OCTOBER 12, 2021

A work session was held by the Board of Trustees of the Village of Babylon on TUESDAY, OCTOBER 12, 2021. On the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried, the meeting opened at 6:50 PM. On the motion of Trustee Cardali, seconded by Trustee Bencivenga and unanimously carried, the Board entered into executive session at 7:15 PM to discuss current litigation, at which time the work session was ended on the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried. On the motion of Trustee Bencivenga, seconded by Trustee Cardali 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,

OCTOBER 12, 2021

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 Trustee Seibert, seconded by Trustee Silvestri and unanimously carried, it was

RESOLVED to approve the minutes of the September 28, 2021 regular meeting of the Board of Trustees and dispense with the reading of the same.

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

RESOLVED to accept the resignation of Graceann Sawczyn as full-time office assistant effective September 16th, 2021.

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

RESOLVED to grant permission to Friends of Kevin McCaffrey to maintain temporary 24” x 16” lawn signs at various residences in the Village from October 21st to November 3rd, 2021 regarding the upcoming election.

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

RESOLVED that pursuant to New York State General Municipal Law section 104(b), MAYOR MARY ADAMS, the TRUSTEES, JEAN MARIE PARKER, Village Clerk, IRENE IVANOFF, Court Clerk, CHARLES GARDNER, Superintendent of Public Works, SCOTT GLENN, LISA TRIPP, JEANETTE YANTZ, THOMAS STEFFANN, WILLIAM WHITTIER, RAYMOND PETERSON and JOSEPH FRACCALVIERI, MATTHEW ARUNDALE and JAMES MIGA of the Babylon Village Fire Department, are responsible for purchasing.

Trustee Seibert commented on the progress at Argyle Falls; everything is going according to schedule.

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

    RESOLVED to grant permission to the Chamber of Commerce to maintain 2’x3’ temporary signs from October 18th through October 30th, 2021, to advertise the Halloween Safe Trick or Treat. Signs to be posted at the following locations:

    • Main Street near Rt. 231
    • John Street and Cooper Street intersection
    • Deer Park Avenue, between Clinton Street and Washington Street (by the Cross of Christ Lutheran Church)
    • - Main Street and Rt. 109 intersection (by the Greenman Pederson building)

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

    WHEREAS a Bid Opening was held on Thursday, September 30, 2021, for Shore Road Bulkhead Restoration Phase One,

    BE IT HEREBY RESOLVED to award the bid to:

    Atlantic Coast Dock Construction Corp.

    71 Alder Drive

    Mastic Beach, NY 11951

    with a base bid price of $385,825, an alternate bid price of $380,200, and a total bid price of $766,025.

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

    RESOLVED to approve the following warrant for October 12, 2021:

    General Account:                          $ 217,423.45

    Conklin House:                                         $ 70.61

    TOTAL GENERAL FUND:             $ 217,494.06

    Trust Fund:                                        $ 15,577.84

    TOTAL:                                              $ 233,071.90

    Trustee Cardali commented that due to the price increase, we will be securing chlorine before the next pool season.

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

    RESOLVED to grant permission to the residents of Roosevelt Street to hold a block party on Saturday, October 30, 2021, from 2:00 PM to 11:00 PM, with a rain date of Sunday, October 31, 2021. The street will be blocked between Siegel Boulevard and Deer Park Avenue, and at Cleveland Street, subject to parking restrictions for emergency purposes.

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

    RESOLVED to extend the 2021 Boat Berth Season to November 30, 2021, at which time boats and lines must be removed from Village berths.  [Winter Mooring is available at certain marinas; contact the Village Clerk’s Office for more information regarding Winter Mooring.]

    Trustee Bencivenga stated that the water and electric at the marinas will be turned off two (2) weeks before the season ends.

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

      RESOLVED to reappoint Charles (Skip) Gardner to the Village of Babylon Tree Advisory Board for two years to November 2023.

      Trustee Bencivenga noted the correct date for the Village Cup to be held at the golf course is November 6th, with a rain date of November 13th. The last tee time will be earlier and earlier each week for the remainder of the golf season based on sunset times.

