Village of Dering Harbor
Trustees’ Meeting
April 13th, 2019, 9am 

• Attendance – Karen Kelsey, Deputy Mayor and Trustees Patrick Parcells, Clora Kelly, Ari Benacerraf, Wayne Bruyn (Village Attorney), Victoria Weslek (Village Clerk); Betsy Morgan, Mayor, was absent due to a death in the family; Members of the public present: Julie Lane, Donna Rittzmannn, Bridgford Hunt, Esther Hunt, Charles Modica, Lisa Modica, Joey Modica, Ben Brown, James Goldman, and Annbeth Eschbach

• Meeting called to order – 9:09am

• Approval of the minutes from the March 2^nd meeting – Clora moved and Patrick seconded, but Ari and Karen abstained because they were both unable to make the March 2nd meeting so could not approve of the minutes. Approval of these minutes will be added to the May 11th meeting.

• Approval of the minutes from the March 14th Special meeting- Patrick moved and Clora seconded to approve the minutes from the March 14th Special meeting. Motion passed (3 in favor, 1 abstention (Ari), 1 absent)

• Esther Hunt read a letter she wrote to state for the record that she is strongly in favor of a parking area. She wanted to correct some misinformation regarding parking in Dering Woods. She is happy to see off road parking in The Mildred Flower Hird Preserve, so long as it is not paved.

• Motion to open the Public Hearing on revisions to the Construction law- Karen asked for a motion to reopen a public hearing to hear additional comments on a Local Law Amending Local Law No. 4 of 2016 Regulating Construction to clarify the Definition of Construction Work. Moved by Patrick and seconded by Clora. All Board members present voted in favor.

Karen noted that this was 6th public hearing on this proposed revision. Charles Modica stood up to share his concerns that this law is overly burdensome, overreaching, and could result in a lawsuit. He expressed concern that if passed, it will further result in hard feelings between neighbors, citing that it could be conceived by some as continuing an argument between a resident and a sitting trustee. He asked the board to reconsider it. Patrick responded to Mr. Modica and suggested he look back at minutes dating back to 1995.  He cited that this is a decades old debate, is not being taken lightly, and that no one is trying to “do anything” to anyone. The impetus for this law came from residents in the Harbor Lane area who complained about excessive noise from landscaping activities. Both Ari and Clora agreed, with Clora adding that the board is trying very hard, earnestly and honestly, to pass legislation that is fair and balanced. To suggest otherwise is not ok and insulting. The BOT is trying to find a way for people, who come here on the weekends, to be able to enjoy their homes on the weekends. Mr. Modica concurred that there is a need for this law, but that it shouldn’t tell homeowners that they can’t work on the weekends.

Patrick suggested the board postpone the vote once again to consider the concerns raised in the hearing. Patrick moved to adjourn the public hearing to May 11th and Ari seconded. All Board members present voted in favor.

• Motion to open the Public Hearing on a local law amending various sections of the zoning law to reference the adoption of an application fee schedule. Moved by Patrick and seconded by Clora. All Board members present voted in favor.

Wayne explained that because of how the current law reads, the fee schedule (which was originally adopted in the 1970’s) has not changed since then. The proposed law would allow the fee schedule to be amended by resolution and In line with what many other municipalities do. Patrick explained that passing this law is really a housekeeping matter. Ari moved and Patrick seconded to close the hearing. All Board members present voted in favor.

Motion to adopt the local law was moved by Patrick and seconded by Ari. All Board members present voted in favor.

WHEREAS, the Board of Trustees of the Village of Dering Harbor have proposed a local law amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule; and

WHEREAS, a public hearing was held on March 2, 2019 and April 13, 2019; and

WHEREAS, by letter dated March 12, 2019, the Suffolk County Planning Commission considered the proposed local law to be a matter for local determination, and

WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 1 of 2019 is hereby adopted as follows:

LOCAL LAW NO. 1 OF 2019

A LOCAL LAW amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Legislative Intent.  Currently the Zoning Law provides for certain application fees that have not been amended or updated since the 1980s.  It is the intent of the local law to amend various sections of the Zoning Law to make reference to the adoption of an application fee schedule by resolution of the Board of Trustees, which may be reviewed and updated from time to time.

