Board of Trustees

AGENDA May 9, 2024 7:30 P.M. I. Welcome by Mayor to attendees. II. Call to Order. III. Oath of Office – 1 Police Officer by Mayor Mary Carter Flanagan. Police Officer James Brennan IV. Quick resident comments no more than one minute each, limit of thirty minutes. V. Comments by Department Heads, Village Administrator and Counsel on Agenda Items. (including Treasurer on Treasurer’s Report) VI. Mayor/Trustees Questions/Comments/Announcements. VII. Citizens Comments on Agenda Items. VIII. Approval of Minutes – April 15, 2024 Board of Trustees Meeting – Executive Session April 18, 2024 Board of Trustees Meeting April 29, 2024 Board of Trustees Meeting – Executive Session IX. New Business A. Formal Agenda 1. Board of Commissioners of Cultural and Recreational Affairs Resolution. • Board authorization is requested to change the Board of Commissioners of Cultural and Recreational Affairs. Amendment to Resolution 147-2013 – Composition of Board of Commissioners of Cultural and Recreational Affairs. RESOLVED, that the Resolution No. 74-2000 as amended by Resolution No. 104- 2003 and Resolution No.147-2013 be further amended so that paragraph 1 shall read as follows: WHEREAS, Section 3-308 of the Village Law as it applies to the Village of Garden City, has been changed, superseded, and amended by Local Law 3-1991, so as to authorize the establishment of a Board of Commissioners of Cultural and Recreational Affairs, and  WHEREAS, it is the express intention of the Board of Trustees to have the present Recreation Commission continue to serve the Village as it has in the past with provision for additional members. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Village Code Section 6-4 and Village Law Section 3-308, the composition, powers, duties and responsibilities of the Board of Commissioners of Cultural and Recreational Affairs shall be as follows: 1. Such Board shall consist of a Chairman and no less than five (5) and no more than eight (8) members who shall be appointed by the Mayor of the Village, subject to approval of the Board of Trustees. While the members are At-large, the Board of Trustees will aspire to have one resident from each section of the Village. The Chairman may reside within the County in which the Village is located or in a county within the state contiguous to the County in which the Village is located. Appointments by the Mayor for the ensuing official Village year: Appointments by the Mayor, subject to the Board of Trustees approval, for the ensuing official Village year, unless otherwise stated: B. Consent Calendar Finance 1. Transfer of Funds. a) $2,100.00 to Tax Advertising from Contingent. Funds needed to cover an increase in rates for legal notices in the Garden City News. b) $21,104.25 to Purification – Materials and Supplies from Purification – Regular Salary. Funds needed to create purchase order for U.S. Peroxide, LLC for remaining invoices submitted. c) $21,002.00 to Building – Maintenance of Plant from Contingent. Funds needed for Toll House building repairs and other purchases for the remainder of fiscal year 2023/24. d) $12,775.00 to Central Garage – Maintenance of Plant from Contingent. Funds needed for Handa Industries to perform masonry repairs to Yard and Parks Garage. e) $145,000 to Capital Projects from Contingent. Funds needed to purchase van for Recreation that will be reimbursed through a CREST Grant. 2. Assessment of Unpaid Water Rent. • A resolution of the Board of Trustees pursuant to Section 11-1118 of the Village Law is requested directing the Village Clerk to include all unpaid water rents on the annual Village Tax Levy. The total water arrears to be placed on the Tax Roll will be provided under separate cover at Thursday’s meeting. 3. Assessment of Unpaid Commercial Sanitation Charges. • A resolution of the Board of Trustees pursuant to Section 115-15 of the Village Law is requested directing the Village Clerk to include all unpaid Commercial Sanitation Charges on the annual Village Tax Levy. The total Commercial Sanitation arrears to be placed on the Tax Roll will be provided under separate cover at Thursday’s meeting. 4. Bond Resolutions. • Board authorization is requested to approve the Bond Resolution projects listed below as provided by Bond Counsel: a. HVAC at Water Works Building $900,000 b. Road & Paving Repairs $2,780,000 c. DPW Vehicles and Equipment $1,550,000 d. Street Lighting System Improvements $1,130,000 e. Paving of Parking Lots $1,110,000 f. Village Curb & Sidewalks $505,000 g. Water Main Replacement on Clinton Road $3,300,000 5. Tax Certiorari Settlements. • Board authorization is requested to approve the Tax Certiorari settlements outlined by counsel, as follows: a) TL Franklin, regarding four office building at 1205, 1305, 1225 and 1325 Franklin Avenue containing 446,906 square feet above ground office space, 57,739 square feet of lower-level office space and 8,000 square feet of storage space, which will result in a refund of $75,000 for tax years 2018/19 through 2023/24 and a new assessment of $1,085,800 effective 2024/25. b) New York Community Bank, regarding a retail bank building at 108-110 Seventh Street containing 4,200 square feet, which will result in a refund of $17,400 for tax years 2019/20 through 2023/24 and a new assessment of $15,875 effective 2024/2025. c) Mall Center LLC, regarding an office building at 100 Ring Road containing 38,402 square feet, which will result in a refund of $65,000 for tax years 2017/18 through 2023/24 and a new assessment of $105,000 effective 2024/25. d) Thorne Enterprises, regarding a manufacturing building at 161 Railroad Avenue containing 5,580 square feet, which will result in a refund of $20,000  for tax years 2017/18 through 2023/24 and a new assessment of $11,000 effective 2024/25. e) Narula Real Estate f/k/a New Hampton Realty, regarding a warehouse at One Commercial Avenue containing 18,556 square feet, which will result in a refund of $7,500 for tax years 2018/19 through 2024/25 and a new assessment of $23,500 effective 2025/26. (Please note that this case has been settled through the 2024/25 tax year and the full 2024/25 tax must be paid to satisfy the refund proposed.) f) 7th Street Office Plaza, regarding an office building at 229-233 7th Street containing 86,268 square feet of which 9,159 square feet is below grade, which will result in a refund of $20,000 for tax years 2018/19 through 2024/25 and a new assessment of $175,000 effective 2025/26.Please note that this case has been settled through the 2024/25 tax year and the full 2024/25 tax must be paid to satisfy the refund proposed.) Sick Leave 6. Two employees - Police (1), DPW (1). Clerk’s Office 7. Intermunicipal Renewal Agreement - Garden City School District - Fuel. • Board authorization is requested to enter into a renewal agreement with the Garden City School District to provide fuel to the School District on an as-needed basis, based upon rates set by the Village. (July 1, 2024 - June 30, 2025). Village Counsel has approved this agreement as to form. 8. Intermunicipal Renewal Agreement - Garden City School District - Sand and Salt. • Board authorization is requested to enter into a renewal agreement with the Garden City School District to provide sand and salt to the School District on an as-needed basis, based upon rates set by the Village. (July 1, 2024 - June 30, 2025). Village Counsel has approved this agreement as to form. Recreation 9. License Agreement – Adelphi University – Rental of Olmsted Theater for Dance Student Showcase • Board authorization is requested to accept the license agreement between the Village and Adelphi University for the rental of Olmsted Theater, Performing Arts Center, for the purpose of a rehearsal on Wednesday, May 29, 2024, and two performances on Friday, May 31, 2024 and Saturday, June 1, 2024, for the Annual Dance Showcase. The cost of the rental is $2,955, and funds are available in Recreation Special Activities. Village Counsel has approved this agreement as to form. Public Works 10. 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 11747, to furnish and install additional control panel for the two new blowers, at a total cost of $42,262.50. Funds are available in Clinton Emergency Blowers and Buildings. 11. Road and Paving Repairs – Change Order – Pratt Brothers, Inc. • Board authorization is requested to approve Curb, Sidewalk, and Road Improvements Contract 2022 change order submitted by Pratt Brothers, Inc., 333 Marcus Boulevard, Hauppauge, New York, for Stewart Avenue night paving, at a cost of $55,285. Funds are available in Road and Paving Repairs. 12. Water Works Building Roof – Change Orders – Statewide Roofing, Inc. • Board authorization is requested to approve Garden City Water Department New Roofing System change orders submitted by Statewide Roofing, Inc., 2049 Ninth Avenue, Ronkonkoma, New York, as follows: a) Change order for a new roof hatch and aluminum access ladder, at a cost of $12,757. b) Change order for aluminum wall panels, at a cost of $18,677.33. Funding is available in the Water Works Building Roof capital account. Bond Resolution No. 150-2023 was adopted at the October 19, 2023, Board of Trustees Meeting, in an amount not to exceed $800,000, to finance the construction of a new roof at the Water Works Building. 