Minutes – October 15, 2016

MINUTES
VILLAGE OF DERING HARBOR
BOARD OF TRUSTEES MEETING
October 15, 2016

Prepared by Deputy Mayor Heather E.G. Brownlie, Esq.

In Attendance:     Mayor Timothy M. Hogue;
Trustees: Heather E.G. Brownlie, Esq.;
John Colby, Kirk Ressler, Esq. and Richard Smith.
Village Residents: Marian Brownlie, Esther Hunt, Martha Baker,          Eric Deutsch, Stephanie Deutsch, Brad Goldfarb, Alfredo Paredes,
Rob Ferris, Karen Kelsey, Ken Walker, Ari Benecerraf,
Margarita Benecerraf, and Clora Kelly.
Also Present:     Julia Brennan for the Shelter Island Reporter.

I.    Mayor Hogue opened the Trustees meeting at 10:05 a.m.

II.    Mayor Hogue opened the Public Hearing for comment on draft legislation regarding     Construction Hours in the Village of Dering Harbor.

A. Public Comment on draft legislation to revise Construction Hours Local Law
1. Discussion of enforcement and decibel meter and calling the police
2. Discussion of contractors playing music while working

B. Motion to close the Public Hearing on the Construction Law made by John Colby     with a second by Kirk Ressler. Motion carried unanimously.

III.    Mayor Hogue opened the Public Hearing for comment on draft legislation regarding     Regulating Noise in the Village of Dering Harbor.

A. Public Comment on draft legislation to regulate noise
1. Discussion of Saturday Hours from 9am ? 1pm
2. Whether to distinguish homeowners maintaining property versus contractors
3. Provision needed for post-storm clean-up situations or other emergencies
4. Discussion of the definition of Noise ? Section 2.1 is very broad
5. Discussion of Remedies ? up to a $10,000 fine ? court would impose penalty
6. Discussion of Enforcement ? need to call Shelter Island Police Department

B. Motion to close the Public Hearing on the Construction Law made by Richard     Smith with a second by Heather Brownlie. Motion carried unanimously.

IV.    Review of the Minutes from the September 17, 2016 Meeting.

A. Motion to approve the Minutes from September 17, 2016 made by          John Colby with a second by Kirk Ressler. Motion carried unanimously.

V.    Review of the Bills from September 2016
A.    Tree work done on Locust Point Rd?discussion of dead tree on Dering Woods Lane
B.    Motion by Richard Smith with a second by Heather Brownlie to approve the September 2016 bills. Motion carried unanimously.

VI.    NEW BUSINESS

A. Construction Hours Legislation
1. Mayor Hogue read a resolution regarding SEQRA and the Village adopted Lead Agency Status and determined that the adoption of the local law was an unlisted action and that the adoption of the law would not have a negative impact on the environment and that the Village was adopting a negative declaration for the purposes made of SEQRA. Motion to approve made by John Colby with a second by Heather Brownlie. Motion carried unanimously.
2. Motion to approve the Construction Hours Legislation made by Kirk Ressler with a second by Heather Brownlie. Motion carried unanimously.
B. Noise Legislation
1. The Mayor and Trustees agreed this would be scheduled for a Public Hearing at the next meeting on November 19, 2016.
2. Motion to schedule a Public Hearing on the Noise Ordinance for  November 19, 2016 made by Richard Smith with a second by Heather Brownlie.  Motion carried unanimously.
C. Water Tank Progress Update
1. Taste issue with the water from Well #2 ? laboratory tests all came back fine
2. Issue with Well #2 may be a calibration issue with the additives mixed in
3. Need generator to be obtained along with new Water Tank
4. Village issued a grant from NY State along with a 30-year interest free loan
5. Next step will be going out to bid to collect actual cost estimates
D. Hedge Report Update
1. Mr. Ressler provided an update of the meetings held and items discussed
2. On October 14, 2016 a draft was circulated with several recommendations
3. Issues with safety of hedges at corners and too close to the edge of pavement
4. Seeking voluntary implementation in the Spring from residents
5. If there any additional comments please submit directly to Mr. Ressler
E. Deer Issue
1. More deer in the Village of Dering Harbor than in previous years
2. Nuisance Permits may be issued by the Town for Bow and Arrow hunting
3. No Hunting signs needed on the more populated end of Manhanset Road
F. Correspondence Received
1. Mayor Hogue recused himself from the proceedings and turned the meeting      over to the Deputy Mayor to review two letters received by the Village.
2. The Deputy Mayor, Heather Brownlie, read two letters into the record:
a) Letter from Brandon and Susannah Rose dated 10/08/2016
b) Letter from Tim Hogue dated 10/13/2016
3. The Trustees discussed whether any violation existed and determined none did
4. Various residents voiced their opinions as well and agreed the trees were not a living fence and commended the Hogues on their choice of plantings.
5. Individual owners have a right to plant individual trees-it is a choice of aesthetics.

VII. Date for next meeting set for November 19, 2016 at 10:00 a.m.

VIII. Motion to adjourn the Trustees Meeting made by Richard Smith with a second by John Colby. Motion carried unanimously.

Meeting adjourned at 11:52 a.m.