Trustees’ Meeting Minutes – July 9, 2022

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Village of Dering Harbor
Trustees Meeting Minutes
July 9, 2022
9:00 AM 

  • The meeting was called to order at 9am.
  • Attendance- Karen Kelsey (mayor), Brad Goldfarb, Ari Benacerraf, Brandon Rose, Samuel Ashner; Wayne Bruyn (village attorney), Vicki Shields (village clerk),  Donna Ritzmann (Tim Hogue’s stenographer) ,Melinda Carroll
  • A motion to accept the minutes from the June 11th, 2022 meeting was made by Brandon and seconded by Sam. All Board members voted in favor. Motion passed.
  • A motion to accept the minutes from the Special Meeting of May 20th, 2022 was made by Brad and seconded by Brandon. 4 votes in favor, 1 abstention (Sam). Motion passed.
  • Treasurer Report
    • Brandon asked Vikci to send out the Abstract via email so the Trustees can see the list ahead of each meeting.
    • Vicki reported that of the $218,625.13 listed in the 2022/23 tax warrant, the village has received $206,455.52 in tax payments. $12,169.61 is still outstanding, which represents 3 outstanding bills. She used this opportunity to remind residents that a 5% penalty and 1% monthly interest is added to any payments received after the July 1st due date.
    • A resolution authorizing payment of the outstanding bills abstract was made by Ari and seconded by Brad. All Board members voted in favor. Motion passed.
  • Announcements

Speed Bumps Installed- Karen thanked Sam for getting that done. She has not heard any complaints.

  • Continuation of the Public Hearing- A Local Law amending §§230-7, 230-8, 230-9 and 230-21 of the Zoning Code related to permitted/prohibited uses, interpretations and accessory driveways and off-street parking areas.

Wayne stated for the record that last meeting Marion Brownlie submitted a letter to the trustees, in which she pointed out that her driveway is over an easement/right of way.. Wayne believes it’s the only situation of its kind in the village. In her letter, Mrs. Brownlie is looking for clarification on what the law says and requests that if this law is adopted, that her right of way, including her parking area, would constitute a pre-existing, legal non-conforming access to  her parking area. Wayne confirmed that is the case.

Brandon asked for clarification on a few sections of the proposed law. Wayne responded.

Public comments;

  1. Melinda Carroll commented that the new law is challenging and thinks it would change the character of her property. She realizes that she will probably be the first resident to apply for a variance for what they would like to do on the property should this law pass. Wayne explained that she has an existing condition and has a right to maintain that existing condition. It’s the modifications that she’s seeking that she will need a variance for.

A motion to close the hearing was made by Brad and seconded by Ari. All Board members voted in favor.

A motion to adopt the following local law was made by Sam and seconded by Brad. All voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a Local Law amending §§230-7, 230-8, 230-9 and 230-21 of the Zoning Code related to permitted/ prohibited uses, interpretations and accessory driveways and off-street parking areas; and

WHEREAS, public hearings were held on March 13, 2021, April 10, 2021, May 8, 2021, June 12, 2021, July 10, 0221, August 14, 2021, September 11, 2021, October 10, 2021, November 13, 2021, December 11, 2021, January 15, 2022, February 12, 2022, March 12, 2022, April 23, 2022, May 14, 2022, June 11, 2022 and July 9, 2022; and

WHEREAS, by letter dated March 12, 2021, 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)(36), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 of 2022 is hereby adopted as follows:

LOCAL LAW NO. 2 OF 2022

A LOCAL LAW §§230-7, 230-8, 230-9 and 230-21 of the Zoning Code related to permitted/prohibited uses, interpretations and accessory driveways and off-street parking areas.

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

SECTION 1.  Amendment.  Section 230-7 the Zoning Code is amended by deleting strikethrough words and adding underlined words as follows:

§230-7 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 §230-23.
    3. Accessory use.
    4. Municipal buildings, structures or uses.
    5. Home occupation.
    6. Golf course.
    7. Accessory driveways and accessory off-street parking areas authorized under §230-21.

SECTION 2.  Amendment.  Section 230-8 of the Zoning Code is amended by deleting strikethrough words and adding underlined words as follows: 

§230-8 Uses prohibited.

