Village of Dering Harbor
Trustees’ Meeting Minutes
September 14^th, 2019, 9:00am 

• Attendance- Betsy Morgan, Mayor, and Trustees Karen Kelsey, Patrick Parcells, Clora Kelly, Ari Benacerraf; Wayne Bruyn (Village Attorney), Victoria Weslek (Village Clerk & Treasurer); Carissa Ahearn (stenographer), Ebeth Lones (SI Reporter), Kirk Ressler, Martha Baker, Mary Walker, Eric Deutsch, Ken Walker, Annbeth Eschbach, Rob Ferris

• Meeting was called to order at 9:06am.

• Patrick moved and Clora seconded to approve the minutes of the August 10^th Trustees meeting. All Board members voted in favor.

• 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.” was continued.

Wayne explained this is a long-standing state statute. He explained the intent and that it is especially appropriate for a small village such as VDH, where conflicts of interest and hurdles to meet a quorum are more likely to arise.  A letter dated August 13th from the Suffolk County Planning Commission stated that it is a matter of local determination. Patrick remarked that this amendment gives the chairperson of the ZBA another tool in their toolbox and allows for continuity in the event that conflicts arise. Clora remarked that it improves governance and ethics. A motion to close the hearing was moved by Patrick and seconded by Ari.  All Board members voted in favor.

A motion for adoption of the local law and authorization to publish a notice of adoption was moved by Karen and seconded by Patrick. All Board members voted in favor.

WHEREAS, the Board of Trustees of the Village of Dering Harbor have proposed 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; and

WHEREAS, public hearings were held on July 13, 2019, August 10, 2019 and September 14, 2019; and

WHEREAS, by letter dated August 13, 2019, 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), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 6 of 2019 is hereby adopted as follows:

LOCAL LAW NO. 6 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 Vvillage Llaw.

1.   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.

1.   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.
2.   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.

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 July 13, 2019, August 10, 2019 and September 14, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of September 14, 2019 adopted LOCAL LAW NO. 6 OF 2019 as follows:  “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.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, 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

• 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 continued.

 

Wayne explained that the requirement for training was taken out of the language. The rest is similar to other law that was just adopted. A letter dated August 13th from the Suffolk County Planning Commission stated that it is a matter of local determination. A motion to close the public hearing was  moved by Ari and  seconded by Patrick. All Board members voted in favor

 

A motion for adoption of the local law and authorization to publish a notice of adoption was moved by Patrick and second by Ari. All Board members voted in favor.

WHEREAS, the Board of Trustees of the Village of Dering Harbor have proposed a 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 and appointment of alternate members; and

WHEREAS, public hearings were held on July 13, 2019, August 10, 2019 and September 14, 2019; and

WHEREAS, by letter dated August 13, 2019, 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), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 7 of 2019 is hereby adopted as follows:

LOCAL LAW NO. 7 OF 2019

A 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 and appointment of alternate members.

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

Section 1.  Amendment.  Article X of the Zoning Law is amended to add a new Section §10-105 is hereby amended by adding underlined words as follows:

Section 10-105.  Chairperson and Alternate Members.

1.   The Board of Trustees shall designate the Chairperson of the Board of Architectural Review.  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 Architectural Review 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 Architectural Review are properly made, executed, filed or taken, as the case may be, in accordance with law and regulations of the Board of Architectural Review.

(5) To serve as liaison the Village Board of Trustees and other Village boards.

1.   Alternate Members.  For the purposes of substituting for a member of the Board of Architectural Review 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 Architectural Review 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.

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 July 13, 2019, August 10, 2019 and September 14, 2019, the Board of Trustees of the Village of Dering Harbor at their meeting of September 14, 2019 adopted LOCAL LAW NO. 7 OF 2019 as follows:  “A 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 and appointment of alternate members.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, 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 a Public Hearing to hear any and all persons either for or against a local law amending the navigation, surface water use and mooring regulations of 2012 prohibiting transient anchoring and living on boats at docks was moved by Karen and seconded by Clora. All Board members voted in favor.