Section 2.  Amendment.  Section §7-710 of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 7-710 Building permit and Certificate of Occupancy/Compliance: fee

Every application for a building permit or a certificate of occupancy/compliance shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution. 

Section 3.  Amendment.  Section §7-716 of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 7-716; Other Fees

Unless a fee is otherwise expressly stated in the Zoning Law, all applications made under the Zoning Law, including but not limited to applications to the Planning Board, Board of Appeals, Architectural Review Board and Building Inspector, shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.  In addition, all applications shall be subject to the provisions of “Local Law 1 of 2016 Requiring reimbursement of Application Expenses and Consulting and Professional Fees.”

Section 4.  Amendment.  Section §7-718C of the Zoning Law is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 7-718C. Demolition Permit; fee

Every application for a demolition permit shall be subject to a fee in an amount set by the Board of Trustees from time to time by resolution.

Section5.  Authority.  The proposed local law is enacted pursuant to Village Law §7-714 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(4)(b).

Section 6.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 7.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after public hearing was held on March 2, 2019 and April 13, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of April 13, 2019 adopted LOCAL LAW NO. 1 OF 2019 as follows:  “A LOCAL LAW amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

Motion to adopt the new fee schedule was moved by Patrick and seconded by Clora. All Board members present voted in favor.

VILLAGE OF DERING HARBOR FEE SCHEDULE

Building/Construction

Application Fees (Per Application). $125 (Non-Refundable)

Building Permit $850 (Non-Refundable)

Certificate of Occupancy. $125 (Non-Refundable)

Construction Fees (Each Permit)

Habitable/Living Space. $2.00 per sq. ft.

Roofed Accessory Structures

Attached or Detached $2.00 per sq. ft.

Unroofed Accessory Structures. $1.00 per sq. ft.

Miscellaneous Structures (i.e. Fences, Pergolas). $1.00 per sq. ft.

Swimming Pools/Tennis Courts. $850 – up to 800 sq. ft

Spas/Hot Tubs. $1.00 per sq. ft thereafter

Demolition Permits (ALL). $1.00 per sq.ft.

Environmental Review Fee $1500.00

Road Opening Permit $ 850.00

Zoning Board of Appeals $ 950.00

Progress on applications is dependent on payment in full.

Fees will be doubled if construction work is started without a permit.

VILLAGE OF DERING HARBOR FEE SCHEDULE

Subdivision Final Plat Application Fee $1000

Subdivision Preliminary Plat Review Fees $500/per lot

With Roads $750/lot plus bond estimate

Subdivision Final Plat Review $500/per lot

With Roads $750/lot Plus bond estimate

Site Plan Review Fee $800.00

Subdivision Engineering Review Fee

5% of the capital improvement cost as calculated by the Village Engineer subject to refund to

the subdivider of any such payment not actually expended for engineering fees.

Subdivision Sketch Plan Application Fee $500.00

Subdivision Preliminary Plat Application Fee $1000

Progress on applications is dependent on payment in full.

Fees will be doubled if construction work is started without a permit.

• Motion to open the Public Hearing on a local law amending articles V, VI & IX of the zoning code with respect to nonconforming buildings and structures and nonconforming lots. Moved by Ari and seconded by Patrick. All Board members present voted in favor.

Wayne explained the basis for the need to change the law. “Special exception permission” is unnecessary when it comes to properties that meet all the requirements (including setbacks) except lot size. This proposed law seeks to lessen the burden on village residents with unnecessary process. Clora presented the “zoning study”, which examines and affirms the existing zoning law 2 of 2000 and the legislative findings and intent of the law. The zoning study catalogs existing conditions and creates a lot report for each house in the Village through satellite images, surveys, photographs etc. Clora pointed out that since the current law affects two thirds of village residents it is overly burdensome and arbitrary.Referrals to the ZBA have not been consistent in accordance with the code and is vulnerable to legal challenge. The current board is seeking to pass a law that is clear, impartial and that gives homeowners as of right zoning permissions. Wayne noted that the SCPC reviewed the application and that it is a matter of local determination. Clora proposed the hearing be kept open for continued discussion in order to educate people about the proposed changes. Motion was made by Patrick and seconded by Ari to adjourn this public hearing until May 11th. All Board members present voted in favor.

