PLEASE TAKE NOTICE
The Board of Trustees of the Village of Kings Point will hold public hearings at 6:00 p.m., on Tuesday, June 20, 2023, at the Village Hall, 32 Steppingstone Lane, Kings Point, New York 11024, with respect to Bills 3, 4A, 5A, 6, 7 8B, and 9C of 2023, which read, respectively, as follows:1. Bill 3 of 2023, a local law amending subsection A, of § 161-59, Prohibited acts, of Article IX, Architectural and Preliminary Site Review Board, of the Code of the Village of Kings Point.Section 1. Subsection A, of § 161-59, Prohibited acts, of Article IX, Architectural and Preliminary Site Review Board, of the Code of the Village of Kings Point, is hereby amended, to read as follows.A. It shall be unlawful for anyone to substantially change the facade, including but not limited to the roof, doors, windows, and other architectural details, in color, material, or design, of any structure, without the ARB’s prior approval.(1) The determination as to whether such a change is substantial shall be made by the Superintendent of the Building Department (the “Superintendent” ).(2) Any property owner who is aggrieved by the determination of the Superintendent may appeal to the Board of Trustees within 30 days of the determination of the Superintendent.Section 2. Effective date. This local law shall take effect immediately.2. Bill 4A of 2023, a local law creating the position of Commissioner of Public Works.Section 1. The Code of the Village of Kings Point is hereby amended to add a new chapter 32, Public Works, Commissioner, to read as follows:”Chapter 32PUBLIC WORKS, COMMISSIONER§ 32-1. Findings and purpose.A. The Department of Public Works (“DPW” ) is an essential department of the Village.B. The DPW, among other things, is required to use its best efforts to assure safe access along Village roads, especially during significant snow falls.C. The Board of Trustees can best assist the DPW if it is aware of the DPWís needs, as to employees, equipment, and operations.D. The Board of Trustees finds that a liaison on behalf of the Board to the DPW would assist in making it aware of those needs to best provide for the Village.§ 32-2. Establishment.A. The position of Commissioner of Public Works (the “Commissioner” ) is hereby established in the Village.B. The Commissioner shall be appointed by the Mayor, subject to the approval of the Board of Trustees in accordance with the provisions of the Village Law.C. The term of office of the Commissioner shall be one year.D. The Commissioner shall serve without compensation.§ 32-3. Duties.A. To act as a liaison on behalf of the Mayor and Board of Trustees to the Superintendent and other employees of the DPW.B. To communicate with the Superintendent and other employees of the DPW to discuss their operations, concerns, and questions.C. To review the DPW budget and salaries.D. To review the DPW equipment, its condition, and future equipment replacements and needs.E. To review the DPW operations.F. To review proposed contracts for DPW equipment.G. To review the status of the Village Roads and assist in determining the appropriate times and types of repaving needed for those roads.Section 2. Effective date. This local law shall take effect immediately.3. Bill 5A of 2023, a local law establishing a Park Board.”Chapter 26PARK BOARD§ 26-1. Findings and purpose.A. The public parks within the Village serve an essential part in enhancing the life of the residents of the Village.B. Some of those public parks are operated by the Village and others by the Commissioners of the Great Neck Park District, a Special District of the Town of North Hempstead, and others by the County of Nassau..C. The Board of Trustees finds that it is essential for the residents of the Village that the Board of Trustees has a body that can provide oversight of the operations of those parks and a liaison on behalf of the Board of Trustees to the individuals who operate those parks.§ 26-2. Establishment.A. Pursuant to the authority vested in the Board of Trustees under Village Law § 3-308, subsection 1, a Park Board is hereby established in the Village.B. The members of the Park Board shall be appointed by the Mayor, subject to the approval of the Board of Trustees in accordance with the provisions of the Village Law.C. The Park Board shall be composed of five members who shall perform their duties subject to the Board of Trustees. The Board of Trustees shall designate one of the members as the Commissioner of the Park Board.D. The terms of office of the members of the Park Board shall be one year. E. The Park Board members shall serve without compensation.