The effort to amend this law and working with Shelter Island Town is still ongoing. Kirk Ressler had questions about the proposed amendment. Wayne explained what parts of the law this amendment would clarify and improve. Mr Ressler added that he thinks dock sharing seems to be aimed at one person and is unfair. It’s his view that the village should be as amenable to this kind of activity as possible. Patrick explained that this is more of a housekeeping measure and that the harbor is an important asset that needs to be protected. He added that another thing to be considered is the effluent that is produced by people living on boats. Ken Walker commented that what has to be considered, when it comes to dock sharing, is the impact it has on neighbors. Mary Walker asked if SI Town allows living on boats. Patrick said no. The village is working on being in parody with the town, but it is at a bit of stale mate because of the proximity to this year’s town election. Clora suggested waiting until after the election to continue discussing this law so that there is clarity on who will be heading the SI Town Board. Ari asked if it will be resolved by next season, to which Clora answered yes. A motion to keep the Public Hearing open for all purposes and adjourn until the January BOT meeting was moved by Clora and seconded by Karen. All Board members voted in favor.

• Old Business

• Ways and Means:
  1. Treasurer’s Report prepared by East End Accounting Services
     1. Bank reconciliation. Patrick commented on the Budget to Actual report., Karen clarified that this is more of an issue of how things were input by Nawrocki/Smith. It is a line-item issue that needs to be resolved but it is not affecting what is going on today.
     2. Resolution to approve the abstract/bills to be paid was moved by Patrick and Seconded by Ari. All Board members voted in favor.

1.     Water Works Report from Patrick, who supplied copies of a document titled VDH  Water Update- September 2019 (see attached).  Everything he referenced during his report is in that document. Kirk Ressler asked if the village has discerned between  consumption and production Patrick said not yet but they will. One protocol the  SCWA has implemented is to reduce the rate at which the pumps produce water.

1. Usage/meter update: Under the proposed long-term agreement with SCWA, residents will pay for the water they use. The village can adopt a tiered system of billing for water usage and is a measure that can be taken to deal with people who are using village water for irrigation. However, Patrick anticipates that these things will resolve themselves and that people will cooperate. Patrick announced that he and Annbeth are going to grant an easement to the village for access to the water tower.  Regarding the opportunity the village has to enter into a long-term agreement with the SCWA, Rob Ferris confirmed (after having worked with many different water authorities) that SCWA is ranked 4th or 5th in the whole country. He added that they are a very reputable company and that in his opinion, the greatest risk is not acting on moving into a long-term agreement with them.

Clora: the bottom-line is that the village is getting a much better, cleaner product at lower cost. Karen asked about residents who have their irrigation systems tied to village water: is it resolvable? Patrick has no doubt that the heaviest users are going to resolve it on their end. Wayne reminded everyone that the board is working on an amendment to the waterworks law and are waiting for more information. Patrick explained that once the long-term agreement is signed, elements of that agreement will be included in the amendment to the law. Annbeth Eschbach asked why the village is extending the short-term agreement and not going right into the long-term agreement. Patrick explained that it is a long process but it should be be prepared by November 1st. The short-term agreement will get village to that point. Kirk Ressler asked if it is necessary to install the two new wells? Patrick said yes and explained why (having primarily to due with the age of one well and the dysfunctionality of the other).

1. A motion for a resolution to extend the short term agreement with the SCWA until November 1st, 2019 was made Karen and seconded by Ari. All Board members voted in favor.

