Board of Trustees
Regular MeetingGarden City, NY · January 13, 2022
Minutes
BOARD OF TRUSTEES
JANUARY 13, 2022
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 January 13, 2022, 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
Paul Blake, Chairman, Board of Commissioners of Cultural and
Recreational Affairs
Matthew F. Pearn, First Assistant Chief, Fire Department
Peter Bee, Bee Ready Fishbein Hatter & Donovan, LLP
Absent: Trustee Louis M. Minuto.
Attendance: Approximately 15 in person and 33 via Zoom
The Clerk reported that due notice of this meeting had been served on each member
of the Board.
Mayor Veneziale called upon Ralph Suozzi along with the Department Heads who
spoke about their agenda items.
Mayor Veneziale stated that the first item on the agenda was the public hearing
with regard to “A Local Law clarifying persons responsible for the payment of a
“Legalization Fee”, and the circumstances under which such fee is due under Village Code
68-5D”. Copies of the proposed local law had been distributed to the Board Members more
than seven days prior to the meeting. Trustee Flanagan made a motion to open the public
hearing which was unanimously approved.
(A tape recording of this hearing has been typed under separate cover and
constitutes a part of these minutes.)
There being no further public comment, on motion of Trustee Chester and
unanimously carried, the public hearing pursuant to the proposed local law was closed.
On motion of Trustee Flanagan the following resolution was offered:
RESOLUTION NO. 1-2022
LOCAL LAW 1-2022
A LOCAL LAW CLARIFYING PERSONS RESPONSIBLE FOR THE PAYMENT OF
A “LEGALIZATION FEE”, AND THE CIRCUMANSTANCES UNDER WHICIH
SUCH FEE IS DUE UNDER VILLAGE CODE 68-5D
WHEREAS, it has been drawn to the attention of the Board of Trustees that not all
of its residents are aware of the current reasonable practice and policy of the Building
Superintendent to deny new Building Department Permits to applicants for
construction/installation work in instances wherein the applicant is currently maintaining
premises with construction/installation work which required a permit prior to the
construction/installation work, but for which no permit was applied nor issued; and
WHEREAS, such practice and policy does and will subject some applicants to the
“legalization fee” required by Code 68-5.D, which fee is designed to address the additional
work of the Village in inspecting work without the advantage of advance plans and
specifications, ongoing inspections during construction/installation, and other
requirements placed upon applicants which make for more efficient and responsible
compliance with construction/installation laws designed to protect the health and safety of
village residents; and
WHEREAS, this Board believes such existing Building Department practice and
policy furthers the interests of the Village in providing cost-effective and safe construction
and installations for its residents; now, therefore,
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF
GARDEN CITY AS FOLLOWS:
Section 1. Section 68-5.D of the Village Code of the Village of Garden City is
hereby amended to read as follows:
68-5.D. Legalization Fee. Whenever a permit holder or permit applicant or other
person seeks to legalize work, or is required to legalize work, that was or is being
performed without a permit required under this Chapter, they such permit holder or
permit applicant or other person shall pay a legalization fee equal to three times the
application fee. The legalization fee shall be in addition to any and all other application
and inspection fees charged by the Department. No new permit for construction or
installation work, nor any Certificate of Occupancy, Certificate of Completion or Letter
in Lieu shall be issued until the legalization fee for existing construction and/or
installations and all other applicable fees are paid in full.
Notwithstanding the foregoing, for applications filed during the period from
February 1, 2022 through July 30, 2022, no Legalization Fee shall be charged to any
applicant or other person seeking to legalize work, or who is required to legalize work,
that was or is being performed without a permit required under this Chapter.
Section 3. This Local Law shall take effect immediately.
Thereupon the above Local Law was submitted for final passage and the vote
thereon was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
Mayor Veneziale stated that the next item on the agenda was approval of the
minutes of the last meetings of the Board of Trustees.
The minutes of the regular meeting held on December 9, 2021 were reviewed, and
on motion of Trustee Chester were approved as presented.
The minutes of the special meeting held on December 10, 2021 were reviewed, and
on motion of Trustee Chester were approved as presented.
The minutes of the special meeting held on December 30, 2021 were reviewed, and
on motion of Trustee Chester were approved as presented. (Mayor Veneziale abstained)
NEW BUSINESS
FORMAL AGENDA
APPOINTMENTS BY THE MAYOR
Stephen A. Bucaria, 10 Franklin Court East, Garden City, New York, is hereby
appointed Associate Justice of the Incorporated Village of Garden City to serve during the
ensuing official year for a term expiring on April 4, 2022. He is appointed to serve the
unexpired term of Associate Justice Brian T. Deveney who resigned the position as of
December 13, 2021.
On motion of Trustee Digan the following resolution was offered:
RESOLUTION NO. 2-2022
RESOLVED, that the appointment of Stephen A. Bucaria, 10 Franklin Court East,
Garden City, New York, as Associate Justice of the Incorporated Village of Garden City
to serve during the ensuing official year, be and the same hereby is ratified.
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
Carried.
CONSENT CALENDAR
FINANCE
1. Set Date - Annual Tax Lien Sale. Reported that a detailed account of all 2021
Village tax arrears had been filed, pursuant to the provisions of Section 1438 of the Real
Property Tax Law, including a description of the lands on which such taxes remain unpaid
as the same were placed on the original rolls, that the members of the Board compared such
account with the original 2021 tax rolls and found the same to be a true and correct record
of the Village taxes remaining unpaid for said year, and the Tax Collection Account of the
Village Clerk was ordered credited with the amount thereof, namely $731,883.59.
On motion of Trustee Flanagan the following resolution was offered:
RESOLUTION NO. 3-2022
RESOLVED, that a tax sale of all property on which the 2021 Village Tax remains
unpaid, as shown on the tax rolls of the Village of Garden City, is hereby ordered to be
held in the Village Hall on the 11th day of March, 2022, commencing at 10:00 a.m., and
that such sale be conducted by the Treasurer in the manner provided and prescribed by
Section 1454 of the Real Property Law of the State of New York, and that such real
property be sold subject to the provisions of the New York State and Federal Soldiers’ and
Sailors’ Civil Relief Acts, as amended, insofar as the same may be applicable to the owners
of any of said real estate; and
FURTHER RESOLVED, that the Treasurer is hereby directed to publish in the
Village’s official newspaper, for three consecutive weeks ending on or before March 11,
2022, a list of the real property upon which the 2021 Village Tax is unpaid, with the amount
of the tax, interest and other charges thereon, together with a notice that said real property
will be sold at public auction, at the same time and place stated above, to discharge the tax,
interest, fees and charges due at the time of sale.
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
2. Appropriation of Termination Reserves. Board authorization is requested to
appropriate $14,263.81 from Account 0A.8670.0000 Reserve for Compensated Absences,
to Account 0A.9000.1220 Termination Payout, for employees who left Village service as
follows: Dennis O’Reilly (Public Work Works - $1,717.70) and Robert E. Whitely (Public
Works - $12,546.11).
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
3. Transfer of Funds. Board authorization is requested to transfer funds as follows:
a) $25,000 to Account 0A.5182.4010 Street Lighting - Materials and Supplies from
Account 0A.1990.4000 Contingent to cover a purchase order and to allow for any
additional purchases for the remaining fiscal year.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
recommendation was approved and the Treasurer was authorized to make the necessary
transfer of funds.
b) $30,000 to Account 0A.5182.4460 Street Lighting - Contractual Services from
Account 0A.1990.4000 Contingent to cover invoicing for Island Directional Drilling for
the remaining fiscal year.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
recommendation was approved and the Treasurer was authorized to make the necessary
transfer of funds.
SICK LEAVE
POLICE
1. Sick Leave - Five Employees. Board authorization is requested to pay Police
Sergeant Keith Wehr, Police Communications Operator Kerri Hiotidis, Police Officer Jana
Wiggins, Police Officer Amir Latif and Police Officer Thomas Schade, through February
15, 2022, 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 and the Incorporated Village of Garden City and the Civil Service
Employees' Association, which became effective June 1, 2014
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
RECREATION
2. Sick Leave - Four Employees. Board authorization is requested to pay David
Broas, Senior Motor Equipment Operator, Recreation and Parks Department and Parks
Department, Steve Espey, Recreation Supervisor, Recreation Department, Michael
Berrios, Senior Motor Equipment Operator, Recreation and Parks Department and Robert
Vaughn, Laborer, Recreation and Parks Department through February 15, 2022, 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 Flanagan and unanimously carried, the aforesaid
authorization was approved.