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

    1. The breeding of fowl.
    2. The keeping of animals, other than domestic household pets, except as a special exception.
    3. Signs, except a name of family, house name, security monitoring sign or street number sign having an area of not more than 225 square inches, or except as a special exception.
    4. Any other than a permitted use, building or structure. Any other building, structure or use not specifically listed as permitted is prohibited.
    5. Off-premises parking areas or on-street parking. Parking of private vehicles on Village of Dering Harbor streets is prohibited except as authorized by the Board of Trustees of the Village of Dering Harbor. All residences must contain adequate off-street parking for a minimum of four vehicles of an average size. Parking on Village of Dering Harbor property is prohibited except for occasional special events and Village of Dering Harbor purposes as authorized by the Board of Trustees of the Village of Dering Harbor only.  Any violations of this provision shall be subject to towing at the expense and sole liability of the owner of the offending vehicle.
    6. Commercial activity, except golf courses.

SECTION 3.  Amendment.  Section 230-9 of the Zoning Code is amended by deleting strikethrough words and adding underlined words as follows:

§230-9 Application; interpretation; irregular lots. 

A. The regulations set forth in this article shall apply to both districts

B. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection of the public health, morals, safety, comfort, convenience and general welfare of the community.

(1) No building or structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this chapter and particularly with the specific         regulations for the district in which such building or land is located. Any use not         specifically permitted is prohibited.

(2) Every building hereafter erected shall be located on a lot as herein defined.

(3) There shall be no more than one principal building and its accessory buildings and structures and not more than one dwelling unit on any such lot.

(4) Each principal building will shall have only one dwelling with only one indoor kitchen.  A “kitchen” is defined as a space used for preparing meals and containing one or more appliances used for that purpose.  Two or more separate kitchen facilities in the principal building are strictly prohibited.  Kitchen or kitchen facilities, except for outdoor kitchens, are strictly prohibited in any accessory building either attached or detached to the principal dwelling.

(5) No yard or open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as part of the yard or other open space for any other building.  No yard or other open space on one lot shall be considered as a yard or open space for a building on another lot, and, should a lot hereafter be formed subdivided from the part of a lot already whether occupied by a building or not, such separation subdivision shall not result in the creation of a non-conforming lot, nor be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and .

(6) nNo permit shall be issued for the erection of a building or structure on the new lot thus created unless it complies with all the provisions of this chapter.

(7) All accessory buildings and structures, except fences, shall have the same front yard, side yard, and rear yard setbacks as required for principal buildings on the lot, except such lesser or greater setbacks as may be provided elsewhere in this Chapter and such setbacks for driveways as provided in §230-21.

C. Where a question exists as to the proper application of any of the provisions of this chapter to a particular lot or parcel because of the peculiar or irregular shape or topography thereof, the Board of Appeals shall determine how such regulations shall be applied with the following procedures:

(1)  The person owner of the property concerned shall make a written application in accordance with the provisions of Article VIII of this Chapter, signed and sworn to, to the       Building Inspector, for an interpretation of the proper application of such regulations or other provisions which shall set forth all the pertinent facts involved and be accompanied by a survey of the premises in question drawn to scale by a licensed land surveyor showing lot dimensions and the setback distances of any existing structures.

(2)  The Building Inspector shall make a preliminary determination thereon and refer it to the Board of Appeals for review.

(3)  The Board of Appeals, upon such referral, shall call a hearing in accordance with its    regular procedure, shall at such hearing review the matter and issue its determination in    the form of an opinion and decision by the Board of Appeals.

SECTION 4.  Amendment.  Section 230-21 of the Zoning Code is amended by deleting strikethrough words and adding underlined words as follows:

  • 230-21 Driveways construction and Off-Street Parking Areas.

A driveway and an off-street parking area shall be located on a property only as an accessory structure to a principal dwelling on the same lot in accordance with the following conditions and standards: 

A. Driveways.

(1) A driveway shall be located on the same lot as the principal dwelling.  A driveway created via an easement over another lot is prohibited, except such driveway located in an easement required as a condition of subdivision approval by the Planning Board.  A driveway shall not be considered to be an accessory to a waterfront facility. 

