Village of Dering Harbor
Trustees’ Meeting Minutes
July 13th, 2019, 9am
• Attendance- Betsy Morgan, Mayor, and Trustees Karen Kelsey, Patrick Parcells, Clora Kelly, Ari Benacerraf; Wayne Bruyn (Village Attorney), Victoria Weslek (Village Clerk & Treasurer); Members of the public present- Donna Ritzmann (Flynn Reporting), Stephanie Deutsch, Ken Walker, Susan Carey (SI Reporter), Alfredo Paredes, Brad Goldfarb
• Meeting was called to order at 9:07am
• Village Election Results: Betsy announced that Ari Benacerraf, Trustee and Clora Kelly, Trustee won re-election (both two-year terms ending in 6/2021). They each garnered 33 out of 37 total votes. Also, the proposition to move the voting day to the Friday of Memorial Day Weekend passed with 33 voting for, 3 against, and 1 blank. So election day for the Village in 2020 will be Friday, May 22nd.
• Both Ari and Clora were sworn in by Vicki Weslek
• A motion to accept the minutes of the June 8th meeting was made by Patrick and seconded by Clora. All Board members voted in favor.
• Organizational resolutions/appointments:
A. Mayor Morgan appointed Karen Kellsey as Deputy Mayor.
B. Resolution for the appointment of Village officers and officials as follows:
A motion to appoint Vicki Weslek as Village Clerk, Treasurer, and Records Access Officer was moved by Patrick and seconded by Karen. All Board members voted in favor.
A motion to appoint Wayne Bruyn, Esq. as village attorney was moved by Karen and seconded by Clora. All Board members voted in favor.
A motion to appoint SCWA as Commissioner of the Water Department and enter an Interim management agreement with SCWA was moved by Karen and seconded by Clora. All Board members voted in favor.
A motion to appoint Arthur Bloom as Village Fire Marshall and Code Enforcement Officer was moved by Patrick and seconded by Clora. All Board members voted in favor.
A motion to appoint Clora Kelly as Village Waterways Commissioner was moved by Ari and seconded by Patrick. All Board members voted in favor.
A motion to appoint Village Clerk Vicki Weslek as Agent for Mailing Notice of Claim was moved by Karen and seconded by Clora. All Board members voted in favor.
A motion to appoint Nawrocki Smith LLP as Village Auditors was moved by Patrick and seconded by Clora. All Board members voted in favor.
A motion to appoint East End Accounting Services Corp. as the village accountant and bookkeeper was moved by Ari and seconded by Clora. All Board members voted in favor.
A motion to appoint George Butts as Building Inspector was moved by Clora and seconded by Patrick. All Board members voted in favor.
C. A motion for a resolution determining the cost of bonding Village Officers to be a Village expense was moved by Patrick and seconded by Karen. All Board members voted in favor.
D. A motion for a resolution waiving requirement for the Mayor and Trustees to post an undertaking was moved by Karen and seconded by Patrick. All Board members voted in favor.
E. A motion for a resolution designating Bridgehampton National Bank as the official Village bank was moved by Patrick and seconded by Clora. All Board members voted in favor.
F. A motion for a resolution designating the Shelter Island Reporter as the official Village newspaper was moved by Patrick and seconded by Clora. All Board members voted in favor.
G. A motion for a resolution setting dates and times of regular monthly meetings and adopting the rules of the open meetings law: the 2nd Saturday of every month: (8/10, 9/14, 10/12, 11/9, 12/14, 1/11, 2/8, 3/14, 4/11, 5/9, 6/13) at 9am, was moved by Karen and seconded by Ari. All Board members voted in favor.
H. A motion for a resolution establishing procedures for the setting and notification of a special meeting was moved by Patrick and seconded by Karen. All Board members voted in favor.
I. A motion for a resolution adopting Roberts Rules of Order as the official procedure of the Board was moved by Ari and seconded by Karen. All Board members voted in favor.
J. A motion for a resolution adopting the Village investment policy was moved by Ari and seconded by Patrick. All Board members voted in favor.
K. A motion for a resolution adopting the Village procurement policy was moved by Ari and seconded by Clora. All Board members voted in favor.
L. A motion for a resolution authorizing payment of certain claims prior to audit was moved by Patrick and seconded by Ari. All Board members voted in favor.
M. A motion for a resolution setting the Date of the 2020 organizational meeting to be July 11th, 2020 was moved by Ari and seconded by Patrick. All Board members voted in favor.