WHEREAS, the Village of Dering Harbor owns, maintains and operates a water distribution system for the benefit of its residents; and

WHEREAS, by resolution dated June 8, 2018, the Board of Trustees of the Village of Dering Harbor approved an agreement with the Suffolk County Water Authority (“SCWA”) to provide operational, management and consulting services, including the daily water quality testing and reporting by a licensed Water Plant Operator, to the Village at an annual fee of $49,000.00, plus disbursements for testing, etc., to be paid semi-annually, for a period of one-year commencing on June 15, 2018; which was mutually extended through September, 2019; and

WHEREAS, the Village and SCWA have been undertaking necessary investigations and studies with respect to the long term supply and distribution of water to Village residents and have been considering a long-term agreement between the parties to operate and manage the Village’s water distribution system; and

WHEREAS, to permit the Village and the SCWA additional time to complete such investigations and studies, the Village of Dering Harbor and SCWA desire to further extend such agreement up to and including November 1, 2019.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby authorizes an additional extension of the agreement with the Suffolk County Water Authority to provide operational, management and consulting services, including the daily water quality testing and reporting by a licensed Water Plant Operator, up to an including November 1, 2019.

• Working group for ARB is still working on setting up regular meeting dates. Karen asked if they will they be presenting a report to the trustees. Clora said that they are still looking to gather all the info to do so.

• Status of Litigation and FOIL requests. Wayne gave a status of litigation. First ongoing case (Golfarb-Paredes, Baker vs. the village) which commenced several years ago. The one portion regarding the Gorldfarb-Paredes claim was resolved. All that’s left is the Baker portion of that litigation. Court compliance conference schedule for the next couple of weeks. The hope is that will prompt moving forward. Kirk Ressler had questions regarding the case, since it impacts a number of village properties (including his). Wayne answered his questions. Wayne also gave a status report on the litigation from Timothy Hogue vs the village’s approval of a certain living fence. The court dismissed that petition. There is a notice of appeal that has been filed but not perfected yet. The third case- Tim Hogue vs the village’s legislation having to do with fences- the court dismissed it against the individual defendants. It had certain decisions with respect to the village that are still ongoing. Nonetheless, the plaintiffs made a motion to reargue the case and the court denied the motion. The final litigation is a notice of claim on the Calabro property and the village’s insurance counsel is proceeding to conduct the necessary hearing on that.  Lastly, Kirk Ressler followed-up with the discussion from last meeting about the boards’ suggestion that he speak to Tim Hogue about all of the litigation and FOIL requests he’s been prompting. From speaking to Mr. Hogue, Mr. Ressler said it is Mr. Hogue’s viewpoint that he is not initiating all of these things but it is the village initiating it and he is responding. Mr. Ressler feels that Mr. Hogue is a target and urges the board to sit-down with him to resolve these things. Betsy stated that the board welcomes Mr Hogue, Mr Colby and any other resident with concerns to attend the monthly BOT meetings. That this is the place to discuss such matters

• New Business

• Public Works – Roof repair will hopefully continue on September 22nd. Four roofers were invited to bid and the lowest bid was accepted. Also, Christian Johnson responded quickly to an email the village received from a resident about an obstructed view on one of the village intersections. He resolved the issue immediately.

• Discussion on tax liens for properties with overdue taxes to make sure people are properly noticed about taxes due, Betsy asked how often should they be noticed? Also, is the village required to notice in the paper? Wayne said the property owner needs to be noticed first, of the penalty and ongoing interest. Mr. Walker remarked that noticing the paper is an effective way to get people to pay their taxes. Wayne said state law provides the outline for the procedure. Betsy suggested as a starting point to start doing quarterly bills for all outstanding taxes; Karen suggested developing and sending out a schedule of fees and penalties so that people can see what they owe if they pay by month then quarterly notices sent.

• A motion to go into Executive Session at 11:07am to discuss litigation matters was moved by Patrick and seconded by Ari. All Board members voted in favor.

• Meeting was called back into order at 12:43pm

• A resolution to approve abstract/bills to be paid as amended was moved by Patrick, seconded by Karen. All Board members voted in favor.

• Date for Next Meeting – Saturday, 12^th of October 2019 at 9:00 a.m.

• The meeting was adjourned at 12:45