PUBLIC WORKS
3. Sick Leave - Two Employees. Board authorization is requested to pay James
Labas, Motor Equipment Operator, Sanitation Department and Paul Marinello, Sanitation
Worker, Sanitation Department through February 15, 2022, 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 Flanagan and unanimously carried, the aforesaid
authorization was approved.
FIRE
1. Acceptance of Donation - Recruitment Video - Waive Permit Fees. Board
authorization is requested for a resolution authorizing the Village to accept the
unconditional gift a Recruitment Video for the Fire Department. A Fire Department
Member attended a Conference in September, 2021 and during the attendance, the
Village’s Fire Department was chosen to receive a donation of a “Recruitment Video
Production” from Rhino Media Productions. The value of this donation is approximately
$21,350. It is also requested that the film permit fee of $1,000 per day be waived.
Trustee Flanagan offered the following resolution and moved its adoption:
RESOLUTION NO. 4-2022
WHEREAS, Section §12-17 of the Village Code, provides the Village of Garden
City with authority to accept gifts to the Village; and
WHEREAS, Resolution 117-1996, established a policy of the Village Board of
Trustees for the solicitation and acceptance of gifts donated to the Village; and
WHEREAS, the policy provides for acceptance of certain gifts by affirmative
action of the Board of Trustees; and
WHEREAS, Rhino Media, Inc. has submitted to the Mayor and Board of Trustees
a request that the Village accept a gift to the Village of Garden City of a Fire Department
Recruitment Video valued at $21,350 which will be used to recruit and thereafter train
potential new Village Fire department members; and
WHEREAS, in conjunction with the preparation of the Recruitment Video to be
donated, the Village of Garden City has been requested to waive all applicable filming
permit fees; and
WHEREAS, Rhino Media, Inc. proposes to unconditionally gift this recruitment
video, including ownership of copyrights of said video; and
WHEREAS, the recruitment video will be filmed on village owned property,
including but not limited to, fire house property;
NOW THEREFORE BE IT RESOLVED by the Village of Garden City accepts the
gift of the proposed Recruitment Video valued at $21,350 from Rhino Media, Inc., all as
more fully described in accompanying correspondence and the Declaration of Gift; and
IT IS FURTHER RESOLVED that the Village waives the payment of filming
permit fees in connection with the preparation of the video; and
BE IT FURTHER RESOLVED that the Mayor and Board of Trustees expresses its
appreciation to Rhino Media, Inc., for this gift to the Village of Garden City.
The adoption of the foregoing resolution was duly put to vote on roll call which
resulted as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
PUBLIC WORKS
1. Engagement of Professional Services - H2M Architects and Engineers
Discolored Water Complaints. Board authorization is requested to approve additional
funding for H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York,
in the amount of $30,000, to continue investigating discolored water complaints at various
residences throughout the Village. The Board of Trustees approved $6,400 at the March
11, 2021 Board of Trustees Meeting. Funds are available in Account 0F.8310.4460.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
2. Engagement of Professional Services - H2M Architects and Engineers - Ratify
Lead Issues. Board authorization is requested to ratify the proposal submitted by H2M
Architects and Engineers, 538 Broad Hollow Road, Melville, New York, in the amount of
$25,000, to assist the Village with lead investigation. Funds are available in Account
0F.8310.4460.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
3. Engagement of Professional Services - H2M Architects and Engineers
Additional Funding. Board authorization is requested to approve additional funding for
H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, in the
amount of $25,000, to continue performing Miscellaneous Work as directed by the Village.
The Board of Trustees approved $12,000 at the March 11, 2021 Board of Trustees Meeting.
Funds are available in Account 0F.8310.4460.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
4. Professional Rate Services Renewal - Atlantic Wells, Inc. - Mechanical Well
Contractor. Board authorization is requested to engage Atlantic Wells, Inc., 58 Fairfields
Lane, Huntington Station, New York, Mechanical Well Contractor for Well Pump and
Booster Pump Service Calls for 2022, as per rates on file in the Village Clerk’s Office.
Funds are available in Account 0F.8320.4020.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
5. Village Building and Vehicle Cleaning Services - Ratify - A-1 Professional
Cleaning and Maintenance Services, Inc. - Extension of Contract. Board authorization is
requested to ratify an extension of the existing Village Building and Vehicle Cleaning
Services Contract with A-1 Professional Cleaning and Maintenance Services, Inc., 61
Carolyn Boulevard, Farmingdale, New York. The current contract expired in November
2021, and it is requested to extend the existing contract on a month-to-month basis while a
new contract is sought through competitive bidding. Funds are available in Account
0A.1620.4460.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
6. Settlement Agreement - Garden City Golf Club. Board authorization is
requested for the Village to enter into a Settlement Agreement with the Garden City Golf
Club for reimbursement for tree damages.
Trustee Flanagan offered the following resolution and moved its adoption:
RESOLUTION NO. 5-2022
WHEREAS, the Incorporated Village of Garden City (“IVGC”) and Garden City
Golf Club (“GCGC”) entered into an Access and Easement Agreement dated on or about
March 2, 2021 granting the IVGC the ability to undertake specified water supply
infrastructure work (the “Work”) on GCGC’s real property located at 315 Stewart Avenue,
Garden City, New York 11530 (the “Property”); and
WHEREAS, the Work resulted in damages to trees on the Property (“Tree
Damage”); and
WHEREAS, GCGC has requested reimbursement for the Tree Damage;
NOW, THEREFORE, in consideration of the foregoing, the covenants and
promises contained herein, and for other good and valuable consideration, the receipt of
which is hereby acknowledged, IVGC and GCGC agree as follows.
1. IVGC shall pay to GCGC the sum of fifty thousand dollars ($50,000) within
thirty (30) days of the execution of this Agreement.
2. GCGC hereby releases and waives, and agrees to indemnify, defend and hold
IVGC harmless from any loss, cost, claim or damage (including reasonable
attorney’s) arising from or related to the Tree Damage, arising from work
activities by or for IVGC prior to the date of this Settlement Agreement. For
clarity, claims based on Tree Damage that later becomes manifest, but
resulted from work activities prior to the date of this Settlement Agreement,
are fully compensated hereunder and released.
3. All other provisions and obligations of the parties to the Access and
Easement Agreement remain unaffected by this Agreement.
4. If any provision or paragraph of this Agreement is declared illegal or
unenforceable by a court of competent jurisdiction, such provision or
paragraph shall be severed from the Agreement, and the remainder of the
Agreement shall remain in full force and effect.
5. The parties have jointly participated in the negotiation and drafting of this
Agreement, and, in the event of ambiguity or interpretation, this Agreement
shall be construed as if drafted jointly by the parties and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the
authorship of any provision. The "Whereas" provisions of this Agreement
are substantive and enforceable provisions of this Agreement.
6. This Agreement contains the entire understanding of the parties hereto with
respect to the subject matter hereof. This Agreement supersedes all prior
agreements between the parties. This Agreement shall be governed by and
construed in accordance with the laws of the State of New York. Any
proceedings initiated by either party to enforce the terms of or otherwise
related to this Agreement shall be brought in the Supreme Court, State of
New York.
7. This Agreement shall carry to and be binding upon the respective successors
and assigns of the parties hereto, and neither party may amend or assign this
Agreement without the express written approval of the other party.
8. The individuals signing below declare that they each have the proper
authority to do so, acting for the indicated party. Further, GCGC and IVGC
each represent to other that it may enter into this Agreement, consistent with
all applicable law, rules and regulations that govern its actions, with the
expectation that this Agreement shall be enforceable as written, and that all
approvals have been duly obtained for this Agreement to be fully effective
once executed.
The vote on the foregoing resolution was as follows:
AYES: 7
NOES: 0
The resolution was declared adopted.
7. Curb, Sidewalk and Road Improvements Contract - 2020-21 - Change Orders.
Board authorization is requested to ratify the following Change Orders for the Curb,
Sidewalk and Road Improvements Contract - 2020-21 for work performed by Roadwork
Ahead, Inc., 2186 Kirby Lane, Syosset, New York. This additional work was not part of
the original bid specifications awarded on August 13, 2020. Funds are available in the
Accounts listed below.
