MINUTES OF THE REGULAR MEETING
OF THE BOARD OF TRUSTEES
held on Wednesday, February 12, 2025 at 7:30 PM
PRESENT: ABSENT:
Mayor Lawrence A. Ceriello
Deputy Mayor Antonio D’Angelo
Trustee Regina Im
Trustee Gregory LiCalzi, Jr.
Trustee Joseph Williams
Robert Morici, Morici & Morici, LLP
John Ryan, Morici & Morici, LLP
Mayor Ceriello led the Board and guests in the Pledge of Allegiance.
A Motion to open the Public Meeting was made by Mayor Ceriello, seconded by Deputy Mayor D’Angelo and approved by all. The Meeting was called to order by Mayor Ceriello at 7:45 p.m.
MINUTES
A motion to approve the minutes for January 8, 2025, Board of Trustees meeting was made by Trustee Im & seconded by Trustee Williams and unanimously approved.
NEW BUSINESS
LEE
Mr. Sean Lee, 499 Hunt Lane, appealed to the Board for the installation of speed bumps to the section of Hunt Lane which is across from the Munsey Park School field. The current speed limit is 15 miles per hour and Mr. Lee said many times the cars are driving 30/40 mph. Mayor Ceriello agreed that speeding is an ongoing issue throughout the Village specifically Park Avenue and Manhasset Woods Road. Several years ago, the Village hired an engineering firm to conduct a traffic study which was required for the Village to lower the State speed limit from 30 mph to 25 mph. The study also included traffic mitigations techniques, some of which included roundabouts, speed bumps and an increase in traffic enforcement. The Board acknowledged that removable speed bumps can be affective tool, however, there are issues to consider for example, the fire department feels it slows down response time, there is an associated noise when cars go over the speed bump, proper signage, safety lighting, removal of bumps and snowplows. The Mayor and BOT will continue the discussion of speed within the Village as it is an on-going issue. Mr. Lee will continue discussions with his neighbors on Hunt Lane and research removable speed bumps and associated costs.
ELECTION
Petitions were submitted to the village clerk for Patty Miller and Bruno Carusone for the two vacant seats of Trustees and Mayor Ceriello for the open seat of Mayor. The uncontested election will take place at Village Hall on March 18, 2025, from Noon to 9 PM.
PROPOSE LOCAL LAW – 2 – 2025 - Tax Cap
Mayor Ceriello read the proposal of a local law to allow the Incorporated Village of Munsey Park to adopt a budget for the fiscal year commencing June 1, 2025, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
There will be a Public Hearing and Vote on Proposed Law, known as proposed Local Law 2-2025, at the next regularly scheduled Meeting of the Board of Trustees on March 19, 2025.
Mayor Ceriello explained that the Tax Cap is tied to the rate of inflation so if the Village’s expenses exceed the levy due to inflation, then we can pierce that cap. The Mayor highlighted that with a modest increase in 2021 the tax levy for the Village remained flat for five years and again with a modest increase last year. He acknowledged the Board has done a tremendous job controlling expenses while continuing to take on major projects throughout the Village.
RESOLUTION – GREAT NECK/NORTH SHORE CABLE COMMISSION
The Mayor provided some background and explained that the Village allows cable companies to use our land in the Right of Way (ROW) to provide service and we, in turn, impose a fee for the use of that land. Years ago, each village negotiated a fee separately with every cable company which resulted in unequal negotiating power. Thus, the North Shore Villages united as the Great Neck/North Shore Cable Commission and renegotiated the Cable Franchise Agreement. This agreement expired several years ago. Currently, the fee is 4% of total gross revenue with 1% going to North Shore TV and the remaining 3% going to the village. The Commission is in the final stages of the renewal agreement with Verizon which will be presented and reviewed at a soon to be scheduled public hearing.
Trustee Im made a motion to adopt the following resolution, seconded by Trustee LiCalzi, and carried as follows:
Mayor Ceriello AYE
Deputy Mayor D’Angelo AYE
Trustee LiCalzi AYE
Trustee Im AYE
Trustee Williams AYE
Resolved, that the Board of Trustees of the Village of Munsey Park hereby authorizes a quorum of its Trustees to attend a public hearing with respect to the renewal of the cable franchise of Verizon New York, Inc. (“Verizon”); and Resolved, that the Village shall work cooperatively with the Great Neck/North Shore Cable Commission (the “Commission”) and the other Villages comprising the Commission to schedule a convenient date, time and place to hold said public hearing; and Resolved, that once the date, time and place for the public hearing is established, the Board of Trustees hereby ratifies and adopts the action of the Commission and/or the Village in publishing proper notice of said public hearing in the Village’s official newspaper; and
AGREEMENT BETWEEN THE COUNTY OF NASSAU, NEW YORK AND THE INCORPORATED VILLAGE OF MUNSEY PARK IN RELATION TO INTERMUNICIPAL COOPERATION
Trustee Williams made a motion to adopt the following agreement, seconded by Mayor Ceriello, and carried as follows:
Mayor Ceriello AYE
Deputy Mayor D’Angelo AYE
Trustee LiCalzi AYE
Trustee Im AYE
Trustee Williams AYE
THIS AGREEMENT (“Agreement”) made and dated as of the date February 12, 2025 that this Agreement is executed by Nassau County, by and between the (i) County of Nassau, a municipal corporation, having its principal offices at 1550 Franklin Avenue, Mineola, New York 11501 (the "County"); and the (ii) Incorporated Village of Munsey Park, having its principal offices at 1777 Northern Boulevard, Manhasset, New York 11030 (“VILLAGE” or “CONTRACTOR”).
