Board of Trustees
Regular MeetingGarden City, NY · October 21, 2021
Minutes
BOARD OF TRUSTEES
OCTOBER 21, 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 and audience present) at the Village Hall, 351 Stewart Avenue in said
Village on October 21, 2021, at 6:30 p.m.
Present: Mayor Cosmo Veneziale, Trustees John M. Delany, Terence P.
Digan, 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
Giuseppe Giovanniello, Superintendent of Building Department
Paul Blake, Chairman, Board of Commissioners of Cultural and
Recreational Affairs
Devyn Moody, Chief, Fire Department
Peter Bee, Bee Ready Fishbein Hatter & Donovan, LLP
Absent: Trustee Bruce J. Chester
Attendance: Approximately 20 in person and 23 via Zoom
The Clerk reported that due notice of this meeting had been served on each member
of the Board.
Mayor Veneziale called the meeting to order and made a motion which was
unanimously approved, that the Board recess to executive session for advice of counsel
and a matter of litigation. The Board reconvened at 7:30 p.m.
Mayor Veneziale called upon Irene Woo who presented the Treasurer’s Report
which included the Summary of Fiscal Year 2020-21 and the First Quarter for Fiscal Year
2021-22. Said report was ordered received and placed on file.
Mayor Veneziale called upon Ralph Suozzi along with the Department Heads who
spoke about their agenda items.
Mayor Veneziale stated that the first item on the agenda was approval of the
minutes of the last meeting of the Board of Trustees.
The minutes of the regular meeting held on October 7, 2021, were reviewed, and
on motion of Trustee Flanagan were approved as presented. (Trustee Minuto abstained)
NEW BUSINESS
FORMAL AGENDA
1. Set Date for Public Hearing - A Local Law Adding Chapter 78, to the Village
Code Entitled “Cannabis Prohibition”. After discussion, Trustee Delany introduced the
following resolution and moved its adoption:
RESOLUTION NO. 96-2021
RESOLVED, that the Board of Trustees hold a public hearing on a proposal to
enact a Local Law entitled, A Local Law Adding Chapter 78, to the Village Code Entitled
“Cannabis Prohibition”.
FURTHER RESOLVED, that the Clerk be and she hereby is authorized and
directed to publish and post a notice of a public hearing with regard to the adoption of such
local law to be held in person and via Zoom video/audio at 351 Stewart Avenue, Garden
City, New York on the 4th day of November 2021.
The adoption of the foregoing resolution was duly put to a vote which resulted as
follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
NEW BUSINESS
CONSENT CALENDAR
TEMPORARILY SUSPEND THE RULES AND PROCEDURES
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 97-2021
RESOLVED, to temporarily suspend the Rules and Procedures of the Board of
Trustees, to add various agenda items to the Consent Calendar with regard to the Public
Works Department. The items (1-7) below under Public Works have been added to the
Consent Calendar for consideration.
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
PUBLIC WORKS
1. Engage Consultant - Review PKAD Invoice - Edgemere Fire Station 2 Project -
Transfer of Funds. Board authorization was requested to transfer funds as follows: $12,000
to Account 0A.1620.4460 Building - Contractual Services from Account 0A.1990.4000
Contingent, in order to engage an expert consultant to review the final payment requested
by Phillip Kampf Architecture and Design (PKAD), for their services related to the
proposed Edgemere Fire Station 2 Project.
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. Engage Consultant - Review PKAD Invoice - Greyhawk. Board authorization
was requested to engage Greyhawk, 2000 Midatlantic Drive, Mount Laurel, New Jersey,
to provide expert consulting services related to the final payment request made by Phillip
Kampf Architecture and Design (PKAD) for services related to the Edgemere Fire Station
2 Project at the 2021 hourly rate schedule on file with the Village Clerk at an amount not
to exceed $12,000.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
3. Edgemere Firehouse Fire Station 2 - Emergency Repairs - Declare an
Emergency - Authorize Contract. Board authorization is requested to declare an
emergency so as to exempt from competitive bidding the Emergency Repairs of Edgemere
Firehouse (Firehouse Station 2) that relate to the health/safety of the firefighters assigned
there as current conditions will, in the immediate future, otherwise threaten the health and
safety of the firefighters assigned there and to also authorize a contract for such repairs
with an estimated cost of $1,250,000 pursuant to a proposal on file with the Village Clerk
with Cameron Engineering, 177 Crossways Park Drive, Woodbury, New York and also
authorize and direct the Mayor and/or Village Administrator to proceed with the
appropriate steps to competitively bid additional non-emergency repairs at said Firehouse.