Account Amount Change Order
0H.1440.2020 - Sidewalks $346,000 $55,227.00
0H.5110.2020 - Road Improvements $1,700,000 $172,238.47
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
RECREATION
1. Pool Vinyl Liner - Accelerate Capital Project. Board authorization is requested
for the Village to accelerate the Capital Project for the Pool Vinyl Liner from the 2023-24
fiscal year to this fiscal year.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
2. Pool Vinyl Liner - Increase Capital Project. Board authorization is requested to
increase the Capital Project for the Pool Vinyl Liner amount from $175,000 to $250,000.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
3. Pool Vinyl Liner - Use American Rescue Plan Act (ARPA) Funds. Board
authorization is requested to use the American Rescue Plan Act (ARPA) funding for this
project. The Village was allotted aid of $102 per resident for a total of $2.2 million and
we have received half of the aid for this year and we are authorized to use part of the funds
from the ARPA funding for the Pool Vinyl Liner.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
4. Engage Harder Services, Inc. - On Demand Service Agreement - Routine and
Emergency Tree Work. Board authorization is requested to enter into a Service Agreement
for both routine and Emergency Tree work with Harder Services, Inc., 63 Jerusalem
Avenue, Hempstead, New York. This vendor will also provide the services of a “Certified
Arborist” to assist the Village in individual tree evaluation and long term assessment of the
Village’s tree inventory as per the rates on file in the Village’s Clerk’s Office. This
Agreement has been approved by Counsel as to form. Funds are available in Account
0A.7110.4460.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
VILLAGE ADMINISTRATOR
1. Engagement of Professional Services - Transfer Funds - Total Technology
Solutions. Board authorization is requested to transfer funds as follows: $7,000 from
Account 0A.1680.1120 Data Processing - Part-Time Help to Account 0A.1680.4160 - Data
Processing - Consultant, to cover technical support provided by Total Technology
Solutions for blocks of time.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
recommendation was approved 65and the Treasurer was authorized to make the necessary
transfer of funds.
2. Computer Room Renovation - Engagement of Professional Services - H2M
Architects and Engineers. Board authorization is requested to engage H2M Architects and
Engineers, 538 Broad Hollow Road, Melville, New York, in the amount of $41,000, to
provide the Village with professional services to properly design and oversee the
construction of the unique aspects and craftmanship of a secure, environmentally
controlled Data Room to house all of the Village’s servers, circuits and infrastructure
equipment. This recommendation was made by Total Technology Solutions based on the
review of five proposals received as a response to an RFP for these services responded.
Funds are available in Account 0H.1680.2016.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
BOARD OF TRUSTEES
1. Settlement Agreement - PKAD - (Phillipp Kampf Architecture & Design) - Fire
Station #2. Board authorization is requested for the Mayor and/or Village Administrator
to execute a Settlement Agreement with PKAD (Phillipp Kampf Architecture & Design),
107 Center Street, Bay Shore, New York in the amount of $145,000 in connection with
architectural work for Fire Station #2, subject to Counsel’s approval of the form of
Agreement and exchange of General Releases. The Village engaged PKAD to provide
certain architectural services, however, the work was not completed, and the parties are in
dispute as to the fees now owed. This settlement authorization will resolve PKAD’s claim
for $175,000.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
LIBRARY
1. Garden City Library Children’s Reading Room Rehabilitation - Amend Budget.
After a lengthy discussion by the Board, it was requested to increase the initial amount that
was original listed on the agenda. Board authorization is requested to amend the current
budget of the Children’s Reading Room Rehabilitation Project by $275,000 from the
current $845,000 to $1,120,000 to incorporate the design changes outlined in the Change
Order below. This budget amendment is based on values determined by the architects
October Cost Opinion and may not reflect the final BID amounts.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
2. Garden City Library Children’s Reading Room Rehabilitation - Transfer of
Funds. After a short discussion by the Board it was requested to increase the initial amount
for the transfer of funds that was originally listed on the agenda. Board authorization is
requested to transfer funds as follows: $181,000 from Recreation - Equipment - Account
0H.7140.2000 and $94,000 from Recreation - Parks - Recreational Equipment - Account
0H.7110.2036 to Account 0H.7410.2011 - Library Children’s Room Project, to fund the
Library Children’s Room Project.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
recommendation was approved and the Treasurer was authorized to make the necessary
transfer of funds.
3. Garden City Library Children’s Reading Room Rehabilitation - Transfer of
Funds - H2M Architects and Engineers. Board authorization is requested to transfer funds
as follows: $9,500 from Parks - Recreational Equipment - Account 0A.7110.2036 to
Library - Children’s Room Project - Account 0H.7410.2011, to fund the Change Order for
the Library Children’s Room Project.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
recommendation was approved and the Treasurer was authorized to make the necessary
transfer of funds.
4. Garden City Library Children’s Reading Room Rehabilitation - Change Order
H2M Architects and Engineers. Board authorization is requested for a Change Order for
H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, in the
amount of $9,500, to provide professional architectural services for the redesign of the
Circulation and Children’s Reference Desks, addition of a sink to the Workshop Room,
and changing ceiling clouds for the proposed Children’s Room Renovations at the Garden
City Public Library, as an amendment to the current contract. Funds are available in
Account 0H.7410.2011.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
EXTERNAL COMMUNICATIONS
PERMITS
Parades:
1. The Irish American Society of Nassau, Suffolk & Queens, Inc., requested to
hold its annual St. Patrick’s Day Parade on Sunday, March 6, 2022, beginning at 1:00 p.m.
They are requesting to assemble in the parking lot between the Supreme Court and County
Courthouses. The parade will begin in front of the Irish Monument (Courthouse Drive)
near the County Courthouse. The parade will then proceed to County Seat Drive north to
Old Country Road, left onto Old Country Road and right onto Mineola Boulevard
continuing to Jericho Turnpike.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved, subject to receipt of an original Certificate of Insurance and
coordination with the Police and Fire Departments.
2. Garden City Teacher's Association requested to hold a Fun/Walk 1.5 Mile Race
and a timed 5K run for Charity (Garden City for a Cure), on Saturday, April 9, 2022
beginning at 9:00 a.m.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved, subject to receipt of an original Certificate of Insurance,
payment of the fees as per the fee schedule (50% of the combined Incorporated Village of
Garden City’s expenses, not to exceed $5,000) and coordination and approval of the route
with the Garden City Police Department.
Solicit:
3. Mr. Anthony Sampogna, 102 Rosalind Road, Yaphank, New York, requesting
a permit for the year 2022 to operate a mobile knife and tool sharpening business in Garden
City.
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
On-Street Parking:
4. a) Yolanda Chiarello, 23 Meadow Street (1)
b) Michael Knechtges, 18 Franklin Court (2)
On motion of Trustee Flanagan and unanimously carried, the aforesaid
authorization was approved.
Mayor Veneziale recognized the following:
Donald MacLeod, 10 Westbury Road
Ed Finneran, 301 Franklin Avenue
Judy Courtney, Three Tremont Street
Steve Ilardi, 139 Meadow Street
John Cantwell, 215 Kilburn Road
Lynn Krug, Two Wydler Court
Leo Stimmler, 67 Huntington Road
There being no further business, on motion duly made, the meeting adjourned at
9:00 p.m.
Agenda
AGENDA
JANUARY 13, 2022
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 on any item or issue.
V. Citizens Comments on Agenda Items.
VI. Public Hearing - A Local Law clarifying persons responsible for the payment of a “Legalization
Fee”, and the circumstances under which such fee is due under Village Code 68-5D.
VII. Approval of Minutes - December 9, 2021.
December 10, 2021 - Special Meeting.
December 30, 2021 - Special Meeting - Executive Session.
VIII. New Business
A. Formal Agenda
Appointment by the Mayor
1. Appoint Associate Village Justice Stephen A. Bucaria, 10 Franklin Court East, for a term
to expire April 4, 2022. (replacing Brian T. Deveney)
B. Consent Calendar
Departmental Communications:
Finance
1. Annual Tax Sale.
• Board authorization is requested to adopt a resolution regarding unpaid Village taxes.
