Board of Trustees

BOARD OF TRUSTEES MAY 20, 2021 A meeting of the Board of Trustees of the Village of Garden City in the County of Nassau, New York, was held via Zoom video/audio (with Trustees, Department Heads and Village Counsel present in the Board Room) at 351 Stewart Avenue in said Village on May 20, 2021, at 7:30 p.m. Present: Mayor Cosmo Veneziale, Trustees Bruce J. Chester, Terence P. Digan, John M. Delany, Mary Carter Flanagan, Colleen E. Foley, Louis M. Minuto and Thomas J. O’Brien. Also Present: Ralph V. Suozzi, Village Administrator Karen M. Altman, Village Clerk Kenneth O. Jackson, Chairman, Board of Police Commissioners Irene Woo, Village Treasurer Matthew F. Pearn, First Assistant Chief, Fire Department Paul Blake, Chairman, Board of Commissioners of Cultural and Recreational Affairs Peter A. Bee, Bee Ready Fishbein Hatter & Donovan, LLP Attendance: Approximately 30 (via Zoom) The Clerk reported that due notice of this meeting had been served on each member of the Board. Mayor Veneziale called upon Ralph Suozzi along with the Department Heads who spoke about their agenda items. Mayor Veneziale informed the Trustees and residents that we are in the process of forming a Fire Safety Committee which he will head along with Trustee O’Brien and Chief Moody as Members. All potential candidates are under review and we should have the information to the public very soon. Mayor Veneziale stated that the first item on the agenda was approval of the minutes of the last meetings of the Board of Trustees. The minutes of the special meeting held on April 29, 2021 were reviewed, and on motion of Trustee Delany were approved as presented. (Trustee Digan abstained) The minutes of the regular meeting held on May 6, 2021 were reviewed, and on motion of Trustee Digan were approved as presented. (Trustee Minuto abstained) NEW BUSINESS FORMAL AGENDA APPOINTMENT BY THE MAYOR Irene Woo, Village Treasurer is hereby appointed as a Member of the Finance and Audit Committee for a term to expire on April 4, 2022. It is expected that she will excuse herself when the Auditors want to meet with Committee Members only. On motion of Trustee Digan, the aforementioned appointment was not approved. Vote: NOES: 5; AYES: 3 (Mayor Veneziale, Trustees Digan and O’Brien) CONSENT CALENDAR FINANCE Mayor Veneziale made the following appointment for the ensuing official year and requested ratification/consent thereof: On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 58-2021 RESOLVED, that Thomas Donato be appointed as the Village Assessor, with regard to assessment services (for no salary). The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 59-2021 RESOLVED, that the firm of Bond, Schoeneck & King, PLLC, 1010 Franklin Avenue, Garden City, New York be and hereby is retained as a renewal, to provide legal services in connection with general labor matters for the ensuing official year at an annual retainer of $60,000 payable in monthly installments, such retainer to cover services rendered in connection with labor negotiations through fact finding and arbitration proceedings, preparation of collective bargaining agreements and contract administration excepting litigation and administrative proceedings as indicated in the March 26, 2021 retainer agreement and the firm to serve at the pleasure of the Mayor and Board of Trustees. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 60-2021 RESOLVED, that the firm of Bond, Schoeneck & King, PLLC, 1010 Franklin Avenue, Garden City, New York be and hereby is retained as a renewal, to provide legal services in connection with all other general labor matters as indicated in the March 26, 2021 retainer agreement for the ensuing official year at the rates on file in the Village Clerk’s Office and the firm to serve at the pleasure of the Mayor and Board of Trustees. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered:  RESOLUTION NO. 61-2021 RESOLVED, that the firm of Bee Ready Fishbein Hatter & Donovan, LLP, 170 Old Country Road, Mineola, New York be and hereby is retained as a renewal, to provide legal services in connection with general counsel for the ensuing official year at an annual retainer of $225,000 payable in monthly installments, such retainer to cover all services rendered by such firm except such other matters as the Board may determine to warrant special compensation, as indicated in the March 19, 2021 retainer agreement and the firm to serve at the pleasure of the Mayor and Board of Trustees. Rates are in file with the Village Clerk. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. RESOLUTION NO. 62-2021 RESOLVED, that the firm of Bee Ready Fishbein Hatter & Donovan, LLP, 170 Old Country Road, Mineola, New York be and hereby is retained as a renewal, to provide legal services in connection with BZA, Planning Commission, Zoning Change Review Committee and Building Department Applications, FOIL review, Non-Insurance Litigation, Tax Certiorari Defense and Library Work for the ensuing official year as indicated in the March 19, 2021 retainer agreement and the firm to serve at the pleasure of the Mayor and Board of Trustees. Rates are in file with the Village Clerk. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 63-2021 RESOLVED, that the firm of Cullen and Dykman be and is hereby retained as a renewal, to provide legal services in connection with existing tax litigation services for which they are currently serving as well as transition legal services and legal services on the ACORN case, as outlined in their March 18, 2021 letter to the Village, based upon the schedule of rates on file with the Village Clerk, the firm to serve at the pleasure of the Mayor and Board of Trustees. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 64-2021 RESOLVED, that the firm of Sive, Paget & Risel, P.C. 560 Lexington Avenue, New York, New York, be and hereby is retained as a renewal, to provide services in connection with environmental legal matters, as indicated in the April 28, 2021 retainer agreement based upon the schedule of rates on file with the Village Clerk, and the firm to serve at the pleasure of the Mayor and Board of Trustees.  The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 65-2021 RESOLVED, that the firm of PKF O’Connor Davies, LLP, 500 Mamaroneck Avenue, Harrison, New York, as a renewal, in regard to independent audit services including the annual audit of the Village’s financial statements for the ensuing official year, as indicated in the May 11, 2021 letter based upon the schedule of rates on file with the Village Clerk, and the firm to serve at the pleasure of the Mayor and Board of Trustees. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. 1. Transfer of Funds. Requested authorization to transfer funds as follows: (a) $3,500 to Account 0A.8189.4020 Recycling - Maintenance of Equipment, from Account 0A.8160.4020 Sanitation - Maintenance of Equipment, for maintenance on two recycling trucks. On motion of Trustee Delany and unanimously carried, the aforesaid recommendation was approved and the Treasurer was authorized to make the necessary transfer of funds. (b) $4,000 to Account 0A.1640.4060 Central Garage - Electricity, from Account 0A.1990.4000 Contingent, to cover invoices for the rest of the fiscal year. On motion of Trustee Delany and unanimously carried, the aforesaid recommendation was approved and the Treasurer was authorized to make the necessary transfer of funds. (c) $8,100 to Account 0A.1430.4070 Personnel - Printing and Postage, from Account 0A.1990.4000 Contingent, for the continuation of the recruitment for the Superintendent of Public Works position. On motion of Trustee Delany and unanimously carried, the aforesaid recommendation was approved and the Treasurer was authorized to make the necessary transfer of funds. 2. Adoption of the Purchasing/Procurement, Fund Balance, Fixed Asset and Investment Policies. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 66-2021 WHEREAS, the Purchasing/Procurement Policy which was adopted December 17, 2009, was reviewed and no amendment requested; BE IT RESOLVED that the Purchasing/Procurement Policy which was adopted on December 17, 2009, is hereby confirmed for the official year expiring on April 4, 2022. The vote on the foregoing resolution was as follows:  AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 67-2021 WHEREAS, the Fund Balance Policy which was adopted on April 2, 2012, was reviewed and no amendment requested; BE IT RESOLVED that the Fund Balance Policy which was adopted on April 2, 2012, is hereby confirmed for the official year expiring on April 4, 2022. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 68-2021 WHEREAS, the Fixed Asset Policy which was adopted on November 3, 1993, was reviewed and no amendment requested; BE IT RESOLVED that the Fixed Asset Policy which was adopted on November 3, 1993, is hereby confirmed for the official year expiring on April 4, 2022. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 69-2021 WHEREAS, the Investment Policy which was adopted on April 2, 2007, was reviewed and no amendment requested; BE IT RESOLVED that the Investment Policy which was adopted on April 2, 2007, is hereby confirmed for the official year expiring on April 4, 2022. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 70-2021 RESOLVED, (1) That JPMorgan Chase Bank, TD Bank, Capital One Bank and People’s United Bank be and the same hereby are designated as depositories for the Village funds.  (2) That the withdrawal of funds from said depository shall be by checks signed with the facsimile signature of the Treasurer, or in his/her absence or inability to act, such funds shall be withdrawn by checks signed by the Deputy Treasurer, and in his/her absence or inability to act, by one Trustee and either the Mayor or Deputy Mayor. (3) That all orders designating the fund out of which payment of Village monies shall be made, shall be signed by the Auditor; and (4) That all payroll warrants shall be countersigned by the Mayor or Deputy Mayor. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. SICK LEAVE POLICE 1. Sick Leave - Wehr. Board authorization is requested to pay Police Sergeant Keith Wehr through June 17, 2021, or such earlier date as he may be able to return to work as determined by the Village medical advisor and pursuant to the provisions of the contract between the Incorporated Village of Garden City and the Police Benevolent Association, which became effective June 1, 2014. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. RECREATION 2. Sick Leave - Two Employees. Board authorization is requested to pay David Broas, Senior Motor Equipment Operator, Parks Department and Andrew Trombino, Laborer, Parks Department through June 17, 2021, or such earlier date as they may be able to return to duty as determined by the Village medical advisor and pursuant to the provisions of the contract between the Incorporated Village of Garden City and the Civil Service Employees' Association, which became effective June 1, 2014. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 3. Sick Leave - Thilbourg. Board authorization is requested to pay David Thilbourg, Senior Maintainer, Parks Department through May 25, 2021, or such earlier date as he may be able to return to duty as determined by the Village medical advisor and pursuant to the provisions of the contract between the Incorporated Village of Garden City and the Civil Service Employees' Association, which became effective June 1, 2014. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. PUBLIC WORKS 4. Sick Leave - Two Employees. Board authorization is requested to pay Anthony Calise, Motor Equipment Operator, Street Department and James Labas, Motor Equipment Operator, Sanitation Department through June 17, 2021, or such earlier date as they may be able to return to duty as determined by the Village medical advisor and pursuant to the provisions of the contract between the Incorporated Village of Garden City and the Civil Service Employees' Association, which became effective June 1, 2014. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. HUMAN RESOURCES 1. Contractual Salary and Wage Adjustments - CSEA Rank and File Unit. Board authorization is requested for the approval of Contractual Salary and Wage Adjustments for the Civil Service Employees’ Association Rank and File of certain Village of Garden City employees, to be effective June 1, 2021. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 71-2021 RESOLVED, that the salaries and wages listed in the accompanying schedule of certain Village of Garden City employees, effective June 1, 2021, are hereby fixed consistent with the terms and provisions of the current Agreement between the Village and the Civil Service Employees’ Association, Non-Supervisory Unit. (See schedule appended to minutes) The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 2. Contractual Salary and Wage Adjustments - CSEA Supervisory Unit. Board authorization is requested for the approval of Contractual Salary and Wage Adjustments for the Civil Service Employees’ Association Supervisory Unit of certain Village of Garden City employees, to be effective June 1, 2021. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 72-2021 RESOLVED, that the salaries and wages listed in the accompanying schedule of certain Village of Garden City employees, effective June 1, 2021, are hereby fixed consistent with the terms and provisions of the current Agreement between the Village and the Civil Service Employees’ Association Supervisory Unit. (See schedule appended to minutes) The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 3. Contractual Salary and Wage Adjustments - PBA. Board authorization is requested for the approval of Contractual Salary and Wage Adjustments for the Police Benevolent Association of certain Village of Garden City employees, to be effective June 1, 2021. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 73-2021 RESOLVED, that the salaries and wages listed in the accompanying schedule of certain Village of Garden City employees, effective June 1, 2021, are hereby fixed consistent with the terms and provisions of the current Agreement between the Village and the Police Benevolent Association.  (See schedule appended to minutes) The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. VILLAGE ADMINISTRATOR 1. Engagement of Professional Services - Total Technology Solutions. Board authorization is requested to re-engage Total Technology Solutions, 1895 Walt Whitman Road, Melville, New York to provide the Village with 24x7 Network Monitoring and Alerting Support, network management tools to manage all network devices, infrastructure, alerts and troubleshooting. A Help Desk Ticketing System for employee issues, IT notes and creation of a knowledge base. Technical advisors for emerging technologies, virtualization of servers, budgeting, quarterly onsite technology review. Antivirus, malware, spyware protection and cybersecurity vulnerability