Village of Dering Harbor
Trustees Meeting
Minutes
April 15, 2023
9:00 AM 

1. The meeting was called to order at 9:10 am
2. Attendance- Karen Kelsey (mayor), Ari Benacarraf, Sam Ashner, Brad Goldfarb, absent- Brandon Rose; Vicki Shields (village clerk), Wayne Bruyn (village attorney), Donna Ritzmann (stenographer), Bridgford Hunt, Salina Truelove, Jeff Truelove, Earnest and Jane Truelove, Patrick Parcells, George Birman, Philip Gubert, Mickey Kostow, Claire Kostow, Stephanie Deutsch, Eric Deutsch
3. A motion to accept the minutes from the March 18th meeting was moved by Sam and seconded by Ari. All Board members present voted in favor.
4. Treasurer’s Report- a resolution to authorize payment of the outstanding bills abstract was moved by Sam seconded by Ari. All Board members present voted in favor.
5. New Business

• • Water/Sewer funding potential- NYCOM sent out a letter about the possibility of potential annual state funding similar to CHIPS that can be used for water infrastructure. Mayor Kelsey signed onto the letter that expresses support for this funding. The letter was being sent to the NY state legislature.
  • Waste Water Treatment Facility, Town of Shelter Island- Karen went to a work session at town hall on April 4th. There was a lot of data and information shared at that meeting. Her main reason for being there was to make sure that the village was not going to be negatively impacted by this proposed project. Joe, Pokorny, Deputy CEO for Operations, SCPA confirmed that the facility would not negatively impact any of the village’s public wells.
  • Schedule public hearing on tax assessing unit change. This proposed amendment would transfer the village’s tax assessment review function from the village to the Town of Shelter Island. Karen explained that this review process is cumbersome and she asked Wayne to explain it, which he did. The village has historically adopted the town assessment roll every year, but still maintains the roll of hearing grievances from village residents. The State Comptroller’s Office recently questioned why the village continues to do that. Even though the village uses the town assessment roll, it’s Wayne’s recommendation that the village officially adopt a local law which allows the town to continue in their capacity of assessment without the village needing to do anything as far as the adoption of the tax assessment roll or the grievance (or otherwise) of an assessment.  To be clear, the village still continues to be the collector of the taxes.

A motion for the following was moved by Sam and seconded by Ari. All Board members present 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, May 13, 2023 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 Chapter 173 (Taxation) to add a new Article III entitled Termination of Status as Assessing providing for the voluntary termination of the Village’s status as an assessing unit, to abolish the Board of Assessors and Board of Assessment Review, and to terminate responsibility for the review of the assessments of real property within the Village of Dering Harbor.”

• • A resolution to name Angela Corbett and Jane Ritzler as the election workers and Lois Corbett and Barbara Brigham as the alternates for the upcoming village election moved by Sam and seconded by Ari. All Board members present voted in favor.
  • Altice Franchise negotiations- Karen explained that the village is in the process of renegotiating the terms of the village’s franchise agreement with Altice (the parent company of Optimum). She also explained the survey that Sam had created to poll village residents about any issues they are having with their Optimum service. It’s clear that village residents do not have the best service and Sam is working with the representative from Altice to address these as part of the negotiations. Bridgford Hunt suggested that a short-term contract might be useful, since it’s his understanding that Verizon has plans to eventually provide service on the island. He suggested the village keep its options open. Wayne explained that the term with Altice is 10 years, that the current one expires at the end of the year, and that a public hearing must be set if the village plans to extend the term. Karen said that if residents are having issues with Optimum, voicing them during that public hearing would be a good time to do so, as well as completing the survey. Patrick Parcells asked Sam if he’s negotiating rates with Altice. Sam explained how the franchise fee works and what he’s looking into what can change. But some of the terms are set by the state. Patrick expressed his frustration over what he pays here versus in the city because there is no competition.

VI. Old Business

1. • Historic Guidelines Discussion: Schedule a public hearing in May for a revision. Brad gave a brief update. He said the document has gone through substantial revisions and will be ready for review a week from Monday. A resolution to schedule a public hearing for May 13th to hear any and all persons either for or against the adoption of Design Guideline for the Village of Dering Harbor, last revised April, 2023 was moved by Sam and seconded by Brad. All Board members voted in favor.
   • A motion to open the Public Hearing on the Annual Estimated and Tentative Budget for the fiscal year 2023-2024 was made by Brad and seconded by Karen. All Board members present voted in favor.