The resolution sets the date of March 18, 2022 for the sale of Village Tax Liens and orders
the tax collection to be conducted by the Treasurer. The Village intends to purchase all
eligible outstanding tax liens.
2. Deferred Compensation Audit Reports.
• The Village has received and reviewed the Final Audit Report from PKF O’Connor
Davies for the Deferred Compensation Plan for the 2020 calendar year.
3. Appropriation of Termination Reserve.
• Board authorization is requested to appropriate $14,263.81 from Reserve for
Compensated Absences, to Termination Payout for two Public Works employees who have
left Village service.
NEXT BOARD OF TRUSTEES MEETING - FEBRUARY 3, 2022 (01/12/22)
1
4. Transfer of Funds.
a. $25,000 to Street Lighting - Materials and Supplies from Contingent to cover a purchase
order and to allow for any additional purchases for the remaining fiscal year.
b. $30,000 to Street Lighting - Contractual Services from Contingent to cover invoicing for
Island Directional Drilling for the remaining fiscal year.
Sick Leave
5. Eleven Employees - Police (5), Recreation (4) and Public Works (2) Departments.
Fire
6. Acceptance of Donation - Recruitment Video - Waive Permit Fees.
• Board authorization is requested for a resolution authorizing the Village to accept the
unconditional gift of a recruitment video for the Fire Department. A Fire Department
Member attended a Conference in September and during the attendance, the Village’s
Fire Department was chosen to receive a donation of a “Recruitment Video Production”
from Rhino Media Productions. The value of this donation is approximately $21,350. It is
also requested that the film permit fee of $1,000 per day be waived.
Public Works
7. Engagement of Professional Services - H2M Architects and Engineers - Discolored Water
Complaints.
• Board authorization is requested to approve additional funding for H2M Architects and
Engineers, 538 Broad Hollow Road, Melville, New York, in the amount of $30,000, to
continue investigating discolored water complaints at various residences throughout the
Village. The Board of Trustees approved $6,400 at the March 11, 2021 Board of Trustees
Meeting. (Operating Budget)
8. Engagement of Professional Services - H2M Architects and Engineers - Ratify - Lead Issues.
• Board authorization is requested to ratify funding for H2M Architects and Engineers, 538
Broad Hollow Road, Melville, New York, in the amount of $25,000, to investigate lead
issues at various residences. (Operating Budget)
9. Engagement of Professional Services - H2M Architects and Engineers - Miscellaneous Work.
• Board authorization is requested to approve additional funding for H2M Architects and
Engineers, 538 Broad Hollow Road, Melville, New York, in the amount of $25,000, to
continue performing Miscellaneous Work as directed by the Village. The Board of
Trustees approved $12,000 at the March 11, 2021 Meeting. (Operating Budget)
10. Professional Rate Services Renewal - Atlantic Wells, Inc. - Mechanical Well Contractor.
• Board authorization is requested to engage Atlantic Wells, Inc., 58 Fairfields Lane,
Huntington Station, New York, Mechanical Well Contractor for Well Pump and Booster
Pump Service Calls for 2022, as per rates on file in the Village Clerk’s Office.
(Operating Budget)
NEXT BOARD OF TRUSTEES MEETING - FEBRUARY 3, 2022
(01/12/22)
2
11. Village Building and Vehicle Cleaning Services - Ratify - A-1 Professional Cleaning and
Maintenance Services, Inc. - Extension of Contract.
• Board authorization is requested to ratify an extension of the existing Village Building and
Vehicle Cleaning Services Contract with A-1 Professional Cleaning and Maintenance
Services, Inc., 61 Carolyn Boulevard, Farmingdale, New York. The current contract
expired in November 2021, and it is requested to extend the existing contract on a month-
to-month basis while a new contract is sought through competitive bidding. (Operating
Budget)
12. Settlement Agreement - Garden City Golf Club.
• Board authorization is requested for the Village to enter into a Settlement Agreement with
the Garden City Golf Club for reimbursement for tree damages. The Village and the
Garden City Golf Club entered into an Access and Easement Agreement in March
granting the Village the ability to undertake specific water supply infrastructure on the
Golf Club’s property. The work resulted in damage to trees on the property. The
reimbursement for the damages is $50,000.
13. Curb, Sidewalk and Road Improvements Contract - 2020-21 - Ratify - Change Orders.
• Board authorization is requested to ratify the following Change Orders for the Curb,
Sidewalk and Road Improvements Contract - 2020-21 for work performed by Roadwork
Ahead, Inc., 2186 Kirby Lane, Syosset, New York. This additional work was not part of
the original bid specifications awarded on August 13, 2020. (Capital Budget)
Account Award Amount Change Order Amount
Sidewalks $346,000 $ 52,227.00
Road Improvements $1,700,000.00 $172,238.47
Recreation
14. Pool Vinyl Liner - Accelerate Capital Project - Increase Capital Project - Use American
Rescue Plan Act (ARPA) Funds.
• Board authorization is requested for the Village to accelerate the Capital Project for the
Pool Vinyl Liner from the 2023-24 fiscal year to this fiscal year.
• Board authorization is requested to increase the Capital Project amount from $175,000 to
$250,000.
• Board authorization is requested to use the ARPA funding for this project.
15. Engage Harder Services, Inc. - On Demand Service Agreement - Routine and Emergency
Tree Work.
• Board authorization is requested to enter into a Service Agreement for both Routine and
Emergency Tree work with Harder Services, Inc., 63 Jerusalem Avenue, Hempstead, New
York. This vendor will also provide the services of a “Certified Arborist” to assist the
Village in individual tree evaluation and long term assessment of the Village’s tree
inventory as per the rates on file in the Village’s Clerk’s Office. This Agreement has been
approved by Counsel as to form. (Operating Budget)
NEXT BOARD OF TRUSTEES MEETING - FEBRUARY 3, 2022 (01/12/22)
3
Village Administrator
16. Engagement of Professional Services Transfer of Funds - Total Technology Solutions - $59,120.
• Board authorization is requested to transfer funds as follows:
o $42,000 to Central Data Processing - Consultant Fees, $35,000 from Central Data
Processing - Regular Salary and $7,000 from Central Data Processing - Part Time
Help to cover technical support provided by Total Technology Solutions due to the
retirement of the Village’s IT Specialist.
• Board authorization is requested to engage Total Technology Solutions, 1895 Walt Whitman
Road, Melville, New York to provide the Village with onsite technical support for 35 hours per
week for the remainder of the current fiscal year at $95 per hour for a cost of $13,855 per
month for the remainder of the fiscal year totaling $55,420 plus the addition of one (1) 20-
hour block of time at $185 per hour for an additional $3,700. This is to provide full-time IT
Support with the retirement of the Village’s IT Specialist. No additional funding is required.
(Operating Budget)
17. Computer Room Renovation - Engagement of Professional Services - H2M Architects and
Engineers - $41,000.
• Board authorization is requested to engage H2M Architects and Engineers, 538 Broad Hollow
Road, Melville, New York to provide the Village with professional services to properly
design and oversee the construction of the unique aspects and craftmanship of a secure,
environmentally controlled Data Room to house all of the Village’s servers, circuits and
infrastructure equipment. This recommendation was made by Total Technology Solutions
based on the review of five proposals received as a response to an RFP for these services
responded. (Capital Budget)
Board of Trustees
18. Settlement Agreement - PKAD (Phillipp Kampf Architecture & Design) - Fire Station #2.
• Board authorization is requested for the Mayor and/or Village Administrator to execute a
Settlement Agreement with PKAD (Phillipp Kampf Architecture & Design), 107 Center
Street, Bay Shore, New York in the amount of $145,000 in connection with architectural
work for Fire Station #2, subject to Counsel’s approval of the form of Agreement and
exchange of General Releases. The Village engaged PKAD to provide certain
architectural services, however, the work was not completed, and the parties are in
dispute as to the fees now owed. This settlement authorization will resolve PKAD’s claim
for $175,000.
Library
19. Garden City Library Children’s Reading Room Rehabilitation - Amend Budget - Transfer of
Funds - Change Order - Engagement of Professional Services - H2M Architects and
Engineers.
• Board authorization is requested to amend the current budget of the Children’s Reading Room
Rehabilitation Project by $175,000 from the current $845,000 to $1,020,000 to incorporate
the design changes outlined in the Change Order below. This budget amendment is based on
values determined by the architects October Cost Opinion and may not reflect the final bid
amounts. This change does not incorporate any changes in materials (Corian) for the
expanded Circulation Desk.
