Minutes of the Public Hearing held on December 9, 1998 at 225 Broadway, New York

MINUTES OF THE PUBLIC HEARING TO CONSIDER LOCAL LAWS #15, 16 & 17 OF 2007 HELD ON DECEMBER 8, 2007 AT 105 BROADWAY, SALTAIRE, NEW YORK.

Mayor Rosenblum called the Public Hearing to consider Local Law # 15 of 2007 to order at 9:10 a.m. and the following were in attendance:

Scott S. Rosenblum, Mayor

Robert Lynn Cox, Trustee

Hugh A. O’Brien III, Trustee

Bruce A. Rich, Trustee

Hillary Richard, Trustee

Joseph Harry Baker, Counselor to the Board

Joseph Prokop, Village Attorney

Mario Posillico, Administrator & Clerk/Treasurer

Trustee Rich summarized the proposed local law to establish a new chapter of the Village Code of the Village of Saltaire regarding navigation and surface water use within the limits, boundaries and jurisdiction of the Village, copies of which were previously delivered to the Board of Trustees and distributed to all in attendance. Discussion amongst the Board members ensued and direction was given to the Village Attorney to simplify the law to define jurisdiction and to coordinate and include in the existing Chapter 14 of the Village Code. After presentation, discussion amongst the Board, and all having an opportunity to be heard, Trustee O’Brien made a motion to close the Public Hearing to consider Local Law #15 of 2007. The motion was seconded by Trustee Richard, and on call without objection it was unanimously approved to close the Public Hearing at 9:30 a.m.

Mayor Rosenblum called the Public Hearing to consider Local Law #16 of 2007 to order at 9:30 a.m. and the following were in attendance:

Scott S. Rosenblum, Mayor

Robert Lynn Cox, Trustee

Hugh A. O’Brien III, Trustee

Bruce A. Rich, Trustee

Hillary Richard, Trustee

Joseph Harry Baker, Counselor to the Board

Joseph Prokop, Village Attorney

Mario Posillico, Administrator & Clerk/Treasurer

Trustee Rich summarized the proposed local law to amend Chapter 55 (Zoning) of the Village Code of the Village of Saltaire regarding regulation of wireless communication towers and antennas, copies of which were previously delivered to the Board of Trustees and distributed to all in attendance. After presentation, discussion amongst the Board, and all having an opportunity to be heard, Trustee Cox made a motion to close the Public Hearing to consider Local Law #16 of 2007. The motion was seconded by Trustee O’Brien, and on call without objection it was unanimously approved to close the Public Hearing at 9:37 a.m.

Mayor Rosenblum called the Public Hearing to consider Local Law #17 of 2007 to order at 9:37 a.m. and the following were in attendance:

Scott S. Rosenblum, Mayor

Robert Lynn Cox, Trustee

Hugh A. O’Brien III, Trustee

Bruce A. Rich, Trustee

Hillary Richard, Trustee

Joseph Harry Baker, Counselor to the Board

Joseph Prokop, Village Attorney

Mario Posillico, Administrator & Clerk/Treasurer

Trustee Rich summarized the proposed local law to amend Chapter 38 (Peace & Good Order) of the Village Code of the Village of Saltaire regarding regulation of bamboo, copies of which were previously delivered to the Board of Trustees and distributed to all in attendance. Trustee Rich stated that the law as presented needed further minor drafting modifications as suggested by Board members. After presentation, discussion amongst the Board, and all having an opportunity to be heard, Trustee O’Brien made a motion to close the Public Hearing to consider Local Law #17 of 2007. The motion was seconded by Trustee Richard, and on call without objection it was unanimously approved to close the Public Hearing at 9:45 a.m.

