Minutes – September 2, 2017

Board Meeting Minutes
Village of Dering Harbor
Board of Trustees
2 September, 2017
9:00 AM

Meeting Minutes for the Village of Dering Harbor Board of Trustees, regular meeting on September 2, 2017, 9:00 AM, prepared by Jeanette Flynn.

In attendance: Rob Ferris, Julia Brennan, Brad Goldfarb, Kirk Ressler, Ester Hunt, Betsy Colby, Bridg Hunt, Arthur Bloom, Annbeth Eschbach, David Goldbaum, James Goldman, Meredith Jenkins, Karen Kelsey, Patrick Parcells, Ari Benacerraf, John Colby, Betsy Morgan, Jeanette Flynn.

I. The meeting was called to order at 9am. The Mayor opened with a quote from H. D. Thoreau.

Motion to open the meeting: Patrick Parcells
Motion seconded by: Karen Kelsey
In Favor: Unanimous

II. Review and Approval of the Minutes of the 26 August 2017 special meeting

Motion to approve the minutes with a correction: Ari Benacerraf
Motion seconded by: Karen Kelsey
In Favor: Unanimous

III. Old Business (Motion to Open Old Business)

Motion to open old business: Ari Benacerraf
Motion seconded by: Patrick Parcels
In Favor: Unanimous

(1) Organizational Resolutions adjourned from 15 July 2017 meeting:

WHEREAS the Honorable John T. Colby Jr. as the Mayor of the Incorporated Village of Dering Harbor has made certain appointments of Village Officials, Commissioners, Board Members and other appointed officers of the Village, and; WHEREAS at the meeting conducted on 2 September, 2017 these appointments duly came before the Board of Trustees for approval, and the Board duly approved those appointments, it is therefore; RESOLVED that the appointments of Village Officials, Officers, Commissioners, Board Members and other appointed officers of the Village, and; WHEREAS the firm of O’Shea, Marcincuk & Bruyn, LLP by its partner, Wayne D. Bruyn, has submitted an engagement letter (“The Letter”) dated 29 August 2017 outlining the terms of engagement for legal services provided to the Village of Dering Harbor, (“The Village”) a municipal corporation having its principal office at 23 Locust Point Road, Dering Harbor, NY 11965, and; WHEREAS the parties are desirous of confirming their agreement as demonstrated in The Letter, it is therefore; RESOLVED that the appointments of Village Officials, Officers, Commissioners, Board Members and other appointed officers of the Village are hereby approved and the terms as stated in The Letter are accepted and will remain in full force and effect until terminated by a resolution of The Village or under terms of The Letter: Village Attorney Wayne D. Bruyn, O’Shea, Marcincuk & Bruyn, LLP Agent for Mailing Notice of Claim Wayne D. Bruyn, O’Shea, Marcincuk & Bruyn, LLP
Motion to accept Organizational Resolution by: Karen Kelsey
Motion seconded by: Ari Benacerraf
In Favor: Unanimous

(2) Resolution to appoint Deputy Mayor (A resolution is not required but must be documented in the records of the Village.)

WHEREAS the Honorable John T. Colby Jr., Mayor of the Village of Dering Harbor has the responsibility based on Section 4-400(1) (h) to appoint a member of the Board of Trustees as the Deputy Mayor of the Village of Dering Harbor, and as appointed Elizabeth (Betsy) Morgan as Deputy Mayor;
WHEREAS Elizabeth (Betsy) Morgan is a duly elected Trustee of the Village of Dering Harbor and possesses the knowledge, skills and experience to perform the duties of Mayor in the event of the absence of the Mayor and will distinguish the Village in that capacity, it is therefore; RESOLVED Elizabeth (Betsy) Morgan is hereby appointed Deputy Mayor of the Village of Dering Harbor.
Motion to adopt resolution by: Patrick Parcels
Motion seconded by: Ari Benacerraf
In Favor: Unanimous

Trustees briefly discussed the new Village Attorney, Wayne D. Bruyn attendance at every meeting. Trustees generally agreed that attendance is not necessary at every meeting, but if a conflict or major question arises, they will adjourn that decision till next meeting and wait for his advisement.

IV. Ways and Means (Financial Report and Review of Invoices)

1) August Disbursements Report Review

Trustees agreed that the Village Quick Books needs to be upgraded now that Village Treasurer Lisa Gilpin is doing the books.
Trustee Betsy Morgan stated she will reach out to the insurance broker to assess the Fine Arts portion of the bill.
Trustee Patrick Parcels opined that the Village needs to discuss with attorney fees and invoices so the Village can get their arms around these issues.
Trustees agreed to suspend four items on the Distribution Sheet. Trustee Ari Benacerraf will speak to Maxson Hamburger, H2M Architects and Joseph Provop regarding their bills.