§ 26-3. Duties.A. To act as a liaison from the Mayor and Board of Trustees to the individuals operating public parks within the Village (the “Parks” ).B. To discuss with the individuals operating the Parks the structures, equipment, trees and other plantings, and other aspects of the maintenance, operations, and uses of the Parks. Those discussions shall include, but not be limited to the condition and need for repair or replacement of the structures and equipment and any proposed new structures and equipment.C. To review the budgets of the entities operating the Parks.D. Such other duties as, from time to time, the Board of Trustees may assign to them.” Section 2. Effective date. This local law shall take effect immediately.4. Bill 6 of 2023, a local law creating the position of Commissioner of Building Department.Section 1. The Code of the Village of Kings Point is hereby amended to add a new chapter 7, Building Department, Commissioner, to read as follows:”Chapter 7BUILDING DEPARTMENT, COMMISSIONER§ 7-1. Findings and purpose.A. The Building Department is an essential department of the Village.B. The Building Department, among other things, is required to implement and enforce the Fire Prevention and Building Construction, Property Maintenance, and other chapters and of the Village Code.C. The Board of Trustees can best assist the Building Department if it is aware of the Building Departmentís needs, both as to employees and equipment.D. The Board of Trustees finds that a liaison from the Board to the Building Department would assist in making it aware of those needs to best provide for the Village.§ 7-2. Establishment.A. Pursuant to the authority vested in the Board of Trustees under Village Law § 3-300, subsection 3, the position of Commissioner of Building Department (the “Commissioner” ) is hereby established in the Village.B. The Commissioner shall be appointed by the Mayor, subject to the approval of the Board of Trustees in accordance with the provisions of the Village Law.C. The Commissioner shall be a member of the Board of Trustees.D. The term of office of the Commissioner shall be one year.E. The Commissioner shall serve without compensation.§ 7-3. Duties.A. To act as a liaison from the Mayor and Board of Trustees to the Superintendent and other employees of the Building Department.B. To communicate with the Superintendent and other employees of the Building Department to discuss their operations, concerns, and questions.C. To review the Building Department budget and salaries.D. To review the Building Department equipment, its condition, and future equipment replacements and needs.E. To review proposed contracts for Building Department equipment.Section 2. Effective date. This local law shall take effect immediately.5. Bill 7 of 2023, a local law establishing the position of Village Administrator.Section 1. The Code of the Village of Kings Point is hereby amended to add a new chapter 40, Village Administrator, to read as follows:”Chapter 40Village Administrator§ 40-1. Supersession of the Village Law.Pursuant to the authority of villages under § 10 of the Municipal Home Rule Law, the following provisions of the Village Law of the State of New York (the “Village Law” ) are hereby superseded as follows:A. § 3-301(1)(c) of the Village Law is hereby amended in its application to the Village, to read as follows: “c. a treasurer, except where the Village has elected to have a village administrator, in which case the power and authority of the treasurer shall be vested in the village administrator.”B. § 3-301(1)(d) of the Village Law is hereby amended in its application to the Village, to read as follows: “d. a clerk or a village administrator.”C. § 3-302(3) and (4) of the Village Law are hereby expressly superseded to the extent that any provisions of those sections may be inconsistent with the provisions of this chapter.§ 40-2. Village Administrator: establishment, powers, and duties.A. The Board of Trustees may from time to time establish or abolish the office of Village Administrator, in lieu of the offices of Village Clerk and Village Treasurer.B. When the Board of Trustees has established the position of Village Administrator, the Village Administrator shall be appointed by the Mayor, subject to the approval of the Board of Trustees, to serve at the pleasure of the Mayor. C. When the Board of Trustees has established the position of Village Administrator, it may also establish the position of Assistant Village Administrator. The Assistant Village Administrator shall be appointed by the Mayor, subject to the approval of the Board of Trustees, to serve at the pleasure of the Mayor. D. Notwithstanding any other provision of law to the contrary, with the consent of the Board of Trustees, the neither the Village Administrator nor the Assistant Village Administrator shall be required to be a resident of the Village, but shall be a resident of the County of Nassau or a county which adjoins the County of Nassau.E. The Village Administrator shall be subject to the ultimate authority, supervision, and direction of the Mayor and Board of Trustees consistent with their authority established in the Village Law. During the absence or disability of the Village Administrator, the Assistant Village Administrator shall perform the duties, assume the responsibilities, and act for and on behalf of the Village Administrator. If the Assistant Village Administrator position is not filled, or the Assistant Village Administrator is also not available due to absence or disability, the Board of Trustees may designate any properly qualified person to perform those duties.F. The Village Administrator shall