• Attendance: Betsy Morgan, Mayor and Trustees Ari Benacerraf and Karen Kelsey, Wayne Bruyn (Village Attorney), Victoria Weslek (Village Clerk); absent- Clora Kelly and Patrick Parcels.
  Members of the public present: Rob Ferris, Donna Ritzzmann, Alfredo Peredes, and Susan Carey
• Meeting called to order: 9:10am
• Approval of the minutes from the December 8th meeting– Motion made by Ari and seconded by Karen to approve the minutes of the Board of Trustees meeting of December 8th, 2018. All Board members present voted in favor.
• Motion to open the Public Hearing on the latest revisions to the Construction law–
  Betsy asked for motion to open 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 Karen and seconded by Ari. All Board members voted in favor.  The village received emails regarding this matter from Kirk Ressler, Meredith Jenkins, and Stuart   Goldman. These emails went into the record and in the interest of time, Betsy made copies of the email available for people to read. Wayne addressed the question (brought up by John Colby, village resident) if this law would impact 3 holes of Gardiner’s Bay Country Club (GBCC). Wayne has included an exclusion for GBCC in a new draft. Karen noted that there are 51 hours per week to do these activities in addition to the time allowed on Saturdays in the  proposed law.         Betsy asked for motion to close the hearing. Moved by Ari and seconded by Karen. All Board members present voted in favor.
  Betsy asked for motion to resolve for a public hearing to be held on March 2nd. Moved by Ari and seconded by Karen. All Board members present 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, March 2, 2019 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:  “Local Law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

LOCAL LAW NO. ___ OF 2019

                A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.

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

Section 1. Legislative Intent.  For the purpose of protecting the safety and well-being of the resident of the Village of Dering Harbor, Local Law No. 4 of 2016 sets forth regulations governing the dates and times in which construction work can be undertaken.  Construction work is defined as “any work done on a building for which a building permit or demolition permit has been issued . . .” The Village, however, has experienced activities involving work that does not require a building permit that have caused noise and other impacts negatively effecting the atmosphere and peace and tranquility of the Village during the times construction work is otherwise prohibited.  It is the intent and purpose of this Local Law to relabel the local law and clarify the definition of construction work to include work and activities customarily associated with construction, property maintenance and landscaping that may not require a building permit, including but not limited to any work of construction, erection, alteration, repair, addition to, excavating, grading, landscaping, hedge trimming, lawn maintenance and leaf blowing or other improvement of any realty, building or structure, which work and activities customarily produce noise or other sounds of such intensity or quality that it disturbs the peace and quiet of residents particularly during the weekends and summer season.

Section 2.  Amendment.  Section 1.1 (Title of Local Law) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

               1.1 Title  This Local Law shall be entitled “Local Law No. 4 of 2016 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Permitted Regulation of Construction, Property Maintenance and Landscaping in the Village of Dering Harbor.”

Section 3.  Amendment.  Section 1.2 (Enactment) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

               1.2 Enactment  Pursuant to Section 10 of the Municipal Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law of 2016, a Local Law of the Village of Dering Harbor.

Section 4. Amendment.  Section 1.4 (Findings) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

               1.4 Findings  The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of Dering Harbor to prohibit construction, property maintenance, landscaping and related activities during certain hours of the day and week during certain times of the season.  The Village of Dering Harbor is an entirely residential Village with less than 40 residences, the large majority of which are used mostly on weekends and during the summer and at other times by residents seeking peace and quiet.  The quiet and calm of the Village are special attributes that residents value and wish to maintain and enhance.

Section 5. Amendment.  Section 2.0 (Definition) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

               2.0 Definition.  Construction work is defined as any work done on a building for which a building permit or demolition permit has been issued until the work done under such permit has been completed involving the construction, reconstruction, erection, alteration, repair, addition to, demolition or removal of buildings or structures, or the excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or other improvement of any realty, building or structure, whether or not the work involves the use of machinery or power tools.  The term “construction work” shall not mean the performance of necessary emergency repairs.

Property maintenance and landscaping work is defined as any work involving the  excavation, clearing, filling or grading of land, or the placement or removal of earth, stone or material of any kind, or the process of tending, planting, installing, maintaining, or repairing lawns, gardens, hedges, flower beds, shrubbery, trees, or vegetation of any kind, which work involves the use of machinery or power tools, including but not limited to lawn mowers, weed trimmers, leaf blowers and hedge trimmers.  The term property maintenance and landscaping work shall not include swimming pool maintenance or snow plowing, snow blowing or other snow removal activities.  The term “property maintenance and landscaping work” shall not mean the performance of necessary emergency repairs or clean–ups after major storms, nor shall it apply to golf, beach and tennis clubs, and municipal employees in the performance of their regular duties.