Mayor Rosenblum called the Board of Trustees meeting to order at 9:45 a.m. and the following were in attendance:

Scott S. Rosenblum, Mayor

Robert Lynn Cox, Trustee

Hugh A. O’Brien III, Trustee

Bruce A. Rich, Trustee

Hillary Richard, Trustee

Joseph Harry Baker, Counselor to the Board

Joseph Prokop, Village Attorney

Mario Posillico, Administrator & Clerk/Treasurer

APPROVAL OF MINUTES

Draft copies of the minutes of the meetings of November 3, having been previously presented to the Board, were discussed. Trustee Cox made a motion to adopt the minutes as presented, which was seconded by Trustee Rich, and on call without objection, unanimously approved as written and to be revised subject to the non-substantive language modifications suggested.

PUBLIC WORKS REPORT

Trustee Cox reported on the activity of the Maintenance Department and other matters related to public works and the infrastructure of the Village. He stated the repair of Sea Walk north of Lighthouse Promenade was complete, and that the staff would next focus on rebuilding Crest Walk north of Lighthouse Promenade as an 8 foot walk, the Village standard. He stated that the dock house was nearly complete, and in service for residents. He also reported that the project for the replacement of the four main windows in the Library has been awarded to Larson Construction, the certified low bidder on the public bid, and that work will begin in a few weeks.

PUBLIC HEALTH AND SAFETY REPORT

Trustee O’Brien stated as reported at the previous Board meeting, Security Chief Joseph Walter had tendered his resignation in order to pursue other career opportunities, and that Mr. Walter will continue to serve as the head of the department until December 31, 2007 in order to help effect a smooth transition. The Village will take steps in the interim to undertake a search for his replacement.

FERRY & PARKING CONTRACT AUTHORIZATION

Trustee O’Brien reported that last month the Village had reached a verbal understanding with Fire Island Ferries to provide ferry service and with Fire Island Terminal to provide parking service, and has since proceeded to formalize that understating in an acceptable contract. The Village Attorney reported that the contract language representing the agreed-upon terms has been finalized for both parking and ferry, and that both are ready for execution. Trustee O’Brien moved that Mayor Rosenblum be authorized to execute the ferry contract with Fire Island Ferries and the parking contract with Fire Island Terminal as presented by Village Attorney Prokop, subject to such minor non-substantive language modifications that may be necessary. The motion was seconded by Trustee Richard, and on call without objection it was unanimously so approved.

FREEDOM OF INFORMATION POLICY

Trustee Cox moved adoption of the following policy for the processing of requests for information under the Freedom of Information Law:

VILLAGE OF SALTAIRE

FREEDOM OF INFORMATION LAW

Compliance Rules and Regulations

Public Officer's Law Article 6, referred to as the Freedom of Information Law, (hereafter referred to as FOIL), mandates that the Village of Saltaire adopt a uniform policy for processing of FOIL requests by way of rules and regulations which are adopted by the Village in accordance with that Statute.

The following FOIL Rules and Regulations are hereby adopted by the Village of Saltaire for the processing of FOIL requests, and shall be posted at the Office of the Village Clerk for the convenience of and information to the public.

Rules and Regulations:

Availability of Disclosable Records, Time and Place:

      a. Place:
Records which are in the possession of the Villages and which are disclosable under FOIL shall be available at the Office of the Village Clerk, Broadway, Saltaire, New York or at such other place as the Village Clerk may reasonably designate and informing the person or entity requesting the record accordingly, in writing.
      b. Time:
Records which are in the possession of the Villages and which are         disclosable under FOIL shall be available during the business hours of the Village Clerk or at such other times as the Village Clerk may reasonably designate and inform the person or entity requesting the record accordingly, in writing.

Records Access Officer, Designation, and Duties:
a. Records Access Officer

1. The Village Clerk is hereby designated as the Records Access Officer (“RAO”) and records which are disclosable under FOIL shall be obtained exclusively from the RAO as aforestated. Any department head, officer, employee, professional, contractor or agent of the Village who receives a FOIL request shall immediately provide same to the RAO.

b. RAO Procedures

Upon receipt of a FOIL request, the RAO shall comply with the following:

1. The FOIL request shall be indexed be receipted for the date that it is received and shall receive a number which shall the be year that it is received followed by a sequential number which shall begin with 1 for the first FOIL request that is received each year.

