Village of Dering Harbor
Trustees’ Meeting Minutes
January 18th, 2020, 9am 

• Attendance- Betsy Morgan (mayor), Patrick Parcells, Clora Kelly, Wayne Bruyn (village attorney). Vicki Weslek (village clerk, Susan Sempsey, Julia Brennan, Donna Ritzmann; absent- Ari Benacerraf, and Karen Kelsey
• Meeting was called to order at 9:04am.
• Patrick moved and Clora seconded to review and accept the minutes from the December 14^th Although Betsy was absent from that meeting, she listened to the recording that the clerk provided to her. All Board members present voted in favor.
• Old Business
• Ways and Means
• A resolution to approve the abstract/bills to be paid was moved by Patrick, seconded by Clora. All Board members present voted in favor.
• A resolution to approve the budget amendments to record the collection and expense of the water meter installation was moved by Patrick and seconded by Clora. All Board members present voted in favor.

WHEREAS, The Village had received revenue from Residents for the Installation of Water Meters, to be paid to Suffolk County Water Authority in accordance with the Contract, which had not been included in the 5/2020 Adopted Budget and,

WHEREAS, the Village had spent these proceeds in accordance with the specified purpose and must amend the budget, accordingly, now therefore be it,

RESOLVED that the 5/31/2020 Budget be amended as follows:

INCREASE REVENUE:

A3550 Water Meter Installation Fees $43,050.00

INCREASE EXPENSE:

A83504 Water Meter Installation Expense $43,050.00

• A resolution to approve the transfer of $8,000 budget surplus from the EFC debt service account to the Capital Reserve account for future improvements was moved by Patrick and seconded by Clora. All Board members present voted in favor.

WHEREAS, The Village had budgeted $9500 for Debt Service for NYS EFC, and the Actual amount due was $1,500, creating a budget surplus in the amount of $8,000 in that account, The Village Board intends to transfer the surplus fund to the capital reserve account to be used for future capital improvements, now therefore be it,

RESOLVED that $8,000 be transferred from the operating account to the capital reserve:

• Budget update: Patrick explained that there are some dates to keep in mind. The preliminary budget will be unveiled during the March meeting. The public hearing on the preliminary budget will be held during the April meeting. The vote to adopt the budget will be held during the May meeting. Wayne suggested Vicki prepare 3 different calendars of dates- one for the budget, one for taxation and collection, and one for the election. Also, Wayne explained the need for the village to pass a resolution regarding the 2% cap, as suggested by the state auditor. It is something the village needs to adopt each year in relation to the budget but hasn’t adopted the last two years. Wayne does not expect the village will need it, based on what Patrick has reported, but it still needs to be done nonetheless. Therefore, a resolution to schedule public hearing 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 directs that a public hearing shall be held on Saturday, March 7, 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:  “Local Law authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for 2020”

LOCAL LAW NO. __ OF 2020

A LOCAL LAW authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for 2020.”

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

Section 1.  Title, Intent and Purpose.

1.1. Title.  The title of this local law shall be the “Tax Levy Limit Override 2020.”

        1.2. Legislative Authority.  This local law is adopted pursuant to New York State General Municipal Law (GML), §3-c(5) that expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of 60% of said governing body

        1.3. Purpose. It is the intent of this article to allow the Village of Dering Harbor to adopt a budget for the fiscal year commencing 2020 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c.

Section 2.  General Provisions.

        2.1. Tax Levy Limit Override.  The Board of trustees of the Village of Dering Harbor is hereby authorized to adopt a budget for the fiscal year commencing 2020 that requires a real property tax levy in excess of the amount otherwise prescribed in the GML, §3-c

Section 3.  Authority.  The proposed local law is enacted pursuant to General Municipal Law §3-c(5) and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a), 10(1)(ii)(a)(12), and 10(1)(ii)(e)(3).

Section 4.  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 5.  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 at 9:00 a.m. prevailing time on Saturday, March 7, 2020 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 authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for 2020.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, between 9:00 a.m. and 12:00 noon on Monday, Wednesday and Friday, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

• General Code update- Wayne, Clora, and Karen are in communication regarding the report General Code has sent to the village. Clora reported that the goal is to have something to present to the Board and a public hearing scheduled when there are more residents present. She wanted to make sure everyone understands that what they are doing to with the zoning code is routine housekeeping and seeking to simply clarify and tidy-up existing code.

• Update on changes to Surface Water and Navigation Law- Wayne explained that there are recommendations from General Code for the adoption or changes to the code that are substantive. It is up to the village to decide whether they will do that at this time or wait until a later date. For example, in the case of the Surface Water and Navigation Law, there are two laws regarding this that overlap and conflict. In this case, the village’s recommendation to General Code will be to leave it as is because the village is already planning to amend this law, which will clarify the code in this area. Drafts have been circulated and are being discussed among the BOT and Wayne, but a public hearing on the matter has not been scheduled yet. But both the village and General Code recognize the need for this part of the code to be updated.