2) Review of NYS Environmental Facilities Corporation(EFC) August 2017

Trustees discussed consulting fees, survey schematics, and repayment periods. Mayor Colby stated he believes the repayment period is 30 years, but will clarify.
Trustee Patrick Parcels mentioned that there is no evidence documents of the past tank replacement.
Trustees Patrick Parcels and Karen Kelsey agreed to review report.
Trustees also voiced their concerns that there are no files and source documents and their inquiries to the prior administration have gone unanswered.
Trustees generally agreed that with time they can sort these issues out.

3) Annual Audit Review, September 14, 2017

Auditor will meet next week with Village Treasurer Lisa Gilpin.

V. Water Works Report (Current System Usage and Tank Upgrade Status)

Trustee Patrick Parcels went over the summary of current status report and the tank purchase contract.

Resident James Goldman discussed the information gathering he did regarding the Villages current water system. Mr. Goldman stated he spoke with West Neck Water and they do not use tanks. Mr. Goldman feels the Village does not need a tank and maybe should consider doing a water district for the Village something like what West Neck Water does. Mr. Goldman also opined that Village residents could have their own wells. Mr. Goldman also brought water samples.

Trustee Patrick Parcels stated he will speak to John Collins from the Bond Council about alternatives to the tank sinceH2M specializes in it.

Trustees also discussed the use of meters for every home and ideas of merging with the Shelter Heights water system.

Trustees thanked Trustee Parcels for his work on researching the water upgrade alternatives.

Trustees discussed well #2B’s quality and the concern that the new well was placed where the old one was.

Mayor Colby stated that the aquifer is intact and that the water testing came back normal. Trustees generally agreed that the wells will recover and usage will go back to normal.

Arthur Bloom was asked by the Trustees to go over the history of West Neck and their water issues and as fire marshal was also asked to discuss the fire hydrants around the Village.

Trustees went over Hap Bowditch’s water report and noted that he is going home to home and getting water samples for testing.

Resident Rob Ferris stated that the Village needs guidelines for reporting water testing results. Trustee Karen Kelsey noted that during high periods personal use is 12,500 gallons and well Irrigation is 15,000 gallons.

Resident Bridg Hunt stated that the Heights has meters not for billing but for collecting data.

VI. Village Roads and Maintenance Report

1) Yoco Road Drywell Installation

Jay card reported to the Village that they will start working it sometime after Labor Day.

VII. Report from MS4 committee and annual DEC filing update.

See attached minutes from meeting 14 August 2017.

VIII. Report from Village Greens and Improvement committee.

No report

IX. Architectural Review Board (ARB) Review

No report.

X. Zoning board of Appeals (ZBA) Review

No report.

XI. Planning Board Review

No Report.

XII. Community Reports

1) Arthur Bloom, Fire marshal, on Code Enforcement

Mr. Bloom discussed international building code and his qualifications. Mr. Bloom also discussed fire hydrants and their pressure and flow. ISO Rating is a 5 for the Village of Dering Harbor which is quite good.

Mr. Bloom reported that you can enter a home only with permission or a warrant. Mr. Bloom also reported that Fire Hydrants need to be inspected once a year and he is not certified to do so. Trustees agreed that they will need to get someone certified to do it.

Mayor Colby asked Mr. Bloom about noise and construction enforcement. Mr. Bloom went over the scientific methods of a noise meter. Trustees generally agreed that village needs to tighten up the rules and enforcement.

2) Comments from James Goldman

For initial comments already made, Please above under Water Works Report.

Mr. Goldman listed a number of issues that he feels needs to be resolved over the next few meetings.

Renaming Shore Road was also listed as well as mooring applications and how they are processed. The Trustees agreed that the new attorney will address these issues.

Mr. Goldman stated he will send these proposals to the clerk.

3) Resident Comments

Brig Hunt discussed transparency with the Trustees and open meeting laws. Mr. Hunt opined that if the trustees are discussing such things as attorney candidates it should be in a work session or under the new business part of the meeting.

Trustees agreed that they are working very hard at being transparent and will continue to do so.

XIII. New Business


XIV. Date for Next Meeting- Saturday, 7 October 2017 at 10:00 a.m. – (a meeting change may be possible for October 14, 2017).

XV. Motion to Adjourn

The meeting was adjourned at 11:33 am.