NEXT BOARD OF TRUSTEES MEETING - FEBRUARY 3, 2022
(01/12/22)
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• Board authorization is requested to transfer funds as follows: $175,000 from Contingent to
Capital Projects, to fund the Library Children’s Room Project.
• Board authorization is requested to transfer funds as follows: $9,300 from Contingent to
Capital Projects, to fund the Change Order below for the Library Children’s Room Project
• Board authorization is requested for a Change Order for H2M Architects and Engineers, 538
Broad Hollow Road, Melville, New York, in the amount of $9,300 to provide professional
architectural services for the redesign of the Circulation and Children’s Reference Desks,
addition of a sink to the Workshop Room, and changing ceiling clouds for the proposed
Children’s Room Renovations at the Garden City Public Library, as an amendment to the
current contract.(Capital Budget)
External Communications
Permits
Parade
20. Irish American Society of Nassau, Suffolk and Queens, Inc., requesting to hold its annual
St. Patrick’s Day Parade on Sunday, March 6, 2022 beginning at 1:00 p.m.
• They are requesting authorization to assemble in the parking lot between the Supreme
Court and County Court Courthouses and to parade on County Seat Drive north to Old
Country Road, left onto Old Country Road and right onto Mineola Boulevard to Jericho
Turnpike.
21. Garden City Teacher's Association, requesting to hold a Fun/Walk 1.5 Mile Race
and timed 5K run for Charity (Garden City for a Cure), on Saturday, April 9, 2022
beginning at 9:00 a.m.
• This is subject to the approval and coordination of the Police and Fire Departments.
Solicit:
22. Mr. Anthony Sampogna, 102 Rosalind Road, Yaphank, New York, requesting a permit to
operate a mobile knife and tool sharpening business in Garden City, for the year 2022.
On-Street Parking
23. a) Yolanda Chiarello, 23 Meadow Street (1)
b) Michael Knechtges, 18 Franklin Court (2)
IX. Citizen Comment on non-agenda items. (limited to four minutes each)
X. Adjournment.
NEXT BOARD OF TRUSTEES MEETING - FEBRUARY 3, 2022 (01/12/22)
5
INCORPORATED VILLAGE OF GARDEN CITY
LOCAL LAW NO. 1-2022
A LOCAL LAW CLARIFYING PERSONS RESPONSIBLE FOR THE PAYMENT OF A
“LEGALIZATION FEE”, AND THE CIRCUMSTANCES UNDER WHICH SUCH FEE IS
DUE UNDER VILLAGE CODE 68-5D
WHEREAS, it has been drawn to the attention of the Board of Trustees that not all of its
residents are aware of the current reasonable practice and policy of the Building Superintendent to
deny new Building Department Permits to applicants for construction/installation work in
instances wherein the applicant is currently maintaining premises with construction/installation
work which required a permit prior to the construction/installation work, but for which no permit
was applied nor issued; and
WHEREAS, such practice and policy does and will subject some applicants to the
“legalization fee” required by Code 68-5.D, which fee is designed to address the additional work
of the Village in inspecting work without the advantage of advance plans and specifications,
ongoing inspections during construction/installation, and other requirements placed upon
applicants which make for more efficient and responsible compliance with
construction/installation laws designed to protect the health and safety of village residents; and
WHEREAS, this Board believes such existing Building Department practice and policy
furthers the interests of the Village in providing cost-effective and safe construction and
installations for its residents; now, therefore,
BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF GARDEN CITY
AS FOLLOWS:
Section 1. Section 68-5.D of the Village Code of the Village of Garden City is hereby
amended to read as follows:
68-5.D. Legalization Fee. Whenever a permit holder or permit applicant or other
person seeks to legalize work, or is required to legalize work, that was or is being performed
without a permit required under this Chapter, they such permit holder or permit applicant or
other person shall pay a legalization fee equal to three times the application fee. The legalization
fee shall be in addition to any and all other application and inspection fees charged by the
Department. No new permit for construction or installation work, nor any Certificate of
Occupancy, Certificate of Completion or Letter in Lieu shall be issued until the legalization fee
for existing construction and/or installations and all other applicable fees are paid in full.
Notwithstanding the foregoing, for applications filed during the period from February 1,
2022 through July 30, 2022, no Legalization Fee shall be charged to any applicant or other
person seeking to legalize work, or who is required to legalize work, that was or is being
performed without a permit required under this Chapter.
Section 3. This Local Law shall take effect immediately.
BOARD OF TRUSTEES
DECEMBER 9, 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 December 9, 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,
Louis M. Minuto (via Zoom) 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
Matthew Pearn, Assistant Chief, Fire Department
Peter Bee, Bee Ready Fishbein Hatter & Donovan, LLP
Attendance: Approximately 17 in person and 22 via Zoom
The Clerk reported that due notice of this meeting had been served on each member
of the Board.
Mayor Veneziale stated that Associate Justice Brian T. Deveny resigned his
position as the Village’s Associate Justice as of December 13, 2021. Mr. Deveney was an
Associate Justice in for our Court since 1997. He thanked him for all of the time that he
gave to the Village.
Mayor Veneziale called upon Ralph Suozzi along with the Department Heads who
spoke about their agenda items.
Mayor Veneziale stated that the next item on the agenda was approval of the
minutes of the last meetings of the Board of Trustees.
The minutes of the special meeting held on November 17, 2021 (Fire Committee
Presentation) were reviewed, and on motion of Trustee Chester were approved as
presented.
The minutes of the regular meeting held on November 18, 2021 were reviewed, and
on motion of Trustee Chester were approved as presented.
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NEW BUSINESS
FORMAL AGENDA
1. Set Date for Public Hearing - A Local Law clarifying persons responsible for
the payment of a “Legalization Fee”, and the circumstances under which such fee is due
under Village Code 68-5D. After discussion, Trustee Delany introduced the following
resolution and moved its adoption:
RESOLUTION NO. 115-2021
RESOLVED, that the Board of Trustees hold a public hearing on a proposal to
enact a Local Law entitled, A Local Law clarifying persons responsible for the payment of
a “Legalization Fee”, and the circumstances under which such fee is due under Village
Code 68-5D.
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 13th day of January 2022.
The adoption of the foregoing resolution was duly put to a vote which resulted as
follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
CONSENT CALENDAR
FINANCE
1. Annual Grievance Day Hearing. Board authorization is requested for the
Grievance Day Hearing to be held on Tuesday, February 15, 2022, on the Tentative 2022
Assessment Roll of the Village and recommended that the Board fix the hours from 5:30
p.m. to 9:30 p.m. for this hearing.
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 116-2021
RESOLVED, that pursuant to Section 1408 of the Real Property Tax Law, a
meeting of the Board of Review be held in the Village Hall, 351 Stewart Avenue, Garden
City, New York on Tuesday, February 15, 2022, from 5:30 p.m. to 9:30 p.m. for the
2
purpose of completing the Village Assessment Roll for the year 2022 and of hearing and
determining complaints in relation thereto; and
FURTHER RESOLVED, that the Clerk be and she hereby is directed to give due
notice of such hearing in accordance with the requirements of Section 1406 of the Real
Property Tax Law.
The vote on the foregoing resolution was as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
2. Tax Certiorari Settlements. Board authorization is requested to settle the
following tax certioraris as outlined by Counsel:
(a) Gordon Hillside Corp. Board authorization is requested for the proposed
settlement with Gordon Hillside Corp., with regard to warehouses located at 99 Second
Avenue and 77 Second Avenue, Garden City, Account Nos. 06454-0-001, 06430-0-001
and 06429-0-001, which would result in a refund of $9,000 for tax years 2016/17 through
the current year 2021/22 and a new assessment of $26,500 effective 2022/23.