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 98-2021
WHEREAS, the Village of Garden City has heretofore been advised of certain
repairs that are necessary to immediately be made at Edgemere Firehouse (Fire Station 2);
and
WHEREAS, such repairs include both “emergency” items necessary to be done
forthwith in order to preserve the health and safety of the firefighters who utilize such
Firehouse, as well as other repairs and reconstruction which, while necessary, are not of
“immediate” health/safety concern; and
WHEREAS, the emergency repairs have been segregated and identified; and
WHEREAS, this Board believes that the processes of competitive bidding would
unduly delay those repairs which have been identified as requiring immediate attention;
and
WHEREAS, this Board has received a Proposal from Cameron Engineering (the
“Proposal”) identifying such emergency work, and offering to perform such emergency
repairs (a copy of which Proposal is on file with the Village Clerk);
NOW THEREFORE IT IS RESOLVED that an emergency is hereby declared
pursuant to Village Procurement Policy and General Municipal Law section 103(4) such
that the matters described hereinabove be arranged for immediately inasmuch as a delay in
order to seek alternate proposals and/or competitive bidding for the services and/or
purchases recommended by the Village’s Consultant (Cameron Engineering) may threaten
the life, health, safety or welfare of the Village’s Firefighters and residents; and
IT IS FURTHER RESOLVED that, accordingly, the requirements for public
bidding and/or alternative proposals with respect to said matters are waived, and the Mayor
and/or Village Administrator is authorized to forthwith proceed with such matters without
the necessity for public bidding and/or alternative proposals when recommended by the
Village’s Consultant (Cameron Engineering); and
IT IS FURTHER RESOLVED that this Board declares the emergency work to be
Type II under the State’s Environmental Quality Review Act (“SEQRA”); and
IT IS FURTHER RESOLVED that this Board authorizes acceptance of the
Proposal of Cameron Engineering for the performance of emergency work necessitated for
the health and safety of firefighters at Edgemere Firehouse (Fire Station 2), and
IT IS FURTHER RESOLVED that the Mayor and/or Village Administrator is
hereby authorized to proceed with the necessary steps to competitively bid the remainder
of the repair/reconstruction work (i.e., that part that is not identified in the Proposal as
“emergency” work which must be immediately performed).
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
4. Adopt a Bond Resolution for the Construction of Improvements to Fire Station
2 (Phase 1A). Board authorization is requested to adopt a Bond Resolution for the
Construction of Improvements to Fire Station 2 (Phae 1A) in the amount of $1,500,000, as
provided by Bond Counsel.
Trustee Delany offered the following resolution and moved its adoption:
RESOLUTION NO. 99-2021:
BOND RESOLUTION OF THE VILLAGE OF GARDEN
CITY, NEW YORK, ADOPTED OCTOBER 21, 2021,
AUTHORIZING THE CONSTRUCTION OF
IMPROVEMENTS TO FIRE STATION 2 (PHASE 1A),
STATING THE ESTIMATED MAXIMUM COST THEREOF
IS $1,500,000, APPROPRIATING SAID AMOUNT FOR
SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE
OF BONDS IN THE PRINCIPAL AMOUNT OF NOT TO
EXCEED $1,500,000 TO FINANCE SAID APPROPRIATION
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 Fire Station 2
(Phase 1A), to maintain safe building operations. The estimated maximum cost thereof,
including preliminary costs and costs incidental thereto and the financing thereof, is
$1,500,000 and said amount is hereby appropriated for such purpose. The plan of financing
includes the issuance of $1,500,000 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.
Section 2. Bonds of the Village in the principal amount of $1,500,000 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 object or purpose
for which said bonds are authorized to be issued, within the limitations
of Section 11.00 a. 12(a)(2) of the Law, is fifteen (15) years; however,
it is hereby determined and declared that any bonds issued pursuant to
this resolution, and any notes issued in anticipation of said bonds, shall
mature no later than five (5) years after the date of original issuance of
said bonds or notes.
(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
not 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
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This bond resolution shall take effect immediately, and the Village Clerk
is hereby authorized and directed to publish the foregoing resolution, in summary, together
with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in
the “Garden City News,” a newspaper having general circulation in said Village, which
newspaper is hereby designated as the official newspaper of the Village for such
publication.
The adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows:
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
5. Edgemere Firehouse - Fire Sation 2 - Emergency Repairs - Engage Cameron
Engineering. Board authorization is requested to engage Cameron Engineering, 177
Crossways Park Drive, Woodbury, New York for architectural and engineering services
for the Edgemere Firehouse (Fire Station 2) Emergency Repairs in the amount of $110,500
for Phase 1.A, plus additional reimbursable expenses not to exceed $5,500. The scope
summary for Phase 1.A abatement, remediation and repairs as necessary to promote
building safety and maintained operations include:
• Secure hose tower structure and existing stairs in-place with temporary
systems that may include but are not limited to bracing, exterior netting,
tarping, scaffolding, or other,
• Utilize tarps, caulking, or other temporary means to attenuate water
infiltration visible throughout the building and hose tower. Repair façade
where major deterioration requires immediate attention,
• Replace building electrical service and main distribution panel (MDP);
local distribution to remain in-place until future phase,
• Repair damaged windows to prevent water infiltration,
• Conduct further testing for asbestos-containing materials (ACM) and abate
ACM throughout building interior and exterior,
• Mold remediation.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
6. Edgemere Firehouse - Fire Station 2 - Emergency Repairs - Firms Selected by
Cameron Engineering. Board authorization is requested to engage professional services
firms selected by Cameron Engineering and approved by the Village after the submission
and review of at least three companies for each component of the emergency repairs
covered in Phase 1.A which are listed above.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
7. Mulch Removal - Public Works Municipal Yard - Declare Emergency - Engage
Vigliotti Landscape Service Center. Board authorization is requested to declare an
emergency so as to avoid competitive bidding for the emergency removal of mulch at the
Public Works Municipal Yard Mulch Field as its presence will, in the immediate future,
hinder the storage of leaves during the fall pickup and authorize a Contract for same with
Vigliotti Landscape Service Center, 100 Urban Avenue, Westbury, New York (without
competitive bidding) at an estimated cost not to exceed $350,000, pursuant to a fee
schedule on file with the Village Clerk. Funds are available in Account 0A.5110.4460.
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 100-2021
WHEREAS, the Village of Garden City recommended that the immediate removal
of mulch at the Public Works Municipal Yard Mulch Field, and
IT IS RESOLVED that an emergency is hereby declared pursuant to Village
Procurement Policy and General Municipal Law section 103(4) such that the mulch from
the Public Works Municipal Yard Mulch Field be allowed; and
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
8. Repair of Fire Department Training Staircase and Public Works Yard Exterior
Staircase/Rails - Transfer of Funds. Board authorization is requested to transfer funds as
follows: $24,000 to Account 0H.3410.2070 Fire - Training Site from Account
0H.3410.2084 Fire - Junior Firemen Changing Room Project, in order to engage a company
to repair the Fire Department Training Staircase and Public Works Yard Exterior
Staircase/Rails.
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.
9. Repair of Fire Department Training Staircase and Public Works Yard Exterior
Staircase and Rails - Engage Sek Designs, LLC. Board authorization is requested to
engage Sek Designs, LLC, 378 Old Country Road, Melville, New York for the fabrication
and installation of interior and exterior stairs at the Fire Department Training Site at the
Public Works Yard at a cost of $23,605 pursuant to a fee schedule on file with the Village
Clerk. Funds are available in Account 0H.3410.2070.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
SICK LEAVE
POLICE
1. Sick Leave - Three Employees. Board authorization is requested to pay Police
Sergeant Keith Wehr, Police Communications Operator Kerri Hiotidis and Police Officer
Jana Wiggins through November 18, 2021, or such earlier date as they 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, Recreation and Parks Department and Derek
Bryant, Maintenance Helper, Recreation and Parks Department through November 18,
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.
PUBLIC WORKS
3. Sick Leave - Four Employees. Board authorization is requested to pay James
Labas, Motor Equipment Operator, Sanitation Department, Paul Marinello, Sanitation
Worker, Sanitation Department, Brian Kast, Maintainer, Sanitation Department and
Anthony Calise, Motor Equipment Operator, Street Department through November 18,
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.
POLICE
1. Leadership Summit. Board authorization is requested to approve the attendance
of Commissioner Kenneth Jackson and Inspector Steve Braun at the Leadership Summit
hosted by the New York State Association of Chiefs of Police and the New York State
Sheriffs Association, scheduled for November 3-4, 2021, in Lake George, New York at an
approximate cost of $1,500. Funds are available in Account 0A.3120.4120.
On motion of Trustee Delany and unanimously carried, Commissioner Kenneth
Jackson and Inspector Steve Braun, were authorized to attend the aforesaid conference and
to be reimbursed for such expenses as they may incur in connection therewith
RECREATION
1. Change Order - Hydroseeder - Turbo Technologies, Inc. Board authorization is
requested to approve a Change Order submitted by Turbo Technologies, Inc., 1500 First
Avenue, Beaver Falls, Pennsylvania for the purchase of a Hydroseeder. This piece of
equipment was budgeted at $6,000 and was purchased for $5,895. However, there was an
additional $987.15 in freight charges which caused the total cost of this item to exceed the
budgeted amount by $882.15. There are funds available in the Capital Equipment line due
to savings from another purchase. Funds are available in Account 0H.7140.2000.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
PUBLIC WORKS
1. Wellhead Treatment - Well No. 7 - Apply and Obtain Grant. New York State
enacted standards for certain emerging contaminants in the water supply of the State,
including the water supply of Garden City. In order to meet those standards, Garden City
will need to do treatment at Well No. 7. Board authorization is requested to apply for and
obtain a grant for the project “Wellhead Treatment at Well No. 7 for AOP Removal” under
the Federal Clean Water Infrastructure Act for the purpose of dealing with emerging
contaminants at Well No. 7. This is subject to Village Counsel’s review of the grant
application.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
2. Wellhead Treatment - Well No. 7 - Engage H2M Architects and Engineers -
Submit Grant. Board authorization is requested to engage H2M Architects and Engineers,
538 Broad Hollow Road, Melville, New York, to complete and submit the WIIA Grant
Application for Well No. 7 by the November 22, 2021, deadline, for a total cost of $3,000.