• Water Update: Patrick- chloride levels are stable. Well #1 is at about 25 and well #2 is at about 60. Patrick asked the SCWA to do some testing to find out how rapidly the chloride levels increase as they pump. Well #2 is damaged from the 2017 incident. Patrick asked the SCWA what the status is of the DEC well application and how confident they are that the new wells will be in place by summer. The water authority had produced the report the DEC said it needed, but the DEC responded saying they need more data from the US Geological group. The DEC now has everything they need and in theory, DEC approval of the new wells could come in the next few weeks. Once that comes in, there is a 30-day public notice period that needs to happen, after which it becomes approved. After that, it will take about 2-months to install the new wells and water mains needed. So there is a chance that the new wells will be installed by summer, but the village may need to live with the old wells for another summer. Clora asked Patrick if he thinks the SCWA is doing everything they can to move this forward and Patrick said he does.

The village is also acquiring a generator needed for the water system directly from a supplier, which has been approved by the state.

Also, Patrick said that residents can expect to get their first water statement from the SCWA in Feb. Residents will be billed quarterly and the average annual cost will be around $450.

Betsy asked if Patrick had gotten any feedback from Joe Pornoky (SCWA) regarding who is responsible for tree word/grass cutting related to the water system. Patrick told Joe that he thinks the best thing to do is let the village take care of it and he is waiting to hear confirmation.

• Status of Litigation and FOIL requests- No new FOIL requests since December.

Wayne gave an update on the (4) outstanding litigation matters.

One is the original Article 78 challenging the Dec 2017 decision on the Goldfarb/Paredes “living fence” application. It was originally dismissed by the supreme court as being moot based on the adoption of the subsequent amendment to the code (that didn’t require such applications any further). The plaintiffs have appealed that decision and filed their brief in December. Wayne has completed his brief and provided the clerk with copies. Wayne mentioned that the printing cost  alone (including proper bounding and including specific type) is $800-900, which the village is responsible for.

The second action is the challenge to the local law that was adopted in April 2018. In each case, in addition, the landowners were served. In that action, the landowners made a motion to dismiss, which was granted by the court. There was a motion to reargue. As far as the village, it has provided its answer. The court’s decision (as to the landowners) had dealt with some of the propriety of the new local law in its decision, but could not give the village relief because it had not made a motion for any relief. Wayne has filed a motion for summary judgement and the village is now waiting for the plaintiff’s response. Clora asked for clarification on who is taking this action. Wayne noted the plaintiff’s are Timothy Hogue and Dering Point Associates (Brownlie property).

The 3rd litigation precedes the aforementioned cases, which is the Goldfarb/Paredes vs. VDH and Martha Baker. The Goldfarb/Paredes part of the litigation has been settled. As to the Baker piece, the necessary parties needed to be served, which has all been accomplished according to the plaintiff’s attorneys. But they have not made a motion to put this in front of the court, which is what the village is waiting for. Once a motion has been made, there can be some sort of disposition. Goldfarb and Baker are the plaintiffs in this case.

The last case has to do with Mr. Hogue’s ZBA application. An article 78 has been filed challenging the ZBA’s decision to deny the request for subpoena of certain parties and records on grounds that it is premature. Wayne is waiting on the courts’ decision. Clora asked for clarification on who is taking this action. Wayne explained that it is the applicant Timothy Hogue who is suing the ZBA.

The village has also received 2 notices of claim:

One regarding the Calabro property. Village has outside council on this and to Wayne’s knowledge, there hasn’t been any further information provided, nor has any lawsuit commenced.  The claim was in the nature of trespass and normal statute of limitations on such a claim is 3 years from when they became aware of the trespass. Mr. Calabro did attend a trustees meeting (predating the claim) in which he acknowledged some awareness of the matter.

Another claim is from Statewide Aquastore for an unpaid invoice. Their last payment has been withheld by the village since part of the Clabro claim relates to the placement of the new water tank. There’s a question as to who is responsible for placing the tank in its location. It was the responsibility of Statewide to properly place the tank and that placement is now in question. Patrick has explained to Statewide that the payment is being held because otherwise, making that payment would constitute an acceptance of the location of the tank, which is one of the things being called into question in the Clabro claim. Statewide understands that this is related to the other matter and that the village needs to investigate further to find out who and where and the like before the village proceeds with this payment.

• Public Works: dead tree on Manhanset to be removed on Tuesday, January 14th; street lamp problems; corner of Manhanset and Dinah Rock. Jay Cross and Bob Ruttenberg have expressed dislike of the street lamps. Betsy suggested reaching out to Alfredo Paredes and Jay Cross for help in choosing more aesthetically pleasing and safer street lamps. Perhaps ones that are directional (shine down) so that they don’t pollute the night sky. One question is whether or not they are actually required for street safety.
• New Business

• Election dates overview from Vicki, which she reviewed with the board after attending an election workshop hosted by NYCOM and corresponding with NYCOM’s lawyer. All dates have been shifted since the village election will be happening earlier than previous years. This year the village election will be held on Friday, May 22nd, 2020.