13. Village Hall HVAC Renovation – Accept Maintenance Bond – Intricate Tech Solutions, LTD. • Board authorization is requested to accept the Maintenance Bond for Intricate Tech Solutions, LTD., 98 Mahan Street, West Babylon, New York, who was the Village Hall HVAC Renovations contractor. This guarantees for eighteen (18) months the completed work from the day of acceptance of the Bond. The Bond is in the amount of $816,923.04. Village Counsel has reviewed the Maintenance Bond and approved it as to form. 14. Street Lighting System Improvements - Clinton Road – Create a New Capital Project – Transfer of Funds. • Board authorization is requested to create a new capital project – Street Lighting System Improvements on Clinton Road ahead of Nassau County’s reconstruction project. • Board authorization is requested to approve the transfer of $160,000 to Street Lighting System Improvements from DPW Yard Sprinkler.  Award of Bid 15. Water Main Replacement on Clinton Road from Osborne Road to Old Country Road. • Board authorization is requested to reject the low bidder, Pioneer Landscaping and Asphalt Paving, Inc., as they did not meet specifications. • Board authorization is requested to award the bid to Bancker Construction Corp. On behalf of the Village, H2M Architects and Engineers, 538 Broad Hollow Road, Melville, New York, reviewed the bids and recommends the contract for the Water Main Replacement on Clinton Road from Osborne Road to Old Country Road be awarded to the second low bidder, Bancker Construction Corp., 171 Freeman Avenue, Islip, New York, at a cost of $2,888,305. Funding for this project is subject to a permissive referendum. The resolution shall take effect thirty (30) days after its adoption. External Communications 16. William Bradford Turner Post, No. 265, requests authorization to conduct its Memorial Day Parade on Monday, May 27, 2024, beginning with a 9:00 a.m. Memorial Service at the Cathedral of the Incarnation, followed by 10:00 a.m. parade assembly at the parking lot on the east corner of 10th Street and Franklin Avenue, with a march down Franklin Avenue and Seventh Street to the Veterans Memorial, followed by an 11:00 a.m. Memorial Ceremony at the Veterans Memorial on Seventh Street. X. Citizen Comment on non-agenda items. (limited to four minutes each) XI. Adjournment.  BOARD OF TRUSTEES APRIL 15, 2024 A special meeting of the Board of Trustees of the Village of Garden City in the County of Nassau, New York, was held at 108 Rockaway Avenue in said Village on April 15, 2024 at 7:00 p.m. Present: Mayor Mary Carter Flanagan, Trustees Bruce J. Chester, Judy Courtney, Edward T. Finneran, Michele Beach Harrington, Vinny Muldoon, Jessica Tai and Bruce A. Torino. Also Present: Christopher Kurtz, Bond Schoeneck & King, PLLC Courtney Rosenblatt, Secretary to the Board of Trustees Attendance: None. The Secretary of the Board of Trustees reported that due notice of this meeting had been served on each member of the Board. Mayor Flanagan called the meeting to order and made a motion, which was unanimously approved to recess into executive session and stated that the purpose of the executive session was for a discussion with Chris Kurtz, Labor Counsel, Bond, Schoeneck & King PLLC on collective bargaining negotiations. The Board reconvened at 8:03 p.m. There being no further business, on motion duly made, the meeting adjourned at 8:04 p.m.  BOARD OF TRUSTEES APRIL 18, 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 April 18, 2024, at 7:30 p.m. Present: Mayor Mary Carter Flanagan, Trustees Bruce J. Chester, Judy Courtney, Edward T. Finneran, Michele Beach Harrington, Vinny Muldoon, Jessica Tai, and Bruce A. Torino. Also Present: Ralph Suozzi, Village Administrator Kelly Galanek, Village Clerk Wa Cheng, Deputy Village Treasurer Kenneth O. Jackson, Chairman, Board of Police Commissioners Chief James R. Taunton, Fire Department (Left at 7:45 p.m.) Giuseppe Giovanniello, Superintendent of Building Department John Borroni, Superintendent of Public Works Paul Blake, Chairman, Board of Commissioners of Cultural and Recreational Affairs Gary Fishberg, Cullen and Dykman, LLP Attendance: Approximately 60 in person and 25 (via Zoom) The Clerk reported that due notice of this meeting had been served on each member of the Board. Mayor Flanagan stated that the first item on the agenda was the ratification of the election of the Fire Department Officers. Mayor Flanagan administered the Oaths of Office to all of the Chiefs and offered her congratulations and special thanks to Chief Taunton in his new role as Chief of the Department. Fire Commissioner Bruce Chester administered the Oaths of Office to the Line and Corporate Officers. On motion of Trustee Torino the following resolution was offered: RESOLUTION NO. 65-2024 RESOLVED, that the action taken by the members of the Garden City Fire Department at the Annual Meeting of said Department held on April 4, 2024 in electing Fire Chief James R. Taunton to serve during the ensuing year, be and the same hereby is ratified and approved. The vote on the foregoing resolution was as follows: 1  AYES: 8 NOES: 0 Motion carried. On motion of Trustee Torino the following resolution was offered: RESOLUTION NO. 66-2024 RESOLVED, that the action taken by the members of the Garden City Fire Department at the Annual Meeting of said Department held on April 4, 2024 in electing the following Assistant Chiefs to serve during the ensuing year, be and the same hereby is ratified and approved. First Assistant Chief Jonathan F. Parrella Second Assistant Chief Daniel L. Roeper Third Assistant Chief Devyn F. Moody The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Motion carried. On motion of Trustee Torino the following resolution was offered: RESOLUTION NO. 67-2024 RESOLVED, that the action taken by the members of the Garden City Fire Department at the Annual Meeting of said Department held on April 4, 2024 in electing the following Line and Corporate Officers to serve during the ensuing year, be and the same hereby is ratified and approved. Captain Engine, Matthew C. Carroll Captain Truck, Christopher K. Maier 1st Lieutenant Engine, Joseph A. Philippas 1st Lieutenant Truck, Jonathan L. Juliano 2nd Lieutenant Engine, Christopher P. Moscatiello 2nd Lieutenant Truck, Ryan T. Moody Secretary, Michael Reale Assistant Secretary Anthony J. Della Ratta Treasure, Robert F. Kalb Assistant Treasurer, Donald B. Byrne First Battalion Delegate: Lawrence E. Nedelka The vote on the foregoing resolution was as follows: 2  AYES: 8 NOES: 0 Motion carried. Mayor Flanagan said the Board of the Trustees will be 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 made the following announcement that Trustee Judy Courtney will be taking the lead on new provisions for outdoor dining for the 2025 season, and that this year, the 2024 season, permits will be issued consistent with years past. Trustee Courtney commented that they will be addressing how business needs have changed compared to when the outdoor dining code provisions were first created, and over the next several months will be evaluating what other villages do, discussing with our local business community, and developing a plan for new, revised Code provisions. Trustee Finneran discussed the Village’s steps to move forward with Village promenades for the summer of 2024, which will now be led by the Recreation Department. 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 approval of the minutes of the last regular meeting of the Board of Trustees on April 1, 2024. On motion of Trustee Torino, the minutes of the regular Board of Trustees meeting held on April 1, 2024, were unanimously approved as presented. NEW BUSINESS FORMAL AGENDA Mayor Flanagan made the following appointments, subject to Board of Trustees approval, for the official Village year unless otherwise noted: 1. Micheal T. Schroder, 140 Oxford Boulevard, is hereby reappointed as Chairman of the Zoning Board of Appeals, for a term to expire April 2, 2029. On motion of Trustee Torino, the following resolution was offered: RESOLUTION NO. 68-2024 RESOLVED, that the appointment of Michael T. Schroder, 140 Oxford Boulevard, Garden City, New York, as Chairman of the Zoning Board of Appeals, for a term to expire on April 2, 2029, be and the same hereby is approved. 3  The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. 2. Alex Bachowski, 21 Bayberry Avenue, is hereby reappointed as an Alternate Member of the Zoning Board of Appeals, for a term to expire on April 2, 2029. On motion of Trustee Torino, the following resolution was offered: RESOLUTION NO. 69-2024 RESOLVED, that the appointment of Alex Bachowski, 21 Bayberry Avenue, Garden City, New York, as Alternate Member of the Zoning Board of Appeals, for a term to expire on April 2, 2029, be and the same hereby is approved. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 Carried. CONSENT CALENDAR BOARD OF TRUSTEES Mayor Flanagan requested that Agenda Item #3 on the Consent Calendar – Board of Trustees – Opposition to Proposed Casino at Nassau Hub, be removed from the Consent Calendar for a separate vote. Opposition to the Proposed Casino Development at Nassau Coliseum/Nassau Hub Site. Board authorization is requested to adopt a resolution stating that the Board of Trustees of the Village of Garden City oppose the development and/or presence of a Casino at the Nassau Coliseum/Nassau Hub site as this will have a negative impact on our Village and the surrounding communities. On motion of Trustee Finneran the following resolution was offered: RESOLUTION NO. 70-2024 WHEREAS, the Board of Trustees of the Village of Garden City ("the Board") notes that the presence of a Casino at the Nassau Coliseum/Nassau Hub Site ("Nassau Hub 4 Site") would have a significantly negative impact on the quality of life within the Village which would be dramatic, and the placing of a "round the clock," 24/7 Casino in the heart of Nassau County would permanently impact the character of the surrounding communities; and WHEREAS, the Board has received considerable input from residents across the Village in opposition to the development of a Casino at the Nassau Hub Site; and WHEREAS, the serious security issues that surround Casinos are well known, including DWIs, prostitution, drugs, human sex trafficking, compulsive gambling, and moreover, a severely negative impact on our Village roadways which are already overburdened with traffic; and WHEREAS, the Board urges the Nassau County Legislature and the Nassau County IDA to actively seek out development ideas which will enhance our communities; and NOW, THEREFORE, BE IT RESOLVED, that the Board, on behalf of the residents of Garden City, is adamantly opposed to a Casino at the Nassau Hub Site; and BE IT FURTHER RESOLVED that the Board urges the Nassau County Legislature, on the expected re-introduction of the issue, to reject the Las Vegas Sands Corp.'s request to secure the transfer and control of the lease agreements for the Nassau Hub and Marriott Hotel sites so as to facilitate a Casino at that site; and urges the Nassau County IDA to look towards developing appropriate uses of these properties which will enhance Garden City and our surrounding communities rather than negatively impact our collective quality of life. 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. BUILDING DEPARTMENT Trustee Torino made a motion to authorize the Building Department to withdraw any Orders to Remedy with regard to any violation of the businesses under section 148-14, with regard to furniture and fixtures. SUSPEND THE RULES AND PROCEDURES On motion of Trustee Torino the following resolution was offered: 5  RESOLUTION NO. 71-2024 RESOLVED, to suspend the Rules and Procedures of the Board of Trustees, to add an item to the Agenda, namely to authorize the Building Department to withdraw any Orders to Remedy with regard to any violation of the businesses under section 148-14, with regard to furniture and fixtures. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution as declared adopted. Building Department – Authorization to Withdraw Orders of Remedy. Board authorization is requested to authorize the Building Department to withdraw any Orders to Remedy, with regard to any violation of the businesses under section 148-14, that requires the removal of any furniture, planters and chairs during non-operational hours. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. VILLAGE CLERK Trustee Torino requested that Discussion Item #1 (Discussion Item #1 – Inclusion of POA information on the Village Website) be removed as a Discussion Item and added to the Agenda. SUSPEND THE RULES AND PROCEDURES On motion of Trustee Torino the following resolution was offered: RESOLUTION NO. 72-2024 RESOLVED, to suspend the Rules and Procedures of the Board of Trustees, to add an item to the Agenda for New Business, namely, to restore the link of each POA to the Village website. The vote on the foregoing resolution was as follows: AYES: 6 NOES: 2 (Mayor Flanagan and Trustee Chester) The resolution was declared adopted, and the item was added to the Formal Agenda. 6  Village Clerk’s Office – Addition to Website – POAs. Board authorization is requested to approve the Village Clerk to restore the link of each POA to the Village of Garden City website, under the “Welcome to Garden City” tab. On motion of Trustee Torino, with a vote of 5 AYES (Trustees Torino, Tai, Muldoon, Harrington and Courtney), 2 NOES (Mayor Flanagan, Trustee Chester), and 1 ABSTAIN (Trustee Finneran), the aforesaid authorization was approved. PERMIT SUSPEND THE RULES AND PROCEDURES On motion of Trustee Torino the following resolution was offered: RESOLUTION NO. 73-2024 RESOLVED, to suspend the Rules and Procedures of the Board of Trustees, to add an item to the agenda namely, to add the request from a Village resident to approve a solicitation permit for Troop 322 to sell flowers and hanging baskets between April 18, 2024 through April 28, 2024. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. Permit Request – Boy Scouts of America, Troop 322. Board authorization is requested for permission to sell flowers and hanging baskets, beginning April 18 through April 28, 2024; Mondays to Fridays 4:00 p.m. – 8:00 p.m., Saturdays from 11:00 a.m. – 5:00 p.m., and Sundays from 12:00 p.m. – 4:00 p.m. Invited call backs only between the hours of 8:00 p.m. – 9:00 p.m. The Village Clerk has requested that this item be added to the Agenda given the time sensitive nature of the request in order to make their deliveries by May 11th as planned. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was ratified, subject to compliance with Chapter 155 of the Village Code, and subject to the following changes in solicitation days and hours as follows: Mondays – Fridays from 3:00 p.m. – 7:00 p.m., Saturdays from 11:00 a.m. – 5:00 p.m., Sundays from 12:00 p.m. – 3:00 p.m., and invited call backs between 7:00 p.m. – 8:00 p.m. 7 FINANCE 1. Transfer of Funds. Board authorization is requested to transfer funds as follows: (a) $70,000 to Account 0H.7410.2031 Library Grounds Improvement from Account 0H.5110.2053 Business District Paving. Funds needed for the street lighting improvements at the Garden City Public Library. On motion of Trustee Torino and unanimously carried, the aforesaid recommendation was approved and the Treasurer was authorized to make the necessary transfer of funds. (b) $180,000 to Account 0H.5110.2010 Road and Paving Repairs from Account 0H.5110.2053 Business District Paving. Funds needed for the new Cherry Valley Avenue Sidewalk, which will be utilizing the current contract that bid, and applying for CREST Grant. On motion of Trustee Torino and unanimously carried, the aforesaid recommendation was approved, and the Treasurer was authorized to make the necessary transfer of funds. (c) $75,000 to Account OA.5110.2020 Curb, Sidewalk and Road Improvements from Account OH.5110.2053 Business District Paving. Funds needed for concrete and pavement repairs in front of the Community Park Pool. On motion of Trustee Torino 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 - Four Employees. Board authorization is requested to pay Police Sergeant Keith Wehr, Police Officer John Russell, Police Officer George Byrd, and Police Officer Brendan O’Reilly, through May 23, 2024, 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, 2020. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. PUBLIC WORKS 8  2. Sick Leave - One Employee. Board authorization is requested to pay Igmar Ortiz, Motor Equipment Operator, Sanitation, Worker, through May 23, 2024, 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, 2021. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. VILLAGE COUNSEL 1. Parkland Designation – Grove Park. Board authorization is requested for the Grove Park property to be designated as parkland for the enjoyment of residents of the Village for park and recreation purposes. Trustee Torino offered the following resolution and moved its adoption: RESOLUTION NO. 74-2024 WHEREAS, the property described below (commonly referred to as “Grove Park”) was acquired by the Village of Garden City for park and recreational purposes, and WHEREAS, the property is and should continue to be enjoyed by the residents of the Village for park and recreation, and WHEREAS, pursuant to 6 NYCRR Part 617.5(c)(38) of the Implementing Regulations as authorized by Article 8, Section 8-0113 of the New York State Environmental Conservation Law), the Village of Garden City Board of Trustees has determined that this is a Type II Action, as it will not have a significant impact on the environment and thus no further review is required. NOW, THEREFORE, BE IT RESOLVED, that the Grove Park property, as fully described below, shall be dedicated as parkland. All those certain plots, parcels pieces, or parcels of land, situate, lying and being in the Incorporated Village of Garden City, Town of Hempstead, County of Nassau, and State of New York: BEGINNING 125 feet North of the corner formed by the intersection of the northerly side of Poplar Street extended with the easterly side of Grove Street, thence easterly parallel to the north side of Poplar Street extended 300 feet, thence southerly parallel to the easterly side of Grove Street 806.40 feet, thence westerly parallel to the northerly side of Poplar Street extended 300 feet, thence northerly 806.40 feet to the point or place of beginning. 