Funds are available in Account 0F.1083.0000.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
3. Wellhead Treatment - Well No. 9 - Apply and Obtain Grant. New York State
enacted standards for certain emerging contaminants in the water supply of the State,
including the water supply of Garden City. In order to meet those standards, Garden City
will need to do treatment at Well No. 9. Board authorization is requested to apply for and
obtain a grant for the project “Wellhead Treatment at Well No. 9 for AOP Removal” under
the Federal Clean Water Infrastructure Act for the purpose of dealing with emerging
contaminants at Well No. 9. This is subject to Village Counsel’s review of the grant
application.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
4. Wellhead Treatment - Well No. 9 - Engage H2M Architects and Engineers -
Submit Grant. Board authorization is requested to engage H2M Architects and Engineers,
538 Broad Hollow Road, Melville, New York, to complete and submit the WIIA Grant
Application for Well No. 9 by the November 22, 2021, deadline, for a total cost of $3,000.
Funds are available in Account 0F.1085.0000.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
5. Wellhead Treatment - Well Nos. 13 and 14 - Apply and Obtain Grant. New
York State enacted standards for certain emerging contaminants in the water supply of the
State, including the water supply of Garden City. In order to meet those standards, Garden
City will need to do treatment at Well Nos. 13 and 14. Board authorization is requested to
apply for and obtain a grant for the project “Wellhead Treatment at Well Nos. 13 and 14
for AOP Removal” under the Federal Clean Water Infrastructure Act for the purpose of
dealing with emerging contaminants at Well Nos. 13 and 14. This is subject to Village
Counsel’s review of the grant application.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
6. Wellhead Treatment - Well Nos. 13 and 14 - Engage H2M Architects and
Engineers - Submit Grant. Board authorization is requested to engage H2M Architects and
Engineers, 538 Broad Hollow Road, Melville, New York, to complete and submit the WIIA
Grant Application for Well Nos. 13 and 14 by the November 22, 2021, deadline, for a total
cost of $3,000. Funds are available in Account 0F.1084.0000.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
7. Wellhead Treatment - Well Nos. 15 and 16 - Apply and Obtain Grant. New
York State enacted standards for certain emerging contaminants in the water supply of the
State, including the water supply of Garden City. In order to meet those standards, Garden
City will need to do treatment at Well Nos. 15 and 16. Board authorization is requested to
apply for and obtain a grant for the project “Wellhead Treatment at Well Nos. 15 and 16
for AOP Removal” under the Federal Clean Water Infrastructure Act for the purpose of
dealing with emerging contaminants at Well Nos. 15 and 16. This is subject to Village
Counsel’s review of the grant application.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
8. Wellhead Treatment - Well Nos. 15 and 16 - Engage H2M Architects and
Engineers - Submit Grant. Board authorization is requested to engage H2M Architects and
Engineers, 538 Broad Hollow Road, Melville, New York, to complete and submit the WIIA
Grant Application for Well Nos. 15 and 16 by the November 22, 2021, deadline, for a total
cost of $3,000. Funds are available in Account 0F.1073.0000.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
AWARD OF BIDS
1. Renewal of Contract Award for Trees and Shrubs - The Garden Depot Corp.
Board authorization is requested to exercise the second renewal year option contained in
the competitively bid contract for Trees and Shrubs, that was awarded on April 25, 2019,
to The Garden Depot Corp., 3672 Route 112, Coram, New York, for various trees and
shrubs at the same prices and conditions, for items to be purchased on an “as needed basis”,
based upon unit costs for 2021/22 fiscal year. Funds are available in Accounts
0A.7110.4010 and 0A.7110.4040.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
EXTERNAL COMMUNICATIONS
PERMITS:
1. William Bradford Turner Post No. 265, American Legion, requested
authorization to conduct a ceremony on Veterans Day, Wednesday, November 11, 2021,
commencing at 10:45 a.m. in the area surrounding the Veterans Memorial at the Library
on Seventh Street.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved, subject to coordination with the Fire, Police and Recreation Departments.