(2)  A driveway shall be located on a lot to provide safe and convenient access to the principal dwelling with adequate sight distance from intersections of streets and/or other existing driveways.  Where practicable, a driveway on a corner lot shall be located on a side or minor street. 

(3)  A driveway may cross through the front yard but shall be setback a minimum of twenty-five (25) feet from the side and rear lot lines in the Residential B District and fifty (50) feet from the side and rear lot lines in the Residential A District, except in the case of a flagpole lot or a pie-shaped lot with limited frontage where the driveway may located at a lesser setback up to the point the lot widens and can accommodate the required setback from the side lot lines.

(4) Only one driveway entrance/exit shall be allowed on a lot with less than fifty (50) feet of frontage.

(5)  Driveways shall not be constructed with visible bituminous asphalt, commonly called “blacktop,” and the surface shall be gravel or other loose aggregate.  Ddriveways shall be so constructed to retain such loose aggregate from the public highways of the Village, by utilization of an apron or other appropriate retainer.  The location of the curb cut and the apron required in subsection (6) shall be subject to a permit issued by the Building Inspector after review and approval of the Architectural Review Board.

(6) The driveway entrance and egress of each property to and from the public roadway shall have a surface access apron of a minimum of ten (10) feet long and six (6) feet    wide.  This area shall be made of a solid material, such as cement, Belgian block or stone, but not visible bituminous asphalt, commonly called “blacktop,” as is prohibited above.

(7) A driveway and driveway apron area shall include properly sized drainage structures to retain all stormwater runoff generated by such driveway and apron area from entering the street.

(8) A nonconforming driveway existing prior to the adoption of this section shall not be expanded or altered unless a variance is obtained from the Board of Appeals. 

(9) Installation of a new driveway or the expansion, relocation or modification of an existing driveway shall require review by the Architectural Review Board.

B. Off-Street Parking Areas.

(1) All lots containing a dwelling shall contain adequate off-street parking for a minimum of four (4) vehicles of an average size.  

(2) An off-street parking area is an improved area designed to accommodate on-site maneuvering and parking of automobiles and vehicles.  An off-street parking area is separate from but connected to the driveway and commonly referred to a parking court.  Off-street parking may occur on an improved driveway, but a driveway shall not constitute the off-street parking area required herein.  Off-street parking shall not occur on a lawn or unimproved dirt areas, except on a temporary basis.  Temporary parking on a lawn or unimproved dirt areas shall not grant any rights to permit the improvement or establishment of a parking area without conformance to the provisions of this Section. 

(3)  An off-street parking area shall be located on the same lot as the principal dwelling.  An off-street parking area shall not be considered as an accessory to a waterfront facility. 

(4) An off-street parking area shall be located within the building envelope determined by the applicable setbacks of the principal dwelling. 

(5) An off-street parking area shall not exceed 2,500 square feet in area.  

(6) An off-street parking area shall not be constructed with visible bituminous asphalt, commonly called “blacktop,” and the surface shall be gravel or other loose aggregate, or grass pavers. 

        (7) An off-street parking area shall include properly sized drainage structures to retain all stormwater runoff generated by such parking area on-site. 

(8) A nonconforming parking area existing prior to the adoption of this section shall not be expanded or altered unless a variance is obtained from the Board of Appeals.  

(9) Installation of a new off-street parking area or the expansion, relocation or modification of an existing off-street parking area shall require review by the Architectural Review Board.

SECTION 5.  Applicability.  The provisions of this local law shall not apply to a driveway or curb cut authorized by the Board of Trustees, Zoning Board of Appeals, Architectural Review Board or Planning Board prior to the effective date of this Local Law. 

SECTION 6.  Authority.  The proposed local law is enacted pursuant to Village Law §7-712, et. seq. as well as Municipal Home Rule Law §§10(1)(i) and 10(2). 