9  The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 2. Parkland Designation – Grove Park North. Board authorization is requested for the Grove Park North property to be designated as parkland for the enjoyment of residents of the Village for park and recreation purposes. Trustee Torino offered the following resolution and moved its adoption: RESOLUTION NO. 75-2024 WHEREAS, the property described below was acquired by the Village of Garden City for park and recreational purposes, and WHEREAS, the property is and should continue to be enjoyed by the residents of the Village for park and recreation, and WHEREAS, pursuant to 6 NYCRR Part 617.5(c)(38) of the Implementing Regulations as authorized by Article 8, Section 8-0113 of the New York State Environmental Conservation Law), the Village of Garden City Board of Trustees has determined that this is a Type II Action, as it will not have a significant impact on the environment and thus no further review is required. NOW, THEREFORE, BE IT RESOLVED, that the Grove Park property, as fully described below, shall be dedicated as parkland. All those certain plots, parcels pieces, or parcels of land, situate, lying and being in the Incorporated Village of Garden City, Town of Hempstead, County of Nassau, and State of New York: BEGINNING at a point on the southerly side of Brook Street extended and the easterly side of Grove Street, thence easterly along the southerly side of Brook Street extended 100 feet, thence southerly parallel to the easterly side of Grove Street 236 feet, thence westerly parallel to the easterly side of Brook Street extended 100 feet, thence northerly along the easterly side of Grove Street 236 feet to the point or place of beginning. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 10  3. Parkland Designation – Grove Park South. Board authorization is requested for the Grove Park South property to be designated as parkland for the enjoyment of residents of the Village for park and recreation purposes. Trustee Torino offered the following resolution and moved its adoption: RESOLUTION NO. 76-2024 WHEREAS, the property described below was acquired by the Village of Garden City for park and recreational purposes, and WHEREAS, the property is and should continue to be enjoyed by the residents of the Village for park and recreation, and WHEREAS, pursuant to 6 NYCRR Part 617.5(c)(38) of the Implementing Regulations as authorized by Article 8, Section 8-0113 of the New York State Environmental Conservation Law), the Village of Garden City Board of Trustees has determined that this is a Type II Action, as it will not have a significant impact on the environment and thus no further review is required. NOW, THEREFORE, BE IT RESOLVED, that the Grove Park property, as fully described below, shall be dedicated as parkland. All those certain plots, parcels pieces, or parcels of land, situate, lying and being in the Incorporated Village of Garden City, Town of Hempstead, County of Nassau, and State of New York: BEGINNING 30 feet north of a point on the southerly side of Pine Street extended and the easterly side of Grove Street, thence easterly parallel to the southerly side of Pine Street extended 80 feet, thence southerly parallel to the easterly side of Grove Street 1035.17 feet to the northwest side of Westbury Boulevard, thence southwesterly along the northwesterly side of Westbury Boulevard 215.24 feet to the boundary line of the Incorporated Village of Garden City, thence northwesterly along said boundary line to the easterly side of Lindbergh Street 166.42 feet, thence northerly along the easterly side of Lindbergh Street 33.38 feet, thence easterly perpendicular to the easterly side of Lindbergh Street 100 feet, thence northerly parallel to the easterly side of Lindbergh Street 360 feet, thence easterly parallel to the southerly side of Meadow Street to the easterly side of Grove Street 150 feet, thence northerly along the easterly side of Grove Street 650 feet to the point or place of beginning. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 11  The resolution was declared adopted. 4. Parkland Designation – Custer Park. Board authorization is requested for the Custer Park property to be designated as parkland for the enjoyment of residents of the Village for park for recreation purposes. Trustee Torino offered the following resolution and moved its adoption: RESOLUTION NO. 77-2024 WHEREAS, the property described below (commonly referred to as “Custer Park”) was acquired by the Village of Garden City for park and recreational purposes, and WHEREAS, the property is and should continue to be enjoyed by the residents of the Village for park and recreation, and WHEREAS, pursuant to 6 NYCRR Part 617.5(c)(38) of the Implementing Regulations as authorized by Article 8, Section 8-0113 of the New York State Environmental Conservation Law), the Village of Garden City Board of Trustees has determined that this is a Type II Action, as it will not have a significant impact on the environment and thus no further review is required. NOW, THEREFORE, BE IT RESOLVED, that the Custer Park property, as fully described below, shall be dedicated as parkland. All those certain plots, parcels pieces, or parcels of land, situate, lying and being in the Incorporated Village of Garden City, Town of Hempstead, County of Nassau, and State of New York: BEGINNING 105.54 feet east of the corner formed by the intersection of the easterly side of Clinton Road and the southerly side of Commercial Avenue; running thence easterly along the southerly side of Commercial Avenue 2,306.79 feet; thence southerly along the easterly side of Grove Street extended 292 feet; thence westerly parallel to the southerly side of Commercial Avenue 110 feet; thence northerly parallel to the easterly side of Grove Street extended 100 feet, thence westerly parallel to the southerly side of Commercial Avenue 120 feet, thence northerly parallel to the easterly side of Grove Street extended 46 feet, thence westerly parallel to the southerly side of Commercial Avenue 2076.79 feet, thence northerly parallel to the easterly side of Grove Street extended 146 feet to the southerly side of Commercial Avenue at the point or place of beginning. The vote on the foregoing resolution was as follows: AYES: 8 NOES: 0 The resolution was declared adopted. 12  5. Parkland Designation – Nassau Haven Park. Board authorization is requested for the Nassau Haven Park property to be designated as parkland for the enjoyment of residents of the Village for park for recreation purposes. Trustee Torino offered the following resolution and moved its adoption: RESOLUTION NO. 78-2024 WHEREAS, the property described below (commonly referred to as “Nassau Haven”) was acquired by was acquired by condemnation by the Village of Garden City for park and playground purposes, and by deeds recorded in the Office of the Clerk of Nassau County dated July 21, 1958, recorded in Liber 6426, page 212; dated August 5, 1958, recorded in Liber 6426, page 203; dated August 5, 1958, recorded in Liber 6426, page 218; dated August 5, 1958, recorded in Liber 6426, page 230; dated August 6, 1958, recorded in Liber 6426, page 227; dated August 7, 1958, recorded in Liber 6426, page 200; dated August 8, 1958, recorded in Liber 6426, page 224; dated August 12, 1958, recorded in Liber 6426, page 215; dated August 16, 1958, recorded in Liber 6426, page 221; dated August 25, 1958, recorded in Liber 6426, page 206; dated August 29, 1958, recorded in Liber 6426, page 209, and WHEREAS, the property is and should continue to be enjoyed by the residents of the Village for park and recreation, and WHEREAS, pursuant to 6 NYCRR Part 617.5(c)(38) of the Implementing Regulations as authorized by Article 8, Section 8-0113 of the New York State Environmental Conservation Law), the Village of Garden City Board of Trustees has determined that this is a Type II Action, as it will not have a significant impact on the environment and thus no further review is required. NOW, THEREFORE, BE IT RESOLVED, that the Nassau Haven property, as fully described below, shall be dedicated as parkland. All those certain plots, parcels pieces, or parcels of land, situate, lying and being in the Incorporated Village of Garden City, Town of Hempstead, County of Nassau, and State of New York, known and designated as lots numbered 42 to 52 in Block A; and lots 7 to 10 and 24 to 42 in Block N, all as shown on a map entitled “Incorporated Village of Garden City, Nassau County, N.Y., Map as adopted of the several parcels of real property to be Acquired for Park and Playground Purposes in Nassau Haven Section, Prepared by Order of the Board of Trustees, Inc. Village of Garden City, N.Y. Scale 1” = 30’, A. H. Rogers, Supt. of Public Works, March 20, 1957, No. 842-B’, Nassau County map 6838, and including the right-of-way of Hudson Road from the north side of Colonial Avenue a distance of 400 feet and including the right-of-way of Greenridge Avenue easterly from the western boundary of lot 42 in Block A a distance of 220 feet. The vote on the foregoing resolution was as follows: 13  AYES: 8 NOES: 0 The resolution was declared adopted. VILLAGE ADMINISTRATOR 1. Veteran’s Flags on Seventh Street. Board authorization is requested for the approval of the installation of five (5) double sided brackets on the south side of Seventh Street, between Hilton Avenue and Cathedral Avenue, near the Garden City Public Library, for the hanging of Veteran’s flags, by CJ Flag & Son, Inc., 129 West Montauk Highway, Lindenhurst, New York, at a total cost of $937.50. Funds are available in Account 0A.6410.4250 Prep and Dist of Literature. On motion of Trustee Torino and unanimously carried, the aforesaid request was approved. VILLAGE CLERK 1.Supplemental Payment to Village Election Inspectors. Board authorization is requested for approval of a supplemental payment of $50 to each Village Election Inspector that worked at the March 19, 2024 Village Election, due to the extended time required to canvas Early Mail ballots and Absentee ballots, at a total cost of $750.00. Funds are available in Account 0A.1450.4160 Election – Consultant Fees. On motion of Trustee Torino and unanimously carried, the aforesaid request was approved. JUSTICE COURT 1. Compensation for “Per Diem” Prosecutors in Village Justice Court. Requested authorization for the Mayor to re-appoint the following individuals to act as independent contractors “per diem” prosecutors to represent the Village Justice Court. The compensation authorized by the Board of Trustees for each prosecutor be $350 per Court Session, effective April 1, 2024 through April 7, 2025. This is a renewal of the prior agreement with the prosecutors. The prosecutors are as follows: Christopher Gomoka, Robert McLaughlin, Marybeth Molloy Talt and Joseph M. Terino. Village Counsel has reviewed the agreements and approved them as to form. The agreements are on file in the Village Clerk’s Office. On motion of Trustee Torino and unanimously carried, the aforesaid request was approved and the Mayor was authorized to execute the agreements. 