2. American Legion Auxiliary, William Bradford Turner Post, Unit 265, requested
authorization to distribute poppies in the area surrounding the Veterans Memorial at the
Library on Seventh Street on Veterans Day, Wednesday, November 11, 2021, one hour
before and one hour after the service that will be held at that location.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
On-Street Parking:
3. (a) James Kemp and Bronwyn Hannon, 15 Franklin Court (2)
(b) James and Blanca Burns, 7 First Place (2)
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
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:
• Engage Donnelly Mechanical Corp., 96-59 222nd Street, Queens Village,
New York, for the sum of $15,000 to replace office air handler in the Police
Department as part of the 2020-2021 Capital Project for the Detective’s
Room Upgrade. (Police Department)
Mayor Veneziale recognized the following:
Tauheedah Mateen, Public Affairs Specialist, US Small Business Administration
Chris Werle, Waterzooi/Novita, 850/860 Franklin Avenue
Tom Lamberti, 57 First Street
George Salem, 24 St. Paul’s Place
Steve Ilardi, 129 Meadow Street
There being no further business, on motion duly made, the meeting adjourned at
9:05 p.m.
Agenda
AGENDA
OCTOBER 21, 2021
7:30 P.M.
I. Welcome by Mayor to attendees.
II. Call to Order.
III. Comments by Department Heads, Village Administrator and Counsel on Agenda Items
(including Treasurer on Treasurer’s Report)
IV. Trustees/Mayor Questions/Comments.
V. Citizens Comments on Agenda Items.
VI. Approval of Minutes - October 7, 2021 - Regular Board Meeting.
VII. New Business
A. Formal Agenda
1. Set date for a Public Hearing - A Local Law Adding Chapter 78 to the Village Code
Entitled “Cannabis Prohibition”.
• Introduction of Village Law and Discussion.
• Set Date for Public Hearing for November 4, 2021.
B. Consent Calendar
Sick Leave
1. Nine employees - Police (3), Recreation (2) and Public Works (4) Departments.
Police
2. Leadership Summit.
• Board authorization is requested to approve the attendance of Commissioner
Kenneth Jackson and Inspector Steve Braun at the Leadership Summit hosted by
the New York State Association of Chiefs of Police and the New York State Sheriffs
Association, scheduled for November 3-4, 2021, in Lake George, New York at an
approximate cost of $1,500. (Operating Budget)
Recreation
3. Change Order - Hydroseeder - Turbo Technologies, Inc.
• Board authorization is requested to approve a Change Order submitted by Turbo
Technologies, Inc., 1500 First Avenue, Beaver Falls, Pennsylvania for the purchase
of a Hydroseeder. This piece of equipment was budgeted at $6,000 and was
NEXT BOARD OF TRUSTEES MEETING - NOVEMBER 4, 2021 (10/19/21)
purchased for $5,895. However, there was an additional $987.15 in freight
charges which caused the total cost of this item to exceed the budgeted amount by
$882.15. Funds are available in the Capital Equipment line due to savings from
another purchase. (Capital Budget)
Public Works
4. Wellhead Treatment - Well No. 7 - Apply and Obtain Grant and Engage H2M
Architects and Engineers.
• New York State enacted standards for certain emerging contaminants in the water
supply of the State, including the water supply of Garden City. In order to meet
those standards, Garden City will need to do treatment at Well No. 7.
o Board authorization is requested to apply for and obtain a grant for the
project “Wellhead Treatment at Well No. 7 for AOP Removal” under the
Federal Clean Water Infrastructure Act for the purpose of dealing with
emerging contaminants at Well No. 7. This is subject to Village Counsel’s
review of the grant application.
o Board authorization is requested to engage H2M Architects and Engineers,
538 Broad Hollow Road, Melville, New York, to complete and submit the
WIIA Grant Application for Well No. 7 by the November 22, 2021,
deadline, for a total cost of $3,000. (Capital Budget)
5. Wellhead Treatment - Well No. 9 - Apply and Obtain Grant and Engage H2M
Architects and Engineers.
• New York State enacted standards for certain emerging contaminants in the water
supply of the State, including the water supply of Garden City. In order to meet
those standards, Garden City will need to do treatment at Well No. 9.
o Board authorization is requested to apply for and obtain a grant for the
project “Wellhead Treatment at Well No. 9 for AOP Removal” under the
Federal Clean Water Infrastructure Act for the purpose of dealing with
emerging contaminants at Well No. 9. This is subject to Village Counsel’s
review of the grant application.
o Board authorization is requested to engage H2M Architects and Engineers,
538 Broad Hollow Road, Melville, New York, to complete and submit the
WIIA Grant Application for Well No. 9 by the November 22, 2021,
deadline, for a total cost of $3,000. (Capital Budget)
6. Wellhead Treatment - Well Nos. 13 and 14 - Apply and Obtain Grant and Engage
H2M Architects and Engineers.
• New York State enacted standards for certain emerging contaminants in the water
supply of the State, including the water supply of Garden City. In order to meet
those standards, Garden City will need to do treatment at Well Nos. 13 and 14.
o Board authorization is requested to apply for and obtain a grant for the
project “Wellhead Treatment at Well Nos. 13 and 14 for AOP Removal”
under the Federal Clean Water Infrastructure Act for the purpose of dealing
with emerging contaminants at Well Nos. 13 and 14. This is subject to
Village Counsel’s review of the grant application.
