Village of Dering Harbor
Trustees’ Meeting via Zoom
Minutes

August 8th, 2020, 9am 

• The meeting was called to order at 9:03 am

• Attendance- Mayor Betsy Morgan, Trustees Ari Benacerraf, Clora Kelly, Karen Kelsey, Patrick Parcells; Wayne Bruyn (village attorney), Vicki Weslek (village clerk), Donna Ritzzmann (stenographer present from Flyn Stenography on behalf of Timothy Hogue), Susan Dempsey (S.I. Reporter), Laura Robson (Joe’s underground Utilities, Inc.), Brad Goldfarb, Michael Kostow

• A motion to accept the minutes from the July 11^th meeting was made by Karen and seconded by Ari. All Board Members voted in favor.

• Ways and Means

1. Abstract/bills to be paid: Karen clarified that what is owed to General Code is for work they’ve done during this fiscal year A resolution to approve the abstract/bills to be paid                was made by Patrick and seconded by Karen. All Board members voted in favor.
2. Audit update- Vicki reported that the village did get an AUD extension from the OSC (if needed) and that all the information that Nawrocki had requested up to that point had been provided to them. According to Charlene, we are waiting to hear if there is anything else they need. Betsy commented that the village is months ahead of schedule compared to previous years.
3. Pressing housekeeping items from Vicki- The village building inspector needed a village email address, which East End Computers set-up. The new email address for him is                   buildinginspector@deringharborvillage.org. Betsy asked Vicki if she had received any more            property tax payments. She said she had not. Betsy suggested Vicki reach out to Annmarie            Seddio (SI Town Receiver of Taxes) regarding a forwarding address for a village resident                        whose tax bill had been sent back. Vicki said she had done so and that Annmarie had no              such information.

• Water Update (from Patrick)- July meter readings showed a lot of water was pumped in July- 650,000 gallons. There were a couple of leaks detected. One resident’s water usage was much higher than typical usage (230,000 gallons). If that number was normalized, the water usage would be significantly lower. Betsy commented that if it were normalized in the other direction, the village would have undrinkable water. Patrick agreed. Whether there is a leak on that property was still being looked into. Chloride levels are good. The new wells are in and wired. The pumps were being installed soon. The pumps won’t be activated until the highway barn is converted into the water processing center. The contracts for that work are out and will be finalized soon. The order for the generator has been placed, the cost for which will be reimbursed from the state. It does not look like the village will exceed the $600,000 in funds that were authorized for the water tower project. SCWA is a little concerned about the dry weather and that if there isn’t more rainfall soon (to recharge the aquifer), that could have an impact on water quality. Karen asked if SCWA would give the village a heads up if they thought that lack of rain would affect water quality. Patrick said yes, and that they would also put the new wells on line if they felt it was necessary.

• Wayne gave a status update of Litigation and FOIL requests. One outstanding FOIL request that Wayne and Vicki are working on. Files need to be delivered to village hall from Wayne’s office for the petitioner to review as part of that request.
  Wayne provided a report to the auditors regarding the status of the (5) pending litigation cases as of the middle of July. Since that time, the board received a new lawsuit from Mr. Colby challenging the adoption of the construction law amendments, which needs to be answered within a few weeks. Besty asked who is the lawyer representing Mr. Colby. Wayne answered that it is Lee Snead. Betsy asked how many cases against the village is Mr. Snead involved with. Wayne answered Mr. Snead is representing parties on (3) litigations and (1) notice of claim.

Karen asked for clarification on who have brought the (5) active cases against the village.