and penetration testing. Remote application deployment for security patches and software changes, network management reports for better decisioning regarding changes to the network and reallocation of system resources to provide smoother recovery/iCloud Backup which includes monitoring, support and applicable software licensing with offsite data retained for one (1) year. These combined services are a monthly cost of $10,729 for an annualized cost of $128,748. In addition, the Village will purchase time blocks, as needed, in 20-hour increments @$185/hour for onsite remediation and for assistance with special projects that are outside the scope of the monthly services. This agreement is on file in the Village Clerk’s Office and has been reviewed by Counsel as to form. Funds are available in the 2021/22 Operating and Capital Accounts. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 2. Intermunicipal Renewal Agreement - Garden City School District - Fuel. Board authorization was requested for the Mayor or Village Administrator to execute a renewal of an Intermunicipal Agreement with the Garden City School District to provide fuel to the School District on an as-needed basis, based upon rates set by the Village. The terms of this agreement are July 1, 2021 through June 30, 2022. Village Counsel has approved this agreement as to form. On motion of Trustee Delany and unanimously carried, the Mayor was authorized to execute the Agreement. 3. Intermunicipal Renewal Agreement - Garden City School District - Sand and Salt. Board authorization was requested for the Mayor or Village Administrator to execute a renewal of an Intermunicipal Agreement with the Garden City School District to provide sand and salt to the School District on an as-needed basis, based upon rates set by the Village. The terms of this agreement are July 1, 2021 through June 30, 2022. Village Counsel has approved this agreement as to form. On motion of Trustee Delany and unanimously carried, the Mayor was authorized to execute the Agreement. PUBLIC WORKS 1. Approval of Rates - On-Call GIS Support Services - H2M Architects and Engineers. Board authorization is requested to approve the hourly rates submitted by H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, for on-call GIS Support Service. Rates are on file in the Village Clerk’s Office. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved.  2. Change Order - Curb, Sidewalk and Road Improvements Contract 2020-2021 Roadwork Ahead, Inc. Board authorization is requested to approve the estimate submitted by Roadwork Ahead, Inc., 180 Linden Avenue, Westbury, New York, in the amount of $25,200, which will be a $12,600 increase to the change order approved on March 11, 2021. Nassau County is requiring the Village to use Superior Performing Asphalt Pavement (Superpave) as the paving of Old Country Road was part of a Federally Funded Resurfacing Project. The different type of asphalt will decrease the original proposal from $48,288 to $35,688 and increase the final cost to approximately $60,888, based upon unit cost. Superpave is not included in the Curb, Sidewalk and Road Improvements Contract 2020-2021, which was awarded on August 13, 2020, for a total amount of $2,246,000 and is needed to restore road patches that were made in a Nassau County roadway for the installation of new water main valves on Old Country Road as part of the Water Tank Replacement Project. Funds are available in Account 0F.1071.0000. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 3. Adopt Amending Bond Resolution Well Nos. 8 and 12 - AOP Treatment. Board authorization is requested to amend the Bond Resolution adopted on August 15, 2019 and amended on December 10, 2020 in the amount of $8,800,000 relating to the Construction of Improvements to the Village Water System consisting of Wellhead Treatment Improvements for Emerging Contaminants at the Rockaway Avenue Plant Site (Wells 8 and 12) for an amount not to exceed $13,500,000 as provided by Bond Counsel. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 74-2021 RESOLUTION OF THE VILLAGE OF GARDEN CITY, NEW YORK, ADOPTED MAY 20, 2021, AMENDING THE BOND RESOLUTION ADOPTED ON AUGUST 15, 2019 AND HERETOFORE AMENDED ON DECEMBER 10, 2020 RELATING TO THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM, CONSISTING OF WELLHEAD TREATMENT IMPROVEMENTS FOR EMERGING CONTAMINANTS AT WELL NOS. 8 AND 12 Recitals WHEREAS, the Board of Trustees of the Village of Garden City, in the County of Nassau, New York, has heretofore duly authorized the construction of improvements to the Village water system, consisting of wellhead treatment improvements for emerging contaminants at the Rockaway Avenue plant site (Well Nos. 8 and 12), at the estimated maximum cost of $8,300,000 pursuant to the bond resolution adopted by the Board of Trustees on August 15, 2019; and WHEREAS, on December 10, 2020 the Board of Trustees determined that the estimated maximum cost of such project was $8,800,000, and it was necessary