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Board of Trustees

Regular Meeting

Garden City, NY · October 21, 2021

AgendaMinutes

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. 1 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 2 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; 3 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. 4 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. 5 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 6 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: 7 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. 8

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