NEXT BOARD OF TRUSTEES MEETING - NOVEMBER 4, 2021 (10/19/21)
o Board authorization is requested to engage H2M Architects and Engineers,
538 Broad Hollow Road, Melville, New York, to complete and submit the
WIIA Grant Application for Well Nos. 13 and 14 by the November 22,
2021, deadline, for a total cost of $3,000. (Capital Budget)
7. Wellhead Treatment - Well Nos. 15 and 16 - Apply and Obtain Grant and Engage
H2M Architects and Engineers.
• New York State enacted standards for certain emerging contaminants in the water
supply of the State, including the water supply of Garden City. In order to meet
those standards, Garden City will need to do treatment at Well Nos. 15 and 16.
o Board authorization is requested to apply for and obtain a grant for the
project “Wellhead Treatment at Well Nos. 15 and 16 for AOP Removal”
under the Federal Clean Water Infrastructure Act for the purpose of dealing
with emerging contaminants at Well Nos. 15 and 16. This is subject to
Village Counsel’s review of the grant application.
o Board authorization is requested to engage H2M Architects and Engineers,
538 Broad Hollow Road, Melville, New York, to complete and submit the
WIIA Grant Application for Well Nos. 15 and 16 by the November 22,
2021, deadline, for a total cost of $3,000. (Capital Budget)
Award of Bids
8. Trees and Shrubs.
Board authorization is requested to exercise the second renewal year option
contained in the competitively bid contract for Trees and Shrubs, that was awarded
on April 25, 2019, to The Garden Depot Corp., 3672 Route 112, Coram, New York,
for Trees and Shrubs at the same prices and conditions, for items to be purchased
on an “as needed basis”, based upon unit costs. (Operating Budget)
External Communications
Permits:
9. William Bradford Turner Post No. 265, American Legion, requesting authorization
to conduct a Veterans Day Ceremony on Veterans Day, Thursday, November 11,
2021 in the area surrounding the Veterans Memorial at the Library on Seventh
Street.
10. American Legion Auxiliary, William Bradford Turner Post, Unit No. 265, requesting
authorization to distribute Poppies on Veterans Day, Thursday, November 11,
2021 at the Village Memorial Plaza on Seventh Street one hour before and one
hour after the 11:00 a.m. service that will be held at that location.
11. (a) James Kemp and Bronwyn Hannon, 15 Franklin Court (2)
(b) James and Blanca Burns, 7 First Place (2)
VIII. Citizen Comment on non-agenda items. (limited to four minutes each)
NEXT BOARD OF TRUSTEES MEETING - NOVEMBER 4, 2021 (10/19/21)
IX. Information Only - Contracts/Agreements.
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:
• Engage Donnelly Mechanical Corp., 96-59 222nd Street, Queens Village, New
York, for the sum of $15,000 to replace office air handler in the Police Department
as part of the 2020-2021 Capital Project for the Detective’s Room Upgrade. (Police
Department)
X. Adjournment.
NEXT BOARD OF TRUSTEES MEETING - NOVEMBER 4, 2021 (10/19/21)
BOARD OF TRUSTEES
OCTOBER 7, 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 and audience present) at the Garden City Senior Center, Golf Club Lane
in said Village on October 7, 2021, at 7:30 p.m.
Present: Mayor Cosmo Veneziale, Trustees Bruce J. Chester, John M.
Delany, Terence P. Digan, Mary Carter Flanagan, Colleen E. Foley,
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
Giuseppe Giovanniello, Superintendent of Building Department
(via Zoom)
Paul Blake, Chairman, Board of Commissioners of Cultural and
Recreational Affairs
Devyn Moody, Chief, Fire Department
Peter Bee, Bee Ready Fishbein Hatter & Donovan, LLP
Absent: Trustee Louis M. Minuto
Attendance: Approximately 24 in person and 26 via Zoom
The Clerk reported that due notice of this meeting had been served on each member
of the Board.
PRESENTATION OF PROCLAMATION
Mayor Veneziale presented a proclamation to Village resident Anastasia Pagonis
who recently represented the United States of America in the Paralympics in Tokyo. She
took home the Gold Medal breaking her own world record and winning the first Gold
Medal of the Games for the United States. She also went on to win her second Medal, by
winning the Bronze Medal in the Women’s 200-meter Individual Medley SM1, 1.
Anastasia and her family were present to accept the proclamation from the Mayor on behalf
of the Board of Trustees and Village residents. The Mayor congratulated Anastasia and
wished her best wishes as she continues her training for the future.
Mayor Veneziale called upon Ralph Suozzi along with the Department Heads who
spoke about their agenda items.
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Mayor Veneziale stated that the first item on the agenda was approval of the
minutes of the last meeting of the Board of Trustees.
The minutes of the regular meeting held on September 16, 2021, were reviewed,
and on motion of Trustee Chester were approved as presented.