and in the public interest to increase the appropriation therefor by $500,000 and such amount was appropriated for such purpose pursuant to a bond resolution adopted by said Board of Trustees on December 10, 2020, which authorized the issuance of $8,800,000 bonds as an amendment to the prior bond resolution adopted on August 15, 2019; and WHEREAS, it has now been determined that the estimated maximum cost of the project shall be $13,500,000 and it is in the best interests of the Village to further amend said bond resolution to accurately reflect the revised estimated maximum cost of $13,500,000 and to authorize the issuance of bonds in the maximum amount of $13,500,000;  NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF GARDEN CITY, IN THE COUNTY OF NASSAU, NEW YORK (by the favorable vote of not less than two-thirds of all members of said Board of Trustees) AS FOLLOWS: Section (A) The bond resolution of the Village of Garden City duly adopted by the Board of Trustees on August 15, 2019 and heretofore amended on December 10, 2020, entitled: “Bond Resolution of the Village of Garden City, New York, adopted August 15, 2019 and amended December 10, 2020, authorizing the construction of improvements to the Village water system, consisting of wellhead treatment improvements for emerging contaminants at the Rockaway Avenue plant site (Well Nos. 8 and 12), stating the estimated maximum cost thereof is $8,800,000, appropriating said amount for such purpose, authorizing the issuance of bonds in the principal amount of not to exceed $8,800,000 to finance said appropriation, and authorizing the expenditure of any grant funds received or to be received for said purpose,” is hereby amended to read as follows: BOND RESOLUTION OF THE VILLAGE OF GARDEN CITY, NEW YORK, ADOPTED AUGUST 15, 2019, AMENDED DECEMBER 10, 2020 AND FURTHER AMENDED MAY 20, 2021, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM, CONSISTING OF WELLHEAD TREATMENT IMPROVEMENTS FOR EMERGING CONTAMINANTS AT THE ROCKAWAY AVENUE PLANT SITE (WELL NOS. 8 AND 12), STATING THE ESTIMATED MAXIMUM COST THEREOF IS $13,500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $13,500,000 TO FINANCE SAID APPROPRIATION, AND AUTHORIZING THE EXPENDITURE OF ANY GRANT FUNDS RECEIVED OR TO BE RECEIVED FOR SAID PURPOSE THE BOARD OF TRUSTEES OF THE VILLAGE OF GARDEN CITY, IN THE COUNTY OF NASSAU, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Board of Trustees) AS FOLLOWS: Section 1. The Village of Garden City, in the County of Nassau, New York (herein called the “Village”), is hereby authorized to construct improvements to the Village water system, consisting of wellhead treatment improvements for emerging contaminants at the Rockaway Avenue plant site (Well Nos. 8 and 12), as described in the report prepared for the Village by H2M Architects + Engineers dated June 2019, as updated and amended on November 17, 2020 and May 10, 2021. The estimated maximum cost thereof, including preliminary costs and related costs for legal, landscaping and security work, and other costs incidental thereto and the financing thereof, is $13,500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $13,500,000 bonds of the Village to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Village to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Any grant funds received by the Village and any other funds available for such purpose are authorized to be applied toward the cost of said project or redemption of the Village’s bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes.  Section 2. Bonds of the Village in the principal amount of $13,500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 1 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing agreements for credit enhancement, are hereby delegated to the Village Treasurer, the chief fiscal officer of the Village. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (d) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Village Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the “Garden City News” which is hereby designated the official newspaper of the Village for such publication, and posted in at least six (6) public places and in each polling place in the Village, a Notice in substantially the following form: VILLAGE OF GARDEN CITY, NEW YORK PLEASE TAKE NOTICE that on May 20, 2021, the Board of Trustees of the Village of Garden City, in the County of Nassau, New York, adopted a resolution further amending the bond resolution adopted by said Board of Trustees on August 15, 2019 and heretofore amended on December 10, 2020, which bond resolution, as further amended, is entitled: “Bond Resolution of the Village of Garden City, New York, adopted August 15, 2019, amended December 10, 2020 and further amended May 20, 2021, authorizing the construction of improvements to the Village water system, consisting of wellhead treatment improvements for emerging contaminants at the Rockaway Avenue plant site (Well Nos. 8 and 12), stating the estimated maximum