      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

        $ 50.00

        Jaclyn Caputo

        129 Lucinda Drive

        09/22/2021

        $ 50.00

        Peter Lombardi

        Elevation Fitness Inc.

        41 John Street

        09/22/2021

        $ 50.00

        Brian Mazeika

        81 Pilcher Street

        09/22/2021

        $ 50.00

        Mary Muesch

        50 Tappan Avenue

        09/22/2021

        $100.00

        Eric Rodriguez

        35 Stowe Avenue

        09/22/2021

        $ 50.00

        Patrick Scarangella

        Golden Five Realty Corp.

        43-59 John Street

        09/22/2021


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

        RESOLVED to accept the following GOVERNMENTAL LEASE-PURCHASE AGREEMENT NO. 2002828102 DATED AS OF September 4, 2021:

          A resolution authorizing the negotiation, execution, and delivery of Governmental Lease-Purchase Agreement No. 2002828102 dated September, 4 2021 (the “Lease”), in principal amount not to exceed $200,000, between Village of Babylon, 153 West Main Street, Babylon, NY 11702 and Key Government Finance, Inc., 1000 South McCaslin Boulevard, Superior, CO 80027-9456; and prescribing other details in connection therewith.

          WHEREAS, Village of Babylon, (the "Lessee") is a political subdivision duly organized and existing pursuant to the Constitution and laws of the State of New York; and

          WHEREAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering into lease-purchase agreements; and

          WHEREAS, Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in Attachment to the Lease is appropriate and necessary to the function and operations of the Lessee; and

          WHEREAS, Key Government Finance, Inc, (the "Lessor") shall act as Lessor under said Lease; and

          WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State;

          NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF VILLAGE OF BABYLON:

          Section 1. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Mayor of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee.

          Section 2. The Lessee shall, and the officers, agents and employees of the Lessee are hereby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease.

          Section 3. The Lessee’s obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of New York.

          Section 4. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved.

          Section 5. Lessee reasonably anticipates to issue not more than $10,000,000 of tax‑exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds") during the current calendar year and hereby designates the Lease as a “qualified tax‑exempt obligation” for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.

          Section 6. This resolution shall take effect immediately upon its adoption and approval.


          Trustee Silvestri commented about the Apples & Arts Festival this weekend at the Conklin House. Next weekend the Conklin House will host the winners of the Dinner for Eight raffle.


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

            WHEREAS, the Incorporated Village of Babylon’s (the Village) Executive Labor Committee has negotiated a collective bargaining agreement covering the period June 1, 2021 - May 31, 2028, with CSEA LOCAL 1000 AFSCME, AFL-CIO for the Village’s Blue-Collar Unit and recommends the agreement to the Village’s Board of Trustees for approval;

            And

            WHEREAS, the Village Board of Trustees has reviewed and intends to adopt said collective bargaining agreement;

            And

            WHEREAS, said collective bargaining agreement recognizes CSEA LOCAL 1000 AFSCME, AFL-CIO as the union representative of the Village’s Blue-Collar Unit and that said employees have waived their right to strike in consideration of such agreement, a copy of which is on file with the Village Clerk,

            NOW, THEREFORE, be it

            RESOLVED, that the Village Board of Trustees hereby approves the collective bargaining agreement covering the period June 1, 2021 - May 31, 2028, with CSEA LOCAL 1000 AFSCME, AFL-CIO for the Village’s Blue-Collar Unit;

            And be it further

            RESOLVED, that the Village Mayor is hereby authorized to execute the collective bargaining agreement with CSEA LOCAL 1000 AFSCME, AFL-CIO, as filed with the Village Clerk or as modified with the approval of the Village Attorney;

            And be it further

            RESOLVED, that this resolution shall take effect immediately.

            The following residents addressed the Board:

            Ann Lotito Schuh, 138 Siegel Blvd.

            John Lepper, 59 Cockenoe Ave.

            Bethney Garvey Ruggiero, 130 Little East Neck Rd. South


            On the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried, the meeting adjourned at 8:20 PM.

            ______________________

            Village Clerk

            ** For attachments contact the Village Clerk’s Office

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