Village of Dering Harbor
November 10th, 2018, 9am
Betsy Morgan, Mayor and Trustees Ari Benacerraf, Clora Kelly, Karen Kelsey, Patrick Parcels and Wayne Bruyn (Village Attorney) Victoria Weslek (Village Clerk) Members of the public present: Susan Carey Dempsey, Bob Ruttenberg, Donna Ritzzmann, AnnBeth Eschbach
• Meeting called to order
Mayor Morgan called the meeting to order at 9:06am.
Betsy asked for motion to appoint Victoria Weslek as Village Clerk. Moved by Patrick and seconded by Clora. All Board members voted in favor. Vicki has committed to the position for a year. Former Clerk Kate Davidson helped with the transition so it was seamless.
• Approval of the minutes from the October 13th meeting
Motion made by Patrick and seconded by Ari to approve the minutes of the Board of Trustees meeting of October 13th, 2018. All board members voted in favor.
• Construction law update: revisions made based on October’s public hearing, take comments from audience and note continuation of public hearing for December 8th
Betsy asked for motion to open public hearing to hear comments on a Local Law Amending Local Law No. 4 Of 2016 Regulating Construction to Clarify the Definition of Construction Work. Clora made the motion and Patrick seconded with all Board members voting in favor. Betsy explained that the board listened to comments from last hearing and made changes to the construction law. Copies were printed and handed out for review. One comment incorporated: changing the name of law to include ongoing building maintenance and landscaping, not just construction. Wayne noted that changes reflect concerns regarding snow removal. It specifically does not included snowplowing, which can be done 24/7. Betsy read an email from Brandon Rose, in which he referred to noise restrictions. Wayne noted that the law does not specify decibel levels. It limits construction to certain days/times. Wayne also noted that Brandon may be referencing typical noise laws, but that his email comments do not relate to this law. Betsy will reply back to Brandon’s email. Wayne asked of there were additional comments. Bob Ruttenberg question: is leaf blowing and cutting grass prohibited? Wayne replied in the affirmative and clarified that the sensitive period is May 1st to Columbus Day. New law does not change this. It changes the definition of what the construction activity is prohibited. After no more questions. Ari moved and Clora seconded to close hearing on the current version of the amendment to the construction law. Motion made by and seconded by Clora with all Board members voting in favor to hold a public hearing on December 8, 2018 to hear amendment to Construction Law as follows. 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, December 8, 2018 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”
LOCAL LAW NO. ___ OF 2018
A LOCAL LAW amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Legislative Intent. For the purpose of protecting the safety and well-being of the resident of the Village of Dering Harbor, Local Law No. 4 of 2016 sets forth regulations governing the dates and times in which construction work can be undertaken. Construction work is defined as “any work done on a building for which a building permit or demolition permit has been issued . . .” The Village, however, has experienced activities involving work that does not require a building permit that have caused noise and other impacts negatively effecting the atmosphere and peace and tranquility of the Village during the times construction work is otherwise prohibited. It is the intent and purpose of this Local Law to relabel the local law and clarify the definition of construction work to include work and activities customarily associated with construction that may not require a building permit, including but not limited to any work of construction, erection, alteration, repair, addition to, excavating, grading, landscaping, hedge trimming, lawn maintenance and leaf blowing or other improvement of any realty, building or structure, which work and activities customarily produce noise or other sounds of such intensity or quality that it disturbs the peace and quiet of residents particularly during the weekends and summer season.
Section 2. Amendment. Section 1.1 (Title of Local Law) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
1.1 Title This Local Law shall be entitled “
Local Law No. 4 of 2016 of the Incorporated Village of Dering Harbor, a Local Law Adopting Regulations Regarding Permitted Construction, Property Maintenance and Landscaping in the Village of Dering Harbor.”
Section 3. Amendment. Section 1.2 (Enactment) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
1.2 Enactment Pursuant to Section 10 of the Municipal Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this Local Law
of 2016, a Local Law of the Village of Dering Harbor.