cost thereof is $13,500,000, appropriating said amount for such purpose, authorizing the issuance of bonds in the principal amount of not to exceed $13,500,000 to finance said appropriation, and authorizing the expenditure of any grant funds received or to be received for said purpose” an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Village to construct improvements to the Village water system, consisting of wellhead treatment improvements for emerging contaminants at the Rockaway Avenue plant site (Well Nos. 8 and 12), as described in the report prepared for the Village by H2M Architects + Engineers dated June 2019, as updated and amended on November 17, 2020 and May 10, 2021; STATING the estimated maximum cost thereof, including preliminary costs and related costs for legal, landscaping and security work, and other costs incidental thereto and the financing thereof, is $13,500,000; APPROPRIATING said amount for such purpose; STATING the plan of financing includes the issuance of $13,500,000 bonds of the Village to finance said appropriation, and the levy of a tax upon all the taxable real property within the Village to pay the principal of said bonds and interest thereon; and STATING that any grant funds received by the Village and any other funds available for such purpose are authorized to be applied toward the cost of said project or redemption of the Village’s bonds or notes issued therefor, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes; SECOND: AUTHORIZING the issuance of $13,500,000 bonds of the Village pursuant to the Local Finance Law of the State of New York (the “Law”) to finance said appropriation; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Village for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Village; and PLEDGING to their payment the faith and credit of the Village; FIFTH: DELEGATING to the Village Treasurer the powers and duties as to the issuance of said bonds, and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and  SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: May 20, 2021 Karen M. Altman Village Clerk Section 8. The Village Clerk is hereby directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary or in full, in the newspapers referred to in Section 7 hereof, and hereby designated the official newspapers for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Law. Section (B) The amendment of the bond resolution as set forth in Section (A) of this resolution shall in no way affect the validity of any liabilities incurred, obligations issued, or action taken pursuant to said bond resolution prior to amendment, and all such liabilities incurred, obligations issued, or actions taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum as therein provided. In the event that a valid petition protesting against said bond resolution and requesting that it be submitted to the electors of said Village for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted December 10, 2020 shall not be in any way affected and shall remain in full force and effect. The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 4. Well Nos. 8 and 12 - Emergency Declaration - Advanced Oxidation Process (AOP) Treatment - Award Bid - Philip Ross Industries, Inc. Board authorization is requested, as per H2M Architects and Engineers, to award the bid for the Interim AOP Emerging Contaminant Removal at Well Nos. 8 and 12, in the amount of $5,262,189, to Philip Ross Industries, Inc., 88 Duryea Road, Melville, New York. Resolution No. 169- 2020, adopted December 10, 2020, exempting from competitive bidding requirements all contracts for “permanent” AOP Treatment Systems, in addition to the existing “interim” systems and broadening the categories of such exempt contracts. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 5. Well Nos. 8 and 12 - Ratify - Engineering Services - Advanced Oxidation Process (AOP) Treatment - H2M Architects and Engineers. Board authorization is requested for ratification of a proposal for engineering services from H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, for AOP Treatment for Well Nos. 8 and 12, in the amount of $469,500. This proposal was presented as information to the Board of Trustees pursuant to the authority granted by Resolution No. 64-2020 on July 16, 2020. Funds are available in Account 0F.1082.0000. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was ratified. 6. Well Nos. 8 and 12 - Engineering Services - Advanced Oxidation Process (AOP) Treatment - H2M Architects and Engineers. Board authorization is requested to approve a proposal for additional engineering services from H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, for AOP Treatment for Well Nos. 8 and 12, in the amount of $423,200. This increases the original proposal from $469,500 to $892,700. Funds are available in Account 0F.1082.0000.  