have the powers and duties of the Village Clerk and the Village Treasurer, as may be provided in the Village Law or any other statute, law, rule, or regulation of the State of New York or as may be provided by this Code. Any reference in any statute, law, rule, regulation, or this Code to the Village Clerk, Treasurer or Clerk-Treasurer shall be deemed to be a reference to the Village Administrator.G. In addition to and not as a limitation of the powers and duties of the Village Administrator set forth in subsection F hereof, the Village Administrator shall also have the following powers and duties:(1) Supervision and oversight of all Village superintendents, supervisors, and other employees, paid officers, and departments with the exception of all elected officials, board members, commission members, justices, police officers, and police dispatchers.(2) Coordination with and assistance to Village volunteer boards, commissions, and committees as may be prescribed by the Board of Trustees from time to time.(3) Overseeing the financial affairs of the Village, including keeping the Mayor and Board of Trustees fully advised of the financial condition of the Village and making recommendations as to its future financial needs.(4) Exercising oversight to insure that the Village laws, policies, rules, regulations, and determinations of the Board of Trustees are properly executed.(5) Oversight, care, and protection of Village property, facilities, equipment, and information systems.(6) Exercise supervision and oversight over the purchase of all materials, supplies, and equipment, and coordinate and assist in the letting of contracts by the Board of Trustees.(7) Interact with Village residents and other interested persons concerning Village government operations and services.(8) Interact with other government bodies and agencies on behalf of the Mayor and Board of Trustees.(9) The principal grants administrator of the Village.(10) The principal records and records retention administrator of the Village.(11) The principal information officer of the Village.(12) Such other powers and duties as may be designated or assigned from time to time by the Mayor, with the consent of the Board of Trustees, in the manner authorized by law, including the functions of one or more other positions duly authorized by law.§ 40-3. Other employees and officers.Nothing contained herein shall be deemed to relieve any Village superintendents, supervisors, and other employees and paid officers of any of the duties and responsibilities they currently have unless specifically stated herein, it being the intent of this chapter that the Village Administrator, on behalf of the Mayor and Trustees, will exercise supervision and oversight over those parties in carrying out their duties and responsibilities.§ 40-4. Authority of Mayor and Trustees.Nothing contained herein shall be deemed to curtail, transfer, or diminish any of the powers or authority of the Village Mayor and Trustees, it being the intent of this chapter that the Village Administrator will assist the Mayor and Board of Trustees in carrying out their responsibilities.§ 40-5. Conflicts.No elected official of the Village shall be eligible to serve as the Village Administrator while serving in its elective position.” Section 2. Effective date. This local law shall take effect immediately.Bill 8B of 2023, a local law Amending the regulations with regard to retaining walls and fences. Section 1. Subsection A, of § 161-36, Retaining walls, of Chapter 161, Zoning, of the Code of the Village of Kings Point is hereby amended by adding a new subdivision 3, to read as follows:”(3) A compilation of stones, minerals, or similar materials in excess of four feet in height.” Section 2. Subdivision 2 of subsection D, of said § 161-36, is hereby amended, to read as follows:”(2) When there is more than one retaining wall within 35 feet of a property line, no other retaining wall or fence within that thirty-five-foot distance shall have a top elevation greater than eight feet above the elevation of the bottom of the lowest retaining wall.” Section 3. Subdivision 2 of subsection H, of said § 161-36, is hereby amended, to read as follows:”(2) A combined height of all retaining walls and fences within 35 feet of a property line in excess of eight feet, but not in excess of 10 feet above the elevation of the bottom of the lowest retaining wall, so long as the view of the retaining walls will not adversely impact the adjacent neighbors or the public from a public street.” Section 4. Said § 161-36, is hereby further amended by adding a new subsection I, to read as follows:”I. No retaining wall may be constructed that would change the grade in violation of section 100-2 of this Code.” Section 5. Effective date. This local law shall take effect immediately.Bill 9C of 2023, a local law amending Chapter 147, Trees, of the Code of the Village of Kings Point.Section 1. §147-2, Definitions, of Chapter 147, Trees, of the Code of the Village of Kings Point, is hereby amended to delete the definition of “specimen tree” and to change the definition of “Habit” to read:”HABIT – The natural