14 POLICE 1.New York State Bureau of Weights and Measures – Annual Truck Scale Calibration. Board authorization is requested to approve the attendance of Police Officer James Gunnels to travel to Syracuse, New York, to attend the New York State Bureau of Weights and Measures for truck scale calibration, May 7-9, 2024, at an approximate cost of $600. The Police Department Truck Scales are now due for calibration, which is necessary for Court presentation and prosecution. Funds are available in Account 0A.3120.4120 Travel & Training. On motion of Trustee Torino and unanimously carried, Police Officer Hudak was authorized to attend the aforesaid conference and to be reimbursed for such expenses as he may incur in connection therewith. RECREATION 1. CREST Grant Application. Board authorization is requested to accept a CREST Grant, in the amount of $145,000, to be used for the purchase of a new 44-passenger bus for the Recreation Department. This Grant is being offered to the Village from the Office of State Senator Kevin Thomas. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. LIBRARY 1. Library Maintenance of Software – Transfer of Funds. Board authorization is requested to approve a transfer of funds to Account 0A.9961.9000 Contribution to Library from Account 0A.1990.4000 Contingent, to cover the increase in cost for VMWare Software renewal. The cost was $4,932 in 2023; however VMWare was taken over by another company and the new vendor has revised the cost formula resulting in a new price of $xxx, and therefore an unanticipated increase of $13,580. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. PUBLIC WORKS 1. Acceptance of CREST Grant. Board authorization is requested to accept a CREST Grant in the amount of $180,000 to be used for the new Cherry Valley Sidewalk. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. 15  2. Power Washing on Seventh Street – Transfer of Funds. Board authorization is requested to transfer $7,900 to Account 0A.5110.44460 Street Maintenance – Contractual Services from Account 0A.1990.4000 Contingent. On motion of Trustee Torino and unanimously carried, the aforesaid recommendation was approved, and the Treasurer was authorized to make the necessary transfer of funds. 3. Power Washing on Seventh Street – Engagement of Professional Services. Board authorization is requested to approve the proposal submitted by Metroexpress Services, 1301 Metropolitan Avenue, Brooklyn, New York, to power wash the sidewalk and paver areas on Seventh Street between Franklin and Hilton Avenues, at an estimated cost of $7,900. On motion of Trustee Torino and unanimously carried, the aforesaid request was approved. AWARD OF BID 1. First Renewal – Sodium Hypochlorite (Liquid Chlorine) – Tortorella Authochem LLC – Recreation and Parks. Board authorization is requested to renew for the first time, at the same prices, and under the same conditions, with Tortorella Authochem LLC, 296 West Montauk Highway, Hampton Bays, New York, for liquid chlorine to be used at the Garden City Swimming Pool for the 2024 pool season, at a cost of $2.80 per gallon. This is the first of three possible renewals for this item. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. 2. First Renewal – Horticultural and Athletic Field Products – Long Island Cauliflower Associates – Recreation and Parks. Board authorization is requested renew for the first time, at the same prices, and under the same conditions with Long Island Cauliflower Association, 139 Marcy Avenue, Riverhead, New York, for items nos. 1, 2, 3, 4, 5, 6 various grass seed fertilizers on an “as needed” basis. This ist eh first of three possible renewals. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. 3. Award Bid – Senior Exercise Equipment – Recreation and Parks. Board authorization is requested to award the bid for Senior Exercise Equipment to Kompan, Inc., 605 West Howard Lane, Austin, Texas, low bidder, at a cost of $42,956.82. Funds are available in Account OH.7140.2151 Recreation. On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. 16 EXTERNAL COMMUNICATIONS On-Street Parking 1. (a) Donald Clavin and Nancy Akeson, 21 Franklin Court (2) On motion of Trustee Torino and unanimously carried, the aforesaid authorization was approved. Mayor Flanagan recognized the following: Ryan Mulrooney, Kenwood Road Frank McDonough, 141 Hampton Road Bob Herz, 111 Cherry Valley Avenue John Wilton, Garden City Chamber of Commerce Andrew Shumelda, Garden City On motion of Trustee Torino and unanimously approved, the Board recessed at 9:15 p.m. for the advice of Counsel. The Board reconvened at 9:44 p.m. There being no further business, on motion duly made, the meeting adjourned at 9:45 p.m. 17  BOARD OF TRUSTEES APRIL 29, 2024 A special meeting of the Board of Trustees of the Village of Garden City in the County of Nassau, New York, was held at 108 Rockaway Avenue in said Village on April 29, 2024 at 7:03 p.m. Present: Mayor Mary Carter Flanagan, Trustees Bruce J. Chester, Judy Courtney (arrived 7:06 p.m.), Edward T. Finneran, Vinny Muldoon (arrived 7:07 p.m.), Jessica Tai and Bruce A. Torino. Also Present: Mark Mulholland, Ruskin Moscou Faltischek, P.C. John Chillemi, Ruskin Moscou Faltischek, P.C. Kelly Galanek, Village Clerk Absent: Trustee Michele Beach Harrington Attendance: None. The Village Clerk reported that due notice of this meeting had been served on each member of the Board. Mayor Flanagan called the meeting to order and Trustee Torino made a motion, which was unanimously approved, to recess into executive session and stated that the purpose of the executive session was for a discussion with Mark Mulholland, Ruskin Moscou Faltischek, P.C. The Board reconvened at 8:59 p.m. There being no further business, on motion duly made, the meeting adjourned at 9:00 p.m.  RENEWAL AGREEMENT PROVISION OF FUEL This Renewal Agreement is entered into this ____ day of _________, 2024, by and between the BOARD OF EDUCATION OF THE GARDEN CITY UNION FREE SCHOOL DISTRICT (the “DISTRICT”), a municipal corporation with offices located at 56 Cathedral Avenue, Garden City, New York 11530, and THE INCORPORATED VILLAGE OF GARDEN CITY (the “VILLAGE”), a municipal corporation with offices located at 351 Stewart Avenue, Garden City, New York 11530. WHEREAS, the Parties are party to an agreement for the provision of Fuel to the District for the term of July 1, 2020 through June 30, 2021, which is attached hereto as Exhibit “A” (“Agreement”); WHEREAS, the Agreement was renewed pursuant to the renewal provision of the Agreement for the terms of July 1, 2021 through June 30, 2022, July 1, 2022 through June 30, 2023 and July 1, 2023 through June 30, 2024; WHEREAS, both parties desire to renew the Agreement for one year for the term of July 1, 2024 through June 30, 2025, pursuant to the renewal provisions of the Agreement; WHEREAS, pursuant to the Agreement, the Agreement may be renewed by mutual approval of the parties; NOW, THEREFORE, the Parties incorporate each of the above WHEREAS clauses into the body of this Renewal Agreement as if more fully set forth at length herein, and in consideration of the terms and conditions hereinafter set forth, the Parties agree as follows: 1. The Parties hereby agree that the Agreement is renewed for a term commencing on July 1, 2024 and ending June 30, 2025, under the same terms and conditions as provided for in the Agreement. 2. Page 3, Paragraph 6: The Parties hereby agree that for the period beginning July 1, 2024 and ending June 30, 2025, the Village shall issue quarterly invoices to the School District for all Fuel provided to the School District during the preceding months. The Parties agree that all other terms in this paragraph of the original agreement shall remain the same. 3. Page 3-4, Paragraph 13(a): Revise to delete and replace with the following: If to the VILLAGE: 351 Stewart Avenue Garden City, NY 11530 Attn: Village Administrator With a copy to: Gerard Fishberg Cullen and Dykman LLP 333 Earle Ovington Blvd, 2nd Floor Uniondale, NY 11553 Page 1 of 2  4. Nothing contained herein shall be deemed a waiver of any of the terms, provisions, or conditions of the Agreement. 5. That except as expressly set forth herein, the Agreement, its terms, conditions, and provisions shall remain in full force and effect. 