2. The RAO shall maintain a log and file of all FOIL requests which are received each year.

3. Upon receipt and indexing the RAO shall transmit a copy of the FOIL request to the Village Attorney and a copy shall be referred to the RAO if received by a village officer, employee, and/or department head.

4. The Mayor, Board of Trustees, and Village Attorney, shall be advised in a timely fashion by the RAO of all FOIL requests .

5. The RAO shall make an initial determination as to the availability of the requested records and as to whether or not an exemption applies.

6. If the RAO makes an initial determination that the records are available and that an exemption does not apply, the RAO shall then make an initial determination regarding the timing and manner of releasing said records.

7. In the event that it is expected that due to the voluminous or time consuming nature of a request the records cannot be produced within five business days of the date of the receipt of the request, the RAO shall notify the requesting party of the schedule or timetable for releasing the information or records.

8. In the event of a voluminous request designated for release, the RAO in his or her discretion shall require advance payment for the estimated number of copies before copying and releasing the information to the requesting party.

Maintaining and Protecting Village Records:
a. Exempt or Non-Disclosable Records

There shall be no disclosure of any public records that may be exempt or non-disclosable under the laws of the State of New York, the New York State Constitution, or under federal statute or law, unless a proper request is made pursuant under FOIL and a determination is made by the Board of Trustees to release said records, nor shall any records be permitted to be copied and/or leave the Village Departments and/or Offices until such time as they are deemed disclosable.

Integrity of Records

In order to insure the integrity of Village records, no documents or records of any type maintained by the Village and its various departments shall be released to any third parties, except its employees, officers, or agents of the village, who are acting in the performance of their Village duties, unless with the express authority of the RAO, and such records required by law to be created, maintained and disclosed.

c. Manner of Providing Copies

No copies of any Village records or documents shall be examined or copied unless with the express authority of the RAO or the Appeals Officer and procedures shall be enacted by the RAO that will insure that Village records and documents shall not be removed from village offices and that all records and documents can be accounted for. Records may be inspected without charge, if deemed disclosable without copies being made. The inspection will be conducted in such a manner and place as designated by the RAO to insure that the integrity of the records are maintained, and that they are not removed from Village offices.

Appeals Officer:
The Village Attorney and in his absence, the Commissioner of Legal Affairs, is hereby designated the appeals officer relative to any FOIL requests that have been denied by the RAO and the person or entity making the request shall be informed accordingly of their right to appeal and the name and address of the Appeals Officer.
Fees for copies:
The charge for copies shall be $.25 per page of the documents copied or in the event it is a tape recording, the cost of the tape, or in the event that due to the size or nature of the document the cost to the Village for a copy of the document is in excess of $.25 per page, then the cost which shall be charged by the Village to the Requester shall be the actual cost to the Village.
Creation of a Standard Form for the Information Request.
A standardized form shall be utilized by the RAO in responding to any FOIL request, said form to be reviewed from time to time and modified as may be required to conform with the law of the State of New York and as practice dictates. The form is attached hereto and made a part of this policy.

The motion was seconded by Trustee O’Brien, and on call without objection it was unanimously so approved.

PROPANE FEES

Trustee Richard made a motion to continue the 2007 permit fees schedule for propane licensing for 2008. The motion was seconded by Trustee O’Brien, and on call without objection it was unanimously so approved. Trustee Richard stated that the total of the propane fees collected will be sufficient to fund the work of the Fire Marshal.

MARINA FEES

Trustee Richard made a motion to increase the 2008 marina fee schedule by 10% for 2008, as was set by the Board or Trustees at the adoption of the 2007/08 budget. The motion was seconded by Trustee Cox, and on call the motion was so approved according to the following vote:

Mayor Rosenblum Abstain

Trustee Cox Abstain

Trustee O’Brien Yea

Trustee Rich Yea

Trustee Richard Yea

Mayor Rosenblum and Trustee Cox stated that they abstained due to the fact that they plan to make application for a marina slip in 2008.