• Motion to open the Public Hearing on a local law amending the navigation, surface water use and mooring regulations of 2012 prohibiting transient anchoring and living on a boat at a dock. Moved by Clora and seconded by Patrick. All Board members present voted in favor.

Clora explained the proposed law is driven by environmental concerns, primarily to protect the waters of Dering Harbor. Regarding the “transient anchoring” piece, it arose as a result of a boat which was anchored in the harbor from July – October. Dering Harbor has no reliable pump out facilities. This brought attention to a vulnerability in our Village law. Current village law prohibits transient anchoring within 500’of the shoreline and beyond that, there is a strip btwn that 500’ and the mooring area of Shelter Island Yacht Club that is a “gray area” where any boat can throw out an anchor and stay for an undetermined amount of time. Because of where it was located, the Shelter Island bay constable had no grounds to ask the boat to leave. Clora added that the harbor has been listed as “impaired”, and the BOT wants to protect this asset. It was noted that SI Town already has a similar version of this law on its books. Wayne noted that under the provisions of the existing surface water law the village could redefine the terms of where boats are permitted to anchor. A map with the prohibited transient anchoring area is marked, that can be easily published and can be used by the bay constable for reference and enforcement.

As to the “living on boats at docks” piece, Clora noted that original law prohibits habitation on a boat placed on a dock. It was recommended by Charles Modica, the Village Harbormaster that the law be amended to allow guests to stay on a boat for 7 days per year, trustees agreed. Clora mentioned that what is being proposed mirrors a Shelter Island Town Law that has been on their books since 1970’s and that making the law uniform with the Town might facilitate enforcement. Patrick remarked that this piece could be hard for village to enforce.

Several members of the public had some input:

Charles Modica suggested including boats that anchor OR at a dock have a holding tank and that more buoys may be needed.

Bridgford Hunt had 2 remarks:1-He has enjoyed the hospitality of other villages when he traveled and lived on his own boat with his family; 2- does not understand prohibiting people from living on a boat at dock since it isn’t a problem. He sees it is a contradiction for the board to be considering prohibiting the use of boats in this way but expanding accessory building building use.

Joey Modica asked if other factors have been looked at that affect the pollution of the surrounding bay water (septics, nitrogen runoff from lawn care, etc).

Ari made a motion and seconded by Clora to adjourn this public hearing until May 11th. All Board members present voted in favor.

• Motion to open the Public Hearing on a local law amending the zoning law to permit sleeping and sanitary facilities in accessory buildings. Moved by Patrick and seconded by Clora. All Board members present voted in favor.

Clora explained that after careful consideration, the requirements of this law

are very strict. One of the reasons this is being considered is because village residents are at a competitive disadvantage in terms of property values as all neighboring municipalities in the North and South Forks of Long Island allow sleeping quarters in accessory buildings. Wayne explained the most important aspect of this legislation, which is not allowing for a separate 2nd dwelling on any property with a kitchen, etc. It includes a strict set of standards and set of conditions, which is a distinction from what other nearby municipalities do. Bridgford Hunt was supportive of allowing sleeping quaters in accessory buildings but has concerns about rental laws stating that the law makes it possible for mis-use. He was worried about enforcement. Clora agreed that it could be an issue and that the board was aware of enforcement problems, she stated that the Village has robust rental legislation on the books that makes use very restrictive. Wayne noted that the SCPC reviewed the application and said it is a matter of local determination. Patrick moved and Ari seconded to close the public hearing. All board members voted in favor.