Section 6.  Amendment.  The first paragraph of Section 2.1 of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:

               2.1 Construction, Property Maintenance and Landscaping During designated Times Prohibited.

It shall be and hereby is prohibited for any person or party to perform construction work or make deliveries for construction, property maintenance and landscaping work on any realty, building or structure for which a building permit, demolition permit or similar municipal approval has been issued except as follows:

A. From May 1 until Columbus Day (Except Saturday, Sunday, Holidays and July 4 weekend as defined below):
Construction work, property maintenance and landscaping and deliveries for construction, property maintenance and landscaping work are permitted Monday – Thursday 8:00 a.m. – 6:00 p.m. and Friday 8:00 a.m. – 5:00 p.m. during this period.

All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Saturday, Sunday and Holidays during this period, except that a homeowner (excluding employees or contractors) may undertake property maintenance and landscaping on a Saturday between the hours of 9:30 a.m. and 11:30 a.m.

July 4^th Weekend: When July 4 falls on a Tuesday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on July 3. When July 4 falls on a Thursday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on July 5.

B. From Columbus Day until May 1 (except Sunday, holidays and Thanksgiving weekend as defined below):

Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Saturday: 8:00 a.m. – 6 p.m. during this period.

C. All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on Sundays and the following holidays: Memorial Day, July 4, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year’s Day

D.The use of any music playing device such as a radio, cd player or phone during construction, property maintenance and landscaping work in a manner that the sound can be heard beyond the property line of the property being worked on is prohibited.

Section 7.  Authority.  The proposed local law is enacted pursuant to Village Law §4-412 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 8.  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 9.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

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, March 2, 2019 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 Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 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 old business– Ari made motion and Karen seconded. All Board members present voted in favor.

1.) Ways and Means

a.  Current invoices for review and approval- one bill Betsy wanted to make mention of- from Nawrocki Smith- because village was billed additionally for all the work they had to do to go through QuickBooks and to fix past mistakes. Betsy negotiated down from $4500 to $3500. She recommended paying this bill to keep things moving forward, since the village is really relying on their expertise. Karen noted how cumbersome past budgets and the accounts listed on them are. She spoke with John Spatola (bookkeeper) about making some accounts “inactive” (ones that aren’t needed right now) in order to streamline things. Betsy also noted that John is helping Vicki to learn Quickbooks and she will be taking an online course to familiarize herself even further. Rob Ferris commented that the board should push back even more on Nawrocki Smith with these additional charges, especially considering how long they have been helping the village. Suggests possibly a good time for village to start looking elsewhere. Betsy replied that there is a lot of work to be done, between bookkeeping and the audit, and believes that continuing to work with Nawrocki Smith is in the village’s best interest right now.

Betsy asked for motion to approve payment of invoices. Moved by Ari and seconded by Karen. All Board members present voted in favor.

b. State audit status- need a capital fund with separate budgeting.

c. Audit of 2017/18 update- Betsy is working on this with Nawrocki Smith

d. Overview of tax payments collected as of Jan 11- 2 properties have not paid, but most have and village made a deposit of over $80,000 on January 11th, 2019.

2.) Facilities update from Patrick (which Betsy read aloud):

Chloride levels are now below 80 in both wells; average pumpage was just short of 5,000 gallons per day in December. The old tank has been dismantled and removed and the new tank is fully operational. It has a circulator that the old tank did not. This keeps the water moving inside the tank, which prevents freezing and ensures that the treated water does not stratify. The SCWA will install a new test well near the corner of Manhanset and Dering Woods Roads the third week of January. It will take about a week to complete. The purpose is to determine definitively the depth of the salt-water barrier and the dimensions of the freshwater lens so that when new wells are installed, they can be placed with confidence within the fresh water lens. (Betsy noted that this was a problem we had in the past) Our newest well (#2) was installed too deep in the aquifer, which accounts for the chloride problems we have experienced with that well. Meters for each residence will be installed and functional for next season. The work will take about 6 weeks. The start date has not been established yet, but you will be given notice and a detailed explanation of the process and rational in the coming weeks. In February I will prepare a more detailed report on the water distribution system that will include a project finance report for the tank, and plans and options for new wells, controls and necessary infrastructure. It will include options available for the Village to consider along with anticipated costs. The test results from the new test well, which should be available mid-February, will help define the options available to us. 

