Board of Trustees

BOARD OF TRUSTEES MARCH 7, 2024 A meeting of the Board of Trustees of the Village of Garden City in the County of Nassau, New York, was held via Zoom Webinar (with Trustees, Department Heads and Village Counsel and audience present in the Board Room) at 351 Stewart Avenue in said Village on March 7, 2024 at 7:30 p.m. Present: Mayor Mary Carter Flanagan, Trustees Bruce J. Chester, Edward T. Finneran, Michele Beach Harrington, Charles P. Kelly, Lawrence N. Marciano, Jr., Michael J. Sullivan and Bruce A. Torino. Q Also Present: Ralph V. Suozzi, Village Administrator Kelly Galanek, Village Clerk Inspector Gerard Kniesel, Police Department Irene Woo, Village Treasurer Giuseppe Giovanniello, Superintendent of Building Department Matthew Pearn, Chief Fire Department Paul Blake, Chairman, Board of Commissioners of Cultural and Recreational Affairs John Borroni, Superintendent of Public Works Gary Fishberg, Village Counsel, Cullen and Dykman, LLP Attendance: Approximately 16 in person and 27 (via Zoom) The Clerk reported that due notice of this meeting had been served on each member of the Board. Mayor Flanagan announced that the Mayor’s Advisory Committee will be giving a presentation on Community Centers on Saturday, March 16th and Saturday, March 23rd, from 2 p.m. to 4 p.m. at the Garden City Library. This is an opportunity for residents to learn more about the research they have done on community centers in the area and what they can offer residents of our community. Mayor Flanagan stated that the evening will begin with the Board of Trustees taking Quick Residents comments from those who wish to speak about any item for no more than one minute each for a limit of thirty minutes. Mayor Flanagan called upon Ralph Suozzi along with the Department Heads who spoke about their agenda items. Mayor Flanagan stated that the next item on the agenda was a public hearing with regard to a Local Law to establish standards for the maintenance of vacant buildings and the establishment of vacant buildings and real property in default registries. This proposed Local Law No. 2 of 2024 shall take effect immediately upon filing in the office of the New York Secretary of State in accordance with the Municipal Home Rule Law. Trustee Finneran 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 Kelly and unanimously carried, the public hearing was closed. On motion of Trustee Kelly the following resolution was offered to adopt Local Law No. 2-2024: RESOLUTION NO. 26-2024 INCORPORATED VILLAGE OF GARDEN CITY LOCAL LAW NO. 2-2024 BE IT ENACTED BY THE VILLAGE OF GARDEN CITY BOARD OF TRUSTEES AS FOLLOWS: Chapter __ Vacant Buildings Article 1. General Provisions § 1. Legislative findings and purpose. It is the purpose and intent of the Village to establish a process and address abandoned and vacant buildings, foreclosed properties and properties in foreclosure located within the Village. Such properties are unsightly and unsafe and can have a negative impact on their surroundings and neighborhoods and can have a negative impact on property values and tax base. The purpose of this Chapter is to establish requirements for the identification, registration, inspection, maintenance and securing of such buildings and properties. § 2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings indicated in this Section: BUILDING INSPECTOR Village of Garden City Superintendent of Buildings or his designee. OWNER Those shown to be the owner or owners on the records of the Village, those identified as the owner(s) on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm, corporation or entity in control of the premises. Any such person shall have joint and several obligations for compliance with the provisions of this Chapter. SECURED BY OTHER THAN NORMAL MEANS A building secured by means other than those used in the design of the building. UNOCCUPIED A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by the Building Inspector. In determining whether a building is unoccupied, the Building Inspector may consider, among other factors, the following: A. Whether lawful residential or business activity has ceased. B. Whether the building is substantially devoid of contents or contains only fixtures or personal property of a minimal value. C. Whether the building lacks utility services. D. Whether the building is the subject of a foreclosure action. E. The presence or recurrence of code violations. UNSECURED A building or portion of a building which is open to entry by unauthorized persons w i t h o u t t h e u s e o f tools or ladders. VACANT BUILDING A building o r m a j o r p o r t i o n o f a b u i l d i n g w h i c h i s : A. Unoccupied and unsecured; B. Unoccupied and secured by other than normal means; C. Unoccupied and an unsafe building as determined by the Building Inspector;  D. Unoccupied and has multiple housing or Building Code violations; E. I l l e g a l l y occupied; F. Unoccupied for a period of time over 