SECTION 7.  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 8.  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 Adoption: 

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after public hearings were held on March 13, 2021, April 10, 2021, May 8, 2021, June 12, 2021, July 10, 0221, August 14, 2021, September 11, 2021, October 10, 2021, November 13, 2021, December 11, 2021, January 15, 2022, February 12, 2022, March 12, 2022, April 23, 2022, May 14, 2022, June 11, 2022 and July 9, 2022, the Board of Trustees of the Village of Dering Harbor at their meeting of July 9, 2022 adopted LOCAL LAW NO. 2 OF 2022 as follows:  “Local Law amending §§230-7, 230-8, 230-9 and 230-21 of the Zoning Code related to permitted/ prohibited uses, interpretations and accessory driveways and off-street parking areas.”

A copy of the adopted law, sponsored by the entire Board of Trustees, is 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

 

  • A motion to open the Public Hearing- Local Law amending §230-49, §230-64B and §230-64E of the Zoning Code related to referral of applications for demolition of buildings and structures to the Architectural Review Board was made by Sam and seconded by Brad. All Board members voted in favor.

Wayne explained that in the past, there was a discussion that the board had back when they were contemplating the moratorium. A discussion arose whether ARB review was required. The code was not clear. This would make it clear that, just like with any building permit, a demolition permit would also have to be referred by the building inspector to the ARB.

Wayne also stated for the record that this proposed law was referred to the SCPC and they determined it is a matter of local determination.

Board comments:

  1. Brandon’s comment. He is in favor of it.
  2. Karen said this law protects the village.

Wayne said it gives consistency of review.

Public Comments:

  1. Susan from the Reporter asked if the initial moratorium is still in place. Wayne answered yes.

A motion to close the public hearing was made by Ari and seconded by Brad. All Board members voted in favor.

A motion to adopt the following Local Law was made by Ari and seconded by Brad. All Board members voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a Local Law amending §230-49, §230-64B and §230-65E of the Zoning Code related to demolition of buildings and structures and review standards of the Architectural Review Board; and

WHEREAS, a public hearing was held on July 9, 2022; and

WHEREAS, by letter dated July 8, 2022, 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)(36), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 3 of 2022 is hereby adopted as follows:

LOCAL LAW NO. 3 OF 2022

A LOCAL LAW amending §230-49, §230-64B and §230-65E of the Zoning Code related to demolition of buildings and structures and review standards of the Architectural Review Board amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.

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

SECTION 1.  AMENDMENT.  Section 230-49 of the Zoning Law (Demolition permit application; fees) is amended by deleting strikethrough words and adding underlined words as follows:

  • 230-49. Demolition permit application; fees.
  1. Demolition permit requirement. No building, structure or portion of any building or structure shall be altered, demolished or removed until a permit for demolition, alteration or removal has been issued by the Building Inspector.
  2. Demolition permit application.

(1)       Every application for a demolition permit shall be made upon a form issued or approved by the Building Inspector. Such application must be accompanied by any information necessary to such application.  Any demolition required for alteration or reconstruction or new construction that requires a building permit shall also require a demolition permit.

(2)       No demolition or removal shall be undertaken until the demolition permit has been approved by the Building Inspector, in writing, with notice to the Board of Trustees of such approval.

(3)       No demolition or removal shall be undertaken without full and proper notice to all adjoining property owners and any property owners within 250 feet of the property, even if across a paved roadway, where the demolition, removal or alteration will take place. “Proper notice” shall be defined as written notice to property owner at the primary address listed on file with the Village Clerk for the purposes of tax receivership.  “Proper notice” is further defined as 10 business days prior to the date of the proposed demolition, removal or alteration.  Proof of service of such notices shall be submitted to the Building Inspector before the permit is released to the applicant and the commencement of the demolition.  Such proof shall be in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices.

  1. 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.
  2. Architectural Review Board Approval required.  Prior to the issuance of a demolition permit, the Building Inspector shall refer the application to the Architectural Review Board for its approval or disapproval in accordance with the provisions of Article X of this Chapter.