Section 4. Amendment. Section 1.4 (Findings) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
1.4 Findings The Board of Trustees of the Village of Dering Harbor determines and finds that it is in the best interests of the Village, its residents, property owners and guests, and of the preservation of good order and public safety in the Village of Dering Harbor to prohibit construction, property maintenance, landscaping and related activities during certain hours of the day and week during certain times of the season. The Village of Dering Harbor is an entirely residential Village with less than 40 residences, the large majority of which are used mostly on weekends and during the summer and at other times by residents seeking peace and quiet. The quiet and calm of the Village are special attributes that residents value and wish to maintain and enhance.
Section 5. Amendment. Section 2.0 (Definition) of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
2.0 Definition. Construction, property maintenance and landscaping work is defined
as any work done on a building for which a building permit or demolition permit has been issued until the work done under such permit has been completed any work of construction, erection, alteration, repair, addition to, excavating, grading, landscaping, hedge trimming, lawn maintenance and leaf blowing, or other improvement of any realty, building or structure. Construction, property maintenance and landscaping work does not include snow plowing, snow blowing or other snow removal activities.
Section 6. Amendment. The first paragraph of Section 2.1 of Local Law No. 4 of 2016 is hereby amended by deleting strikethrough words and adding underlined words as follows:
2.1 Construction, Property Maintenance and Landscaping During designated Times Prohibited.
It shall be and hereby is prohibited for any person or party to perform construction work or make deliveries for construction, property maintenance and landscaping work on any realty, building or structure
for which a building permit, demolition permit or similar municipal approval has been issued except as follows:
A. From May 1 until Columbus Day (Except Saturday, Sunday, Holidays and July 4 weekend as defined below):
Construction work, property maintenance and landscaping and deliveries for construction, property maintenance and landscaping work are permitted Monday – Thursday 8:00 a.m. – 6:00 p.m. and Friday 8:00 a.m. – 5:00 p.m. during this period.
All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are prohibited on Saturday during this period.
July 4th Weekend: When July 4 falls on a Tuesday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on July 3. When July 4 falls on a Thursday, construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on July 5.
B. From Columbus Day until May 1 (except Sunday, holidays and Thanksgiving weekend as defined below):
Construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping work are permitted Monday – Saturday: 8:00 a.m. – 6 p.m. during this period.
C. All construction, property maintenance and landscaping work and deliveries for construction, property maintenance and landscaping are prohibited on Sundays and the following holidays: Memorial Day, July 4, Labor Day, Columbus Day, Thanksgiving, Christmas and New Year’s Day.
D. The use of any music playing device such as a radio, cd player or phone during construction, property maintenance and landscaping work in a manner that the sound can be heard beyond the property line of the property being worked on is prohibited.
Section 7. Authority. The proposed local law is enacted pursuant to Village Law §4-412 and Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e) (3).
Section 8. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.
Section 9. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, December 8, 2018 at 9:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending Local Law No. 4 of 2016 regulating construction to clarify the definition of construction work to include property maintenance and landscaping.”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Tuesday, from 9:00 a.m. to 12:00 noon and Thursday 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK
• Old Business –
Patrick made the motion and Clora seconded to open the discussion on old business. All Board members voted in favor.
• Ways and Means
a) Invoices for review and approval- Betsy announced the village has a new bookkeeper (John Spatola from Nawrocki Smith) who is giving us advice on best practices and is going through our accounts on Quickbooks. He will preparing a Quickbook spreadsheet/report each month showing all bills paid along with the check numbers, so there will be little chance for human error. The Quickbooks-generated reports will be very thorough. While going over the bills Betsy mentioned the ad taken out for Richie’s retirement was quite dark and wondered if they should ask for a partial refund/credit. Susan from the paper did agree that everyone was disappointed with how ad came out. Though Betsy did mention that the Shelter Island Reporter has been supportive, with published photo of street sign. Will pay invoice but said she was going to inquire. Betsy also asked that the check for Ocean Electric be held. Patrick confirmed that village will be wired funds from EFC for approx $140,000, after which time check can be released to Ocean Electric. Also hold onto check for East End Computer until Betsy speaks to them to see why we were charged for so much time.