As the Budget officer, Sam gave the Budget presentation. At the last meeting, he provided copies of the tentative budget. He explained that the last page of the budget has a breakdown of the tax rate. The village is staying below the 2% tax levy limit and village residents will be seeing roughly a 3% increase in their taxes in the upcoming fiscal year.

Public Comments:

1. 1. Patrick asked Sam two questions: 1- What is the village’s current cash position. Sam said that it is roughly $50,000. 2- What is budgeted for Fire? Sam explained that it is based on what has been paid in the past and takes into consideration what is allocated from the state. There was a further discussion about the Fire Contract the village has with the town as it stands now versus what the village would like to do with the town. Wayne explained essentially what the village needs to do is create a joint Fire District, which requires a joint meeting with the village board and the town board to agree. A joint Public Hearing would need to be scheduled, as well as several provisions and a permissive referendum. If and when this were adopted, it would only apply to the current fiscal year. Sam clarified this is something that could be pursued for the 2024-25 FY. Wayne said yes and he confirmed this is something he has been speaking to the Town Attorney about.

1. 2. Stephanie Deutsch asked if there is money in the budget to continue any of the village beautification projects. Sam answered yes and pointed out where in the budget these kinds of projects would be funded. Along those lines, Stephanie mentioned tidying up the corners of Dering Woods Road and Manhanset. And that there is a giant pothole at the corner of Dering Woods Lane and Manhanset that is a real hazard. Sam explained that the pothole would be addressed as part of the road improvements the village is undertaking in parody with the Town of Shelter Island. Karen said a pothole is something that Chris Johnson could repair and explained they are taking into consideration the various construction projects happening around the village when it comes to road improvements. Patrick Parcells reminded the Board that part of Chris Johnson’s contract is the beautification of the village. Vicki mentioned that any money spent repairing potholes can be reimbursed through the CHIPS program.

The public hearing was adjourned for all purposes until the next meeting.

A motion to schedule a Special Meeting for adoption of the budget on April 22nd was moved by Sam and seconded Brad. All Board members voted in favor.

1. • Public Hearing to consider A Local Law amending §30-3 of Chapter 30 (Planning Board) of the Village Code to designate the Board of Trustees as the Planning Board.

Karen explained that this has been discussed in the past. The village has limited residents in the village to serve on boards. It’s often difficult to get a board constituted. There are other small municipalities that have passed this kind of law. The village’s current Planning Board has only met twice in the past 20 years and their responsibility right now is limited to subdivision review.

Public Comments:

1. 1. 1. Patrick Parcells commented that this law makes sense.

Wayne explained that the village is not disbanding the Planning Board. The village is changing who will be acting as the Planning Board, given what the mayor explained. For the record, he said this was referred to the SCPC, who deemed it a matter of local determination with one comment: to remind the BOT that they are taking on a task that is different from their normal legislative actions they take as a Board of Trustees and that the Planning Board is truly administrative. Wayne explained the process, what other nearby municipalities do and said that this is not an unusual practice.

A resolution to close the public hearing was moved by Sam and seconded by Brad. All Board members voted in favor.

A motion to adopt the following local law was moved by Brad and seconded by Sam. All Board members present voted in favor.

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a Local Law amending §30-3 of Chapter 30 (Planning Board) of the Village Code to designate the Board of Trustees as the Planning Board; and

WHEREAS, a public hearing was held on April 15, 2023; and

WHEREAS, by letter dated April 11, 2023, 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)(36), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 of 2023 is hereby adopted as follows:

LOCAL LAW NO. 2 OF 2023

A LOCAL LAW amending §30-3 of Chapter 30 (Planning Board) of the Village Code to designate the Board of Trustees as the Planning Board.

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

SECTION 1.  AMENDMENT.  Section 30-3 of Chapter 30 (Planning Board) of the Village Code is amended by deleting strikethrough words and adding underlined words as follows:

• 30-3. Members, terms and Chairperson.