SECTION 2.  AMENDMENT.  Section 230-64 B of the Zoning Law is amended by deleting strikethrough words and adding underlined words as follows:

  1. As soon as practicable and in any event within five business days after determining that an application for a building permit for the demolition, construction, reconstruction or alteration of any building or structure complies with all provisions of the Zoning Law, other than this article, the Building Inspector shall transmit to the Board of Architectural Review a copy of any such application which the Building Inspector first determines comes within any of the following categories:

(1)           Construction of any new building or structure;

(2)           An addition or reconstruction, demolition or alteration of any existing building or structure, in such a manner as to change substantially the exterior character and appearance of the building or structure.  Interior alterations to an existing building or structure and the in-kind replacement of materials of an existing building or structure shall not be considered to be a substantial change requiring review by the Architectural Review Board for the purposes of this section.

(3)               All fences and walls, including fences for pools, tennis courts and gardens.

SECTION 3.  AMENDMENT.  Section 230-65 E of the Zoning Law is amended by adding a new subsection (7) as underlined words as follows:

  • 230-65 E. The Architectural Review Board may disapprove any application for a permit, provided that the Board has afforded the applicant a reasonable opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected or altered as indicated, provoke one or more of the harmful effects set forth in §230-60 by reason of:

(7)       Any request for demolition of a building or structure, in whole or in part, shall       include specific details relating to the demolition and the redevelopment after         demolition, demonstrating how the proposed demolition and redevelopment will preserve          and enhance the character, history, historical interest, beauty, general welfare and property values of the Village of Dering Harbor.

SECTION 4.  AUTHORITY.  The proposed local law is enacted pursuant to Village Law §7-712, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(2).

SECTION 5.  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 6.  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 Adoption:

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after a public hearing was held on July 9, 2022, the Board of Trustees of the Village of Dering Harbor at their meeting of July 9, 2022 adopted LOCAL LAW NO. 3 OF 2022 as follows:  “A Local Law amending §230-49, §230-64B and §230-65E of the Zoning Code related to demolition of buildings and structures and review standards of the Architectural Review Board amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.”

A copy of the adopted law, sponsored by the entire Board of Trustees, is 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

  • A motion to open the Public Hearing- Local Law authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for Fiscal Year 2023 was moved by Ari and seconded by Brad. All Board members voted in favor.

Karen explained that this is a law that needs to be passed every year. Wayne says typically this law is passed in the Spring and Karen wanted to pass it now so that the village has it as a tool should they need to use it.

No public comments.

A motion to close the public hearing was made by Brad and seconded by Ari. All Board members voted in favor.

A motion to adopt the following Local Law was made by Brad and seconded by Sam. All Board members voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for Fiscal Year 2023; and

WHEREAS, a public hearing was held on July 9, 2022; and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 4 of 2022 is hereby adopted as follows:

LOCAL LAW NO. 4 OF 2022

A LOCAL LAW authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for Fiscal Year 2023.”

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 2023.

            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 June 1, 2023 that requires a real property tax levy in excess of the tax levy limit as defined by General Municipal Law §3-c.

Section 2.  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 June 1, 2023 that requires a real property tax levy in excess of the amount otherwise prescribed in the GML, §3-c.

Section 3. Repeal.  If the Board of Trustees of the Village of Dering Harbor adopts a budget for the fiscal year commencing on June 1, 2023 that does not require a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c (to wit, if the authorization contained in Section 2 of this Local Law is not utilized), the override authority under this local law may be repealed by resolution of the Board of Trustees (to wit, without a public hearing and without any further local law).

Section 4.  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 5.  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 6.  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 Adoption:

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after a public hearing was held on July 9, 2022, the Board of Trustees of the Village of Dering Harbor at their meeting of July 9, 2022 adopted LOCAL LAW NO. 4 OF 2022 as follows:  “Local Law authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for Fiscal Year 2023.”

A copy of the adopted law is on file in the Village Hall, Monday, Wednesday or Friday, from 9:00 a.m. to 12 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

 

  • A motion to open the Public Hearing- Local Law adding a new Chapter 5 of the Code of the Village of Dering Harbor entitled Administration of Government with a new Article I to allow public bodies of the Village to hold meetings via videoconferencing was made by Ari and seconded by Brad. All Board members voted in favor.

Karen briefly explained the background for this law and the need to pass it should the village need to use it. It would be very complicated and a burden to the village to do this. But it is an important thing for the village to have the option to do.