Betsy commended Patrick for being on top of this project. Betsy also noted that the board is trying to do this as expeditiously as possible and that this is their top priority.

a. Resolution to approve a test well- Betsy read the resolution and asked for a motion to approve. Moved by Ari and seconded by Karen. All Board members present voted in favor.

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby authorizes the Suffolk County Water Authority to install a test boring for the purpose of confirming the water quality and density of the freshwater lens at the intersection of Dering Woods Road and Manhanset Road.

b. Resolution to approve two new wells- Betsy read the resolution and asked for a motion to approve. Moved by Ari and seconded by Karen. All Board members present voted in favor.

RESOLVED, based upon the recommendations of the Suffolk County Water Authority (“SCWA”) and due to the unreliable conditions of the existing water supply wells numbered 1B and 2C at the Dering Woods Well Field, located on properties of the Village of Dering Harbor at the intersection of Dering Woods Road and Manhanset Road, the Board of Trustees of the Village of Dering Harbor hereby approves the installation of replacement wells for wells numbered 1B and 2C to equip each well with one (1) electrically-driven, deep well turbine pump, motor, piping, electrical controls and miscellaneous appurtenances; and

BE IT FURTHER RESOLVED, that pursuant to the interim agreement between the Village of Dering Harbor and the, the Board of Trustees of the Village of Dering Harbor hereby authorizes the SCWA to make necessary applications to the New York State Department of Environmental Conservation and other applicable agencies, and

BE IT FURTHER RESOLVED, that that Mayor Betsy Morgan, Deputy Mayor Karen Kelsey, or Trustee Patrick Parcells are authorized to execute such instruments necessary to make such application(s) and to permit the SCWA to undertake the replacement of said wells.

3.) Status from Karen on codification program for laws – The organizational analysis piece is the first task, which is happening now. It is supposed to be done by the end of January. Once completed, they will send it to us in February for review. Then we send it back for the next stage. It is moving along.

• Motion to open new business- Ari made motion and Karen seconded. All Board members present voted in favor.
• Resolution to include a referendum on the upcoming ballot to change the election day to the Friday of Memorial Day weekend – To be included on the June 18th ballot. Betsy noted the NYS is going to make some changes to the election laws, as early as monday, which may include changes on early voting

Betsy asked for motion to pass this resolution. Moved by Ari and seconded by Karen. All Board members present voted in favor.

WHEREAS, the General Election of the Village of Dering Harbor is currently held on the third Tuesday of June; and

WHEREAS, given the size and seasonal nature of the Village, the Board of Trustees finds that changing the date from the third Tuesday in June to the Friday before Memorial Day, will encourage greater voter participation and allow more residents to vote in person; and

WHEREAS, pursuant to §15-104 of the New York State Election Law, the Village may adopt by resolution a date for its General Election other than the date set forth in the statute, which resolution is subject to a permissive referendum; and

WHEREAS, the Board of Trustees desires to change the date of the General Election of  the Village of Dering Harbor effective the next election regularly scheduled (May, 2020) and has agreed to submit this resolution to a referendum pursuant to §9-900 of the New York State Village Law.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby changes and fixes the date of the General Election of the Village of     Dering Harbor from the third Tuesday in June to the Friday before Memorial Day as said holiday is set by the Federal Government, effective only if the electors of the Village of Dering Harbor shall approve a proposition to change the present date of the election; and

BE IT FURTHER RESOLVED, that the Village Clerk is hereby directed to submit the following proposition to the electors of the Village of Dering Harbor in the 2019 General Village    Election:

Proposition No. 1.  Shall the General Village Election be held on the Friday before Memorial Day as said holiday is set by the Federal Government each year, commencing May of  2020?

• Resolution to have a public hearing on March 2nd for law on accessory buildings- Betsy suggested this hearing be postponed until the April 13th Trustees meeting. Notice will go on website right away but can wait to be noticed in the paper. Sidenote:  Betsy directed everyone to the website for pending legislation. She also asked Vicki to check if pool setback changes have been put up on the website

Betsy asked for motion to schedule notice of public hearing to discuss new law. Moved by Ari and seconded by Karen. All Board members present 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, April 13, 2019 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:  “Local Law amending the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions and allow accessory buildings and structures on nonconforming lots and to allow accessory buildings and structures on nonconforming lots in conforming locations.”