6. That this Renewal Agreement shall be deemed attached and incorporated into the Agreement. 7. To the extent that any of the terms and conditions of this Renewal Agreement conflict with the terms and provisions of the Agreement, the terms and provisions of this Renewal Agreement shall govern and control. 8. This Renewal Agreement will not be in effect until agreed to in writing and signed by authorized representatives of both parties. Each party represents and warrants that the person signing this Renewal Agreement on its behalf has been properly authorized to do so. This Renewal Agreement is subject to and contingent upon formal review, approval, and execution by the District’s Board of Education. WHEREFORE, the parties hereto have set their hands and seals on the dates delineated below: INCORPORATED VILLAGE OF GARDEN CITY By: ___________________________ Mayor GARDEN CITY UNION FREE SCHOOL DISTRICT By:___________________________ President, Board of Education GGDOCS-237144038-123\8.0 Page 2 of 2  RENEWAL AGREEMENT PROVISION OF SALT AND SAND This Renewal Agreement is entered into this ____ day of _________, 2024, by and between the BOARD OF EDUCATION OF THE GARDEN CITY UNION FREE SCHOOL DISTRICT (the “DISTRICT”), a municipal corporation with offices located at 56 Cathedral Avenue, Garden City, New York 11530, and THE INCORPORATED VILLAGE OF GARDEN CITY (the “VILLAGE”), a municipal corporation with offices located at 351 Stewart Avenue, Garden City, New York 11530. WHEREAS, the Parties are party to an agreement for the provision of Salt and Sand to the District for the term of July 1, 2020 through June 30, 2021, which is attached hereto as Exhibit “A” (“Agreement”); WHEREAS, the Agreement was renewed pursuant to the renewal provisions of the Agreement for the terms of July 1, 2021 through June 30, 2022, July 1, 2022 through June 30, 2023 and July 1, 2023 through June 30, 2024; WHEREAS, both parties desire to renew the Agreement for one year for the term of July 1, 2024 through June 30, 2025 pursuant to the renewal provisions of the Agreement; WHEREAS, pursuant to the Agreement, the Agreement may be renewed by mutual written consent of the parties for additional one year terms; NOW, THEREFORE, the Parties incorporate each of the above WHEREAS clauses into the body of this Renewal Agreement as if more fully set forth at length herein, and in consideration of the terms and conditions hereinafter set forth, the Parties agree as follows: 1. The Parties hereby agree that the Agreement is renewed for a term commencing on July 1, 2024 and ending June 30, 2025, under the same terms and conditions as provided for in the Agreement. 2. Nothing contained herein shall be deemed a waiver of any of the terms, provisions, or conditions of the Agreement. 3. That except as expressly set forth herein, the Agreement, its terms, conditions, and provisions shall remain in full force and effect. 4. That this Renewal Agreement shall be deemed attached and incorporated into the Agreement. 5. To the extent that any of the terms and conditions of this Renewal Agreement conflict with the terms and provisions of the Agreement, the terms and provisions of this Renewal Agreement shall govern and control. 6. This Renewal Agreement will not be in effect until agreed to in writing and signed by authorized representatives of both parties. Each party represents and warrants that the person Page 1 of 2 signing this Renewal Agreement on its behalf has been properly authorized to do so. This Renewal Agreement is subject to and contingent upon formal review, approval, and execution by the District’s Board of Education. WHEREFORE, the parties hereto have set their hands and seals on the dates delineated below: INCORPORATED VILLAGE OF GARDEN CITY By: ______________________________ Mayor GARDEN CITY UNION FREE SCHOOL DISTRICT By:_______________________________ President of the Board of Education GGDOCS-237144038-124\5.0 Page 2 of 2  LICENSE AGREEMENT This License Agreement is made as of the day of , 2024 between Adelphi University, One South Avenue, Garden City, New York 11530, herein called "Licensor" and Inc. Village of Garden City, 351 Stewart Avenue, Garden City, NY 11530 herein called "Licensee." Licensor for and in consideration of the covenants and agreements hereinafter set forth, hereby grants a license to the Licensee for the use of the Licensor’s facilities as hereinafter detailed. Licensee represents that it is an association or corporation organized under the laws of the State of ______________________, duly authorized to enter into this License Agreement for use of Licensor’s facilities described herein. 1. Facility Use: A. Licensor grants to Licensee and Licensee accepts this license for use of the Performing Arts Center Olmsted Theatre (244), PAC Concert Hall Dressing Room 1 (026), Olmsted Dressing Rooms 1 (081) and 2 (082) and PAC Olmsted Green Room (080), 064, 057, 031, located on Licensor’s Garden City campus located at 1 South Avenue, Garden City, NY 11530 (“Licensed Space”), at the following dates and times for the purpose of conducting a performance, as follows: Wednesday, May 29, 2024 6:30PM – 9:30 PM Friday, May 31, 2024 6:30 PM – 10:00 PM Saturday, June 1, 2024 12:00 PM – 9:30 PM (hereinafter “License Term”) The parties acknowledge and agree that the use of Licensed Space is subject to written confirmation by Licensor thirty (30) days prior to the date of the License Term referenced above. In the event that either of the parties elects not to proceed with the License Term due to restrictions or regulations related to the use of the space that would make the use as originally planned impractical, the parties may agree not to proceed with this License and the terms of Section 4C shall apply. 2. License fee: The license fee for use of the Licensed Space as herein described is $2,955.00. The license fee is payable as follows: (a) If the Agreement is executed more than thirty (30) days prior to the first date of usage, a deposit of fifty percent (50%) of the license fee is due and payable upon Licensee’s execution of this Agreement and the balance is due thirty (30) days prior to the first date of usage; (b) If the Agreement is executed thirty (30) day or less prior to the usage, payment in full of the license fee is due upon Licensee’s execution of this Agreement. The license fee includes normal room and building set-ups and any cost associated with technical equipment, the use of Licensor’s technicians and other special requirements . In the event that Licensee does not surrender the Licensed Space at the end of the License Term as set forth above, overtime charges may apply. In the event that Licensee fails to remit timely payment of the fees due hereunder, Licensor reserves the right, at Licensor’s sole discretion, to terminate the Agreement or a late payment fee of $250 may be assessed. 1  In the event that this License Agreement is terminated by Licensee (excluding terminations based on Section 4C), the following cancellation fees will apply: 1. If terminated sixty (60) days or more prior to commencement of the License Term, an Administration Fee of One Hundred Fifty Dollars ($150) will apply and be deducted from the Deposit paid on execution of this Agreement. The balance of the Deposit will be refunded. 2. If terminated less than sixty (60) days prior to the commencement of the License Term, the Deposit would be forfeited. 3. Liability and Risk: A. The Licensee shall at all times keep the Licensed Space in a neat, clean and orderly condition. The Licensee agrees to quit and surrender the Licensed Space to the Licensor at the conclusion of the License Term in the same condition as of the commencement of the License Term, ordinary use and wear thereof excepted. B. Licensee assumes full responsibility for proper use by its participants, personnel and others attending its program at the Licensed Space, and shall restrain all such persons from entering or utilizing other areas or facilities of Licensor not included by this License. Licensor’s rules and regulations shall be observed and no drugs, beer, wine, liquors or other controlled substances shall be permitted as defined in Licensor’s Standards of Conduct Regarding Illicit Drugs and Alcohol, a copy of which is annexed hereto and made a part hereof. Any participant, personnel, or others attending Licensee's program with any of the above mentioned substances shall be removed from Licensor’s facilities immediately. Licensee shall comply with all Adelphi University Safety and Parking Regulations. C. Licensor does not permit any employees of any contractor or sub-contractor, external group or organization to be on Licensor’s property if that employee has been convicted of any sexual offenses. Licensee will assure that proper background checks have been conducted on all employees prior to arriving on Licensor’s property. Licensee shall immediately notify Licensor’s Department of Public Safety upon becoming aware of such arrests or convictions. Such notice shall be made to Licensor's Public Safety Office, located at Levermore Hall either in person or by telephone at 516-877-3511. Int:____ D. Use of the Licensed Space shall be subject to all federal, state, and local guidelines, laws, regulations, and governmental orders related to the COVID-19 pandemic as well as Licensor’s guidelines related to same. Such guidelines, laws, regulations, and governmental orders may