WITNESSETH:
WHEREAS, it is in the best interests of the County and the VILLAGE to share resources in the undertaking of municipal improvement projects and other purposes, as authorized by Article 5-G of the General Municipal Law (“GML”) of the State of New York;
WHEREAS, each party hereto has certain resources, including equipment, personnel and financing which is available to carry out such projects and purposes;
WHEREAS, it is possible to make such resources available for mutual use when it is in the public interest;
WHEREAS, it is desirable for the County and the VILLAGE to undertake a certain project as authorized by the GML through this Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereto do agree as follows:
Section 1. The County and the VILLAGE each represent that they are authorized, pursuant to Article 9, § 1 of the New York State Constitution and Article 5-G of the GML to enter into intergovernmental agreements to undertake the project, as described herein.
Section 2. The County and the VILLAGE, believing it to be in their respective best interests, do hereby authorize inter-municipal cooperation for the project as hereinafter defined.
Section 3. Under all applicable rules of public bidding and procurement, the VILLAGE will undertake a project (the “Project”) to purchase and install a new early childhood playground and related items, all with a useful life of no less than five (5) years, for the VILLAGE park. The purchased equipment will be used for recreational services to residents in connection with the County’s Department of Parks, Recreation, and Museums, to ensure recreational locations available to County residents. The VILLAGE represents and warrants that it has completed its review of the Project pursuant to the applicable provisions of the New York State Environmental Quality Review Act (“SEQRA”) and has provided the County with documentations evidencing its SEQRA compliance.
Section 4. The County shall provide ONE HUNDRED TEN THOUSAND DOLLARS ($110,000.00) (“Funds”) to the VILLAGE for the purchase of goods and services in connection with the Project. Payment shall be made to the VILLAGE in arrears and on a reimbursement basis and shall be contingent upon (i) the VILLAGE submitting a claim voucher (the “Voucher”) in a form satisfactory to the County, that (a) states with reasonable specificity the services provided and the payment requested as consideration for such services, (b) certifies that the services rendered and the payment requested are in accordance with this Agreement, and (c) is accompanied by documentation satisfactory to the County supporting the amount claimed, and (ii) review, approval and audit of the Voucher by the County and/or the County Comptroller or his/her duly designated representative (the “Comptroller”).
Section 5. The VILLAGE shall use these Funds solely for the Project no later than five (5) years from the execution of this Agreement. The County’s role in the Project shall be limited to providing the Funds. Accordingly, the County shall have no responsibility or liability to any person or entity for any element of the Project.
Section 6. The VILLAGE shall (i) as between the County and the VILLAGE, accept full ownership, liability, and maintenance responsibilities for the Project; and (ii) grant to the County and its residents access to the Project equal to access enjoyed by residents of the VILLAGE for a period of at least five (5) years. The County shall not be obligated to contribute any funds or incur any costs or burdens associated with its use.
Section 7. Regardless of whether required by Law (as defined herein), the VILLAGE shall, and shall cause its agents to, conduct their activities in connection with this Agreement so as not to endanger or harm any person or property. The VILLAGE shall deliver services under this Agreement in a professional manner consistent with applicable best practices. The VILLAGE shall ensure that all approvals, licenses, and certifications (“Approvals”) which are necessary or appropriate are obtained.
Section 8. The County and the VILLAGE shall comply with any and all federal, state and local Laws, including those relating to conflicts of interest, discrimination, and confidentiality, in connection with their performance under this Agreement. In furtherance of the foregoing, the VILLAGE is bound by and shall comply with the terms of Appendix EE attached hereto. As used in this Agreement the word “Law” includes any and all statutes, local laws, ordinances, rules, regulations, applicable orders, and/or decrees, as the same may be amended from time to time, enacted, or adopted.
Section 9. The VILLAGE shall maintain and retain, for a period of six (6) years following the termination of this Agreement, complete and accurate records, documents, accounts and other evidence, whether maintained electronically or manually (“Records”), pertinent to its individual performance under this Agreement. Such Records shall at all times be available for audit and inspection by the County Comptroller, or any other governmental authority with jurisdiction over the provision of services hereunder and/or the payment therefor, and any of their duly designated representatives. The provisions of this Section shall survive termination of this Agreement.