Trustee Delany offered the following resolution and moved its adoption:
RESOLUTION NO. 117-2021
WHEREAS, Gordon Hillside Corp., has commenced proceedings pursuant to the
Real Property Tax Law to review the assessment on properties located at 99 Second
Avenue and 77 Second Avenue in the Village of Garden City for the tax years 2016/17
through 2021/22 and a new assessment of $26,500 effective 2022/23; and
WHEREAS, the petitioner, after discussion with the Village Assessor and Village
Counsel, has offered to settle these proceedings; and
WHEREAS, the Village Assessor and Village Counsel have recommended that
these matters be settled upon the terms and conditions set forth below;
NOW, THEREFORE, BE IT RESOLVED, that Village Counsel is hereby
authorized to settle such proceedings by stipulation and consenting to an order directing a
refund of $9,000, for tax years 2016/17 through current year 2021/22 and a new assessment
of $26,500 effective 2022/23, for the property described on the Village Assessment Roll
as 99 Second Avenue and 77 Second Avenue, Account Nos. 06454-0-001, 06430-0-001
and 06429-0-001.
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The adoption of the foregoing resolution was duly put to vote on roll call which
resulted as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
(b) 130 Real Estate Holding Corp. Board authorization is requested for the
proposed settlement with 130 Real Estate Holding Corp., with regard to an office building
located at 130 Franklin Avenue, Garden City, Account No. 02236-0-001, which would
result in a refund of $5,000 for tax years 2017/18 through the current year 2020/21 and a
new assessment of $11,000, effective 2022/23.
Trustee Delany offered the following resolution and moved its adoption:
RESOLUTION NO. 118-2021
WHEREAS, 130 Real Estate Holding Corp., has commenced proceedings pursuant
to the Real Property Tax Law to review the assessment on property located at 130 Franklin
Avenue in the Village of Garden City for the tax years 2017/18 through 2021/22 and a new
assessment effective 2022/23; and
WHEREAS, the petitioner, after discussion with the Village Assessor and Village
Counsel, has offered to settle these proceedings; and
WHEREAS, the Village Assessor and Village Counsel have recommended that
these matters be settled upon the terms and conditions set forth below;
NOW, THEREFORE, BE IT RESOLVED, that Village Counsel is hereby
authorized to settle such proceedings by stipulation and consenting to an order directing a
refund of $5,000 for tax years 2017/18 through 2021/22 and a new assessment of $11,000
effective 2022/23, for the property described on the Village Assessment Roll as 130
Franklin Avenue, Account No. 02236-0-0001.
The adoption of the foregoing resolution was duly put to vote on roll call which
resulted as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
(c) LT Propco. Board authorization is requested for the proposed settlement with
LT Propco, with regard to the retail building located at 1200 Franklin Avenue, Garden
City, Account No. 03048-0-001 which would result in a refund of $70,000 for tax years
2015/16 through current fiscal year 2021/22 and no change in assessment.
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Trustee Delany offered the following resolution and moved its adoption:
RESOLUTION NO. 119-2021
WHEREAS, LT Propco, has commenced proceedings pursuant to the Real Property
Tax Law to review the assessment on property located at 1200 Franklin Avenue in the
Village of Garden City for the tax years 2015/16 through 2021/22 with no change to the
assessment; and
WHEREAS, the petitioner, after discussion with the Village Assessor and Village
Counsel, has offered to settle these proceedings; and
WHEREAS, the Village Assessor and Village Counsel have recommended that
these matters be settled upon the terms and conditions set forth below;
NOW, THEREFORE, BE IT RESOLVED, that Village Counsel is hereby
authorized to settle such proceedings by stipulation and consenting to an order directing a
refund of $70,000 for tax years 2015/16 through 2021/22 and no change in assessment, for
the property described on the Village Assessment Roll as 1200 Franklin Avenue, Account
No. 03048-0-001.
The adoption of the foregoing resolution was duly put to vote on roll call which
resulted as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
(d) Steel Garden II, LLC. Board authorization is requested for the proposed
settlement with Steel Garden II, LLC, with regard to the office building located at 1401
Franklin Avenue, Garden City, Account Nos. 04210-0-001, 04211-0-001, 04216-0-001
and 04217-0-001 which would result in a refund of $20,000 for tax years 2016/17 through
the current year 2021/22 and a new assessment of $100,000 effective 2022/23.
Trustee Delany offered the following resolution and moved its adoption:
RESOLUTION NO. 120-2021
WHEREAS, Steel Garden II, LLC, has commenced proceedings pursuant to the
Real Property Tax Law to review the assessment on property located at 1401 Franklin
Avenue in the Village of Garden City for the tax years 2016/17 through the current year
2021/22 and a new assessment of $100,000 effective 2022/23; and
WHEREAS, the petitioner, after discussion with the Village Assessor and Village
Counsel, has offered to settle these proceedings; and
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WHEREAS, the Village Assessor and Village Counsel have recommended that
these matters be settled upon the terms and conditions set forth below;
NOW, THEREFORE, BE IT RESOLVED, that Village Counsel is hereby
authorized to settle such proceedings by stipulation and consenting to an order directing a
refund of $20,000 for tax years 2016/17 through the current year 2021/22 and a new
assessment of $100,000 effective 2022/23, for the property described on the Village
Assessment Roll as 1401 Franklin Avenue, Account Nos. 04210-0-001, 04211-0-001,
04216-0-001 and 04217-0-001.
The adoption of the foregoing resolution was duly put to vote on roll call which
resulted as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
(e) 222 OCR, LLC. Board authorization is requested for the proposed settlement
with 222 OCR, LLC, with regard to the office building located at 222 Old Country Road,
Garden City, Account Nos. 02308-0-001, 04341-0-001, 04342-0-001 and 04343-0-001
which would result in a refund of $7,500 for tax years 2016/17 through the current year
2021/22 and no new assessment.
Trustee Delany offered the following resolution and moved its adoption:
RESOLUTION NO. 121-2021
WHEREAS, 222 OCR, LLC, has commenced proceedings pursuant to the Real
Property Tax Law to review the assessment on property located at 222 Old Country Road
in the Village of Garden City for the tax years 2016/17 through the current year 2021/22;
and
WHEREAS, the petitioner, after discussion with the Village Assessor and Village
Counsel, has offered to settle these proceedings; and
WHEREAS, the Village Assessor and Village Counsel have recommended that
these matters be settled upon the terms and conditions set forth below;
NOW, THEREFORE, BE IT RESOLVED, that Village Counsel is hereby
authorized to settle such proceedings by stipulation and consenting to an order directing a
refund of $7,500 for the tax years 2016/17 through the current year 2021/22, and no new
assessment, for the property described on the Village Assessment Roll as 222 Old Country
Road, Account Nos. 02308-0-001, 04341-0-001, 04342-0-001 and 04343-0-001.
The adoption of the foregoing resolution was duly put to vote on roll call which
resulted as follows:
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AYES: 8
NOES: 0
The resolution was declared adopted.
3. Transfer of Funds. Board authorization is requested to transfer funds as follows:
$20,000 to Account 0A.1620.4030 Building - Maintenance of Plant, from Account
0A.1440.1010 Engineering - Regular Salary, to replenish the account for building repairs.
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.
4. Audit Report. The Village has received the final Audit Report for the fiscal year
ended May 31, 2021. The Village’s Financial Statements and the Audit Report were
reviewed with the Village’s Finance and Audit Committee.
On motion of Trustee Delany and unanimously carried, the Independent Auditor’s
Report was accepted.
SICK LEAVE
POLICE
1. Sick Leave - Five Employees. Board authorization is requested to pay Police
Sergeant Keith Wehr, Police Communications Operator Kerri Hiotidis, Police Officer Jana
Wiggins, Police Officer Amir Latif and Police Officer Thomas Schade, through January
13, 2022, 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 and 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.
RECREATION
2. Sick Leave - Two Employees. Board authorization is requested to pay David
Broas, Senior Motor Equipment Operator, Recreation and Parks Department and Steve
Espey, Recreation Supervisor, Recreation Department through January 13, 2022, 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.
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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, Anthony Calise, Motor Equipment Operator, Street
Department and John K. Valentine, Motor Equipment Operator, Street Department,
through January 13, 2022, 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.
4. Sick Leave - Obando. Board authorization is requested to pay Roger A. Obando,
Motor Equipment Operator, Street Department through January 10, 2022, 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.
POLICE
1. Increase Capital Budget Line - Infrared Camera Component. Board
authorization is requested for the Village to increase the Mobile Data Unit budgeted
amount of $22,800 in the Capital Project for Account 0A.1680.2050 Data Processing -
Police. The increase of $1,662.28 is due to the addition of an infrared camera component
in the equipment which will aid in nighttime investigations. Additional funding is not
needed due to savings from the new Voice Recording Server.