90 days, and during which time the Building Inspector has issued an order to correct code violations. Article II. Vacant Building Registry § 3. Vacant building registration. A. The owner shall register with the Village Clerk no later than 15 days after any building in the Village becomes a vacant building or not later than 15 days after being notified by the Building Inspector of the requirement to register. The Building Inspector may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other bona fide complaint that a building may be eligible for inclusion on the registry. B. The registration shall be submitted on forms provided by the Village Building Department and shall include the following information supplied by the owner: (1) A description of the premises. (2) The names, addresses, and telephone numbers of the owner or owners. If the owner is a corporation, partnership, or limited liability company, the address for each director, manager, or partner, as the case may be, shall be included. The address must include a street address; a post office box alone is not acceptable. (3) The names and addresses of all known lienholders and all other parties with an ownership interest in the building. (4) A telephone number where a responsible party can be reached at all times during business and nonbusiness hours and an email address. (5) A vacant building plan as described in Subsection C below. (6) I n c o m p l e t e r e g i s t r a t i o n f o r m s w i l l n o t b e a c c e p t e d , a n d such property shall be deemed and remain unregistered. C. The owner shall submit a vacant building plan which must meet the approval of the Building Inspector. The plan, at a minimum, must contain information from one of the following three choices for the property: (1) If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition and the proposed time frame for any necessary permitting through the Village. (2) If the building is to remain vacant, a plan for the securing of the building in accordance with standards provided in Article III of this Chapter and/or the New York State Uniform Code, if applicable, along with the procedure that will be used to monitor and maintain the property in accordance with Article III of this Chapter, and a statement of the reasons why the building will be left vacant. (3) If the building is to be returned to appropriate occupancy or use, rehabilitation plans for the property. The rehabilitation plan shall not exceed 365 days, unless the Building Inspector grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. If no building permit has been applied for within the 365 days, the Building Inspector will send written notification to the owner of the lack of compliance with this section. The owner will be required to file an extension with  a revised rehabilitation plan and reasons for noncompliance. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, or building codes and must be secured in accordance with Article III of this Chapter, if applicable, during the rehabilitation. D. All applicable laws and codes shall be complied with by the owner. The owner shall notify the Building Inspector of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the Building Inspector. E. The owner and subsequent owners shall keep the building secured and safe and the building and ground properly maintained and monitored as provided in Article III of this Chapter. F. Failure of the owner or any subsequent owners to maintain the building and premises that results in remedial action taken by the Village shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by the law. G. A new owner shall register or reregister the vacant building with the V i l l a g e C l e r k within 3 0 d a y s o f a n y transfer o f a n o w n e r s h i p i n t e r e s t in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Building Inspector. H. Vacant building fees. (1) The owner of a vacant building shall pay to the Village Clerk an annual fee in such amount as determined, from time to time, by resolution of the Board of Trustees. (2) The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. (3) All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the annual fee no later than 30 days after the transfer of ownership, and subsequent annual fees shall be due on the new anniversary date. § 4. Exemptions. A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Building Inspector. This request shall include the following information supplied by the owner: A. A description of the premises. B. The names and addresses of the owner or owners. C. A statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building. § 5. Inspections. The Building Inspector shall inspect any premises in the Village for the purpose of enforcing and assuring compliance with the provisions of this Chapter. Upon the request of the Building Inspector, an owner may provide access to all interior portions of an unoccupied building in order to permit a complete