change at any time. Licensee agrees to abide by, and to require and ensure that all of Licensee’s organizers, employees, agents, contractors, guests and other invitees abide by, all of Licensor’s policies and procedures relating to the mitigation of the risk of exposure, infection and spread of COVID-19, which may include, without limitation, restricting the number of attendees in a particular space, requiring all visitors to maintain social distancing, requiring all persons to wear face masks or face coverings while using the Licensed Space, requiring all visitors to Licensor’s campus to submit to temperature checks and/or health screenings, and other policies and procedures as may be determined by Licensor from time to time in its sole discretion. Licensor may require any person attending Licensee’s event who is not complying with such policies and procedures to leave the premises. Licensee acknowledges that there may be additional costs associated with the actions Licensor undertakes to mitigate the risks associated with COVID-19 in accordance with all applicable federal, state, county and Licensor guidelines and Licensee agrees to bear the costs related to same. 2  Further, Licensee acknowledges and agrees that Licensor may cancel, reschedule, move or place limitations or restrictions on Licensee’s rental of Licensed Space in response to any federal, state or local governmental order, regulation, policy, Licensor guideline or other guidance issued after the date of this License Agreement without penalty to Licensor. In the event that Licensor cancels Licensee’s event, the terms of Section 4C will apply. Int:____ E. Licensee acknowledges and agrees that, despite the precautions (such as restricting the number of attendees in a particular space, requiring all visitors to maintain social distancing, requiring all persons to wear face masks or face coverings while using the Licensed Space, requiring all visitors to Licensor’s campus to submit to temperature checks and/or health screenings) intended to mitigate the risk of exposure, infection and spread of COVID-19 described in this License Agreement, there remain inherent risks of being exposed to or contracting COVID-19 at any public place or event, including Licensor’s facilities. Licensee expressly assumes these risks. Furthermore, Licensee acknowledges and agrees to the limitation of liability and indemnification provisions described in this License Agreement as they relate to the inherent risks of exposure, infection and spread of COVID-19. F. Licensee accepts the licensed facilities and agrees that the Licensor shall not in any event whatsoever be liable for any injury or damage to any person or property happening on or about the Licensed Space, or arising out of the exercise of this license, or for any injury or damage to any property of the Licensee, its participants, personnel or any other person, on or about the licensed premises, or arising out of the exercise of this License, except for intentional or gross negligent acts or omissions of the Licensor. The Licensee shall indemnify and shall save harmless the Licensor, its servants, agents, and employees from and against any and all liability, loss, cost, expense or damage, including reasonable counsel fees for the Licensor and punitive damages, and from and against any and all suits, claims and demands of every kind and nature, by or on behalf of any person, firm, association or corporation, arising out of or based upon any accident, injury or damage however occurring, which may happen on or about the Licensed Space or arising out of the exercise of this License. Such liability shall not be limited to the insurance coverage herein provided. Licensor reserves the right to retain whatever funds which would be due to Licensee under this License Agreement until such suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished. The terms of this Section 3F shall survive the expiration or termination of this License Agreement. G. During the term of this License Agreement, the Licensee will provide to Licensor, a Certificate of Insurance and a corresponding endorsement, which evidences Worker's Compensation Insurance in accordance with the laws of the State of New York, sexual abuse and molestation coverage, and Commercial General Liability with limits not less than $1,000,000 per occurrence for bodily injury and property damage. The Certificate of Insurance and endorsement for general liability policies must name “Adelphi University” as an additional insured and state that the Licensee's insurance is "primary" and non-contributory to Licensor's. The Certificate of Insurance and endorsement must be provided to Licensor, as follows, upon signing this License Agreement and must include all dates set forth in the License Term: Adelphi University One South Avenue Garden City, New York 11530 3  Attention: Event Sales Manager The Certificate of Insurance must provide thirty (30) days' notice of any material change or cancellation. Any words limiting notice "to best efforts, endeavor to advise, not responsible to notify, etc." will result in certificate being rejected. H. If and when any of Licensor’s employees are hired and paid by the Licensee, the Licensee will be responsible for any Worker's Compensation claim that may occur as the result of a work related injury incurred while performing services for the Licensee. Licensee shall post a "Notice to Employees" in compliance with Labor Law of New York State. I. Licensee agrees to notify and provide a written statement, as soon as practicable, to Licensor of any and all "incidents" or "suspicious" behavior involving Licensee, its students, chaperones, employees, staff, agents, invitees or guests that may occur during the term of this License Agreement. Incidents may include, but are not limited to, death, injury, assault of any nature, missing persons, theft, vandalism, drug & alcohol violations, arrest or other detention by public authorities. Licensee agrees to cooperate fully with the questions and direction of Licensor's Public Safety Office and Officers. Licensee acknowledges that Licensor does not permit weapons of any kind on Licensor’s property. Weapons violations shall be reported to Licensor's Public Safety Office immediately. Notices to Licensor’s Public Safety are to be made to Licensor's Public Safety Office, located at Levermore Hall either in person or by telephone at 516-877-3511. J. Licensor’s representative shall assess physical damage to the Licensed Space at the conclusion of the License Term. Licensee will be held solely responsible for any and all costs to repair damages caused by Licensee's personnel, participants or any others attending its program. 4. Miscellaneous: A. This License Agreement may be terminated by the University upon not less than ten (10) business days' written notice in the event of a material breach of this License Agreement by the other party; provided, however, that this License Agreement shall not terminate in the event that the defaulting party cures such material breach within ten (10) business days of receipt of notice of the breach. B. This License Agreement may be terminated by Licensor for convenience at any time upon written notice to Licensee. Upon any termination of this License Agreement for convenience Licensor shall pay to Licensee any payments received from Licensee through the effective date of such termination and Licensor shall have no further obligation to Licensee. C. If, for any reason beyond either party's control, including but not limited to mechanical failure, natural disaster, disease, pandemic or governmental order, whereby the scheduled session must be canceled, the parties agree to schedule a mutually agreeable "make-up" date in good faith. If the parties cannot schedule a mutually agreeable "make-up" date, Licensee's sole remedy shall be a full refund of payments received for the session not conducted. D. The Licensor reserves the right to alter the License Term in the best interests of the Licensor by giving appropriate notice. E. Licensor’s Caterer (Adelphi Dining Services) reserves the exclusive right to provide and/or sell all food and beverages during Licensee’s event. In the event that Licensee violates this requirements, Licensee will be subject to assessment of a fee/penalty. This will be payable by Licensee upon presentment of an invoice for same by Licensor. 