b) Bob Ruttenberg (treasurer) has been added as signer to the BNB bank account.
c) Discussion about conferring with John Spatola. Betsy suggested forming a special committee (committee of 2 suggested by Wayne) to talk with John about our fiscal questions/issues. Patrick suggested the committee be Ari and Karen. Objective is for
Karen and Ari to touch base with John, either by phone are in person. Betsy’s main concerns- 1099s and any checks that appeared in Quickbooks that can’t be reconciled with the bank. Financial management is primary. Patrick expressed that it’s about financial reporting. Ari clarified Karen’s point, which is how finances will be managed moving forward. Betsy’s main concern is that we do this properly on our watch.
d) Betsy asked for a motion to approve payment of invoices. Ari moved and Karen seconded with all Board members voting in favor.
e) State audit status- Patrick reported that he and Karen met with Vincent Alessi and Ashley Balistreri. They went over the “Risk Assessment” component of the audit. Patrick read from an email dated November 8th, 2018 he wrote after their meeting. Vicki asked for a copy, which is attached to the minutes. Patrick confirmed that they will audit 7 of 11 components (listed in email) more if they discover something related to the additional components. He also explained that there are 3 audit objectives: to determine whether the board is providing appropriate oversight, determining the accuracy of payroll and other cash disbursements, and examining the financial condition of the village. (More explanation in email). Betsy asked if there were any questions. She expressed that the audit is very helpful.
f) Workers comp audit status – new bookkeeper had rescheduled this audit that was supposed to happen the day before meeting. Will be held at his office at Nawrocki Smith. Also, Betsy has a call into Salerno about correspondence with them. She is wondering why there are two policies- one through Salerno and one through NYS. She is concerned about double paying.
• Facilities update from Patrick:
a) Water update – new water tank is up and running. The old tank is draining and being removed in 3 weeks. Meeting was scheduled for Thursday with SCWA to work on long-term agreement. Betsy wondered about leaking and possible relationship with excessive consumption- maybe the old water tank is responsible for this? There will be more to discuss about the long term agreement in the coming months. Patrick wants to have an agreement in place by December 15, 2018 before next payment is due to them.
b) Christian Johnson Tree and Turf Works, Inc. has replaced Richard Surozenski in maintaining our grounds and roads maintenance. His company will also be responsible for plowing side roads. Patrick remarked that the Village is getting much improved services with professional crews who can be more responsive with major equipment. Patrick has made a formal proposal to town for snow removal of major Village roads. Patrick and Rob Ferris have been working on said proposal for a year. A formal proposal was sent to the town two weeks prior to the meeting. Supervisor Gerth has advised that the agreement would be acceptable subject to Town Board approval. The new proposal will mean cutting cost from $16,000 to much less.
c) Oil tank for Village Hall – Using J.W. Piccozzi Inc now. Village needs a new oil tank. Patrick has had contractors look at the tank- it is in desperate disrepair. Needs to be replaced. Considering steel tank vs. double wall based on setback requirements. Contractor will donate a double-wall tank to the village, which will be done by December. Wayne advised the Board to obtain a written proposal. Patrick said he will obtain it.
d) Surplus Property – The Board discussed the status of the Village truck and various small equipment. With the Village now in contract with Christian Johnson Tree and Turfworks, some equipment will not be needed anymore: truck, chainsaw, hedge trimmer, etc. Christian Johnson is fixing some of the Village equipment that is in disrepair. Patrick’s suggestion is to also sell the truck- no longer needed. Clora made motion and Karen seconded with all board members in favor. Clora wrote up language and was putting an ad in paper.
RESOLVED by the Board of Trustees of The Village of Dering Harbor to declare a 2006 Chevrolet 3500 HD Truck surplus. The truck has 24K Miles and 4 Wheel Drive, Stake side Dump Bed and an 8’6” Snow Plough. We reserve the right not to sell the truck if minimum reserve price not met; and
BE IT FURTHER RESOLVED that a notice to bidders will be placed in the newspaper of record, The Shelter Island Reporter, to request sealed bids by 6pm on the 29 November, 2018.