1.                 Pursuant to Article 7, §7-718, of the Village Law of the State of New York the Planning Board shall consist of five members.
2. The term of office. The term of office of the five Planning Board members shall be as provided in the Village Law Article 7, §7-718, and the members thereof shall be appointed by resolution.
3.   The Board of Trustees shall serve as the Planning Board with terms co-terminus to their terms on the Board of Trustees.
4.   Chairperson.  The Mayor shall serve as the Chairperson and the Deputy Mayor shall serve as Vice-Chairperson.
5. Compensation. The Planning Board members shall serve without compensation.
6.   Meetings of the Planning Board.  The meetings of the Planning Board shall be held and duly noticed separate from the meetings of the Board of Trustees.

SECTION 2.  TERMS OF EXISTING PLANNING BOARD MEMBERS.  The terms of existing Planning Board members shall terminate upon the effective date of this Local Law.

SECTION 3.  FIRST TERM OF THE BOARD OF TRUSTEES AS THE PLANNING BOARD.  The first terms of the Board of Trustees as members of the Planning Board shall commence upon the effective date of this Local Law.

SECTION 4.  AUTHORITY AND SUPERCESSION.  The proposed local law is enacted pursuant to Village Law §7-718, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(1), 10(1)(ii)(a)(12), 10(1)(ii)(e)(3), and 10(2), and expressly supersedes all inconsistent provisions of Village Law §7-718, including the eligibility provisions of §7-718(3) and other provisions related to the appointment and terms of planning board members.

SECTION 5.  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 6.  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 a public hearing was held on April 15, 2023, the Board of Trustees of the Village of Dering Harbor at their meeting of April 15, 2023 adopted LOCAL LAW NO. 2 OF 2023 as follows: “A Local Law amending §30-3 of Chapter 30 (Planning Board) of the Village Code to designate the Board of Trustees as the Planning Board.”

A copy of the adopted law, sponsored by the entire Board of Trustees, is on file in the Village Hall, Monday, Wednesday and Friday from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

• • A motion to open the Public Hearing: Birman/Gubert Discontinuance of a portion of South Street- Public Discussion and Site Visit was moved by Sam and seconded by Brad. All Board members present voted in favor.

Karen explained the process the public hearing was going to go. The hearing would open up to public comments first, adjourn for the site visit, and then the meeting and Public Hearing would be called back to order after the completion of the site visit.

George Birman gave his presentation and submitted documents to the BOT regarding his discontinuance request (see attached). He explained that other than snow plowing, the village has not maintained South Street in the same ways that it has maintained other streets in the village. The area in question has been privately maintained by him and Philip and the previous property owners.  He wants to ensure that there is orderly parking and access for vehicles parking at the two homes that are currently on South Street. They are both non-conforming to village zoning and as a result, all vehicles currently park on village property when they are on South Street. He said it’s become a really impractical and unsafe situation given the number of cars that regularly park in that area. He also said aesthetically it is not in keeping with the appearance of other properties and streets in the village.  He and Philip would like to make sure that the area in front of their house and their street look and feel consistent with the rest of the village. He then went page by page through the document he submitted and gave explanations of each.

The Trustees thanked George for his thorough presentation.

Public Comments:

1. 1. 1. Patrick Parcells asked if George asked for any permission from the village to maintain the piece of property in question. George replied that the previous owner, Linda Adams, had historically maintained it and George and Philip continued to do so as well. Patrick went on to ask about the issue that the Ruttenbergs had brought up in an email on November 11th. Karen asked Patrick to direct that question to the BOT. She then explained that there was subsequent communication from the Ruttenberg family submitted on November 18th and read it aloud.
      2. Stephanie Deutsch asked Karen to read Kim Dempster’s email dated April 8th, 2023,which Karen did.

Wayne asked George about the deed he had previously submitted and asked for a copy of any other deeds that he has for the property. Wayne also asked George if in the title, there are any written easements of record in the county clerk’s office. George said not that he’s aware of.

1. 1. 3. Bridgford Hunt submitted a letter and supporting documentation to the Trustees for the record and gave a presentation. He read the letter aloud.

Karen asked the Trustees if they had any questions after Bridgford read his letter. There were none. Karen asked George Birman if he could clarify exactly how much he is asking the village to discontinue. He did.

