,758.80       

TOTAL:                                    $ 461,489.17

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

RESOLVED to accept the attached Temporary License Agreement with Tres Palms pertaining to Employee Parking at the Village Pool for the period July 1, 2019 to June 30, 2020.

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

RESOLVED to issue a refund totaling $8,772.77 to Corelogic Tax Services for duplicate payment of 2019/20 Taxes on the following properties:

Section–Block–Lot

Owner

Property Address

Refund Amount

011.1 – 01 – 065

Cusmano, Sandra

53 Whaler’s Cove Rd.

$ 627.81

012 – 02 – 027.004

Neville, Patricia

5 Ross Rd.

$ 1,986.33

015 – 01 – 076

Tracey, James

8 Alton Rd.

$ 1,194.40

017 – 02 – 043

Shanahan, G. & C.

27 Harbour Rd.

$ 1,821.46

019 – 03 – 016.014

Carey, G. & L.

5 Saltmeadow Rd.

$ 1,799.07

022 – 03 – 042

Decanio, A. & Ciano, R.

59 Yacht Club Rd.

$ 1,343.70

Total Refund:

$ 8,772.77

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

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

Amount:          Applicant:                                           Property located at:

$ 50.00            East Main Street Babylon LLC         258-262 West Main Street

$ 50.00            Gregory Jemison                                 52 Tappan Avenue

$ 50.00            Kelly Peckholdt                                    264 Deer Park Avenue

$ 50.00            Anthony Manetta                                27 Trask Lane

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

BE IT RESOLVED, that the calendars for the appointed and elected officials listed on the attached chart 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 Employee’s Retirement system:

All Elected and Appointed Officials:       Six-hour day

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

                                                                        Seven-hour day

Superintendent of Public Works and laborer staff:   

                                                                        Eight-hour day

Title

Name

Standard Work day

(Hrs/day)

Term Begins/Ends

Participates in Employer’s Time Keeping System  (Y/N)

Days/Month

(based on Record of Activities)

Site Plan Reviewer

Stephen Fellman

6

4/1/2019 – 4/6/2020

N

8.67

Village Assessor

Teresa Allar

6

4/1/2019 – 4/6/2020

N

2.31

Mayor

Ralph A. Scordino

6

4/1/2019 – 4/3/2023

N

28.52

Trustee

Robyn Silvestri

6

4/1/2019 – 4/3/2023

N

15.56













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

RESOLVED to issue a refund in the amount of $41.43 to KISS Abstract, LLC, for overpayment of 2019/20 Taxes on the property located at 142 Frederick Avenue.    [Section 002/ Block 01/ Lot 144]

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

RESOLVED to issue a pro-rated refund in the amount of $305.00 to Sean & Nula Carroll for the remainder of the 2019 Season for boat slip #52 at Lewis Pond.

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

RESOLVED to hire Kenneth Watson as a full-time Highway Laborer with an annual salary of $29,120.00 effective July 15, 2019.

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

RESOLVED to remove the exemptions as per the attached Assessor Petitions and bill the new owner(s) the Exempt Property Restoration for the Tax Year as indicated on the attached chart:

 S/B/L

 Address

 Exemption/

Assessed Value

Prior Owner

New Owner

Tax Yr.(s)

Total Bill Amount

005-02-028

300 Park Ave.

Alt. Veteran Combat

A/V 667

Bender, Ruth

Costanzo, Susan

Life Estate for William Bender

Bell, Amy Beth

Young, Robert

18/19 

   & 19/20

$ 113.89

005-03-017.001

43 Frederick Ave.

Alt Veteran, N/C

A/V 400

Covell, Marion

Chen, Matthew  DeMaria, Jaime

18/19

   &

19/20

$ 69.32

011-02-004

80 George St.

Alt Veteran, Combat

A/V 667

Buccino, Russell

Buccino, Joseph M.

Buccino, Russell

18/19

   &

19/20

$ 104.17

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

RESOLVED, that the Incorporated Village of Babylon applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under Title 9 of the Environmental Protection Act of 1993, for the purpose of funding the Argyle Falls Restoration;

RESOLVED, that the Incorporated Village of Babylon is authorized and directed to accept these grant funds in an amount not to exceed $500,000.00 for the project described in the grant application;

RESOLVED, that the Incorporated Village of Babylon is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Argyle Falls Restoration;

RESOLVED, that the Incorporated Village of Babylon is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and

RESOLVED, that the Board of Trustees of the Incorporated Village of Babylon delegates signing authority to execute the Master Contract and any required deed of easement and other certifications to the Mayor.

                                                                 YES       NO

            Mayor Ralph Scordino               X         ____

            Trustee Kevin Muldowney        X         ____

            Trustee Anthony Davida           X         ____

            Trustee Mary Adams                 X         ____

            Trustee Robyn Silvestri            X         ____

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

RESOLVED to schedule a Public Hearing to be held at 7:00 p.m. on Tuesday, August 13th, 2019, to consider the application of Margaret Drew, President of MADD Bartini, Inc., to amend the current Covenants & Restrictions for Bartini, 124 North Carll Avenue, to allow for nightly entertainment and expanded hours.  Copy of Application and Plans are available in the Office of the Village Clerk.

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

RESOLVED to schedule a Public Hearing to be held at 7:00 p.m. on Tuesday, August 13th, 2019, to consider the application of Frank Bono, principal of OG Ramen, to open a take-out ramen noodle restaurant at 14-A Railroad Avenue. Copy of Application and Plans are available in the Office of the Village Clerk.

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

WHEREAS a Public Hearing was held on Tuesday, July 9, 2019,

BE IT HEREBY RESOLVED to approve the application of Kristy Furci and Maxine Sterlacci, to open a salad bar restaurant, The Green Fork, at 101 Deer Park Avenue.

ALSO BE IT RESOLVED to approve and adopt the attached Covenants and Restrictions for The Green Fork, 101 Deer Park Avenue.                         [Section 010 / Block 04 / Lot 008]

The Mayor made the following announcement:

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

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

RESOLVED to withdraw proposed Local Law 6 of 2019 to amend Chapter 343, Article XI, Section 60, Schedule II: Speed Limits, pertaining to certain areas of Frederick Avenue, Livingston Avenue, Cadman Avenue and Litchfield Avenue.

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

RESOLVED to schedule a Public Hearing to be held at 7:00 p.m. on Tuesday, August 13th, 2019, to consider the adoption of Local Law 6 of 2019, to add Chapter 93 to Village Code pertaining to Bicycles.

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

RESOLVED to authorize the Mayor to execute an addendum to the Collective Bargaining Agreement to raise the base salary of employees John McArdle and Adam Ciabattari from $17.63 per hour to $23.50 per hour, retroactive to June 1, 2019.

The meeting was opened to the public;

            Frank Curtin, 420 Fire Island Avenue

            Gary Dieterich, 131 Annuskemunnica Rd.

The meeting adjourned at 8:25 p.m.

_______________________________

Village Clerk  

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