inspection. Nothing contained herein, however, shall diminish the, owner's right to insist upon title procurement of a search warrant from a court of competent jurisdiction by the Building Inspector in order to enable such inspection, and the Building Inspector shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of his or her constitutional right to refuse entry without some. § 6. Failure to register; inaccurate or incomplete information. It shall be a violation of this Article for an owner or a responsible person to provide inaccurate information for the registry or rental dwelling property or to fail to provide the information required herein for the registry. Article III. Maintenance of Vacant Buildings § 7. Title. This Article shall be known as “Maintenance of Vacant Building” and is supplementary to applicable provisions of the New York State Uniform Fire Prevention and Building Code. § 8. Purpose. This Article provides standards governing the facilities and the condition and maintenance of vacant premises to safeguard the safety, health and welfare of the community. § 9. Scope. This article shall be applicable to the following: A. Lots, plots or parcels of land on which buildings designed for or developed for residential use or occupancy, mixed-occupancy buildings, nonresidential occupancy or accessory structures are located; and B. Buildings designed for or developed for residential use or occupancy, including one-family dwellings and multiple dwellings, mixed-occupancy buildings, nonresidential occupancy and accessory structures. C. Definitions in Article I of this Chapter shall apply. § 10. Entry. Provision for safe and continuous entry shall be provided to the interior of a building or structure from the exterior at a street or to a yard, court or passageway leading to a public open area at any time entry is necessary for purposes of required maintenance or inspection. § 11. Exterior protection. A. Exterior walls, including foundations, shall be maintained so that groundwater and surface water do not penetrate into basements, cellars or other interior wall areas. B. Exterior doors, windows, skylights and similar openings shall be maintained weathertight and in good condition. Doors and windows shall be locked, and hardware shall be maintained. C. Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition. D. Roofs s h a l l b e m a i n t a i n e d i n a w a t e r t i g h t c o n d i t i o n . E. Exterior surfaces shall be maintained in good condition. F. The covering for doors and windows may not consist of any substance sprayed onto the windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and, when possible, shall be secured by normal means. G. The covering for doors and windows may consist of: (1) Venetian or similar blinds. (2) D r a p e s , c u r t a i n s o r s h a d e s . (3) D e c o r a t i v e p a t t e r n e d p a p e r , n e a t l y i n s t a l l e d w i t h a l l s e a m s straight and uniformly taped. (4) Boards or similar materials finished and maintained in a manner recommended by the Building Inspector so as to blend in with the finish of the building. (5) Coverings approved by the Building Inspector and, when applicable, by the Planning Board.  H. Cracked or broken glass windows shall be replaced with glass. I. In addition to the standards prescribed above, vacant commercial and retail buildings shall comply with the following standards: (1) Any and all window display areas shall be kept clean, free of hazard and free of debris. (2) All exterior signs, awnings and lighting systems, if not removed, shall be maintained in a completely operable, clean, good repair, non-deteriorated and safe condition. (3) A n y w i n d o w c o v e r i n g s h a l l h a v e a c l e a r o p e n i n g o f t w o square feet to allow a view of the interior of the store for security purposes. Such opening shall be installed no lower than three feet above grade and no more than six feet above grade and may be in either the show window or the door. J. If the owner shall fail to comply with the provisions of this Section regarding exterior protection, the Building Inspector may, after notice of noncompliance and intent to remedy is mailed to the owner, perform or cause such work to be performed and may recover the expense either by action or by local assessment on the premises, or both. This action shall be in addition to any other available remedy under this Article. § 12. Railings and parapet walls. Railings or parapet walls shall be maintained at open sides of balconies, mezzanines, porches, accessible roofs, exit passageways, areaways, motor vehicle parking decks and ramps and around floor openings. § 13. Interior protection. A. Structural members shall be maintained to resist and prevent deterioration. B. Unheated attics, spaces below flat roofs and crawl spaces shall be ventilated to minimize deterioration. C. Ceilings, walls, floors and stairways shall be maintained in a safe and sound condition. § 14. Garbage and refuse; infestation; junk. A. The accumulation or storage of garbage or refuse in buildings or on lots is prohibited. B . Buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation. C. Refrigerators and similar equipment with locking or latching mechanisms shall not be discarded, abandoned or stored on the premises. There shall be no storage of bulk waste. D. Junked or unregistered vehicles, equipment and materials shall not be stored in open areas of premises. § 15. Chimneys. Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained structurally safe and smoke tight. § 16. Fuel gas. Fuel gas pipe systems shall be maintained gastight, safe and operative under conditions of use or shall be disconnected at the main. § 17. Fuel oil. Tanks shall be maintained so as not to be a hazard or shall be discontinued in a manner consistent with Chapter C of the State Uniform Fire Prevention and Building Code. § 18. Plumbing. A. The domestic water supply system of the building shall be connected to an approved source, shall not be subject to contamination and shall not be connected to unsafe water supplies or shall be completely drained and shut off at the building main.  B. Stormwater drainage systems shall be maintained so as to function properly and be kept free from obstructions, leaks and defects. Sewage systems shall be similarly maintained or shall be sealed so as to prevent accumulation of sewage gases in buildings. § 19. Electrical. Electrical fixtures, devices, wiring and systems shall be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock, or service shall be discontinued at the supply. § 20. Elevators, dumbwaiters and escalators. Elevators, dumbwaiters and escalators shall be maintained or taken out of service, in accordance with ANSI/ASME A17.1. § 21. Exterior property areas. A. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent ponding. B. Fences, walls, other minor construction and accessory structures shall be maintained in safe, good and substantial condition. C. Steps, walks, driveways, parking spaces and similar paved areas shall be maintained to afford safe and convenient passage. D. Yards, courts and vacant lots shall be kept clean and free of waste and debris. E. Ground cover shall be properly established to prevent undue soil erosion due to the elements. F. All premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 8 inches. All noxious weeds shall be prohibited. Article IV. Real Property in Default Registry § 22. Title and purpose. The Village Board has determined there is a need to establish a real property in default registry to communicate with mortgages their maintenance obligations under the New York State Uniform Fire Prevention and Building Code, and the Garden City Village Code. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Village, county or state, or extinguish the requirements of any local law, rule or statute of any agency having jurisdiction. In the case of a conflict between this article and other regulations, the more stringent requirement shall prevail. § 23. Definitions and word usage. A. As used in this Article, the following terms shall mean: MORTGAGEE A mortgagee, mortgage servicing company, lenders in a mortgage agreement, creditor, tax lien purchaser, lienor, any other person, partnership, corporation, association or trustee having a vested or contingent interest, or anyone exercising rights of ownership therein as indicated by the records of New York State Supreme Court, Nassau County, the Nassau County Surrogate’s Court, the Nassau County Clerk, the Office of the Public Administrator, or the Receiver of Taxes, or any of their agents or assignees, other than the mortgagor or a government entity. REAL PROPERTY IN DEFAULT Any real property that is under a current notice of default, notice of mortgagee’s sale, subject to a foreclosure action in New York State Supreme Court, Nassau County, pending tax assessor’s lien sale, or subject of a foreclosure sale, where the title was retained by the beneficiary of a mortgage involved in the foreclosure any properties transferred under a deed in lieu of foreclosure or sale. B. The words “or” and “and” as used herein may be construed interchangeably where such meaning is necessary to effectuate the purpose of this article. Where necessary, the singular shall include the plural and the plural include the singular. § 24. Real property in default registry; fees. A. This Section shall be considered cumulative and in addition to, and not superseding, any other law or provision for same. B. Within 15 days of the date that a mortgagee declares its mortgage on a particular parcel of real property to be in default, the mortgagee shall lawfully inspect the premises and register the real property in default in the Village’s real property in default registry, which shall be maintained by the Village Clerk. C. Registration pursuant to this Article shall contain, on forms to be provided