1. 1. 4. Claire Kostow asked George if he ever asked the village to maintain the portions of South Street in question. George said he had some conversations with Rob Ferris about any plans to pave South Street. But otherwise, he had not.
      5. Mickey Kostow asked if the village were to sell this property, and a parking area would be created, he asked what it would look like? George explained.

Sam asked George if his proposed parking situation adheres to village code. George said they would need to request a variance from the ZBA to implement what they are proposing. Sam asked George if they would still wish to acquire the property in question, even if they don’t get a variance. George said yes.

Ari asked Bridgford specifically about the letter from 1974 that he submitted and whether it was written before the public land transfer. Bridgford said that it really doesn’t matter and went on to explain.  Karen subsequently asked Bridgford about his current access to his family’s property on South Street. Bridgford explained that the way they access it now is the way they have accessed it for generations.

1. 1. 6. Stephanie Deutsch asked for clarification on the Ruttenberg’s position. Karen clarified what the village had received for the record. She asked a subsequent question about linear feet access. George replied to her.
      7. Salina Truelove (Bridgford’s daughter) commented that South Street is a road she has used her whole life and strongly believes it should be maintained as a road so that future generations of her family can access their property in the same manner. She also spoke to her experience as a resident of the Village of Greenport and what she knows to expect Greenport will maintain.
      8. Jeff Truelove (Salina’s husband) commented that what he hears is a plea for the maintenance of South Street, which he supports. The fact that the area in question has been maintained in a different manner is significant and should be taken into consideration.

Ari asked for a point of clarification from Bridgford about whether that area was ever paved. Bridg said that his mother’s letter (which was included in both his letter and George Birman’s presentation) indicates that it was. Bridgford believes that it should be maintained as a road. He referred to comments he made at the Trustees meeting in November 2023. If it’s a village street, it should be maintained.

1. 1. 9. Mickey Kostow further comments- he is concerned about precedent that could be set by this case. Second point regarding parking. He doesn’t see how George Birman’s proposal is a solution for everyone.

Sam asked Wayne to speak to precedents. Wayne explained. The question before this board is whether or not this part of the street has become “useless”. Most importantly to consider is whether or not the public is using this street. It’s his opinion that this is a very unique situation. He referred to a recent discontinuation that happened in the village and he said it did not set a precedent. Each is taken by a case to case basis.

George Birman explained the reason why he has put this effort into this endeavor. He doesn’t understand why the village would want to maintain a street that leads to nowhere. He reminded that the Mildred Hird preserve can be accessed from other areas.

A resolution to adjourn the Public Hearing for the purpose of a site visit moved by Sam and seconded by Brad. All Board members present voted in favor.

A resolution to adjourn the meeting at 10:55 am moved by Ari seconded by Sam. All Board members present voted in favor.

A motion to reopen the meeting at 11:21 am was moved by Ari and seconded by Brad. All Board members present voted in favor.

A motion to reopen the Public Hearing was made by Sam and seconded by Brad. All Board members present voted in favor.

Bridgford commended the board for suggesting a site visit. He said it was helpful.

A motion to keep the Public Hearing open for all purposes and adjourn until the May 13th meeting was moved by Brad and seconded by Sam. All Board members present voted in favor.

• Legal/Litigation Update- Wayne said there is no new litigation. The Hogue parking lot matter is still pending.
• A motion to move into Executive Session to discuss personnel and litigation matters at 11:24 am was made by Sam and seconded by Brad. All Board members present voted in favor.
• A motion to come out of Executive Session at 12:05 pm was made by Sam and seconded by Brad. All Board members present voted in favor.
• A motion for a resolution to accept the resignation of Brett Poleshuck as Building Inspector was made by Sam and seconded by Brad. All Board members present voted in favor.
• A motion for a resolution authorizing the mayor to execute a contract with Christopher Talbot as the village’s new Code Enforcement Officer was made by Sam and seconded by Brad. All Board members present voted in favor.
• Date for next Trustees meetings- April 22nd, 2023 for a Special Meeting and May 13th, 2023 for the next regularly scheduled meeting.
• A motion to adjourn at 12:06 pm was moved by Brad and seconded by Sam. All Board members present voted in favor.