1- Brad Goldfarb/Alfredo Paredes/Martha Baker vs VDH (pending since 2015)

2- Dering Point Associates/Tim Hogue vs VDH (challenging the hedge application)

3- Dering Point Associates/Tim Hogue vs VDH (challenging the fence amendments)

4- Tim Hogue vs. VDH (challenging the ZBA’s action on his own application)

5- Tim Hogue vs VDH (challenging Brad Goldfarb and Alfredo Paredes application to the ZBA for their HVAC compressor)

(1) Notice of Claim

Yoko Road LLC (Daniel Calabro) vs VDH

 

• Karen gave a status update on General Code. General Code has finished the codification and provided the village with the finished code, which needs to be formally adopted after a Public Hearing is noticed and held. When that is finished, the village will have an up-to-date code. The process is moving along and is on schedule. Betsy asked how long after the new code is adopted can it be published online? Karen said immediately. There will also be hardcopies available at village hall.

• New Business

• Resolution to schedule a public hearing on September 19^th on a local law to provide for the codification of the local laws, ordinances, and certain resolutions into a municipal code to be designated the “Code of the Village of Dering Harbor.”

Wayne remarked that this was a tremendous undertaking by the village. It matches what every municipality does now, providing a link on their website to the most up-to-date code. General Code has provided the village with a general outline of the local law, which Wayne has reviewed and made the appropriate corrections. This local law is intended to take the local laws as they exist and put them in a code. As for changes, they were made to update definitions or sections that were referencing laws or sections of the code that have since been amended or changed by the state. There were also many typographical errors that were corrected. As to substance, there are no substantive changes at this time. Any substantive changes would be undertaken in the future by separate local law. This proposed local law explains the intent, what the status of the code will be moving forward, what’s being repealed and what’s being adopted. It’s Wayne’s recommendation that the board schedule a public hearing to give village residents an opportunity to review everything before the board considers adoption. This proposed law must be sent to the Suffolk County Planning Commission for their comments. Karen explained that moving forward, every time the village adopts a new local law, the village clerk will send it to General Code and they will automatically update the code. The following resolution was read and was moved by Patrick and seconded by Ari. All Board members voted in favor.

WHEREAS the Board of Trustees of the Village of Dering Harbor has entered into a project for the codification of local laws, ordinances and certain resolutions of the Village of Dering Harbor for the purposes of increasing the effectiveness of village governmental administration, providing for greater public awareness of and access to village legislation and protecting the health, safety and welfare of village inhabitants; and

WHEREAS the proposed codification has been published in loose-leaf form and the Board of Trustees now desires to formally effect the adoption of said codification by enactment of a local law;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, September 19, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “A Local Law to provide for the codification of the local laws, ordinances and certain resolutions of the Village of Dering Harbor into a municipal code to be designated the ‘Code of the Village of Dering Harbor’.”

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, September 19, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “A LOCAL LAW to provide for the codification of the local laws, ordinances and certain resolutions of the Village of Dering Harbor into a municipal code to be designated the ‘Code of the Village of Dering Harbor’.”  This local law:

(1)  States the legislative intent of the Board of Trustees in adopting the Code.

(2) Provides for the designation of the local laws, ordinances and certain resolutions of the Village of Dering Harbor as the “Code of the Village of Dering Harbor.”

(3) Repeals local laws and ordinances of a general and permanent nature not included in the Code, except as provided.

(4) Saves from repeal certain local laws and ordinances and designates certain matters not affected by repeal.

(5) Retains the meaning and intent of previously adopted legislation.

(6) Provides for the filing of a copy of the Code in the Village Clerk’s office.

(7) Provides for certain changes in or additions to the Code, a summary of which is available for review in the Village Hall or on the Village website.

(8) Prescribes the manner in which amendments and new legislation are to be incorporated into the Code.

(9) Requires that Code books be kept up-to-date.

(10) Provides for the sale of Code books by the village and the supplementation thereof.

(11) Prohibits tampering with Code books, with offenses punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.

(12) Establishes severability provisions with respect to the Code generally.

(13) Provides that the local law will be included in the Code as Chapter 1, Article I.

Copies of the draft code, a summary of the changes and the proposed law sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday 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

• Resolution to schedule a public hearing on September 19^th on a local law amending the zoning law to revise the authority references, application requirements and notice procedures of the board of appeals.