4 F. This License is personal to the Licensee, and the License may not be assigned or used by any other person or party without the prior written consent of the Licensor. G. The terms and conditions of this License may not be changed or amended orally but only by an agreement in writing, signed by the parties hereto. H. Written approval of all advertisements referring to this License must be obtained from Licensor prior to publication. I. Licensee represents that no trustee, officer, employee or any other person affiliated with Adelphi University and having involvement with this contract (I) is affiliated in any way with the Licensee; and (2) received, was promised, or will receive anything of value in connection with this License Agreement or the performance thereof. J. All notices, consents, demands, requests, approvals and other communications that are required or may be given pursuant to this License Agreement shall be in writing and shall be deemed to have been duly given if personally delivered (including overnight courier service) or mailed certified first class mail, postage prepaid: If to Licensor: Adelphi University One South Avenue PO Box 701 Garden City, NY 11530-0701 Attn: Chief Financial Officer If to Licensee: Inc.Village of Garden City 351 Stewart Avenue Garden City, NY 11530 Attn: Ms. Mary Carter-Flanagan or to such other person or persons at such address or addresses as may be designated by written notice to the other party pursuant to this License Agreement. Notice shall be deemed delivered at the time received for personal delivery, or when mailed at a United States Post Office box or branch office. K. This License Agreement shall be governed by, interpreted, construed, and enforced under the laws of the State of New York, without regard to the principles of conflicts of laws. Any claims under this License Agreement must be brought in a court of competent jurisdiction located within the State of New York or, at Licensor’s sole discretion, may be referred to the American Arbitration Association for arbitration proceedings. L. This License Agreement may be transmitted in electronic format and shall not be denied legal effect because it was formed or transmitted, in whole or in part, by electronic means. An electronic, digital or electronically transmitted signature (collectively, “Electronic Signature”) will be deemed an acceptable original for purposes of consummating this License Agreement and binding the party providing such Electronic Signature. 5  M. This constitutes the entire agreement between the parties with respect to the subject matter and no statement, promise, or inducement made by either party or agent of either party that is not contained in this written Agreement shall be valid or binding. This License Agreement may not be enlarged, modified or altered except in writing signed by both parties and endorsed thereon. This License Agreement shall be construed without regard to any presumption or other rule requiring construction against the party who caused this Agreement to be drafted. IN WITNESS WHEREOF, the Parties hereto have duly executed this License Agreement. Adelphi University Inc. Village of Garden City By:__________________________________ By:________________________________ Chief Financial Officer Ms. Mary Carter-Flanagan Date:________________________________ Date:_______________________________ 6  ADELPHI UNIVERSITY POLICY Standards of Conduct Regarding Illicit Drugs and Alcohol Adelphi University—in its mission to provide a quality education for students and to prepare them for a productive and civilized life—realizes the importance of a drug-free campus and is therefore strongly committed to the prevention of substance abuse. To maintain an atmosphere conducive to this mission, the following policies, rules, and standards have been implemented. They apply to all students, employees, and their organizations, and are in accordance with all applicable federal, state, and local laws. A biennial review of this program will be conducted to determine its effectiveness and to suggest the implementation of changes to the program, if deemed necessary. This review will also ensure that the sanctions developed by the University are consistently enforced. General Policies 1. The unlawful manufacture, distribution, dispensing, possession, or use of illicit drugs and alcohol anywhere on Adelphi’s campuses or as part of any Adelphi University activity is prohibited. 2. Students and others who have demonstrated a repeated abuse of alcohol will be referred to appropriate counseling services. 3. Disruptive or inappropriate behavior caused by drugs or alcohol use will not be tolerated. Violators are subject to removal from campus and disciplinary action. 4. All members of the Adelphi community must abide by the terms of this policy. 5. Violations of the policies, rules, and standards adopted by the University concerning substance abuse should be reported to the Office of Human Resources when the violation involves an employee. The Assistant Vice President for Human Resources and Labor Relations or a designated representative will be assigned to process reports (as defined in the Drug Free Workplace Act) regarding convictions of employees. Student-related reports should be made to the Office of the Dean of Student Affairs. Convictions of anyone employed on a federal grant program must be reported to the Provost’s Office so that a report can be made to the federal government within ten days after conviction. 6. Any member of the Adelphi community found to be in violation of this policy will be subject to disciplinary action, which may range from referral for counseling, disciplinary probation, loss of University housing, suspension or dismissal from the University or employment, based on the merits of the case. 7. Any student or employee convicted under federal, state or local law applicable to the policy stated above (#1) must report said conviction within five days. Students report to the Office of the Dean of Student Affairs; employees report to the Office of Human Resources. 7 Rules Governing the Use of Alcohol 1. Alcoholic beverages will not be permitted under any circumstances anywhere in the residence halls, including student rooms. Students who bring alcoholic beverages into the residence halls or rooms will be subject to strict disciplinary action. 2. Alcoholic beverages may be provided only through the University in licensed premises, including the Ruth S. Harley University Center and Alumni House. No other alcoholic beverages may be brought onto campus or served. 1. Licensed premises must operate within the rules, regulations, and statutory requirements of federal, state, and local governments. 2. Drinking contests of any kind are strictly prohibited. 3. When alcoholic beverages are provided on campus, food and non-alcoholic beverages must also be made available. 4. Advertisements for student events should be commensurate with the educational mission of the University. Emphasis on alcohol terminology will not be permitted in advertisements. 3. The possession and consumption of alcoholic beverages outdoors is restricted by Village of Garden City Ordinance. 4. Solicitation and publication of alcohol-related advertisements in University publications and media is prohibited. 8 Kelly Galanek From: Frank A. Tauches Jr. <ftauches@americanportfolios.com> Sent: Tuesday, April 30, 2024 4:28 PM To: Kelly Galanek Cc: Paul Blake; Commissioner Kenneth Jackson; Matt Pearn Subject: RE: Memorial Day Parade CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kelly The William Bradford Turner American Legion Post 265 respectfully requests permission to conduct its annual Memorial Day Parade and Ceremony on Memorial Day, May 27th. This year our focus will be on honoring our Veterans who served on active duty during the Viet Nam Conflict from 1962 through 1975. James Brady, a long time village resident and member of our Post who has been active in many village organizations will be the Grand Marshall. Our schedule will be as follows: 9:00 a.m. Memorial Service at the Cathedral of the Incarnation 10:00 a.m. Parade Assembly at Parking Lot on the east corner of 10 th Street and Franklin Avenue and march down Franklin Avenue and Seventh Street to Veterans Memorials 11:00 a.m. Memorial Ceremony at Veterans Memorials on Seventh Street At the suggestion of the Garden City Police Department, the assembly for the parade this year will be in the parking lot on the east side of Franklin Avenue and 10th Street instead of the west side of 10th Street where it interfered with traffic in the residential area. We all feel that this is a safer situation. All Members of our Post, other posts, and all Veterans of our Village are invited to participate. The Mayor and Trustees of our Village are invited to participate in any and all of the above and I would like to have Mayor Mary Carter Flanagan be the first speaker after the invocation to welcome those attending if she is available. Lease let me know if any further information is needed. As always, thank you for your continued support and all that you do for our Village. Frank A. Tauches Jr. Commander, William Bradford Turner American Legion Post 265 D 631.612.8295 ftauches@americanportfolios.com From: Kelly Galanek <kgalanek@gardencityny.net> Sent: Tuesday, April 30, 2024 8:59 AM 1 To: Frank A. Tauches Jr. <ftauches@americanportfolios.com> Subject: Memorial Day Parade CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you know the content is safe. Good morning, I haven’t seen any permit requests for the Memorial Day parade this year and wanted to follow-up. I would like to get it onto the next Agenda, May 9th. Please let me know! Thank you, Kelly Galanek Village Clerk Incorporated Village of Garden City 351 Stewart Avenue Garden City, NY 11530 Phone: (516) 465-4051 Email: kgalanek@gardencityny.net Securities offered through American Portfolios Financial Services, Inc. (APFS), Member: FINRA/SIPC Do not use email to: 1) request, authorize or enter the purchase or sale of a security 2) send fund or securities transfer instructions. This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. If the reader of this email is not the intended recipient or his or her authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this email is prohibited. If you have received this email in error, please notify the sender by replying to this message and delete this email immediately. 2