Motion to adopt the local law was moved by Patrick and seconded by Ari. All Board members present voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions; and

WHEREAS, a public hearing was held on April 13, 2019; and

WHEREAS, by letter dated March 12, 2019, the Suffolk County Planning Commission considered the proposed local law to be a matter for local determination, and

WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 of 2019 is hereby adopted as follows:

LOCAL LAW NO. 2 OF 2019

A LOCAL LAW amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Legislative Intent.  Currently the Zoning Law prohibits “living or sleeping quarters or kitchen facilities of any kind” in an accessory building.  The Board of Trustees find that the seasonal and second home nature of the Village and the existing pattern of development and physical conditions of the Village of relatively large estate lots warrant consideration of the use of accessory buildings for sleeping and sanitary facilities for the family, guests, or domestic employees of the occupants of the principal dwelling.  The use and occupancy of an accessory building by the occupants of the principal dwelling, their family, guests, or domestic employees would be for sleeping and sanitary purposes only and there will no separate kitchen and cooking facilities in the accessory building.  It is the intent of this local law to amend the definition of an accessory building to eliminate the prohibition of the placement of sleeping and/or sanitary facilities in an accessory building and add a new section 4-427 setting forth conditions and special standards under which an accessory building may contain sleeping and sanitary facilities.

Section 2.  Amendment.  Section 1-106(2)(a), (definition of Accessory Building) is hereby amended by deleting strikethrough words and adding underlined words as follows:

427. Accessory Building. A building which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, or shed whether attached to or from the principal building or any other building on the lot. An accessory building shall not contain kitchen facilities of any kind.  An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building.  An accessory building may contain sleeping and sanitary facilities pursuant to the terms and conditions set forth in §4-427.

Section 3.  Amendment.  Section 3-300(2) is hereby amended by deleting strikethrough words and adding underlined words as follows:

Section 3-300; Uses, Permitted Generally

The following uses, buildings and structures are permitted in both districts:

1.   Detached single family dwelling
2. Accessory building or structure, including accessory buildings with sleeping and sanitary facilities authorized under §4-427
3. Accessory use
4. Municipal
5. Home occupation
6. Golf course

Section 4.  Amendment.  Article IV of the Zoning Law is amended to add a new section 4-427 (Sleeping and Sanitary Facilities in an Accessory Building) as underlined words as follows:

Section 4-427.  Sleeping and Sanitary Facilities in an Accessory Building.

Sleeping and sanitary facilities may be located in an accessory building whether it is attached or separate from a principal building or any other building or structure, provided the Building Inspector finds that the following conditions and standards are met:

1.   The accessory building with sleeping and sanitary facilities shall not be used and occupied by a person or family independent from the occupants of the principal dwelling on the lot.  Said accessory building with sleeping and sanitary facilities shall not be rented or leased to a tenant or tenants for occupancy by a person or family independent from the occupants of the principal dwelling.  Use and occupancy of the accessory building with sleeping and sanitary facilities shall be limited to family, guests or domestic employees of the occupants of the principal dwelling.  Nothing herein shall prohibit the entire lot being rented or leased provided any such tenant of the entire lot complies with the aforesaid restrictions.
2.   In order to construct, maintain or use an accessory building for sleeping and sanitary facilities, the landowner shall apply for and receive a building permit and certificate of occupancy in the manner of all other applications for building permits and certificates of occupancy.
3.   No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building that requires structural alterations to the exterior shall be issued by the Building Inspector until said application has been approved by the Architectural Review Board.
4.   No building permit for the addition of sleeping and sanitary facilities in a new building or in an existing accessory building shall be issued by the Building Inspector unless and until said application has been approved by the Suffolk County Department of Health Services.
5.   Special Standards.  In addition to any other standards, codes, rules or regulations which may be applicable to the construction and use of an accessory building, including the New York State Uniform Fire Prevention and Building Code, the Building Inspector shall certify that the following special standards have been complied with.

(a) An accessory building with sleeping and sanitary facilities shall be permitted in an existing building or structure that has been issued a certificate of occupancy/compliance, or be entitled to the issuance of a certificate of occupancy by virtue of a preexisting status, or is new construction that complies with the provisions of the Zoning Law.  Notwithstanding the above, no permit shall be processed until the lot has a certificate of occupancy for an existing single-family dwelling.