by the Village Building Department. (1) The street address and section, block and lot(s) of the real property in default; (2) The name of the mortgagee and/or mortgage servicer; (3) The direct mailing address, email address and telephone number of the mortgagee and/or mortgage servicer; (4) The name and address, email address and telephone number of a local property manager who shall be responsible for the inspection, security and maintenance of the property if and when the mortgagee can legal possess the real property in default; (5) Whether the property is vacant or occupied, to the best of the mortgagee’s knowledge; (6) The address at which the mortgagee will accept and consent to service of process, as that term is used in the New York Civil Practice Law and Rules and the New York Criminal Procedure Law, by the Village for any alleged violation by the mortgagee of the New York State Uniform Fire Prevention and Building Code, and the Village Code. D. The mortgagee shall inform the Village Clerk of any change of information contained in the registration within two days of the change. If the mortgagee notifies the Village Building Department of the default being remedied, then the Village Clerk shall remove the real property in default from the real property in default registry in accordance with the Retention and Disposition Schedule for New York Local Government Records. E. A nonrefundable fee per real property in default shall accompany the mortgagee’s registration, and the mortgagee shall renew the registration within six months of a prior registration. Each renewal registration shall require a nonrefundable fee. Such fees shall be in an amount as determined, from time to time, by resolution of the Board of Trustees. Article V. Enforcement. § 25. Enforcement. This Chapter shall be enforced by the Building Inspector. § 26. Penalties for offenses. Any owner, or agent of an owner acting on behalf of the owner or mortgagee violating any provision this Chapter, including but not limited to failure to register or pay required fees, shall constitute a violation punishable upon conviction thereof by a fine in an amount not less than $250 nor more than $1,000. Each day of violation will be deemed to constitute a separate offense. § 27. Severability. If any provision of this Chapter or the application thereof is held invalid for any reason, the remainder of this Chapter and the application thereof shall not be affected thereby. § 28. Effective date. This Local Law shall take effect immediately upon filing in the office of the New York Secretary of State in accordance with the Municipal Home Rule Law. The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: 8 NOES: 0 The resolution was declared adopted. Mayor Flanagan 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 February 8, 2024 were reviewed, and on motion of Trustee Finneran were approved as presented. The minutes of the regular meeting held on February 20, 2024 were reviewed, and on motion of Trustee Kelly were approved as presented. (6 AYES -0 NOES, 2 abstained, Trustees Chester and Torino) NEW BUSINESS CONSENT CALENDAR FINANCE 1. Set Date for a Public Hearing – Tentative Budget for Fiscal Year 2024/2025. Board authorization is requested to set the date of April 1, 2024, at 7:30 p.m., the Annual Organizational Meeting, for the Public Hearing on the Tentative Budget for Fiscal Year 2024/2025. a On motion of Trustee Sullivan the following resolution was offered: RESOLUTION NO. 27-2023 RESOLVED, that the Board of Trustees hold a public hearing on the proposed budget for Fiscal Year 2024-2025. 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 proposed budget for Fiscal Year 2024-2025 to be held in the Board Room at 351 Stewart Avenue, Garden City, New York and via Zoom on the 1st day of April 2024 at 7:30 p.m. 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. 2. Correction of Errors – Assessor. Board authorization is requested to correct the 2024 Tentative Assessment Roll presented by the Village Assessor to reduce the assessed value of the property located at 236 Stewart Avenue as a result of a fire. The current assessment is $18,900 and the Assessor’s recommendation is $12,660. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. SICK LEAVE POLICE 1. Sick Leave – Two Employees. Board authorization is requested to pay Police Officer Kyle Lucia and Police Officer Nick Compito through April 1, 2024, 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, 2020. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. PUBLIC WORKS 2. Sick Leave - Quinones. Board authorization is requested to pay Michael Corace, Sanitation Worker, Sanitation Department, through April 1, 2024, 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, 2021. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. RECREATION 3. Sick Leave - Genna. Board authorization is requested to pay Samuel Hermann, Laborer, Recreation and Parks Department, through April 1, 2024, or such earlier date as she 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, 2021. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. BOARD OF TRUSTEES 1. Village of Garden City Parks & Recreation Needs Assessment & St. Paul’s Use Plan – Transfer of Funds. Board authorization is requested to transfer $159,000 to Account 0H.7140.2103 St. Paul’s recreational Facility Project from Account 0H.5110.2053 Business District Paving Project. On motion of Trustee Sullivan and unanimously carried, the aforesaid recommendation was approved, and the Treasurer was authorized to make the necessary transfer of funds. 2. Village of Garden City Parks & Recreation Needs Assessment & St. Paul’s Use Plan – Engagement of Professional Services – Brandstetter Carroll Inc. Board authorization is requested to engage Brandstetter Carroll Inc. (“BCI”), 2360 Chauvin Drive, Lexington, Kentucky, as part of the St. Paul’s Recreational Facility Project, and approve the proposal, Garden City Parks & Recreation Needs Assessment & St. Paul’s Use plan, at a total cost of $159,000. The Plan includes four phases: Evaluate Phase, Engage Phase, Envision Phase, and Plan Phase, with the goal of building a solid platform for community-supported recommendations and a consensus vision through public engagement and community events.  On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. POLICE 1. Attendance at a Law Enforcement Traffic Safety Conference – Travel and Training Board authorization is requested for Police Officer James Gunnels and Police Officer Eduardo Rodriguez to travel to Bolton Landing, New York, to attend a Law Enforcement Traffic Safety Conference from April 24, 2024, through April 25, 2024. Travel expenses include an overnight stay for two (2) nights. The cost of the trip will not exceed $1,500. Funds are available in Account 0A.3120.4120 Travel and Training. On motion of Trustee Sullivan and unanimously carried, Police Officer Gunnels and Police Officer Rodriguez were authorized to attend the aforesaid conference and to be reimbursed for such expenses as they may incur in connection therewith. LIBRARY 1. IT Services – Engagement of Professional Services – Sourcepass, LLC. Board authorization is requested to engage professional IT services with Sourcepass, LLC, 515 Broadhollow Road, Melville, New York, at a cost of $4,644 per month for three months, for a cost of $13,932 for the period, after prorating for the first week of March, for the period of March 8, 2024 until May 31, 2024. In addition, there will be a one-time upfront hardware cost of $1,060.10 to cover technical support provided by Sourcepass, for a total cost of $14,992.10. The Library expects to continue with a 1-year contract at the same monthly rate effective June 1, 2024, pending Village Budget approval in Fiscal Year 2024/2025. If the present agreement is terminated on or before June 1, 2024, without continuation with the one-year contract, a termination cost of $4,719 will apply to recoup the cost of onboarding. Funds are available in Account 0L.7410.4460 Contractual Services. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. RECREATION 1. Tree Removal and Stump Grinding – Change Order – Looks Great Services. Board authorization is requested to approve Change Order Number 4, submitted by Looks Great Services, 140 West 10th Street, Huntington Station, New York, for the grinding of one stump, at a cost of $350. Funds are available in Account 0A.7110.4460. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. PUBLIC WORKS 1. Clinton Emergency Blowers and Building – Change Order – Philip Ross Industries, Inc. Board authorization is requested to approve Clinton Road Blower Replacement Change Order No. 3, submitted by Philip Ross Industries, Inc., 88 Duryea Road, Melville, New York, to disinfect Well Nos. 10 and 11 air stripping towers, at a cost of $32,224. Funds are available in Account 0F.1088.0000. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. 2. Lead and Copper Rule and Corrosion Control Treatment Sampling – Transfer of Funds – H2M Architects and Engineers. Board authorization is requested to transfer $211,450 to Account 0F.8330.4460 Purification Contractual Services from Account 0F.8310.4590 Water Administration Deprecation.  On motion of Trustee Sullivan and unanimously carried, the aforesaid recommendation was approved and the Treasurer was authorized to make the necessary transfer of funds. 3. Lead and Copper Rule and Corrosion Control Treatment Sampling – 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, to assist the Village with its continued lead monitoring programs for the 2024 calendar year for the following tasks: (1) Village Residence Sampling by Request at an Hourly Rate for a fee of $62,500, (2) LCR Compliance Lead Sampling and Report at an Hourly Rate, for a fee of $71,400, (3) Corrosion Control Compliance Sampling, at an Hourly Rate, for a fee of $28,550, (4) Bi-Weekly Corrosion Control Compliance Sampling, at an Hourly Rate, for a fee of $14,000, (5) GIS Results Tracking (Lead Sampling), at an Hourly Rate, for a fee of $25,000, and (6) Village Meetings and Public Interaction, at an Hourly Rate, for a fee of $10,000, for a total cost of $211,450. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. 4. DPW Yard Sprinkler System – Engagement of Professional Services – Evolution Piping Corp. Board authorization is requested to approve the proposal submitted by Evolution Piping Corp., 311B Skidmores Road, Deer Park, New York, to provide a full set of construction plans and specifications for the purpose of bidding and constructing a new or retrofitted automatic fire sprinkler system at the Garden City Municipal Services Yard, at a cost of $15,000. Funds are available in Account 0H.1640.2086 DPW Yard Sprinkler System. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. 5. Orthophosphate Corrosion Control – Change Order – Philip Ross Industries, Inc. Board authorization is requested to approve Emerging Contaminant Removal at Hilton Park Plant (Well Nos. 15 and 16) Change Order No. 7, submitted by Philip Ross Industries, Inc., 88 Duryea Road, Melville, New York, for the permanent orthophosphate treatment at Hilton Avenue Plant (Well Nos. 15 and 16), at accost of $83,000. Funding is subject to a permissive referendum. The resolution shall take effect 30 days after its adoption. (Please see Award of Bid – Bond Resolution – Orthophosphate Treatment) On motion of Trustee Sullivan and unanimously carried, the aforementioned authorization was approved. 6. Water Penalties. Board authorization is requested to approve the reversal of penalties for the following water penalties. Funds are available in Account 0F.2148.1000 Interest and Penalties on Water Rents. a) 106 Arthur Street, for the period of 2018 to 2023 resulting from extenuating medical circumstances, for a total of $5,750; b) 145 Whitehall Boulevard, for accumulated late fees resulting from mail fraud, for a total of $40.12. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. AWARD OF BIDS 1. Cold Water Meters – Second Renewal of Bid – Rio Supply, Inc. Board authorization is requested to renew the bid for an additional year with Rio Supply, Inc., 100 Allied Parkway, Sicklerville, New Jersey, for items to be ordered on an “as-needed basis”, based upon unit cost. The formal bid for Cold Water Meters expires on March 16, 2024; however, there is a clause in our specifications which states “This contract may be extended for a period of one (1) year, up to a maximum of three (3) years; each one (1) year extension to be made upon mutual agreement between the Incorporated Village of Garden City and the Contractor.” Funds are available in Account 0F.4450.0000 Water Department Inventory. On motion of Trustee Sullivan and unanimously carried, the aforesaid authorization was approved. 2. Adopt a Bond Resolution for Orthophosphate Corrosion Control. Board authorization is requested to adopt a Bond Resolution for the permanent installation of orthophosphate treatment at Village well sites totaling $700,000 as provided by Counsel. Trustee Sullivan offered the following resolution and moved its adoption: RESOLUTION NO. 28-2024 BOND RESOLUTION OF THE VILLAGE OF GARDEN CITY, NEW YORK, ADOPTED MARCH 7, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $700,000 TO FINANCE THE PERMANENT INSTALLATION OF ORTHOPHOSPHATE TREATMENT AT VILLAGE WELL SITES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $700,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE THE BOARD OF TRUSTEES OF THE VILLAGE OF GARDEN CITY, IN THE COUNTY OF NASSAU, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Board of Trustees) AS FOLLOWS: Section 1. The Village of Garden City, in the County of Nassau, New York (herein called the “Village”), is hereby authorized to issue bonds in a principal amount not to exceed $700,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance the permanent installation of orthophosphate treatment at Village well sites. Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $700,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $700,000 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 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. 