Notice To Bidders – Truck For Sale
2006 Chevrolet 3500 HD, 24K Miles, 4 Wheel Drive,Stake side Dump Bed, 8’6” Snow Plough. We reserve the right not to sell the truck if minimum reserve price not met. For details and to inspect please contact email@example.com or 631.749.0020 Sealed bids to be submitted by 6pm on the 29th November 2018
• Codification program for laws contract overview- The Board noted that the Village laws have never been codified and presented in one accessible document or location. Karen and Wayne solicited a proposal from General Code, a nationally renowned company that specializes and provides codification services. The proposal dated October 1, 2018 was presented by Karen. The process and payment spread over two years. Resolution authorizing the Mayor to enter into contract with General Code, LLC to provide codification services of the Village Laws as per proposal dated October 1, 2018, at a cost not to exceed $10,600. Patrick moved and Clora seconded. All Board members voted in favor.
• Sexual Harassment policy- All New York employers have to adopt a Sexual Harassment Policy consistent with state policy. Village didn’t have a previous policy. A policy has been drafted from the model policy that state provided, which needs to be adopted and related training provided for all employees and officers by October, 2019. Ari asked if there is an online course. Wayne will investigate NYCOM and SCOVA. Betsy asked Vicki to send policy all officers and employees of the Village. Betsy asked board to accept Sexual Harassment Policy, dated October 13, 2018. Ari made motion and Clora seconded. All Board members voted in favor.
• Update on 3 code revisions from October’s meeting—The Village has received notice that the three local laws adopted in October have been filed with the state
• Dates for Trustees’ Meetings; work times for Village Clerk, new check list for meetings
a) Betsy wanted to clarify that the board meetings will continue to be held on the 2nd Saturday of each month at 9am, with the exception of February. Betsy asked to pass resolution on this matter. Patrick made motion and Karen seconded. All Board members voted in favor.
b) There was a discussion about when elections should be held. Village elections can be in March or June. Considering budget schedule, there was talk of holding elections in March. Karen initiated discussion about moving Election Day from Tuesday to Saturday, given that is when Village residents are here. Wayne is looking into whether day of voting can be changed. Will report at next meeting. Most Trustees don’t want an election in March.
c) Work times for Village clerk will stay the same days (Tues and Thurs), time changes to 9am-1pm, every Board meeting, additionally last Saturday of every month (9-11am)
• Update on Town record management workshop- Betsy announced that Vicki attended a town-sponsored workshop put on by NYS Archives. She said the village is coordinating more with the town. The Vicki shared her takeaways from the workshop: Important to develop good electronic systems for records management; retention schedules are important to be aware if regarding how long to keep records; the clerk is the Records Management Officer (RFO); a .pdf is not a legally acceptable format- needs to be a .pdfA or .TIF; a policy and procedures document is an important thing to have. Vicki will meet with town to review their policy on records management and will work on updating village policy. Betsy requested there be a policy to adopt by January’s meeting. Wayne suggested looking at what we have and organizing it. Patrick thinks auditors will tell us what we need. Betsy doesn’t want to waste any time yet getting a binder started and gathering up a policy.
• ZBA meeting for October 27th postponed- notice sent by email. Bob Ruttenberg noted meeting had been cancelled 3 times. Asked what it is about. Wayne explained it is regarding Tim Hogue’s request to appeal the Building Inspector’s notice of violation. Chairman Walker had scheduled the meeting, but Mr. Hogue’s attorney was in the hospital and could not make meeting, so meeting was asked to be rescheduled. The ZBA chair needs to contact board members about rescheduling the meeting.
• Motion to go into Executive Session to discuss litigation and personnel matters. Betsy moved to go into executive session. Ari made motion and Patrick seconded at 10:34am. The Board returned at 11:28 a.m.
• Date for Next Meeting – Saturday, December 10, 2018 at 9:00 a.m.
Motion to Adjourn- Patrick made motion and Karen seconded at 11:29 a.m. All Board members voted in favor.