Wayne gave a background on the impetus for this law. The issue is the technology that the law requires. He said he thinks it good to have in place and allows for flexibility.

Public Comments:

  1. Susan from the SI Reporter asked if the Town of Shelter Island has this technology and wondered if maybe the village can borrow it.

A motion to close the public hearing was made by Brad and seconded by Sam. All Board members voted in favor.

A motion to adopt the following local law was made by Ari and seconded by Brad. All Board members voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law adding a new Chapter 5 of the Code of the Village of Dering Harbor entitled Administration of Government with a new Article I to allow public bodies of the Village to hold meetings via videoconferencing; and

WHEREAS, a public hearing was held on July 9, 2022; and

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

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 5 of 2022 is hereby adopted as follows:

LOCAL LAW NO.  5 OF 2022

A LOCAL LAW adding a new Chapter 5 of the Code of the Village of Dering Harbor entitled Administration of Government with a new Article I to allow public bodies of the Village to hold meetings via videoconferencing.

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

SECTION 1.  Legislative Intent.  As part of its response to the COVID-19 pandemic, by emergency declarations New York State authorized local governments to utilize videoconferencing to conduct the business of the locality, including, but not limited to, meetings of the Board of Trustees of the Village of Dering Harbor, as well as local land use boards such as the Zoning Board of Appeals, Architectural Review Board and Planning Board.  As a result of this accommodation, public participation was maintained – and likely enhanced – throughout the pandemic by the public’s ability to access these local government boards through videoconferencing.

Given this realization, the New York State legislature has worked to amend New York State Public Officers Law to permanently allow remote public participation, while still ensuring the ability of the public and the media to directly access government officials, in person.  The result is an amendment to New York State Public Officers Law through the enactment of §103-a, realized as Part WW of Chapter 56 of the Laws of 2022, which enables local governments, in their discretion, to use videoconferencing to conduct their meetings, provided that a minimum number of members are present to fulfill the public body’s quorum requirement in the same physical location or locations where the public can attend, and certain criteria are met.

The Board of Trustees of the Village of Dering Harbor seeks to authorize the use of this option.  Thus, the purpose of this local law is to authorize the Village’s public bodies, in their discretion, to have the flexibility to hold meetings using videoconferencing technology in a manner consistent with Public Officers Law §103-a.  The Village Board will adopt videoconferencing procedures by resolution to further identify the manner in which videoconferencing will occur.

SECTION 2.  Amendment.  The Code of the Village of Dering Harbor is amended by adding a new Chapter 5 entitled Administration of Government with Article I entitled Videoconferencing to read in its entirety as follows:

CHAPTER 5
ADMINISTRATION OF GOVERNMENT
ARTICLE I
VIDEOCONFERENCING

  • 5-1. Videoconferencing at Meetings of Public Bodies.
  1. Pursuant to Section 103-a of the New York State Public Officers Law, the Village’s public bodies (as such term is used in such Section) are authorized to hold meetings using videoconferencing technology in a manner consistent with Public Officers Law §103-a and written procedures governing member and public attendance to be established by resolution of the Board of Trustees.
  2. Such written procedures governing member and public attendance shall be consistent with the Public Officers Law §103-a and may be amended or modified from time to time by the Board of Trustees as it may deem necessary or desirable.
  3. Such written procedures shall be conspicuously posted on the website of the Village of Dering Harbor.
  4. Nothing herein shall require any public body to utilize videoconferencing technology. Rather, the decision to use videoconferencing technology at any meeting or meetings shall be discretionary on the part of such public body.

SECTION 3 Authority.  The proposed local law is enacted pursuant to This local law is adopted pursuant to the New York State Public Officers Law §103-a. 

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 Adoption:

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after a public hearing was held on July 9, 2022, the Board of Trustees of the Village of Dering Harbor at their meeting of July 9, 2022 adopted LOCAL LAW NO. 5 OF 2022 as follows:  “Local Law adding a new Chapter 5 of the Code of the Village of Dering Harbor entitled Administration of Government with a new Article I to allow public bodies of the Village to hold meetings via videoconferencing.”