(b) The lot to which the accessory building with sleeping and sanitary facilities is to be added shall have only one dwelling unit in existence on the lot at the time of application.

(c) No more than one accessory building with sleeping and sanitary facilities shall be permitted on the lot.

(d) No nonconformities or violations of the Zoning Law shall exist at the time of application for an accessory building with sleeping and sanitary facilities, except as provided in subsection (e) below.  The Building Inspector shall inspect the premises upon receipt of a completed application, and the application shall not be processed until all outstanding violations are corrected.

(e) The lot and all required dimensional requirements, including lot area, lot width, lot depth, and setbacks, shall not be less than 90% of the applicable dimensional requirement of the underlying zoning district.  A lot with a nonconformity of a greater degree shall not be eligible unless a variance is obtained from the Zoning Board of Appeals.

(f) Minimum and maximum floor areas shall be as follows:  The accessory building with sleeping and sanitary facilities shall be a minimum of 400 square feet and it shall not exceed 35% of the total floor area of the principal dwelling to a maximum of 1,000 square feet.  All habitable living space in the accessory building or structure will count toward the maximum square footage of the accessory building.

(g) An accessory building with sleeping and sanitary facilities shall contain no more than two conventional bedrooms. The bedrooms and bathroom shall not provide the sole access to any other rooms or the sole access to the out-of-doors.

(h)  An accessory building with sleeping and sanitary facilities shall not be permitted on a lot on   which exists a bed-and-breakfast, rooming or boarding house, home occupation, pre-existing apartment, or multiple-family dwelling.

(6) The Building Inspector shall require that the above restrictions be incorporated in a covenant and noted on or referred to in the certificate of occupancy to be issued for the lot. The covenant shall be in a form acceptable to the Village Attorney and be recorded prior to the issuance of a certificate of occupancy. The covenant shall be valid so long as the accessory building with sleeping and sanitary facilities is maintained on the lot. 

Section 5.  Authority.  The proposed local law is enacted pursuant to Village Law §§7-700 & 7-708 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).

Section 6.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 7.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after public hearing was held on April 13, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of April 13, 2019 adopted LOCAL LAW NO. 2 OF 2019 as follows:  “A LOCAL LAW amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

• Motion to open the Public Hearing to hear any and all persons either for or against an amendment of the annual budget for the fiscal year 2018/2019. Moved by Ari and seconded by Patrick. All Board members voted in favor.

Patrick explained that last year’s budget ($396,000) was to cover a shortfall of about $56,000 (primarily legal fees) which meant a tax increase of about 23%. The combination of additional revenues from state aid and money saved by contracting out services (maintenance of grounds, snow removal), has put the village in a good cash position. Next year, taxes will be cut in half. Bridgford Hunt thanked the Board and congratulated them for good work. Patrick made a motion and Clora seconded to close amending the annual budget of  2018/19. All Board members voted in favor.

Patrick stated that the law requires us to establish four separate Reserve Funds that need to be set up for funds that cannot be co-mingled.

(1) Reserve Fund for Excess Tax Levy – Motion for a resolution to establish a reserve fund for excess tax levy. Moved by Ari and seconded by Clora. All Board members voted in favor.

(2) Reserve Fund for Repairs to Property and Equipment- Motion for a resolution to establish a Reserve Fund for Repairs to Property and Equipment. Moved by Ari and seconded by Clora. All Board members voted in favor.

(3) Contingency and Tax Stabilization Reserve Fund- Motion for a resolution to establish a  Contingency and Tax Stabilization Reserve Fund. Moved by Ari and seconded by Clora. All Board members voted in favor. Has specific purposes under state law and subject to a permissive referendum.

(4) Capital Improvement Reserve Fund (specific to the water system): Motion for a resolution to establish a Capital Improvement Reserve Fund. Moved by Patrick and seconded by Clora. All Board members voted in favor.

The Reserve for Excess Tax Levy will be funded with $68,800. These funds will be used to reduce the current year tax burden. The other three reserve funds will be funded with $39,500 each for a total of $118,500.  