N. A motion to appoint Meredith Jenkins as Chair of the ZBA for a one-year term was moved by Karen and seconded by Patrick. All Board members voted in favor.
O. A motion to appoint Mickey Kostow as Chair of ARB for a one-year term was moved by Patrick and seconded by Karen. All Board members voted in favor
P. A motion to appoint Alex Jackson as ZBA member for a five-year term was moved by Patrick and seconded by Clora. All Board members voted in favor.
Q. A motion to appoint Bob Ruttenberg to the Planning Board for a five-year term was moved by Patrick and seconded by Clora. All Board members voted in favor.
R. A motion to appoint Bob Ruttenberg as Chair of the Planning Board for a one-year term was moved by Ari and seconded by Clora. All Board members voted in favor.
S. A motion to reappoint Bridgford Hunt and Susannah Rose as ARB members for a 3-year term was moved by Patrick and seconded by Clora. All Board members voted in favor.
• A motion was made to open the Public Hearing to hear any and all persons either for or against a local law entitled: “Local Law amending §8-800 of the zoning law with respect to the organization of the board of appeals, training and appointment of alternate members.”
Wayne explained the reasoning behind amending this law. It acknowledges that the members of the ZBA must complete requisite training, which can be accessed online webinars as well as in-person seminars.
The board has yet to hear from SCPC on the proposed amendment.
A motion to keep the public hearing open for all purposes and adjourned until the August 10th Trustees meeting was moved by Karen and seconded by Clora. All board members voted in favor.
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, August 10, 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 §8-800 of the zoning law with respect to the organization of the board of appeals, training and appointment of alternate members.”
LOCAL LAW NO. ___ OF 2019
A LOCAL LAW amending §8-800 of the zoning law with respect to the organization of the board of appeals, training and appointment of alternate members.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Amendment. Section §8-800 is hereby amended by adding underlined words as follows:
Section 8-800; Board of Appeals
The Village Board of Trustees hereby creates and authorizes the appointment of members to a board of appeals consisting of five members pursuant to the provisions of section one hundred seventy nine 7-712 of the New York State Village Law.
A. The Board of Trustees shall designate the Chairperson of the Board of Appeals. Such designation shall be for one official year of the Village and shall expire at the end of each official year. During the absence, disability or disqualification of the Chairperson, the Vice-Chairperson elected by the Board of Appeals shall perform all the duties, exercise the powers and be subject to all of the responsibilities of the Chairperson. The designation of Chairperson may be withdrawn at the pleasure of the Village Board. The duties of the Chairperson shall be as follows:
(1) To preside at all meetings.
(2) To postpone meetings due to inclement weather and to call special meetings.
(3) To sign, together with the administrative support personnel of the Village Clerk or Building Inspector, all official documents of the Board of Appeals.
(4) To see that all reports, documents, and actions of the Board of Appeals are properly made, executed, filed or taken, as the case may be, in accordance with law and regulations of the Board of Appeals.
(5) To serve as liaison the Village Board of Trustees and other Village boards.
B. Training. All members of the Board of Appeals, including alternate members, shall be required to meet the training and continuing education requirements as established by law and the Board of Trustees.
C. Alternate Members. For the purposes of substituting for a member of the Board of Appeals in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable due to a long term absence, disability or disqualification, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment. Any designation of an alternate member in replacement of a member on a particular case because of a conflict of interest or unavailability due to a long term absence, disability or disqualification shall be made by the Chairperson of the Board of Appeals and shall be entered in the minutes.
Section 2. 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 3. 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 4. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
• A motion to open the Public Hearing to hear any and all persons either for or against a local law entitled: “Local Law amending Article X of the Zoning Law to add a new §10-105 with respect to the Chairperson of the Board of Architectural Review, training and appointment of alternate members” was made by Patrick and seconded by Karen. All board members voted in favor.
Wayne explained that this amendment makes it a requirement that ARB members get training and that if they do not get training, that could be grounds for dismissal by Trustees. He clarified that the state law covers this issue.
Karen suggested and Wayne confirmed that would it be advisable to list courses available and for the village to cover the cost of training?
Clora asks if this might be burdensome and wondered if it should be recommended rather than mandated. Wayne explained that it’s as basic as training people on how to run a meeting.
Patrick asked the current ARB members in attendance to weigh in. Stephanie Deutsch asked Wayne if this training would give the board more teeth. Wayne explained that it would simply give the board members more information.
Alfredo stated he has no problem doing it as long as everyone on the board does it.