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
AWARD OF BIDS
1. Tree and Shrub Planting Program - 2021-2022. Reported that a tabulation of
bids had been circulated to each member of the Board for the Tree and Shrub Planting
Program for 2021-2022 and recommended that the bid be awarded to Louis Barbato
Landscaping, Inc., 1600 Railroad Avenue, Holbrook, New York, low bidder for a total cost
of $71,717. Funds are available in Account 0H.7140.2001. Specification pickups reached
a total of nine companies and three bids were received. A Notice to Bidders was sent to
8
McGraw Hill Information Systems and CMD Group and Bid Specifications were
advertised on New York State Contract Reporter.
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 122-2021
RESOLVED, that the proposal of Louis Barbato Landscaping, Inc., 1600 Railroad
Avenue, Holbrook, New York, be and the same hereby is accepted, this being the lowest
and best bid received.
FURTHER RESOLVED, that the Village Administrator and Clerk be and they
hereby are authorized on behalf of the Village to execute a contract with Louis Barbato
Landscaping, Inc., for this work, pursuant to the terms and conditions set forth in the
request for bids and in the proposal submitted by said Company, the form of contract to be
approved by Village Counsel; and
FURTHER RESOLVED, that all other bids be rejected.
The vote on the foregoing resolution was as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
EXTERNAL COMMUNICATIONS
PERMITS:
On-Street Parking
1. (a) Sophia Chiarello, 23 Meadow Street (1)
On motion of Trustee Delany and unanimously carried, the aforesaid authorization
was approved.
2. Chris Werle addressed the Board of Trustees and advised that he is withdrawing
the use of “yurts” and heaters for Novita, 860 Franklin Avenue and Waterzooi, 850
Franklin Avenue. He requested that they be allowed to continue their outdoor dining as
they have it set up now.
After some discussion by the Board of Trustees, Trustee Minuto made a motion
that Novita and Waterzooi be given an Outdoor Dining Extension through October 30,
2022 provided that the Building Department work with the applicant to be sure that all
safety requirements are met before an extension of the existing License Agreement is given
9
by the Village Clerk’s Office. It is also understood that they will continue to comply with
New York State Liquor Authority and Fire Marshal Guidelines. The aforesaid
authorization was approved provided that the guidelines listed above are followed.
Mayor Veneziale recognized the following:
Ray Easley and Lillian Scrivano, 38 Pell Terrace
Chris Werle, 850/860 Franklin Avenue
Richard Corrao, 197 Meadbrook Road
James Kumpel, 224 Kensington Road
Charles Kelly, 211 Kilburn Road
Willliam Bellmer, 156 Poplar Street
Arnold Finamore, 134 Tanners Pond Road
Paul Rothenbiller, 216 Kensington Road
On motion of Trustee Delany and unanimously approved, the Board recessed to
executive session at 9:05 p.m. for advice of Counsel. The Board reconvened at 10:45 p.m.
There being no further business, on motion duly made, the meeting adjourned at
10:46 p.m.
10
BOARD OF TRUSTEES
DECEMBER 10, 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 and Village Counsel
and audience present) at the Village Hall, 351 Stewart Avenue in said Village on December
10, 2021, at 5:16 p.m.
Present: Mayor Cosmo Veneziale, Trustees Bruce J. Chester, John M.
Delany, Terence P. Digan (via Zoom), Mary Carter Flanagan,
Colleen E. Foley, Louis M. Minuto (via Zoom) and Thomas J.
O’Brien (via Zoom).
Also Present: Ralph V. Suozzi, Village Administrator
Peter Bee, Bee Ready Fishbein Hatter & Donovan, LLP
Attendance: Approximately 5 in person and 3 via Zoom
The Village Administrator reported that due notice of this meeting had been served
on each member of the Board.
NEW BUSINESS
CONSENT CALENDAR
BOARD OF TRUSTEES
1. Transfer of Funds. Board authorization is requested to transfer funds as follows:
$100,000 to Account 0A.1420.4350 Litigation, from Account 0A.1990.4000 Contingent,
funds are needed to continue to engage the law firm of Berkman, Henoch, Peterson, Peddy
& Fenchel, P.C. with regard to the appeals regarding the Long Island Railroad.
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. Metropolitan Transportation Authority and Long Island Railroad Company v.
Incorporated Village of Garden City, Appeal. Board authorization is requested to authorize
and direct Special Counsel Joseph Macy (Law Firm of Berkman, Henoch, Peterson, Peddy
& Fenchel, P.C.) to continue to take all necessary steps to appeal (and perfect the appeal)
in the case of Metropolitan Transportation Authority and Long Island Rail Road Company
v. Incorporated Village of Garden City, (Nassau County Supreme Court Index No.
606976/2021).
On motion of Trustee Delany the following resolution was offered:
1
RESOLUTION NO. 123-2021
WHEREAS, the Metropolitan Transportation Authority (the “MTA”) and the Long
Island Rail Road Company (the “LIRR”) have instituted litigation against the Village of
Garden City in connection with the Village’s refusal to issue certain permits; and
WHEREAS, the Village did engage the services of Joseph Macy (Law Firm of
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.) to defend such litigation pursuant to
a certain retainer agreement on file with the Village Clerk; and
WHEREAS, the Nassau County Supreme Court did issue a determination adverse
to the Village:
NOW, THEREFORE, BE IT RESOLVED that Special Counsel Joseph Macy (Law
Firm of Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.) be and he hereby is
authorized and directed to take all necessary steps to continue to appeal (and perfect the
appeal) in the case of Metropolitan Transportation Authority and Long Island Rail Road
Company v. Incorporated Village of Garden City, (Nassau County Supreme Court Index
No. 606976), and to take such other steps as may be necessary and appropriate in
connection therewith to protect and preserve the claims and defenses of the Village, all
pursuant to the terms of the retainer agreement previously approved and on file with the
Village Clerk.
The vote on the foregoing resolution was as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
3. Inc. Village of Garden City v. Metropolitan Transportation Authority, Long
Island Rail Road Company, Long Island Power Authority, Public Service Enterprise
Group, Inc., and PSEG Long Island, LLC, Appeal. Board authorization is requested to
authorize and direct Special Counsel Joseph Macy (Law Firm of Berkman, Henoch,
Peterson, Peddy & Fenchel, P.C.) to take all necessary steps to continue to appeal (and
perfect the appeal) in the case of the Incorporated Village of Garden City v. Metropolitan
Transportation Authority, Long Island Rail Road Company, Long Island Power Authority,
et al. (Nassau County Supreme Court Index No. 601361/2021).
On motion of Trustee Delany the following resolution was offered:
RESOLUTION NO. 124-2021
WHEREAS, the Village of Garden City did claim that the Metropolitan
Transportation Authority, the Long Island Rail Road Company, the Long Island Power
Authority, and Public Service Enterprise Group, Inc., and PSEG Long Island, LLC, did act
2
unlawfully in connection with the installation of certain “poles” to the south the rail road
tracks near the Merillon Avenue Train Station; and
WHEREAS, the Village did heretofore institute litigation against such parties in an
effort to cause such poles to be removed; and
WHEREAS, the Village did engage the services of Joseph Macy (Law Firm of
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.) to prosecute such litigation pursuant
to a certain retainer agreement on file with the Village Clerk; and
WHEREAS, the Nassau County Supreme Court thereafter issued a determination
adverse to the Village;
NOW THEREFORE BE IT RESOLVED that Special Counsel Joseph Macy (Law
Firm of Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.) be and he hereby is
authorized and directed to take all necessary steps to continue to appeal (and perfect the
appeal) in the case of Incorporated Village of Garden City v Metropolitan Transportation
Authority, Long Island Rail Road Company, Long Island Power Authority, and Public
Service Enterprise Group, Inc., and PSEG Long Island, LLC (Nassau County Supreme
Court Index No. 601361), and to take such other steps as may be necessary and appropriate
in connection therewith to protect and preserve the claims and defenses of the Village, all
pursuant to the terms of the retainer agreement previously approved and on file with the
Village Clerk.
The vote on the foregoing resolution was as follows:
AYES: 8
NOES: 0
The resolution was declared adopted.