A copy of the adopted law is on file in the Village Hall, Monday, Wednesday or Friday, from 9:00 a.m. to 12 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK

A  motion to pass the resolution for Video Conferencing Procedures was moved by Sam and seconded by Brad. All Board members voted in favor.

Wayne directerd Vicki to add to the village procedures manual and post to the website. 

 

VIDEOCONFERENCING PROCEDURES
FOR PUBLIC BODIES OF THE VILLAGE OF DERING HARBOR

WHEREAS, pursuant to Local Law No. 5 of 2022, adopted on July 9, 2022, the Board of Trustees of the Village of Dering Harbor authorized members of the Village’s public bodies to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law §103-a, subject to the adoption of written procedures governing member and public attendance

NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby sets forth the following procedures as it relates to videoconferencing, consistent with New York State Public Officers Law §103-a:

  1. A minimum number of members of the public body must be present to fulfill the public body’s quorum requirement in the same physical location where the public can attend.
  1. Members of the public body shall be physically present at any such meeting unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances.  Extraordinary circumstances shall include disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at any such meeting.
  1. If a member cannot be physically present at any such meeting due to an extraordinary circumstance, the member must notify the chair of the board, in writing, at least four (4) hours prior to the posted start of said meeting, so that efforts can be made to ensure a quorum will be physically present at such meeting location.
  1. Except in the case of executive sessions conducted pursuant to Public Officers Law §105, the public body shall ensure that members of the public body can be heard, seen, and identified while the meeting is being conducted, including, but not limited to, any motions, proposals, resolutions, and any other matter formally discussed or voted upon.  Thus, a member’s camera may not be turned off during the meeting.
  1. The minutes of the meeting shall include which, if any, members participated remotely, and shall be available to the public pursuant to Public Officers Law §106.
  1. The public notice for the meeting shall inform the public:
    1. that videoconferencing will be used;
    2. where the public can view and/or participate in such meeting;
    3. where required documents and records will be posted or available; and
    4. of the physical location for the meeting where the public can attend.
  1. Each meeting shall be recorded, and such recordings shall be posted or linked on the Town’s website within five business days following the meeting and shall remain available for a minimum of five (5) years thereafter.  Such recordings shall be transcribed upon request pursuant to the Freedom of Information Law.
  1. Members of the public shall have the opportunity to view the meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized.  Said videoconferencing must allow for the same public participation or testimony as in person participation or testimony.
  1. The public body shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines.  For purposes of this provision, “disability” shall have the meaning defined in Executive Law §292.  The Village Clerk in consultation with the Village Attorney shall ensure that any licenses entered into with vendors of virtual platforms offer services that meet these requirements.
  1.  In the event a state of disaster emergency is declared by either the Governor, County Executive or the Mayor pursuant to Executive Law §24, the in-person requirements of paragraph (1) above shall not apply if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.

AND BE IT FURTHER RESOLVED, that these procedures may be amended, and changed as needed, by resolution of the Board of Trustees; and be it further

RESOLVED, that these procedures shall be conspicuously posted on the Village’s website for as long as videoconferencing is utilized.

  • New Business

SCWA/GBCC proposed irrigation plan. SCWA is reaching out to GBCC about their irrigation plan and want to make sure that everything is done in a way that doesn’t impact the village.

(2) Special Event Parking requests (Sec 230-8)

Sam Ashner- special request for parking August 18th from 6-10pm. A motion to approve was made by Brandon and seconded by Brad. 4 votes in favor -1 recusal (Sam). Motion passed.

Ari Benacerraf- special request for parking July 16th 6:30 – 8:30. He anticipates most guests will park in his field. A motion to approve was made by Brandon and seconded by Karen. All Board members voted in favor.

(2) Tree Removal Applications:

27 Harbor Lane (Modica) – A motion to approve was made by Sam and seconded by Brad. All Board members voted in favor.

24 Locust Point Road (Cross)- A motion to approve was made by Sam and seconded by Brad. All Board members voted in favor.

Schedule Public Hearing for Local Law to extend moratorium on demolition- in anticipation of needing to extend the current moratorium to prevent a gap. Wayne explained the need for this. Based on Patrick Ahearn’s timeline, extension of the moratorium is needed.