NOTICE OF ADOPTION OF RESOLUTION
SUBJECT TO PERMISSIVE REFERENDUM
VILLAGE OF DERING HARBOR

NOTICE IS HEREBY GIVEN, that the Board of Trustees of the Village of Dering Harbor, at a meeting thereof held on April 13, 2019, duly adopted a resolution, subject to a Permissive referendum, an abstract of which is as follows:

The purposes of the resolution (full text of which is set forth below) is to establish a Contingency and Tax Stabilization Reserve Fund for the Village of Dering Harbor.

RESOLUTION ESTABLISHING A CONTINGENCY AND TAX STABILIZATION RESERVE FUND FOR THE VILLAGE OF DERING HARBOR

WHEREAS, the Board of Trustees of the Village of Dering Harbor has determined it to be prudent and responsible to establish a Contingency and Tax Stabilization Reserve Fund to facilitate future financial planning of the Village for the unanticipated revenue losses or unanticipated expenditures chargeable to the General Fund portion of the annual budget, and to lessen or prevent project increases in excess of 2.5% of the amount of the real property tax levy needed to finance the General Fund portion of the annual budget.

NOW, THEREFORE, BE IT RESOLVED, that pursuant to §6-e of the New York General Municipal Law, as amended, there is hereby established a reserve fund for the Village of Dering Harbor to be known as the “Contingency and Tax Stabilization Reserve Fund” (hereinafter “Reserve Fund”), the purpose of the Reserve Fund established by this resolution shall be as follows:

1.   As per the requirements of §6-e of the New York General Municipal Law, to accumulate moneys to finance the cost of unanticipated revenue losses or unanticipated expenditures chargeable to the General Fund portion of the annual budget, and to lessen or prevent project increases in excess of 2.5% of the amount of the real property tax levy needed to finance the General Fund portion of the annual budget.
2. The duly appointed treasurer or chief fiscal officer of the Village of Dering Harbor is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by §10 of the General Municipal Law. The Board of Trustees of the Village of Dering Harbor may invest the moneys in the Reserve Fund in the manner provided by §11 of the General Municipal Law, and consistent with the investment policy of the Village of Dering Harbor.  Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund.  The treasurer or chief fiscal officer of the Village of Dering Harbor shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the amount and date of each withdrawal from the fund and the total assets of the fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board of Trustees a detailed report of the operation and condition of the Reserve Fund.
3.   Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established.  No expenditure shall be made from this Reserve Fund without the approval of the Board of Trustees by a vote of two-thirds of the majority (4 votes) and such additional actions or proceedings as may be required by §6-e of the New York General Municipal Law, or any other law, including a permissive referendum if required.
4.   The Reserve Fund established by this resolution shall be initially funded in the amount of $39,500.00 to be appropriated from the Village’s General Fund balance. Additional funds may be deposited in the Reserve Fund from time to time by budgetary appropriation or from revenues as are not required by law to be paid into any other fund or account.  In no case shall an appropriation to the Reserve Fund exceed ten (10%) percent of the General Fund portion of the annual budget for the fiscal year for which the appropriation would be made.
5.   This resolution shall be subject to a permissive referendum.  The Village Clerk is directed to publish a notice of adoption of this resolution pursuant to §9-900 of the Village Law.
6.   This resolution shall take effect immediately.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

• Motion to open the Public Hearing to hear any and all persons either for or against the Annual Estimated and Tentative Budget for the fiscal year 2019/2020- Moved by Ari and seconded by Clora. All Board members voted in favor.

Patrick explained that the budget for this year is a substantial decrease from last year’s budget, that it is fairly conservative, due in large part to the changes in the way the village now manages its water system, grounds, and roads. He notes that this year’s tax warrant will look a little different. Jim Goldman commented that the tentative budget is a testament to the focused work on Patrick’s part. He also remarked while there are uncertainties, overall, the budget looks great. Charles Modica agreed. Patrick made motion and Clora seconded to adopt this years budget. All Board members present voted in favor.

• Motion to open old business- Patrick made motion and seconded by Ari. All Board members present voted in favor.