There being no further business, on motion duly made, the meeting adjourned at
5:25 p.m.
3
BOARD OF TRUSTEES
DECEMBER 30, 2021
A special meeting of the Board of Trustees of the Village of Garden City in the
County of Nassau, New York, was held via Zoom on December 30, 2021, at 11:00 a.m.
Present: Trustees Bruce J. Chester, 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
Giuseppe Giovanniello, Superintendent of Building Department
Joseph Macy, Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
Absent: Mayor Cosmo Veneziale.
Attendance: None
The Village Administrator reported that due notice of this meeting had been served
on each member of the Board.
Deputy Mayor O’Brien called the meeting to order and Trustee Foley made a
motion, which was unanimously approved, to recess into executive session and stated that
the purpose of the executive session was advice of counsel. The Board reconvened at 11:40
a.m.
On motion of Trustee Delany and unanimously carried, it was decided that a Road
Opening Permit would be issued as set forth in the language that Counsel Joseph Macy
(Law Firm of Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.) suggested along with a
cover letter to the Long Island Railroad that the Village is willing to sit down with them to
discuss the roadway configuration and that the Village will further allow the Village
Administrator to hire an outside surveyor to survey the property as quickly as possible.
There being no further business, on motion duly made, the meeting adjourned at
11:45 a.m.
07 January 2022
Mr. Ralph Suozzi
Village Administrator
Village of Garden City, New York, NY 11530
Ms. Marianne Malagon
Library Director
Garden City Public Library
60 7th Street
Garden City, NY 11530
Re: Proposal for Professional Architectural & Engineering Services
Re-design of Circulation and Children’s Reference Desks, and addition of sink in Workshop
Room for the Children’s Room Renovation at Garden City Public Library
Dear Mr. Suozzi and Ms. Malagon:
H2M is pleased to provide this proposal for professional architectural services for the redesign of the
Circulation and Children’s Reference Desks, addition of a sink to the Workshop Room, and changing ceiling
clouds, for the proposed Children’s Room Renovations at the Garden City Public Library, as an amendment
to the current contract.
H2M has had the privilege to work with the Village and the Garden City Public Library on the design and
construction documents for this project. The Village of Garden City and the Library Board requested a
redesign of the Circulation and Children’s Reference Desks, as well as the display counter between the
desks, related to the Children’s Room renovation project. The following is a summary of the scope of work
and fee for this service.
Scope of Services:
Task 1 – Desk Redesign
▪ H2M will redesign the Circulation and Children’s Reference Desks based on comments provided by
the Village and Library. Includes overall shape of the desk, countertop material change to natural
stone, and changing finish of exposed surfaces not in public view.
▪ H2M will design a custom counter in the display area between the desks to match the aesthetic,
materials, and profile of the desks.
▪ H2M will incorporate the revised documents, including drawings and specifications, as part of the
Construction Documents to be used for bidding the project.
Task 2 – Workshop Room Sink
▪ H2M will design a single basin sink with faucet, and supply and waste piping in the Workshop Room
using the existing plumbing drawings previously provided by the Library.
▪ H2M will provide plumbing plans, riser diagrams and technical specification as part of the
Construction Documents to be used for bidding the project.
H2M Architects, Engineers, Land Surveying and Landscape Architecture, DPC (NY) offers its services in NY only
H2M Architects & Engineers, Inc. (NJ) offers its services in NJ, CT, MA, PA, VA only
H2M Associates, Inc. (NJ) offers its engineering, land surveying, landscape architecture services in NJ only h2m.com
Garden City Public Library
07 January 2022
Page 2 of 3
Task 3 – Change to Ceilings
▪ H2M will revise ceiling cloud design to align with Reference Desk below, and revise ceiling cloud
material to gypsum board with painted finish. Will include updating related items such as could
mounted lighting and HVAC grills.
▪ H2M will revise the lighting layout in the Reading Room to be located completely around the circular
soffit.
▪ H2M will incorporate the revised documents, including drawings and specifications, as part of the
Construction Documents to be used for bidding the project.
In addition to the changes listed above, documents will be updated to remove all Bid Alternates include all items
as part of the base bid.
Compensation Schedule:
H2M proposes to perform the services described above:
1. Task 1: lump sum fee $4,700.00
2. Task 2: lump sum fee $1,800.00
3. Task 3: lump sum fee $3,000.00
Total: $9,300.00
For all services not specifically mentioned in the above, H2M shall provide the Project Team with additional
services proposals for approval. No additional work shall be completed without written authorization by the
Village.
Billings and Payments
Billing
1. Billing for lump sum services shall be monthly and based upon an estimated percent of completed
work as defined by H2M:
2. Additional services shall not be performed without written consent form the Project Team and/or
Village Board. Any such services shall be billed in accordance with our hourly rate schedule attached
or negotiated lump sum fee proposals.
Proposal Stipulations
1. All work shall be performed in accordance with the terms and conditions outlined in the Standard
Terms and Conditions for Services included with previously signed agreements related to the above
referenced project.
The scope of work does not include performing the following professional services: Identified below
are some possible items that may be desired that are not included in the proposal, and can be provided by
H2M on an hourly basis, or can be provided under a separate proposal per the Owner’s request:
• Additional design or construction administration meetings, in addition to those previously
identified in other signed agreements.
• Attendance at municipal meetings/public hearings, in addition to those previously identified in
other signed agreements.
• Renderings of revised designs.
• Other exceptions identified in previously signed agreements related to the project referenced
above.
Garden City Public Library
07 January 2022
Page 3 of 3
Please confirm your acceptance of this proposal and authorization of same as Contract for services offered
by affixing your signature where indicated on the last page of the proposal.
If you have any further questions regarding the above letter, please contact the undersigned at
(631) 756-8000 extension 1330.
Very truly yours,
H2M architects + engineers
Guy Y. Page, RA Erik Heuler, RA, LEED AP
Senior Vice President Project Architect
Enclosure
cc:
PROPOSAL AGREED & ACCEPTED BY:
Signature:
Print Name:
Title:
Client: Garden City Public Library
Address: 60 7th Street
Date:
X:\GCPL (Garden City Public Library)\GCPL2002_Children's Room\00-ProjectAdmin\Agreements\GCPL2002 Desk Re-design.docx
The Irish American Society of Nassau, Suffolk and Queens, Inc.
297 Willis Avenue, Mineola, New York 11501
Officers
Brigid McNulty
President
Jeff Clark
First Vice President
December 3, 2021
Helena McKenna
Second Vice President
Mayor Cosmo Veneziale
Patrick Kerins
Treasurer
Village of Garden City
Aileen Scott
351 Stewart Ave
Assistant Treasurer Garden City, NY 11530
Rosemarie Byrne
Financial Secretary
Re: 2022 St. Patrick’s Parade
Dolores Casey
Assistant Financial
Secretary Dear Mayor Veneziale,
Lena Kelly
Recording Secretary
The Irish American Society’s 2022 St. Patrick’s parade has been scheduled for March
Elizabeth McLoughlin
Corresponding Secretary
6th. As we have for the past few years, it is our intention to assemble in the parking lot
Pat O’Hanlon
between the Supreme Court and County Court courthouses. The parade will proceed to
Sgt. at Arms County Seat Drive north to Old Country Road, left onto Old Country Road and right onto
Board of Directors Mineola Boulevard to Jericho Turnpike.
Rita Lydon-Lenz
Board Chairperson
Michelle Byrne At this time, we request your permission to parade on County Seat Drive on Sunday
Rosemarie Byrne
Jeff Clark March 6th, 2022, beginning at 1:00 p.m. We will have clean-up crews policing the area
Maureen Corrigan to make sure there is no debris left behind.
Brendan Kerins
Patrick Kerins
Mary Lennon Thank you for your time and attention and I look forward to hearing from you.
Eileen McCarthy
Betty McLoughlin
Brigid McNulty Sincerely,
Mary O’Connor
Ciara Pfaff
Aileen Scott Jeff
P.J. Smith
Theresa Smith Jeff Clark
Parade Chairman
Board of Trustees
Dolores Casey
Nancy Doyle
Terry Doyle
Mike Shea
Kit Smith
516-746-9392 email irishamericansocietyny@gmail.com www.irishamericansoc.com fax 516-742-7086
Facebook: Irish American Society of Nassau, Suffolk, and Queens
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