A motion to keep this public hearing open for all purposes and adjourned until the August 10th Trustees meeting was moved by Karen and seconded by Patrick. All board members voted in favor.
Old Business
• Ways and Means
A.Treasurer’s Report prepared by East End Accounting Services. Patrick gave an updated about working with the village’s new accountant, Charlene Kaegel, to streamline the process of presenting monthly reports at each meeting and passing resolutions when money needs to be moved between accounts. He also explained how the village paid Nawrocki a lot of money to do the audits and bookkeeping in the past and that it doesn’t make sense to pay Charlene and Nawrocki to do the same job. He suggested asking Nawrocki to come back and clean up their mess. Nawrocki agreed to do this year’s audit and agreed to an earlier timeline than they have done village audits in the past.
Bank reconciliation was not prepared in time for this meeting.
B. A motion to pass a resolution to approve the monthly abstract (bills to be paid) was moved by Patrick and seconded by Clora. All Board members voted in favor.
C. A motion to pass a resolution to pay Ocean Electric from the Water Tank Reserve Fund in the amount of $1,575.00 was moved by Karen and seconded Ari. All Board members voted in favor.
RESOLVED, that the Board of Trustees of the Village of Dering Harbor, hereby accepts the change order proposal of Ocean Electric, dated February 18, 2019, in the amount of $1,575.00 for galvanized conduits to be mounted on the water tower.
D. A motion to pass a resolution to pay Walt Whitman for installing the fence from the Water Tank Reserve Fund in the amount of $4,090.00 was moved by Karen and seconded Clora. All Board members voted in favor.
RESOLVED, that the Board of Trustees of the Village of Dering Harbor, hereby accepts the proposal of Walt Whitman Fence Company, dated April 3, 2019, in the amount of $8,030.00 for the installation of chain link fence surrounding the Village water tower.
E. Two resolutions related to the budget were read as follows:
The first resolution was moved by Karen and seconded by Betsy. All Board members voted in favor.
WHEREAS, three expense line items in the May 31, 2020 Adopted Budget require adjustments reducing the expense, now therefore be it,
RESOLVED that the 5/31/2020 Budget be amended as follows:
DECREASE EXPENSE:
A1620.47 Village Hall Repairs $7,150
A1420.45 Litigation $5,000
A8350.40 Repairs Water Dept $10,000
The second resolution was moved by Karen and seconded by Clora. All Board members voted in favor.
WHEREAS, The Village had received revenue from NYS for Foreign Fire Insurance, and Funds from the NYS Dept of Transportation for highway improvement purposes in Fiscal Year 5/31/2018, which had not been included in the 5/2019 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 5/31/2019 Budget be amended as follows:
INCREASE REVENUE:
A3090 NYS Dept of Tax – Foreign Fire Premium $35,476.05
A3089 State Aide, CHIPS Program $25,075.16
INCREASE EXPENSE:
A3410.4 Fire Safety Contractual Exp $35,476.05
A 5112.20 Road Improvement – Paving $25,075.16
F. A resolution on creating a Petty Cash Fund was moved by Karen and seconded by Clora. All Board members voted in favor.
WHEREAS, The Village board would like to Establish an Imprest Petty Cash Fund in the name of the Village Clerk/Treasurer, Vicki Weslek, in the amount of $500 to be used for small Villages expenses, now therefore be it,
RESOLVED, an Imprest Petty Cash Fund is established in the name of the custodian, Vicki Weslek, Village Clerk/Treasurer.
G. Update on taxes received: Vicki reported that village has received all but 3 tax payments.
• Water Works Report from Patrick- All of the water meters have now been installed. Each home will need to be inspected to make sure their irrigation system is not connected to the village water system. In terms of usage, Patrick asked SWCA to help the village rationalize water usage. Jan-April: water usage was higher than previous years. May onwards: water usage is down, which is a good thing. All meters have been indexed from this point forward. SCWA can report more accurately about water usage and has been asked to monitor the new meters weekly for the first 6 weeks to detect any leaks that might be present. He also reiterated that village water is not to be used for irrigation or filling pools.
Additionally, Chloride levels in the tank have dropped dramatically. They have gone from in excess of 1800 to now 36ppm. The water system was still working properly after busy Memorial weekend (higher than normal volume) and is expected to continue to do so.
• Update on waterways issues from Clora.
A motion to open public hearing on law amending surface navigation was moved by Ari and seconded by Clora. All Board members voted in favor.