Section 10.
a) The VILLAGE shall be solely responsible for and shall indemnify and hold harmless the County, its officers, employees and agents (“Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, attorney’s fees and disbursements) and damages (“Losses”), arising out of or in connection with any acts or omissions of the VILLAGE or any agent of the VILLAGE in the maintenance and control of the Project undertaken pursuant to this Agreement, regardless of whether due to negligence, fault, or default, including Losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same.
b) The VILLAGE shall, upon the County’s demand and at the County’s direction, promptly and diligently defend, at the VILLAGE’s own risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties and the VILLAGE shall pay and satisfy any judgment, decree, loss or settlement in connection therewith.
c) The VILLAGE shall, and shall cause its agents to, cooperate with the County in connection with the investigation, defense or prosecution of any action, suit or proceeding.
d) The provisions of this Section shall survive termination of this Agreement.
Section 11. Nothing contained herein shall be construed to create an employment or principal-agent relationship, or a partnership or joint venture, between the County and any officer, employee, servant, agent or independent contractor of the VILLAGE, or between the VILLAGE and any officer, employee, servant, agent or independent contractor of the County, and neither party shall have the right, power or authority to obligate or bind the other in any manner whatsoever.
Section 12. Notwithstanding any other provision of this Agreement:
a) Approval and Execution. The County shall have no liability under this Agreement (including any extension or other amendments of this Agreement) to any person unless (i) all County approvals have been obtained, including, if required, approval by the County Legislature, and (ii) this Agreement has been executed by the County Executive or his/her designee.
b) Availability of Funds. The County shall have no liability under this Agreement (including any extension or other modification of this Agreement) to any person beyond funds appropriated or otherwise lawfully available for this Agreement, and, if any portion of the funds for this Agreement are from the state and/or federal governments, then beyond funds available to the County from the state and/or federal governments.
Section 13. This Agreement represents the full and entire understanding and agreement between the County and the VILLAGE with regard to the subject matter hereof and supersedes all prior agreements (whether written or oral) of the parties relating to the subject matter of this Agreement.
Section 14.
a) The undersigned representative of the County of Nassau hereby represents and warrants that the undersigned is an officer, director or agent of the County of Nassau with full legal rights, power and authority to sign this Agreement on behalf of the County of Nassau and to bind the County of Nassau with respect to the obligations enforceable against the County of Nassau in accordance with its terms.
b) The undersigned representative of the VILLAGE hereby represents and warrants that the undersigned is an officer, director or agent of the VILLAGE with full legal rights, power and authority to sign this Agreement on behalf of the VILLAGE and to bind the VILLAGE with respect to the obligations enforceable against the VILLAGE in accordance with its terms.
LGRMIF – SCANNING
Currently, The Village is applying for a grant through The Local Government Records Management Improvement Fund (LGRMIF) which provides grants to local governments. These grants assist local governments to establish records management programs or develop new program components. It is a competitive program, awarding grants based on the merits of applications.
As part of the application process, Mayor Ceriello made a motion to adopt the following resolution, seconded by Deputy Mayor Ceriello, and carried as follows:
Mayor Ceriello AYE
Deputy Mayor D’Angelo AYE
Trustee LiCalzi AYE
Trustee Im AYE
Trustee Williams AYE
RESOLVED, by the Board of Trustees of the Incorporated Village of Munsey Park that Retention and Disposition Schedule of New York Local Government Records (LGS-1) , issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A:
(a) Only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1) , after they have the minimum retention periods described therein;
(b) Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.
VILLAGE REPORTS
· JUSTICE REPORT: The Monthly Justice Report for January 2025 notes total fines assessed in the amount of $933.00.
· BUILDING REPORT: The Building Report notes that between June 1, 2024, to Feb. 5, 2025, a total of 97 permits have been issued totaling $335,958 in Building Permit Fees.
· POLICE REPORT: The Police Report for December 2024 notes no Burglary-Residence, no Burglary-Business, no Robberies, no Larceny-Auto incident, (1) Larceny (other than auto), no Criminal Mischief incidents and a total of 26 summonses (25 Movers and 1 Parker).
· FINANCIAL REPORT: Deputy Mayor D’Angelo stated that the two noted expenses for this month are Meadow Carting (Garbage removal) and employee health insurance.
PUBLIC COMMENT:
Questions/Comments were received from the following:
Ray Cyrgalis, 710 Park Ave.
A Motion to close the Board of Trustees Public Meeting was made by Mayor Ceriello seconded by Trustee LiCalzi and unanimously approved at 8:52 p.m.
______________________________ ______________________________
Lawrence A. Ceriello Tara Gibbons
Mayor Treasurer/Clerk