LOCAL LAW NO. ___ 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 servants 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 servants would be for sleeping and sanitary purposes only and there will no separate kitchen and cooking facilities in the accessory building.  This local law will 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:

a. Accessory Building. A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool or dish antenna or shed whether attached to or from the principal building or any other building on the lot.  An accessory building may shall not contain living or sleeping quarters or kitchen or cooking 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 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 servants 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 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 a building or structure that has been issued a certificate of occupancy or a certificate of 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 to which the accessory building with sleeping and sanitary facilities is to be added shall comply with the district area, lot width and lot depth regulations, and all other dimensional nonconformities (i.e. setbacks) shall not be less than 75% of the dimensional requirement.  A lot   with a nonconformity of a greater degree shall not be eligible unless permission 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.

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 at 9:00 a.m. prevailing time on Saturday, April 13, 2019 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 the Zoning Law to permit sleeping and sanitary facilities in accessory buildings under certain conditions.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 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 make Patrick Parcells Budget Officer- Betsy asked for motion. Moved by Ari and seconded by Karen. All Board members present voted in favor.
• Acceptance of Bob Ruttenberg’s resignation as Treasurer: Betsy asked for motion, Moved by Ari and seconded by Karen. All Board members present voted in favor.
• Resolution to appoint Vicki Weslek as Treasurer- Betsy asked for motion, Moved by Ari and seconded by Karen. All Board members present voted in favor.

RESOLVED, that the Village of Dering Harbor hereby appoints Victoria Weslek as Treasurer for the Village of Dering Harbor effective January 12^th, 2019.

• Election update from Vicki; also records management grant- Vicki attended an elections workshop in Ronkonkoma, NY on Thursday, January 10th, 2019, put on by NYCOM. She received important, up-to-date information about village election procedures and made some good connections with other area clerks. It was suggested by the President of LIVCTA (Long Island Village Clerks and Treasurers Association) that she reach out to Beth Camper, the Village Clerk in Sag Harbor, to find out when local village clerks meet. She plans to do so, citing that Beth would be a good resource. Vicki will also reach out to past election poll workers (Wade Badger and Angela Corbett) about scheduling them for the upcoming election.
  Lastly, Vicki mentioned that George Butts thinks the village could use help going through   organizing and its records and that there is a Records Management Grant available, which the Village of North Haven received. Betsy asked Vicki to look into this.
• Request to George Butts for permit fees and guidelines – George was at the meeting to share about the fee schedule at Village of North Haven. He said he was unsure how things operated over here before he signed on 5 years ago. George offered an example of a fee schedule from North Haven. Betsy asked Vicki to scan document and send to all the trustees. She then asked George to send Vicki a copy of the document in word. Wayne noted that our zoning law has a fee schedule included but said it isn’t difficult to change. Betsy asked for resolution to hold a public hearing on March 2nd to review and revise sections 7-718 and 7-710 of the zoning code. In addition to the amendment, have a fee schedule ready for review and adoption. Ari made motion and Karen seconded. All Board members present 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, March 2, 2019 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:  “Local Law amending various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”

LOCAL LAW NO. ___ 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 shall include an estimate of the cost of the proposed building or structure.  A fee to accompany each application shall be charged based upon the estimated cost, at the following rates:

1. If the cost does not exceed $5000 the fee shall be $150

2. If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250

3. If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500

4. If the cost exceeds $75,000 the fee shall be $850

Before a Certificate of Occupancy is issued, the applicant or owner shall be required to file the tax assessor’s final cost of completion computed from the increase of assessed valuation, if any.  If such final cost exceeds the estimated cost an appropriate adjustment shall be made in the fee any additional amount shall be paid.  In no event shall nay building permit fees be refunded.

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

Not withstanding any other provisions of this local law, fee payable to the Village for applications and appeals or concerning any matter, will be set from time to time by the Board of Trustees.

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 include an estimate of the cost of the proposed demolition, alteration or removal of the existing structure or portion of structure.  A fee to accompany each application shall be charged based upon the estimated cost at the following rates:

1. If the cost does not exceed $5000 the fee shall be $150

2. If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250

3. If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500

4. If the cost exceeds $75,000 the fee shall be $850

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.

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, March 2, 2019 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 various sections of the Zoning Law to make reference to the adoption of an application fee schedule.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 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 meeting is today at 1pm and ZBA meeting scheduled for April 6th
• Tentative assessment roll will be filed before February 1st using the Town assessments- Wayne provided the board and Vicki with a document titled “NYCOM calendar of Dates ‘Checklist’ Village Budgeting an Real Property Tax Administration”. He advised the village get hold of the assessment roll. Have a copy of the assessment roll in the clerk’s office. Betsy to Vicki: reach out to Annmarie Seddio and ask for the tax assessment roll for all village residents. Provide Bridg Hunt with roll, cc Betsy, and put notice in paper. Karen asked Wayne about the process (listed in the document) of grievances and how it would work. In the past, people have gone to the Town of Shelter Island. Grievance day is listed as the 3rd Tuesday in February, to be held by a Board of Review which, in this case, is the village board. Wayne said he will look into whether there is language that can be included to accommodate grievances to be scheduled by appointment.