The village is in talks with town of SI and both parties agree that it makes sense that the village and town be on the same page on clarifying the law so that enforcement is easier. Stephanie Deutsch thanked the board because the harbor is the village’s most valuable resource
A motion to keep this public hearing open for all purposes and adjourned until the September 14th Trustees meeting was moved by Patrick and seconded by Karen. All board members voted in favor.
A resolution to engage the online mooring was moved by Karen and seconded by Patrick. All Board members voted in favor.
BE IT RESOLVED by the Board of Trustees of The Village of Dering Harbor to engage Onlinemooring.com to map the mooring field in the waters under the jurisdiction of The Village of Dering Harbor and to manage mooring permits with the village of Dering Harbor for $450 for one year beginning July 13 2019. Invoice to be enclosed.
• An update from Clora about the working group for ARB about an upcoming meeting next on Wednesday at 2pm in Village Hall.
• Status of Litigation and FOIL requests – Wayne gave an update on 3 pending cases, 2 of which were challenging the fence law. One was dismissed and appeal has been filed. The other is a challenge to the local law. The village has prepared a motion to continue.The last was a challenge to the title related to the Goldfarb-Paredes and Baker properties. As far as the village is concerned, it was found that the village was claiming no interest to the properties in question and that part was dismissed. There is still ongoing issues with that and the plaintiffs are continuing to pursue the claim. The village is waiting for the plaintiffs to do all the proper noticing. Currently there is nothing for the village to do.
Wayne noted that Vicki, as the village clerk, is attempting to fulfill all of the FOIL requests as they come in, in the time she has. He noted that they are large in volume and broad in nature.
• A motion to pass a resolution to pay student intern Jasper Yang for part time work at the hourly rate of $15 was moved by Patrick and seconded by Clora. All board members voted in favor.
• The renewal of Tree and Turf Works, Inc. Contract was signed and notarized.
Jim Goldman asked about the details of the contract. Patrick explained them. Mr. Goldman suggested making Christian Johnson a list of all of his responsibilities. Clora let Mr. Goldman know that she had prepared a list like that last year when the village put out the RFP.
New Business
• Betsy thanked Alfredo Paredes for helping beautify village hall with newly framed vintage artwork.
• Ceiling of back bathroom off executive board room has collapsed from an undetected leak. Is considered an emergency repair (along with toilet in other bathroom) and both will be repaired as soon as possible.
• Ken Walker had a question about who pays for fulfilling FOIL requests. Wayne explained that village taxpayers pay for it. Though the cost to reproduce documents is charged and paid by the person who makes the request.
• Stephanie Deutsch asked if there are any plans for painting the exterior of village hall and improving the walkway. Betsy assured her that the village will continue the work of fixing up village that started last year. However, emergency repairs need to happen first.
• Brad Goldfarb asked if there is any point at which the village can say enough with FOIL requests and recognize it as harassment. Wayne spoke up to remind everyone that this is the function of government and that the village has an obligation to fulfill requests as they come in.
• Betsy made a motion to go into Executive Session to discuss litigation and personnel matters at 10:20am.
• Betsy called meeting back to order at 12:38pm.
• Patrick moved and Clora seconded for a resolution for a public hearing on August 10th regarding the villages water supply and use. All Board members voted in favor.
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, August 10, 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 §2.11 of Local Law No. 1 of 1989 (Waterworks) to clarify the limitations of the use of village water to human consumption and sanitary purposes.”
LOCAL LAW NO. ___ OF 2019
A LOCAL LAW amending §2.11 of Local Law No. 1 of 1989 (Waterworks) to clarify the limitations of the use of village water to human consumption and sanitary purposes.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. Pursuant to the provisions of Article 11 of the New York State Village Law and Local Law No. 1 of 1989, the Board of Trustees, as Commissioners of the Village of Dering Harbor Water District, manage, maintain and operate a water distribution system for the benefit of the residents of the Village of Dering Harbor. In the legislative intent of Local Law No. 1 of 2007 it was found that the use of the Village’s water supply for the purpose of watering lawns, landscaping and other exterior uses will have a significant negative impact on the quality and quantity of the public water supply and therefore prohibited the use of the Village water distribution system and cross connections for sprinkler and irrigation systems. More recently the Village has been experiencing water quality issues with its water supply due to excessive volumes of water being pumped from its wells. Due to deteriorated water conditions, the Board of Trustees by resolution dated May 12, 2018, adopted interim rules prohibiting the use of the Village water supply for the purpose of filling of swimming pools and lawn irrigation. To further address these issues the Village installed a new water storage tank and is considering upgrades of water supply wells to improve the distribution of water to residents. The Village also engaged the Suffolk County Water Authority (“SCWA”) on an interim basis to provide operational, management and consulting services to the Water District, including the daily water quality testing and reporting by a licensed Water Plant Operator. Also new water meters were installed to assist in the management of the volume of water being used by residents. The SCWA reported that in some instances properties maintain multiple connections or cross-connections that supply water to a sprinkler or irrigation system for the watering of lawns and landscaping.