• Ways and Means
  1. Current invoices for review and approval- Clerk was directed to exclude bill for audit from Nawrocki ($5,500) and include bill from Ink Spot ($42). A resolution to approve invoices was moved by Patrick and seconded by Ari. All Board members voted in favor.
  2. State audit status- Vincent Alessi is wrapping up the field work.
  3. Audit of 2017/18 update- it is complete.
• Water update from Patrick: there are known problems with both existing wells.
  1. Test Well Results – It has been determined that the smart place to put the new wells will not be where they are current ones are. Week before last, a stress test was performed (50 gallons a minute for 12 hours per day for a week). The test well passed the test. The village will put in at least two new wells. The water will be pumped to the highway barn (on Yoco Road), which SCWA will use to monitor the water as it goes from the wells to the tank. Still, the village will need to be concervative with water usage.
  2. Metering- will begin installation starting the following week.
  3. Reminder that VDH water is not to be used for filling or topping up pools; residents must use private well water or truck water in.

• Status on codification program for laws from Karen- Vicki and Wayne have located documents that General Code found in terms of holes and discrepancies in the current code. A comprehensive code is in the works and will be complete, comprehensive, and available online once it is finished.

• Update on ARB and ZBA meeting from April 6- Wayne:

ARB- (2) applications were reviewed and approved.

ZBA- (2) appeals were on the agenda. Brandon Rose’s appeal was approved. Regarding Tim Hogue’s appeal, Mr. Hogue’s attorney brought up conflict question with one of the board members and the hearing was adjourned. It was noted that Mr. Hogue’s attorney could have brought this up ahead of the meeting but made the argument that the hearing hadn’t opened until then. The appeal was adjourned for a later date yet to be determined. Wayne made a suggestion for all boards to consider having a schedule of meetings published with a procedure. Patrick suggested tabeling discussion until July. 

• Resolution on including a 5% penalty for late payment of taxes per state mandate (which reverts back to resolution passed in January). Motion to pass resolution was moved by Ari seconded by Patrick. All Board members voted in favor.

• Motion to open new business was moved by Ari and seconded by Clora. All Board members voted in favor.

• Resolution identifying Village Hall as the official polling place, setting the voting hours as 12:00pm- 9:00pm, and identifying our polling inspectors as Angela Corbet and Wade Badger was moved by Patrick and seconded by Clora. All Board members voted in favor. Wayne directed Vicki to notice the paper.

• Comments from the public:

James Goldman- Harbor Road vehicle restriction (which has been brought up over the years) should be flushed through the system. Village still has a lot of environmental issues to deal with. The village has  never addressed the issue of septic systems and he believes the village could take the lead by jumping ahead of the game on septic systems that reduce nitrogen. In addition, the village should be in the lead on cleaning up the bay water (remarked that Aquaculture from Cornell said it is very polluted), light pollution, etc. Patrick suggested that Jim write an email and send it to Betsy to have these things added to the agenda. Karen added she thinks Mr. Goldman has many good points and thinks there are other things the village board can look at strategically moving forward.

• The next Trustees’ Meeting is May 11th

• Motion to go into Executive Session to discuss litigation and personnel matters was moved by Ari and seconded by Clora at 11:23am. All Board members present voted in favor.

• Board came out of executive session at 12:41pm

• Karen read a resolution to notice a public hearing for May 11th to amend the zoning code section 6-616 regarding setbacks on waterfront properties.The Proposed Law Amending the Zoning Law – Setbacks for Buildings and Impervious Surfaces on Waterfront Properties was moved by Patrick and seconded by Ari. All Board members present voted in favor.
• NEED LAW HERE

• Resolution to hire Charlene Kagel CPA East End Accounting Services, to provide financial advisory services for a term of 6 months effective immediately was moved by Patrick and seconded by Clora. All Board members present voted in favor.

• Resolution to authorize construction of fence around water tower was moved by Patrick and seconded by Clora. All Board members present voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor, hereby accepts the proposal of Walt Whitman Fence Company, dated April 3, 2019, in the amount of $8,030.00 for the installation of chain link fence surrounding the Village water tower.

Motion to Adjourn at 12:44pm was moved by Ari and seconded by Clora. All Board members present voted in favor.