1 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized, and any bond anticipation notes issued in anticipation of said bonds, may be applied to reimburse the Village for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution, and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation of said bonds, shall be general obligations of the Village, payable as to both principal and interest by general tax upon all the taxable real property within the Village. The faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds, and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Village by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Board of Trustees relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of credit enhancement agreements, 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 is subject to a permissive referendum and the Village Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Village, having a general circulation within said Village, and posted in at least six (6) public places and in each polling place in the Village, a Notice in substantially the form appearing in Exhibit A hereto. Section 8. The Village Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Village, having a general circulation within said Village, together with a Notice in substantially the form as provided by Section 81.00 of the Law. EXHIBIT A VILLAGE OF GARDEN CITY, NEW YORK PLEASE TAKE NOTICE that on March 7, 2024, the Board of Trustees of the Village of Garden City, in the County of Nassau, New York, adopted a bond resolution entitled: “Bond Resolution of the Village of Garden City, New York, adopted March 7, 2024, authorizing the issuance of bonds in a principal amount not to exceed $700,000 to finance the permanent installation of orthophosphate treatment at Village well sites, stating the estimated maximum cost thereof is $700,000 and appropriating said amount for such purpose,” an abstract of such bond resolution, concisely stating the purpose and effect thereof, being as follows:  FIRST: AUTHORIZING the Village of Garden City, New York to issue bonds in a principal amount not to exceed $700,000 pursuant to the Local Finance Law of the State of New York, to finance the permanent installation of orthophosphate treatment at Village well sites; SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $700,000; appropriating said amount for such purpose; and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed $700,000 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; THIRD: DETERMINING and STATING the period of probable usefulness applicable to the purpose for which said bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Village for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Village; and PLEDGING to their payment the faith and credit of the Village; FIFTH: DELEGATING to the Village Treasurer the powers and duties as to the issuance of said bonds, and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested: and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 7, 2024 Kelly Galanek Village Clerk The adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 3. Orthophosphate Corrosion Control – Award Bid – Philip Ross Industries, Inc. Reported that a tabulation of bids had been circulated to each Member of the Board for the Orthophosphate Corrosion Control bid and that on behalf of the Village, H2M Architects, 538 Broad Hollow Road, Melville, New York, has reviewed the bids and recommends the contract for permanent orthophosphate treatment by awarded to the low bidder, Philip Ross Industries, Inc., 88 Duryea Road, Melville, New York, at a cost of $482,000. Bid specifications were advertised on NYS Contract Reporter and a total of four bids were received. Funding is subject to a permissive referendum. The resolution shall take effect thirty (30) days after its adoption. (Bond Resolution – Orthophosphate Treatment). On motion of Trustee Sullivan the following resolution was offered: RESOLUTION NO. 29-2024 RESOLVED, that the proposal of Philip Ross Industries, Inc., 88 Duryea Road, Melville, new York, at a cost of $482,500, 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 Philip Ross Industries, 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: 1. The Garden City Chamber of Commerce requests authorization to hold its annual Vintage Car Easter Parade on Sunday, March 31, 2024 at 12:00 p.m. There is no rain date. The Chamber of Commerce further requests to close Franklin Avenue, Stewart Avenue, and Seventh Street to all other traffic during the procession. On motion of Trustee Sullivan and unanimously carried, the aforesaid recommendation was approved, subject to coordination with the Police Department and receipt of an original Certificate of Insurance. BOARD OF TRUSTEES DISCUSSION 1. Discussion on the Offering of Handicap Parking Placards at Village Hall. The Board of Trustees engaged in conversation addressing the pros and cons of offering Temporary and Permanent Handicap Parking Placards at Village Hall for Garden City Residents. Some of the pros include being able to better serve the Residents locally, rather than sending them to the Nassau County Office of the Physically Challenged (“OPC”) in Uniondale, as well as same day turnaround for both types of placards following approval to do such by the State. The cons include the potential for fraud and the inability to complete any, or as thorough diligence as the OPC. Mayor Flanagan recognized the following: John Wilton, President, Garden City Chamber of Commerce Andrew Shumelda, Garden City Steve Ilardi, 138 Meadow Street Kathy O’Hara, Hilton Hall There being no further business, on motion duly made, the meeting adjourned at 9:38 p.m.