NEW BUSINESS
CONSENT CALENDAR
FINANCE
1. Appropriation of Termination Reserves. Board authorization is requested to
appropriate $5,673.33 from Account 0A.8670.0000 Reserve for Compensated Absences,
to Account 0A.9000.1220 Termination Payout, for an employee who left Village service
as follows: Thomas Fasano (Police Department).
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
SICK LEAVE
POLICE
1. Sick Leave - Schade. Board authorization is requested to pay Police Officer
Thomas Schade through November 4, 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.
PUBLIC WORKS
2. Sick Leave - Valentine. Board authorization is requested to pay John Valentine,
Motor Equipment Operator, Street Department, through November 4, 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.
VILLAGE COUNSEL
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1. Settlement Agreement with Covanta Hempstead Company and Covanta
Holding Corporation. Board authorization is requested authorizing the Village Attorney
to join the Towns of Hempstead and Brookhaven in executing a Settlement Agreement
with Covanta Hempstead Company and Covanta Holding Corporation (together
“Covanta”) resolving claims by a Relator that Covanta engaged in certain illegal practices
under relevant environmental laws and calling for the payment of the lump sum of
$250,000 by Covanta to the Village of Garden City.
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 94-2021
WHEREAS, Nassau Supreme Court captioned The State of New York, Town of
Hempstead, Town of Brookhaven, Incorporated Village of Garden City, and Long Island
Power Authority ex rel. EPR Corp. and Patrick Fahey v. Covanta Hempstead Company
and Covanta Holding Corporation, No. 7549/2013 (the “Action”), in which Relators have
asserted claims against Covanta Hempstead and Covanta Holding under the New York
State False Claims Act purportedly on behalf of four New York state entities: the Town of
Hempstead (“Hempstead”), Town of Brookhaven (“Brookhaven”), the Village of Garden
City, and Long Island Power Authority (“LIPA”) (together, the “Municipal Entities”).
WHEREAS, on February 6, 2017, the New York Attorney General (“NYAG”)
communicated to the Court its final decision to decline to intervene in the Action;
WHEREAS, on February 27, 2017, the Action was unsealed;
WHEREAS, this Action was not filed by the Village of Garden City or at the
request of the Village of Garden City but purports to be for the benefit of the Village of
Garden City;
WHEREAS, on February 9, 2021 the Village of Garden City, through Ralph
Suozzi, Village Administrator for the Village of Garden City, submitted an affidavit in lieu
of a deposition setting forth its position with respect to the Action;
WHEREAS, the Relators have sought burdensome document discovery from the
Village of Garden City, taken a deposition of a Garden City official, Mr. Suozzi, over the
Village’s objection, and made other requests of the Village, which required the Village of
Garden City to engage and pay outside counsel;
WHEREAS, Covanta denies all liability in connection with the Action and all
allegations made against Covanta in the Action;
WHEREAS, the Village of Garden City has concluded that the alleged conduct
would not have been material to the Village’s decision to pay for the services Covanta
actually rendered;
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WHEREAS, after review of the facts and the law, the Village of Garden City has
concluded that it is not a victim of fraud or “false claims” and has not suffered any
damages;
WHEREAS, the Village received the benefit of Covanta’s services pursuant to a
service agreement dated August 20, 2009, as amended by an amendment dated February
1, 2013 (the “Contract”);
WHEREAS, the Village of Garden City has concluded that this Action has never
been, and continues not to be, in the best interest of the Village of Garden City and its
residents;
WHEREAS, in an effort to avoid the time, expense, and uncertainty of litigation,
the Village of Garden City and Covanta desire to resolve all claims and other disputes
between them arising from or related to the Action;
WHEREAS, Covanta presented an offer of settlement to Relators on August 23,
2021;
WHEREAS, the Village of Garden City, along with the other Municipal Entities,
is the real party in interest to the Action;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, and for other good and valuable consideration, the receipt, adequacy, and
sufficiency of which are hereby acknowledged by each of the parties to this Agreement,
Covanta and the Village of Garden City agree to a Settlement Agreement which is on file
with the Village Clerk.
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
POLICE
1. Parking Enforcement Management Services - FBS Parking Solutions. Board
authorization is requested to accept the proposal for Parking Enforcement Management
Services submitted by FBS Parking Solutions, 14 Front Street, Hempstead, New York.
There is no fee to the Village, all equipment is to be supplied by the vendor, they will
process all parking violations for the Village, implementation and training. There will be
a maintenance savings of $1,352 per month.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
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PUBLIC WORKS
1. Rehabilitation of Monuments - Modify Description of Capital Project. Board
authorization is requested to modify the description of the 2020/21 Capital Project for the
Rehabilitation of Monuments to include the addition, repair and/or painting of flagpoles
and lights and to set all dollar values as approximate. There will be no change to the
funding of this Capital Project.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
AWARD OF BIDS
Requisition No. 21-2, Dated October 7, 2021, Purchase of Materials for the Public
Works Department.