• Conversation about the need to have a draft of the new water law available at the March BOT meeting (having run it by SCWA) and schedule a public hearing for April. Patrick’s main concern is that it is in place before the season starts.

• Vicki will be on vacation the last two weeks of February and will be working extra hours the week before she leaves and after she comes back.

• A resolution to change the village clerk’s hours to Monday, Wednesday, and Friday from 9am – 12pm was moved by Patrick and seconded by Clora. All Board members present voted in favor. Betsy asked Vicki to make sure the new hours are posted to the website and emailed to all the residents.

• Patrick also encouraged Vicki to take advantage of any formal training that NYCOM or other trusted sources offer in terms of her role as treasurer.

• The board moved into Executive Session to discuss litigation matters at 10:20am.

• The meeting was called back into session at 11:30am.

 

• Betsy asked for a resolution to schedule a public hearing on a local law amending §4-420(1) & (3) (fences and walls) of the zoning law to permit protective deer fencing, which 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 directs that a public hearing shall be held on Saturday, March 7, 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:  “Local Law amending §§4-420(1) & (3) (Fences and Walls) of the Zoning Law to permit protective deer fencing.”

 

 

LOCAL LAW NO. ___ OF 2020

A LOCAL LAW amending §§4-420(1) & (3) (Fences and Walls) of the Zoning Law to permit protective deer fencing.”

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

Section 1. Amendment.  Section 4-420(1) (Fences and walls) is hereby amended by adding a new subsection (h) as underlined words as follows:

Section 4-420.  Fences, walls and hedges.

1. Fences and walls. Fences and walls are defined as structures of wood, stone, metal, plastic, or other material, or combination thereof, bounding an area of land designed or intended to limit access to an area, or for defense, security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.  A hedge as hereinafter defined shall not be considered to be a fence or wall.  The following requirements shall apply to fences and walls in all districts:

(a) No fence or wall in a front yard or along a street line shall have a height greater than four (4) feet.

(b) No fence or wall in a rear yard or side yard shall have a height greater than six (6) feet.

(c) In no case shall any fence have a height greater than six (6) feet.

(d) All fences to be erected shall have the finished side of the fence toward the adjoining street and to adjoining neighboring property(ies).

(e) A fence or wall shall not be erected on a berm or another fence or wall unless the total height of the combination of such features does not exceed the standards in this section.

(f) Fences and walls on corner lots shall be subject to the corner clearance requirements of §4-408 herein.

(g) To allow for visual clearance and snow removal, fences and walls shall be setback a minimum of four (4) feet from the street right-of-way line or such other greater distance as may be determined by the Architectural Review Board.  Where the boundary line for the property extends into the paved portion of the street, then such fence or wall shall be setback a minimum of four (4) feet from the paved edge, curb line or sidewalk, whichever is greatest.

(h) Notwithstanding any provision in this section to the contrary, a fence to protect the foliage of vegetation from being eaten by deer may be erected and maintained on a temporary basis.  Such temporary fence shall be fabricated of welded wire mesh with forest green or black PVC coating.  Fence posts shall also be forest green or black in color.  Such temporary fence shall not exceed the height of the hedge, shrub or plant to be protected or five (5) feet above the grade level, whichever is less.  Such temporary fence shall be placed in such a manner that it is immediately adjacent to the hedge, shrub or ornamental plant to be protected so that it visually blends into the hedge, shrub or plant.

Section 2. Amendment.  Section 4-420(3) (Review of fences and walls by the Architectural Review Board) is hereby amended by adding underlined words as follows:

3.   Review of fences and walls by the Architectural Review Board.  Applications for all fences and walls, including fences for pools tennis courts and gardens, are subject to review and approval of the Architectural Review Board under the provisions of Article X of this law, except that a fence necessary to protect the foliage of ornamental vegetation as described in subsection (1) that is erected and maintained on a temporary basis shall not require a building permit or review by the Architectural Review Board.  The Architectural Review Board shall have the authority to impose greater setbacks or reduce the height of fences and walls.

Section 3.  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 4.  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 5.  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, March 7, 2020 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 §§4-420(1) & (3) (Fences and Walls) of the Zoning Law to permit protective deer fencing.”

Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, between 9:00 a.m. and 12:00 noon on Monday, Wednesday and Friday, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

• Date for Next Meeting – Saturday, 7^th of March 2020 at 9:00 a.m.
• A motion to adjourn at 11:32am was moved by Patrick and seconded by Clora. All Board members present voted in favor.