Pursuant to §2.2 of Local Law No. 1 of 1989, “no person or other entity shall utilize water for any purpose without having first obtained the permission of the Dering Harbor Water District, and such other County, State and Federal approvals as may pertain.” Section §2.11 of Local Law No. 1 of 1989 provides that the “Village of Dering Harbor reserves the right to limit the use of water to human consumption and sanitary purposes” and prohibits the installation of private wells for such purposes. Pursuant to the provisions of Article 11 of the New York State Village Law, the Board of Trustees may adopt such rules and regulations reasonably related to the conservation of the Village’s water supply and to suspend and terminate water service to a consumer on account of improper use. The Board of Trustees find that to protect the health, safety and welfare of the Village residents, and to conserve the water supply of the Village, it is necessary to adopt rules and regulations to terminate any and all multiple connections or cross-connections, and connections to the Village water supply distribution system to a sprinkler or irrigation system for the watering of lawns and landscaping. It is also intended to provide for a procedure for notice and disconnection of such connections and to prohibit the use of the Village water supply distribution system for the filling of swimming pools.
Section 2. Amendment. Section 2.11 of Local Law No. 1 of 1989 (Waterworks) is hereby amended by deleting strikethrough words and adding underlined words as follows:
2.11. Right to limit water use; private wells prohibited
The Village of Dering Harbor reserves the right to limit the use of water to human consumption and sanitary purposes. Therefore, all new private wells for human consumption and sanitary purposes are prohibited and all new required water will be applied by the Village Waterworks. The following limitations and regulations on the use of the village water supply shall hereafter apply to all properties and residents in the Village of Dering Harbor:
(a) The use of the Village water supply distribution system for the filling of swimming pools is prohibited.
(b) The use of the Village’s water supply for the purpose of watering lawns, landscaping and other exterior uses is prohibited and all existing connections and/or and cross connections between the Village water supply distribution system and a sprinkler and irrigation system shall hereafter be disconnected.
(c) Notice to terminate and disconnect. Upon ascertaining that a connection and/or and cross connection exists between the Village water supply distribution system and a sprinkler or irrigation system, the Village, its agents, successors and/or assigns, shall provide written notice to the landowner maintaining such a connection advising of the rules and regulations set forth in this local law and that said connection or cross-connection shall be disconnected within twenty (20) days of the date of the notice. Such notice shall also advise the landowner that any sprinkler or irrigation system on the premises shall be connected to a private well in accordance with the provisions of Local Law No. 1 of 2007. The written notice shall be sent by registered or certified mail at the address last set on the assessment records. The Village, its agents, successors and/or assigns, shall have the authority to provide a reasonable extension of time to allow the landowner to make necessary connections of the sprinkler or irrigation system to a well.
(d) Right to Inspect. Pursuant to the provisions §11-1112 of the New York State Village Law and the authority set forth herein, the Village of Dering Harbor, its successors and assigns, shall have the right to the inspect and enter a building upon the premises where there is a supply pipe or pipes, and make necessary examinations or repairs. The Village, its agents, successors and/or assigns, shall provide reasonable notice, in writing, to the landowner. In the event, the landowner fails to cooperate and provide access to the premises for said inspection, then upon written notice to the landowner by registered or certified mail at the address last set on the assessment records, the Village, its agents, successors and/or assigns, upon authorization of the Board of Trustees, may suspend water service to the landowner. Such suspension may be lifted by the Village, its agents, successors and/or assigns, if and when they have obtained access to the premises.
Section 3. Authority. The proposed local law is enacted pursuant to Article 11 of the New York State Village Law, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), 10(2) and 10(4).
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 on Saturday, August 10, 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 §2.11 of Local Law No. 1 of 1989 (Waterworks) to clarify the limitations of the use of village water to human consumption and sanitary purposes.”
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
• Date for Next Meeting – Saturday, 10th of August 2019 at 9:00 a.m.
• Ari made a motion and Clora seconded to adjourn the meeting at 12:40pm. All Board members voted in favor.