On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 7. Engagement of Professional Services - Risk and Resilience Assessment (RRA) and review Emergency Response Plan (ERP) - H2M Architects and Engineers. Board authorization is requested to approve the proposal submitted by H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, to assist the Village with completing a Risk and Resilience Assessment (RRA) and reviewing the Emergency Response Plan (ERP), for a fee of $2,600 plus any additional costs to update the ERP based on the RRA. On October 23, 2018, America’s Water Infrastructure Act (AWIA), signed into law which requires all community drinking water systems serving over 3,300 people to develop and/or update the RRA by June 30, 2021 and ERP no later than December 31, 2021. Funds are available in Account 0F.8310.4460. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 8. Professional Services Contract - Supervisory Control and Data Acquisition System (SCADA) and Well Controls - Eagle Control Corp. Board authorization is requested to engage Eagle Control Corp., 23 Old Dock Road, Yaphank, New York, Computer Well Contractor for additional water well service calls for the Supervisory Control and Data Acquisition System (SCADA) and well controls for the period July 1, 2021 through June 30, 2022, plus cost of parts. Rates remain the same as last year. Funds are available in Account 0F.8320.4020. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 9. Renewal of Rates - Water Quality Testing - Pace Analytical Services, Inc. Board authorization is requested to approve the rates for Laboratory Analytical Services with Pace Analytical Services, Inc., 575 Broad Hollow Road, Melville, New York, for the period July 2021 - June 2022 according to the attached pricing schedule for Village drinking and ground water testing as required by the Nassau County and New York State Health Departments. The Village is also required to sample for the Lead/Copper Program. Funds are available in Account 0F.8330.4460. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 10. Village Street Network Inventory, Condition Assessment and Pavement Management Program - Transfer of Funds. Board authorization is requested for a transfer of funds as follows: $39,828 to Account 0A.1440.4460 Engineer - Contractual Services, from Account 0A.1990.4000 Contingent, to cover the Village Street Network Inventory, Condition Assessment and Pavement Management Program. On motion of Trustee Delany and unanimously carried, the aforesaid recommendation was approved and the Treasurer was authorized to make the necessary transfer of funds. 11. Village Street Network Inventory, Condition Assessment and Pavement Management Program - Engage LiRo GIS, Inc. Board authorization is requested to engage LiRo GIS, Inc., 235 East Jericho Turnpike, Mineola, New York to provide an Inventory and Condition Assessment of the Village’s street and parking field networks and make recommendations for a Pavement Management Program, for a total cost of $39,828. Funds are available in Account 0A.1440.4460. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 12. Water Rate Increase. Board authorization is requested for the adoption of water rate increase effective June 1, 2021, which increases the prior rate established on June 1, 2020. The rate of increase approved for the 2021-2022 Budget as adopted on April 29, 2021 is 10%. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. 13. Well Nos. 8 and 12 - Garden City Golf Club - Advanced Oxidation Process (AOP) - Invoices. Board authorization is requested to pay invoices submitted by the Garden City Golf Club, 206 Stewart Avenue, Garden City, New York, for all work associated with the AOP Treatment Facilities at Well Nos. 8 and 12, in the amount of $91,875.34. Funds are available in Account 0F.1082.0000. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. AWARD OF BIDS 1. Vehicle Lift Replacement Mechanics Garage Bay 3. It was reported that a tabulation of bids had been circulated to each Member of the Board for the Vehicle Lift Replacement Mechanics Garage Bay 3 and recommended that the bid be awarded to L-C Construction Consulting Corp., 5513 69th Street, Maspeth, New York, only bidder, for a total cost of $340,835. Specification pickups reached a total of three companies and one bid was received. A Notice to Bidders was sent to Dodge Data and Analytics and CMD Group and Bid Specifications were advertised on New York State Contract Reporter. Funds are available in Account 0A.1640.2085. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 75-2021 RESOLVED, that the proposal of L-C Construction Consulting Corp., 5513 69th Street, Maspeth, New York, be and the same hereby is accepted, this being the lowest and best bid received. FURTHER RESOLVED, that the Village Administrator and Clerk be and they hereby are authorized on behalf of the Village to execute a contract with L-C Construction Consulting Corp., for this work, pursuant to the terms and conditions set forth in the request for bids and in the proposal submitted by said Company, the form of contract to be approved by Village Counsel; and FURTHER RESOLVED, that all other bids be rejected. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. Requisition No. 20-5, Dated May 20, 2021, Purchase of Materials for the Police Department. 1. Police Uniforms. (a) Recommend to reject the low bid submitted by Emergency Responder Products as they did not comply with the bid specifications. On motion of Trustee Delany and unanimously carried, the aforesaid authorization was approved. (b) Award bid for assorted Police Uniforms, for the Police Department, as specified, or Village approved equal, from J & A Uniform Supplies, Inc., 562 Westbury Avenue, Carle Place, New York, second low bidder, on an “as needed basis”, based upon unit costs on file with the Village Clerk, at an estimated cost of $40,000. This amount could be more or less depending upon what items are needed throughout the year. A total of three invitations to bid were sent and two bids were received. A Notice to Bidders was sent to Bid Reporter and advertised on New York State Contract Reporter. Funds are available in Account 0A.3120.4280. On motion of Trustee Delany the following resolution was offered: RESOLUTION NO. 76-2021 RESOLVED, that Requisition No. 20-5, dated May 20, 2021, filed under separate cover, be made a part of these minutes and that materials and equipment be purchased for the Police Department in accordance with the recommendations hereinabove set forth, as per specifications and requirements in said requisition, at prices not exceeding those indicated. FURTHER RESOLVED, that all other bids be rejected. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. BOARD OF TRUSTEES Pursuant to the authority granted by Resolution No. 64-2020, the Mayor has authorized the following Agreements/Contracts to be executed without further Resolution of the Board: • Long Island Fire Technology for Commercial Building Inspection Services for the Fire Department for the period June 1, 2021 through May 31, 2022 for $50,000. (Fire Department) • Alpine Software for software system support from June 1, 2021 through May 31, 2022 for $15,324.88. (Fire Department) • Tri-State Transportation for drug testing services in compliance with the Village/CSEA Collective Bargaining Agreement for $18,000. (Public Works) • Carisa Giardino, Public Relations Consultant for $3,500 per month. This is to assist the Public Information Committee, Village Executive Staff and Village Departments with Press Releases, Website and other Information Dissemination. • Certified Electrical Inspections, Inc., 188 Park Avenue, Amityville, New York, to provide electrical inspection services for the Village at no cost to the Village. (Building Department) • Steve Dassa Entertainment, 220 Tuscany D, Delray Beach, Florida to coordinate the Summer Concert Series on the Village Green. Under the terms of the Agreement, the Consultant will make the necessary arrangements for musical entertainment and in exchange, will receive 10% of the compensation paid to each musical act or performer engaged by the Village approximate cost of $17,000. • Professional Service Proposal - Bond Counsel - Per their renewal agreement, engagement of Hawkins, Delafield & Wood, LLP, 7 World Trade Center, 250 Greenwich Street, New York, New York, to prepare bond resolutions and legal opinions for financing of capital projects. The fee structure stated in Exhibit A of their proposal has not changed in the last two years. • Professional Service Proposal - Fiscal Advisor - Per their renewal agreement, engagement of Capital Market Advisors, 11 Grace Avenue, Great Neck, New York, to provide financial advisory services related to Debt Issuance and Continuing Disclosures. Rates have increased from the prior year.  • Professional Service Proposal - Assessor - Per the renewal agreement, engagement of Thomas Donato, of Michael Haberman Associates, Inc., 3000 Hempstead Turnpike, Levittown, New York to perform assessment services for the Village. Rates have increased from the prior year. • Professional Service Proposal - Claims and Payroll Audit - Per the renewal agreement, engagement of Cerini & Associates, LLP, 3340 Veterans Memorial Highway, Bohemia, New York, to provide professional Claims and Payroll Audit Services to the Village pursuant to a fee schedule on file with the Village Clerk. Rates have not increased from the prior year. • Professional Service Proposal - Legal Services - Per the renewal agreement, engagement of Meyer, Suozzi, English & Klein, P.C., 990 Stewart Avenue, Garden City, New York to provide legal services in regard to Zoning and Housing Issues. Rates have not increased from the prior year. Mayor Veneziale recognized the following: John Cantwell, 215 Kilburn Road Donald MacLeod, 10 Westbury Road Steve Ilardi, 139 Meadow Street On motion of Trustee Delany and unanimously approved, the Board recessed to executive session at 8:45 p.m. for advice of Counsel. The Board reconvened at 10:04 p.m. There being no further business, on motion duly made, the meeting adjourned at 10:05 p.m.