POLICY FOR USE OF COMPUTERS, INTERNET AND E-MAIL

Trustee Richard moved the adoption of the following policy relating to the use of Village computers, internet and e-mail.

VILLAGE OF SALTAIRE

Policy for Use of Computers, Internet and E-Mail

Terms and Conditions for Computer, Internet and E-Mail Use

Each affected employee must carefully read, and agree to abide by, the following Village of Saltaire approved Acceptable Use Policy for Village of Saltaire provided e-mail and Internet access before signing. Conformance to this Policy should be considered to be a term and condition of affected employee’s employment. Abuse of e-mail and Internet access privileges or other non-conformance to this Policy may be cause for disciplinary action up to and including discharge.

The Internet offers many resources to Village of Saltaire employees for the efficient exchange of information and the timely completion of assigned responsibilities. The use of Internet facilities and e-mail by any employee, volunteer or contractor must be consistent with this Acceptable Use Policy.

This policy document delineates acceptable use of the Internet and Village of Saltaire computer hardware and software by employees, volunteers, and contractors while using Government-owned or leased equipment, facilities, Internet e-mail addresses, or domain names registered to the Village of Saltaire.

The following Internet and/or computer users are covered by this policy:

Authorized full and part-time employees of the Village of Saltaire.
Volunteers who are authorized to use the Village of Saltaire resources to access the Internet.
Contractors who are authorized to use Village of Saltaire owned or leased equipment or facilities.

Employees, volunteers and contractors who are not authorized to access the Internet as part of their official duties, may not access the Internet using Village of Saltaire facilities under any circumstances. It is expected that users who are authorized to access the Internet as part of their official duties, will do so to improve their job knowledge; to access scientific, technical, and other information on topics which have relevance to their assignments; and to communicate with their peers in other Government agencies, academia, and industry. Users should be aware that when access is accomplished using Internet addresses and domain names registered to the Village of Saltaire they might be perceived by others to represent the Village of Saltaire. Users are advised not to use the Internet for any purpose which would reflect negatively on the Village of Saltaire or its employees.

If an authorized user violates any of these provisions, his or her access privileges may be terminated and future access may be denied and may be cause for disciplinary action up to and including discharge. The signature at the end of this document is binding and indicates the party who signed has read the terms and conditions carefully, understands their significance, and agrees to abide by those terms and conditions.

The Village of Saltaire Village Administrator and/or Village Clerk Treasurer or Deputy Village Clerk or Treasurer, with general guidance from the Director of Finance (or other named officials) shall serve as the System Administrators for this Policy.

Acceptable Use of Internet Access and e-mail for Village of Saltaire Authorized Users:

The purpose of the Internet is to support research and enhance worker productivity by providing access to resources and communications. The use of your account must be in support of Village of Saltaire goals and objectives. The use of the Internet may not be used in violation of any local, state, federal, or international laws, regulations, or other government requirements. This includes, but is not limited to: theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm; harassment. Non-business communications and access to information for non-business related activities is not authorized.

E-mail messages must be drafted in a professional, business-like manner and shall use appropriate language. E-mail messages sent to Village of Saltaire employees in a mass mailing must be approved by the sender’s supervisor prior to delivery.

Privileges:

The use of the Village of Saltaire computer resources including e-mail and Internet access, is a privilege, not a right, and inappropriate use may result in a cancellation of those privileges and may be cause for disciplinary action up to and including discharge. The Village of Saltaire Board of Trustees may request the System Administrator to deny, revoke, or suspend specific user access privileges, when use that violates these policies has been determined.