• Resolution to change the date for next Trustees’ Meeting to March 2^nd . Ari made motion and Karen seconded. All Board members present voted in favor. Betsy asked to make sure to notice gets sent to Bridg.

• Karen made motion and Ari seconded to go into Executive Session to discuss litigation and personnel matters- 10:15am. All Board members present voted in favor.

• The Board returned at 12:09 and called the meeting back into session.

Betsy announced that after careful consideration of all the work that is being done by state auditors and bookkeepers to fix Quickbooks and past budget mishaps, by the clerk and board members on taxes and tax warrants, the Board is looking to tighten up a lot of things regarding the process. Given that the village does not employ a full-time administrative staff, Betsy feels it makes more sense for the village to cease allowing tax payments be made in installments and require only on payment. Wayne noted that most villages require taxes be paid in one installment and that he could not find a resolution stating that the village do otherwise. Betsy spoke on behalf  Patrick Parcells (not present), who had expressed concern that reverting to one payment may put an undue burden on residents. Betsy, on behalf of the village, feels a two-installment process puts an undue burden on the village. Karen commented that the majority of residents make one payment. As someone who typically pays in two installments, after seeing what is involved to process the tax warrants currently, she is in full favor of this change. The last thing Betsy wants to do is assign penalties to residence.

Betsy proposed a resolution for reverting to payment of tax warrants in one installment and read the following proposed resolution. Ari made motion and Karen seconded. All Board members present voted in favor.

WHEREAS, pursuant to §1434 of the New York State Real Property Tax Law, the Village of Dering Harbor had previously authorized the payment of real property taxes in two installments; and

WHEREAS, the seasonal and part time nature of the Village and the relatively small annual budget has on occasion created timing issues as to covering Village liabilities pending receipt of the revenues from the second installment of taxes; and

WHEREAS, the Village does not employ a full time receiver of taxes, and the management and accounting of real property taxes in two installments has become overly burdensome; and

WHEREAS, to create more certainty in the timing of tax revenues and to ease the burden of accounting and collection, the Board of Trustees of the Village of Dering Harbor find that it is in the best interests of the long term financial stability of the Village to revert to the payment of the real property taxes in one installment, effective the next ensuing fiscal year (June 1, 2019 – May 31, 2020).

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby repeal its prior resolution(s) authorizing the payment of real property taxes in two installments, and

BE IT FURTHER RESOLVED, that pursuant to the provisions of Title 2 of the New York State Real Property Law, the Board of Trustees of the Village of Dering Harbor hereby directs that the Village Clerk and/or Village Treasurer to collect real property taxes in one installment effective the next ensuing fiscal year (June 1, 2019 – May 31, 2020) with notice to be forwarded to residents in accordance with the following parameters:

The Village tax year covers the period of June 1^st through May 31^st of the following year.

Village tax bills will be mailed no later than mid-May of every year.

The entire Village tax bill shall become a lien and the real property taxes shall become due and payable on June 1st and may be paid until June 30^th without penalty and interest.  Payment after July 1st shall be subject to a penalty of 5% and interest at the rate of 1% per month calculated from June 1^st.  Interest is calculated on the total of flat tax and penalty.

Example:  Tax payment to be made on or October 15th.

Delinquent Flat Tax:  $1,000.00

5% penalty:  $50.00

Total (Flat Tax plus Penalty):  $1,050.00

October Interest from June 1 (5 months = 5%):  $52.50

Total Due by October 31st:  $1,102.50

Please note:  If taxes are paid by mail, pursuant to the New York Real Property Tax Law, the taxpayer will avoid payment of a penalty and interest if the envelope bears proper postage and an official post office date/stamp not later than June 30^th.

The Village of Dering Harbor will send notices of unpaid taxes approximately 45 days after June 30^th and may publish a notice of such unpaid taxes in the official newspaper.

The Village of Dering Harbor reserves the right to elect a method of enforcing collection of Village real property taxes pursuant to the provisions of the New York Real Property Tax Law.

• Motion to Adjourn. Betsy asked for motion to adjourn, Karen moved and Ari seconded at 12:20pm. All board members present voted in favor.