growing characteristics of any tree, which includes branch spread and distribution, branch height above ground, and root spread and distribution.” Section 2. Subsections A and B, of §147-3, Prohibitions, of said chapter, are hereby deleted and Subsections C, D, E, and F, are hereby redesignated as Subsections, A, B, C, and D, respectively.Section 3. Newly designated subsections B, C, and D of said §147-3, Prohibitions, of said chapter, are hereby amended to read, respectively, as follows:”B. It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the substantial alteration of a tree on said real property if that tree has a diameter of six inches at a point that is four feet six inches above the ground at the lowest point of the base of the tree without a permit. In the event that a tree was cut so that it cannot be measured at that four feet six inches point, if at any other point above the ground the remaining portion of the tree has a diameter of six inches or more, for the purposes of this chapter, it shall be treated the same as if it had a diameter of six inches or more at a point that is four feet six inches above the ground at the lowest point of the base of the tree.” “C. It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow any tree to be cut, removed, uprooted, or otherwise altered in such a way as to cause soil erosion and/or alter the flow of water onto an adjacent property or street.” “D. It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the property to be substantially razed, cleared, or otherwise vacated of trees or vegetation without first submitting a tree replacement landscape plan to the Superintendent and/or to an applicable Village board with jurisdiction for approval. The minimum required replacement trees shall be in accordance with § 147-7(C) or as found to be acceptable by an applicable Village board with jurisdiction or the Superintendent.” Section 4. Subparagraphs a and b, of paragraph 4, of subsection B, of §147-4, Application for permit, of said chapter, are hereby amended to, read, respectively, as follows:”(a) An outline of existing heavily wooded areas on the site showing the tree types and range of sizes.” “(b) The location and size of trees to be removed.” Section 5. Paragraphs 5 and 6, of subsection B, of said §147-4, of said chapter, are hereby renumbered as paragraphs 6 and 7, respectively, and a new paragraph 5 is hereby adopted, to as follows:”(5) Photographs sufficient to identify the trees to be removed or substantially altered. Prior to taking the photographs, the trees shall be identified by ribbons, colored tape, paint, or a similar manner so that they will be clearly identifiable in the photographs and by the people removing or substantially altering them. The photographs shall clearly show the location of the trees and the surrounding trees such that subsequently it can be determined that only the trees for which permits were issued were removed or substantially altered.” Section 6. Paragraphs 1 and 2, of subsection C, of said §147-4, of said chapter, are hereby amended to read, respectively, as follows:”(1) The condition of the trees with respect to disease and danger of falling, proximity to existing or proposed structures and interference with utility services.” “(2) The necessity of the removal or alteration of the tree in question.” Section 7. §147-5, Fees, of said chapter, are hereby amended to read as follows:”§ 147-5. Fees and deposits.The application fee and deposit for an application pursuant to this chapter shall be as established from time to time by resolution of the Board of Trustees. The fee shall be paid upon submission of the application and shall not be refundable. The deposit shall not be returned until photographs are provided sufficient to confirm to the Superintendent that only the trees for which permits were issued were removed or substantially altered. In the event that a tree or trees were removed or altered for which the permit was issued, the deposit shall be forfeited to the Village as a Civil Penalty, which shall be in addition to any penalty a court may impose.” Section 8. The title of §147-6, Removal of trees or specimen trees, of said chapter is hereby amended to read as follows:”§ 147-6. Removal of trees.” Section 9. Subsection C, of §147-7, Replacement, of said chapter, is hereby amended to read as follows:”C. The maximum number of replacement trees shall be equal to the 110% replacement diameter of all of the trees to be replaced. All replacement trees shall be trees as specified by the Superintendent, unless otherwise specified by a Village board. The size of the tree shall be no less than three inches in diameter (measured six inches above grade as per nursery standard). The location where it shall be planted, and the date by when it shall be planted, shall be determined by the Superintendent, unless otherwise specified by an applicable Village board with jurisdiction.” Section 10. Effective date. This local law shall take effect immediately.Dated: Kings Point, New York BY ORDER OF THE BOARD OF TRUSTEES May 11, 2023 VILLAGE OF KINGS POINT Gomie Persaud, Village Clerk-Treasurer