Inappropriate Use of Village of Saltaire computer resources:

a) Participating or engaging in activities that violate the law.

b) Creating, storing, viewing or transmitting information which is fraudulent, harassing, embarrassing, sexually explicit, obscene, or defamatory.

c) Participating in any activity which constitutes harassment under the Village of Saltaire Harassment Policy or under state or federal law or regulations.

d) Reading, deleting, copying or modifying e-mail messages sent to others without their permission.

e) Promoting political or religious positions.

f) Operating a personal business, or any use for personal gain.

g) Using or installing any software or peripheral equipment not approved in advance by the System Administrator.

h) Engaging in any activity which would compromise the security of the Village of Saltaire network and computer resources such as any attempt to harm or destroy data through the upload or creation of computer viruses, hacking, monitoring or using systems without authorization.

Security:

Security is a high priority and the following must be adhered to:

a) Do not use another individual’s account.

b) Do not give your password to any other individual.

c) Attempts to log into the network as any other user will result in cancellation of user privileges.

d) Any user identified as a security risk may be denied access to the Village of Saltaire computer resources.

Village of Saltaire Rights:

a) The Village of Saltaire retains the right to monitor employees’ use of Computer Resources (including computers, the Internet and e-mail) to assure compliance with applicable laws, rules and regulations, as well as the Village of Saltaire’s Use Policy. This includes, but is not limited to, accessing stored information, reviewing logs of incoming and outgoing information and messages, as well as the content of that information. There can thus be no expectation of privacy with respect to an employee’s use of the Internet.

b) The Village of Saltaire through the System Administrator, reserves the right to record the location of all Internet sites accessed by users.

c) The Village of Saltaire through the System Administrator, reserves the right to block access to or from any Internet resources.

d) The Village of Saltaire will not be responsible for any damages. This includes but is not limited to the loss of data resulting from delays, non-deliveries, viruses or service interruptions. Use of any information obtained is at the user’s risk. Any computer connected to the Village of Saltaire’s network should have anti-virus software installed.

The motion was seconded by Trustee O’Brien, and on call without objection it was unanimously so approved.

ABSTRACT AUDIT

Trustee Rich presented the following abstracts and received questions from the members of the Board and the public:

General Checking No. 6B in the amount of $3,152.43

General Checking No. 7A in the amount of $137,030.42

Trustee Rich made a motion for approval of 6B & 7A as presented. The motion was seconded by Trustee O’Brien, and on call without objection the motion that the Mayor be authorized to execute the Warrants was unanimously carried.

ELECTION RESOLUTIONS FOR THE 2008 VILLAGE ELECTION

Trustee Rich moved adoption of the following election resolutions relating to the 2008 Village elections:

WHEREAS, the annual Village election for the Village of Saltaire for the year 2008 will be held on Friday, May 23, 2008 and

WHEREAS, there are by law three positions to be filled at the general Village election, and

NOW THEREFORE BE IT RESOLVED that the Board of Trustees does hereby declare the following positions vacant at the expiration of their respective indicated terms:

Mayor - two years

Trustee - two years

AND FURTHER BE IT RESOLVED THAT the next general Village election for two Trustees and one Mayor of the Inc. Village of Saltaire shall be held on May 23, 2008 between the hours of 12 noon and 9 P.M. at the Village Hall, 103 Broadway, Saltaire, New York; AND

WHEREAS, the next general Village election for two Trustees and one Mayor of the Inc. Village of Saltaire will be held on May 23, 2008 and,

WHEREAS, no person shall be entitled to vote at any Village election whose name does not appear on the register of the Village, and

WHEREAS, it is the duty of the Inspectors of Election to prepare such register of qualified voters;

NOW, THEREFORE, BE IT FURTHER RESOLVED

1. That the Inspectors of Election shall meet on the 13^th day of May, 2008 in the Village Hall to commence the preparation of the register for the forthcoming general election.

2. Personal registration for the Village shall be held on Sunday, May 11, 2008 between the hours of 9 A.M. and 5 P.M. and on Tuesday, May 13, 2008, between the hours of 12 noon and 5 P.M. at the Village Hall, 103 Broadway, Saltaire, New York.