Brandon had some comments regarding his hesitation to pass this law when it comes to a vote in light of the new law that was just passed regarding referring applications to the ARB. Wayne provided some clarification. The key is to give Mr. Ahearn enough time to give the BOT his recommendations. Brandon’s biggest concern about the moratorium is that the village is creating yet another hurdle for projects that he doesn’t think is necessary now that the ARB will be reviewing applications.

To Ari, it’s just a matter of time and extending the moratorium gives the board that. Wayne said the key is to schedule the public hearing, and the trustees will have another opportunity to discuss this topic then. They may receive initial recommendations from Patrick Ahearn by then.

A motion to schedule the following Public Hearing was moved by Brad and seconded by Sam. 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 August 13, 2022 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 extending the moratorium on the demolition of buildings and structures established under Local No. 1 of 2022 for an additional 180 days.”

Chris Johnson additional payment- Karen explained the need for this, considering the price of fuel has dramatically increased since Chris’ contract was signed. Ari asked how long Chris’ current contract is, which is a two year contract (2021-2023). Wayne said the village can always amend this contract. Karen broke down the numbers. The board asked Wayne if they could do this and he said yes. Brad commented that he thinks it’s the right thing to do. Brandon explained why he is uncomfortable with this and Ari echoed Brandon’s thoughts. They aren’t comfortable, as village officials, approving dollar value increase of contracts, especially when no formal request was made by Chris Johnson to do so.

A motion for the following resolution was moved by Brad and seconded by Sam. 4 votes in favor- 1 opposed (Brandon). Motion passed.

WHEREAS, the Village has retained Christian Johnson Tree and Turf Works, Inc. (the “Contractor”) for snowplowing, highway, lawn and landscape maintenance services for Village roads and properties since June, 2019 to perform the services described below; and

WHEREAS, the current contract for said services at an annual cost of $24,750.00 expires May 31, 2023; and

WHEREAS, due to increased fuel costs, the Board of Trustees wishes to modify and increase the compensation for the remainder of the term of the contract by approximately $187.50 per month for a total annual compensation in the amount of $27,000.00.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby authorizes the modification of the contract with Christian Johnson Tree and Turf Works, Inc. for snow plowing, highway, lawn and landscape maintenance services for Village roads and properties to increase the compensation for the remainder of the term of the contract by approximately $187.50 per month for a total annual compensation in the amount of $27,000.00.

  • Old Business

Ahearn Schedule/Process- update from Brad- Patrick is going to draft a suggested version of guidelines, which Brad expects to receive by the week by July 25th. Brad hopes by then, a small committee would have been formed, made up of around 3 members from the village community (Brad would be the Trustee liaison). The committee will have a month to review the document and make a list of suggested changes. Brad said they’ve structured it as an aggressive timeline so that the trustees have something to vote on by mid-Fall. He said the next step is getting a draft from Patrick Ahearn later this month.

Karen wants to make sure that they build into this process an opportunity for the public to comment at the Trustees meetings so people can actually talk about what is being proposed.

Karen asked if it would be too optimistic to think this could be discussed at the August meeting. Brad doesn’t think so if the committee is willing to forgo a full month to review the document before sharing it with the rest of the village. Her concern is that this kind of thing plays out for years and she doesn’t want to see that happen. Wayne commented that what’s key is that once they do get something, they’re prepared to  put it out to the public with adequate notice.

 

Ethics Training- choose a date. Wayne said the training would be about 1.5-2 hours. Sept 16th and 23rd around 10am was suggested. Wayne will reach out to Mr. Leventhal to see his availability.

 

  • Legal/Litigation Update- Wayne reported that the matter of the demolition violation has been resolved in the SI Town Justice Court. Guilty pleas from Tropin were submitted and accepted by the court.
  • A motion to go into Executive Session at 10:05 was made by Sam and seconded by Brandon. All Board members voted in favor.
  • The meeting resumed at 11:01am
  • Date for next regular Trustee’s meeting- August 13th, 2022
  • A motion to adjourn at 11:02am was made by Sam and seconded by Brad. All Board members voted in favor.

 

Category: Minutes