Wayne explained why this came up. It parallels the process that General Code undertook in helping the village identify inconsistencies/holes in the code. General Code identified several things related to the procedures of the ZBA that are outdated. In addition, there have been questions about how the notices of public hearings of the ZBA have been taking place and how they need to change. Practically every other municipality puts the burden on the applicant to provide certified mailings to their neighbors. The other aspects are procedural and are consistent with state law. The following resolution was read and was moved by Clora and seconded by Karen. All Board members voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, September 19, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “A Local Law amending sections 8-800, 8-802 and 8-804 of the Zoning Law to revise the authority references, application requirements and notice procedures of the Board of Appeals.”

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, September 19, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “A Local Law amending sections 8-800, 8-802 and 8-804 of the Zoning Law to revise the authority references, application requirements and notice procedures of the Board of Appeals.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday 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

 

 

 

 

• Resolution to schedule a public hearing on September 19^th on a local law amending Article X of the zoning law to update and revise the procedures of the ARB.

 

Wayne explained that this came up over a year ago, where the BOT asked the ARB to examine their procedure and processes so that they could determine if there was any way to facilitate a better review process.  Over the last several months, when the ARB has met, they have provided some points and have looked at certain things: 1- procedures; and 2- criteria of standards. This local local is a first step and focuses on procedures. The highlights are: implement a more informal pre-submission conference process, noticing requirements to make it consistent with the ZBA process, addresses issues related to ensuring compliance with what the ARB approves. The focus is on procedure and does not change substance or criteria. There is a reminder that the ARB is charged with reviewing the buildings and structures that are required to get a building permit. The ARB is debating a number of things (including landscape plans, the need to review other structures, possible fees) which will be part of further discussions. Clora added how grateful she is for the work that the ARB is doing. John Colby sent a letter (see attached) regarding this public hearing. Wayne advised Mr. Colby that his comments were based on a prior draft and that it would be important for him to review the most current version and comment on that. The following resolution was read and was moved by Patrick and seconded by Ari. All Board members voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, September 19, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled:  “A Local Law amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board”

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:

 

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, September 19, 2020 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled:  “Local Law amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Monday, Wednesday and Friday 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

 

• ARB and landscaping issues. Clora explained that in the process of deliberation, two other things have come up. The ARB would like to explore potentially amending the code for outdoor lighting, dark sky compliant lighting, etc., and whether that is something the BOT wants the ARB to explore. Also, landscaping as it relates to new construction. At this point, it’s simply an exercise in looking at what the options are. Many informal conversations have been had about landscaping, and the ARB recognizes that it is a very difficult topic to address. On the one hand, everyone wants nice looking landscaping in the village. On the other hand, it’s very hard to tell people what they can and can’t plant by government without very good guidelines and criteria. In her research, Clora couldn’t find other municipalities that have good guidelines or a clear path to follow. Wayne has explained that the ARB’s purview is architecture only and landscaping would be outside of the ARB’s charge as village law stands. Landscaping falls under site-planning. Clora read an email from Michael Kostow (chair of the ARB) in which he stated that he wouldn’t object to adding review of landscaping, but that there should be criteria for evaluating landscape plans that goes beyond simply people’s personal tastes. The ARB is charged with maintaining the character of the village. Betsy commented that she doesn’t think the village should legislate what people can plant on their properties. Wayne commented that the rational basis for adopting a law, especially in the context of zoning, is to protect the health, safety, and welfare of the village. Many municipalities aren’t necessarily reviewing landscape plans, but they do require that properties be landscaped as opposed to not landscaped. Other elements, particularly on the south fork, are provisions and protections of natural vegetation in certain portions of the property, especially in protection of the aquifer (natural vegetation is less likely to be fertilized, or treated with herbicides and pesticide). Most municipalities don’t review individual landscape plans, but some do have criteria where they require that a certain percentage of a property’s landscape be maintained. The other side to be mindful of are how the village deals with existing properties. The way other municipalities deal with this is to think of landscaping material as a living thing that changes over time, and consider it in the realm of property maintenance. A lot of property maintenance is about the upkeep of the property. Wayne agrees with Clora that this is a tricky subject with no clear path. It would require detailed analysis, probably from some people with expertise in landscaping, as well as identifying the goals and objectives that the village has for implementing such regulation . Karen commented that it is a bit of overreach, a slippery slope, and highly subjective. It seems to her that the more important piece is the issue of property maintenance. Patrick’s concern is with new home construction, and ensuring that people who are building new homes in the village are also paying attention to the exterior (removing invasive species for example). In his opinion, it’s not about the specifics of a landscape plan, but making sure there is a plan to make the landscaping attractive and that it is in keeping with the character of the village. Clora commented that in other municipalities, a vast majority of their ARBs require a landscaping plan to be submitted with a new construction plan. Wayne explained that the existing code already requires a site plan showing existing topography and trees above a certain diameter. What has been added includes existing and proposed landscaping. Mickey’s problem with requiring a landscape plan is that there’s no criteria for evaluating it established in the code. Karen explained that by requiring a plan, it makes everyone think a little bit more about the plan and how it’s going to look on the site and in contrast with neighbors, without getting into the weeds of specifics or rejecting an application on the basis of the proposed landscaping.