1. Streetlight Poles, Luminaires and Accessories. (a) Reject the bids from
Magniflood, Inc., low bidder for Item Nos. 1 and 3 and second low bidder for Item No. 4
as they do not meet specifications.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(b) Reject the bids from Sentry Electric Co., Inc., low bidder for Item Nos. 4, 9 and
34 as they do not meet specifications.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(c) Award bid to Champion Wire and Cable LLC, 695 Summa Avenue, Westbury,
New York, low bidder for Item Nos. 43-46.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(d) Award bid to Conserve Lighting and Electrical, 475 Underhill Boulevard,
Syosset, New York, low bidder for Item Nos. 2, 7-8, 14, 24, 47-48, 50-53, 56-63, 66 and
second low bidder for Item No. 9.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(e) Award bid to Kelly & Hayes Electric Supply of LI Inc., 66 Southern Boulevard,
Nesconset, New York, sole bidder for Item Nos. 28-31 and 37-40, low bidder for Item Nos.
13, 15-23, 25-27, 41-42, 49, 54-55, 64-65 and second low bidder for Item No. 1.
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On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(f) Award bid to Magniflood, Inc., 7200 New Horizons Boulevard, Amityville,
New York, low bidder for Item Nos. 32-33.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(g) Award bid to Sentry Electric Co, Inc., 185 Buffalo Avenue, Freeport, New
York, sole bidder for Item Nos. 6, 11-12 and low bidder for Item No. 10.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
(h) Award bid to Spring City Electrical Manufacturing Co., One South Main Street,
Spring City, Pennsylvania, low bidder for Item Nos. 5 and 35-36, second low bidder for
Item Nos. 3 and 34 and low bidder for Item No. 4.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
A total of thirteen invitations to bid were sent and six bids were received. A Notice
to Bidders was sent to Bid Reporter and Bid Specifications were advertised on New York
State Contract Reporter.
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 95-2021
RESOLVED, that Requisition No. 21-2, dated October 7, 2021, filed under separate
cover, be made a part of these minutes and that materials and equipment be purchased for
the Public Works 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: 7
NOES: 0
The resolution was declared adopted.
EXTERNAL COMMUNICATIONS
PERMITS:
1. Mrs. RoseAnn Vernice, President, Western Property Owners’ Association, P.
O. Box 7976, requesting permission for the Western Section of the Village to host a
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traditional tree lighting ceremony on Friday, December 3, 2021, from 6:00 p.m. to 7:00
p.m., at the south end of New Hyde Park Road.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved subject to the coordination of the Police and Fire Departments.
2. Mr. Bert Cunningham, writing on behalf of the Long Island Chapter of the 42nd
Division Association, requesting to hold its annual Veteran’s Day observance and wreath
placement at the 42nd Division Monument on November 6, 2021 beginning at 12 noon. He
also extends an invitation to the Mayor and Board of Trustees to attend the ceremony.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved subject to the coordination of the Police and Fire Departments.
On-Street Parking:
3. (a) Thomas Blaha, 17 Meadow Street (1)
(b) Virginia Cook, 26 Franklin Court (1)
(c) Erin and Mike Fleischmann, 25 Meadow Street (2)
(d) John and Paula Hogan, 17 Franklin Court (1)
(e) Robert Lawkins, 25 Franklin Court (2)
(f) Patricia A. McGinnis, 15 Meadow Street (1)
(g) Jane M. Maguire, 40 Franklin Court East (1)
(h) John and Karen Munkenbeck, 22 Franklin Court West (2)
(i) Margaret M. Murphy, 47 Franklin Court (1)
(j) Ralph and Debbie Pastore, 19 Franklin Court East (2)
(k) Marilyn and William Prager, 16 Franklin Court (2)
(l) Alexandra and Daphne Spirakis, 20 Franklin Court West (2)
(m) Joan and Robert Stone, 13 Meadow Street (2)
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
Solicit
4. Ms. Carolina Ramos, Event Coordinator, Masterplan Marketing, 1748 W.
Katella Avenue, Orange, California, writing on behalf of the ASPCA, a Non-Profit
Organization, requesting permission to promote their charity outside Kings Market, 870
Franklin Avenue. The ASPCA would like to set up a table on the following dates:
November 1 through November 6, 2021 and December 13 through December 18, 2021
between the hours of 10:30 a.m. and 5:30 p.m.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
Mayor Veneziale recognized the following:
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Thomas Lamberti, 57 First Street
George Salem, 25 St. Paul’s Place
John Kassimatis, 46 Mulberry Avenue
Susan Marks, 67 Hilton Avenue
Kathy O’Mara, 67 Hilton Avenue
Robert Vassalotti, 32 Brixton Road
There being no further business, on motion duly made, the meeting adjourned at
9:17 p.m.
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