3. Election day for the Village shall be held on Friday, May 23, 2008 between the hours of 12 noon and 9 P.M. at the Village Hall, 103 Broadway, Saltaire, New York.

Trustee O’Brien seconded the motion, and on call without objection the motions were unanimously so approved.

WAIVER OF LAND-USE TRAINING FOR 2007

Trustee Rich moved the adoption of the following resolutions regarding land-use training for 2007.

Resolution Waiving Training Requirement for Members Of the Zoning Board of Appeals

WHEREAS Section 7-712 (7) (A) of the Village Law provides that the members of the Zoning Board of Appeals of the Village of Saltaire are required to take four hours of training on an annual basis, and;

WHEREAS Section 7-712(7-c) of the Village law provides that the Board of Trustees may adopt a resolution which waives the training requirement of Section 7-712(7-a) for members of the Zoning Board of Appeals when the Board of Trustees determines that it is in the best interests of the Village to do so, it is therefore;

RESOLVED that the Board of Trustees hereby determines that it is in the best interests of the Village for the Board of Trustees to adopt this resolution and waive the training requirements of Section 7-712(7-a) of the Village Law, and the Board of Trustees hereby further resolves that the training requirement of Section 7-712(7-c) of the Village Law is hereby waived for the year 2007.

Resolution Waiving Board Member Training Requirements For Members of the Planning Commission and Board of Trustees

WHEREAS Section 7-718(7-A) of the Village Law provides that the members of the Village Planning Commission and the members of the Village Planning Board are required to take four hours of training on an annual basis, and;

WHEREAS Section 7-718(7-c) of the Village law provides that the Board of Trustees may adopt a resolution which waives the training requirement of Section 7-712(7-a) for members of the Village Planning Commission and the Village Planning Board when the Board of Trustees determines that it is in the best interests of the Village to do so, and;

WHEREAS in the Village of Saltaire the Board of Trustees performs the function of the Village Planning Board and the Trustees are therefore subject to the training requirements for a planning board pursuant to Section 7-718 (7-a) of the Village Law, it is therefore;

The motion was seconded by Trustee Richard, and on call without objection it was unanimously so approved.

Trustee Cox stated that he felt the training to be very beneficial, and would like to see all relevant Board and Commission members undertake the training in future years.

ADJOURN INTO EXECUTIVE SESSION

Trustee Cox made a motion that the Board adjourn into Executive Session to discuss personnel, litigation strategy and contract negotiation issues. The motion was seconded by Trustee Rich and on call without objection was approved at approximately 10:25 a.m.

RE-ADJOURNMENT INTO PUBLIC SESSION

Trustee O’Brien made a motion to re-adjourn into public session at 12:36 p.m. The motion was seconded by Trustee Cox, and on call without objection was unanimously so approved. The public meeting was called back into session by Mayor Rosenblum at 12:36 a.m., and the following were present:

Scott S. Rosenblum, Mayor

Robert Lynn Cox, Trustee

Hugh A. O’Brien III, Trustee

Bruce A. Rich, Trustee

Joseph Harry Baker, Counselor to the Board

Joseph Prokop, Village Attorney

Mario Posillico, Administrator & Clerk/Treasurer

PROCLAMATION OF GRATITUDE FOR SERVICE FOR MARGUERITE CONLAN

Mayor Rosenblum announced the retirement of Deputy Clerk Marguerite Conlan, effective December 31, 2007. Marguerite Conlan has served the residents of the Village of Saltaire for more than 20 years, and has done so with efficiency, patience and humor under all circumstances. Her smile and kindness have become part of Saltaire life for so many. Trustee Cox made a motion that the minutes reflect the Board of Trustees’ gratitude for Marguerite Conlan’s years of dedicated service to the Village, and its sincere hope that she enjoys here retirement in Saltaire for years to come. The motion was seconded by Trustee O’Brien, and on call without objection it was unanimously so approved.