 

• Request for cable replacement at 1 Sylvester Road, made by Laura Robson from Joe’s Underground Utilities, Inc. Wayne asked Ms. Robson for clarification on which public utility contracted them to do the work. She said Cablevision. She went into detail about the process her company would follow to identify underground utilities and how they would replace the cable at 1 Sylvester Road. After discussion, the following resolution approving the request was moved by Patirck and seconded by Clora. All Board members voted in favor.

RESOLVED, that pursuant to §4-412(6) of the New York State Village Law, the Board of Trustees of the Village of Dering Harbor hereby approves the request of Joe’s Underground Utilities, Inc. on behalf of Optimum/Altice to repair and replace damaged underground cable television lines and install new lines within the right-of-way of Sylvester Road as described in the proposal and referral form dated July 9, 2020, Subject to confirmation of markings for existing utilities and submission of updated insurance certificates.

• Reminder: the Village Election will be held on September 15^th at Village Hall from noon until 9pm. Vicki confirmed that she has secured (2) poll workers- Angela Corbett and Barbara Brigham- in addition to one alternate. Also, Vicki was advised by a lawyer from NYCOM (an expert in village election law) to draft an absentee ballot application for the village, which she did and had Wayne review. She was also told that she cannot accept absentee ballot applications electronically. She can send the application via email, but she must receive back the signed application in its original form before she can send out the absentee ballot. Betsy suggested that Vicki email village residents with the absentee ballot application attached. The following resolution regarding the upcoming election was read and moved by Karen and seconded by Ari. All Board members voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby approves and ratifies its previous resolutions with respect to the Village general election, which was postponed by the Governor’s Executive Order to Tuesday, September 15, 2020, and hereby identifies the polling place shall be at the Village Hall, Locust Point Road, Dering Harbor, New York and that the polls shall be open from 12:00 noon until 9:00 p.m. with social distancing and other COVID-19 safety protocols to be followed; and

BE IT FURTHER RESOLVED, that the following individuals are hereby appointed as election inspectors:  Angela Corbett and  Barbara Brigham.

 

 

 

• A motion to go into Executive Session to discuss litigation matters was made by Patrick and seconded by Karen at 10:35am. All Board members voted in favor.

 

• The meeting was called back into session at 11:48am.

 

• A request to allow for parking during a garden tour organized by the Parrish Art Museum (of which one village residence will be a part of) was sent to Vicki and forwarded to the trustees while they were in Executive session. After discussion, a motion to approve a resolution allowing parking on the street and on the village green as deemed appropriate on Sunday, September 13th in conjunction only with the Parrish Art Museum Garden Tour was moved by Patrick and seconded by Clora. All Board members voted in favor

 

• Date for Next Meeting, the annual organizational meeting, is September 19^th

 

• A motion to adjourn at 11:53am was made by Ari and seconded by Karen. All Board members voted in favor.