Village of Dering Harbor
January 7, 2023 9:00 AM
- The meeting was called to order at 9:01am.
- Attendance- Karen Kelsey (mayor), Brad Goldfarb, Samuel Ashner; absent- Ari Benacerraf, Brandon Rose; Vicki Shields (village clerk), Wayne Bruyn (village attorney), Donna Ritzmann (stenographer), Patrick Parcells
- A motion to accept the minutes from the November 12th meeting was made by Sam and seconded by Brad. All Board members present voted in favor.
- A motion to accept the minutes from the November 19th Special Meeting was made by Sam and seconded by Brad. All Board members present voted in favor.
- Treasurer’s Report- A resolution authorizing payment of the bills listed on the abstract was made by Sam and seconded by Brad. All Board members present voted in favor.
- New Business
a. Karen gave a recap of a meeting with the Town of Shelter Island re: moorings/waterways. There has been an ongoing discussion regarding the mooring and waterways rights of Dering Harbor- whether they extend 500 feet from the coastline or 1500 feet. A “handshake agreement” between the village and town (for which no supporting documentation has been found) says the village’s rights extend out 500 feet. However, Wayne has found legal backing that it is 1500 feet. A conversation started many months ago between Patrick, Karen, and the Town Supervisor and this latest meeting was a continuation of that meeting, now including trustees Ari and Brandon. At this latest meeting, Wayne, Karen, and Ari met with the Town Supervisor, another SI Board member, a member of the Town waterways commission, Kristina (the town’s administrative assistant) and the town’s attorney, Stephen Kiely. It was productive in that the village reiterated that they think it is 1500’. The town attorney stated he believes it is 500’. They discussed coming to an amicable agreement, to not disrupt too much of what has historically occurred while also knowing what the village has an obligation and right to oversee. Moorings are an asset, they are valuable, and the village should protect this asset for its residents. There is also the issue of commercial moorings. Patrick asked if the town charged a fee for the transfer of moorings after the sale of Jack’s Marine. Karen said she doesn’t know. It was agreed that the first issue that needs to be resolved is the legal question of jurisdiction.
Wayne explained that he had researched this topic when the board started talking about moorings and waterways back in 2019. After this last meeting, Wayne forwarded what he had found to the town attorney, who after review of those documents, confirmed over the phone that the village’s jurisdiction is 1500’. Second to acknowledging the jurisdiction, everyone at the meeting expressed the need for information as to what exactly is occurring- what moorings have been placed within the village’s jurisdiction, recognizing the needs of the village versus the needs of the town, and that the village may need assistance in enforcement. All of this can be formalized in an inter-municipal agreement. Next steps: committee to meet again with the town. They seem to have resources to identify moorings. Additionally, Wayne explained that commercial mooring is another item on the table. The village code does not authorize commercial moorings. The village has no commercial facilities and there was never any right for the village BOT to grant an entity the right to grant moorings in a commercial sense. Moving forward, the BOT needs to determine whether or not that is something it wants to allow and perhaps the town to manage.
Patrick Parcells stated for the record that 2 or 3 years ago, he had asked the town clerk to search for any documentation supporting this and she found nothing. He suggested using this as an opportunity to also tidy up the fire district issue, which is another agreement with the town that needs to be looked at.
Brad asked if another meeting has been scheduled with the town. Karen said no. They were waiting for the attorneys to establish what they need to establish, which they have. Wayne further commented that the town attorney acknowledged the fire district issue, that it could be part of an inter-municipal agreement, and asked Wayne to move forward with it. Wayne has reached out for guidance from NYCOM to make sure all bases are covered. He hopes to have something to present at the March Trustees meeting.
b. Budget Officer update- Sam reported that he, Charlene, and Vicki met via Zoom to start talking about the 2023/24 tentative budget. He is confident the village will not pierce the tax cap. He said he would be using what Patrick has done in the past as a template and create a master workbook that the village can use moving forward. There was a conversation about road improvements, getting estimates sooner rather than later for budgeting purposes, and whether CHIPS money might be available for some of the infrastructure projects the village plans to do (i.e. roadway drainage). Vicki said she would reach out to their DOT representative to find out if that kind of project qualifies for CHIPS reimbursement.
c. Election Official update- Vicki announced that the village election would be held on Friday, May 26th and that she would be publishing the following notice in the paper, pursuant to NYS Village election law. She also explained how village residents can go about getting a absentee ballot application. She also said she would work on getting a link up on the website where residents can easily access and print the application.
PLEASE TAKE NOTICE that the Incorporated Village of Dering Harbor will conduct a General Election on Friday, May 26th, 2023 to fill the following positions:
Trustee for two years, July 1, 2023 through June 30, 2025
Trustee for two years, July 1, 2023 through June 30, 2025
- Old Business
a. Emergency Tree Removals- Resolution to Schedule Public Hearing. This topic has been discussed for a couple of months. Karen and Wayne reviewed the reason behind the need for the law, which would allow for expeditious emergency tree removal in certain circumstances. Date in resolution was changed from March 11th to March 18th to reflect new March meeting date. The following resolution was moved by Brad and seconded by Sam. 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, March 18, 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: “A Local Law amending §180-9 of Chapter 180 (Trees and Vegetation) of the Code of the Village of Dering Harbor to add a new subsection D (Emergency removal of trees).
b. Village Infrastructure Improvements- Cleaning Catch Basins/Installation of (3) Replacement Storm Drains. The Town of Shelter Island is currently cleaning out the storm drains and the village will be sent an invoice from the town for that work. Next step is to install 3 new storm drains, which the town sent an estimate for. Karen reviewed the numbers. The hope is that CHIPS money can be used to cover this expense (Vicki said she will find out) but Karen explained that the work needs to be done either way and the village has the money to cover it.
Brad asked when the village is hoping to start this work. Karen said she is not sure.
Sam asked if the storm drain that is going to be installed at Yoco Road will deal with the flooding on Harbor Lane. Karen said no. That is a more complicated issue but is in the mix of things to be resolved.
A motion to approve the following resolution was moved by Sam and seconded by Brad. All Board members present voted in favor.
RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby approves the proposal of the Town of Shelter Island Highway Department, as a preferred municipal provider, to install three replacement storm drains at the following locations: (1) one at the intersection of Yoco Road and Locust Point Road next to the fire hydrant; (2) one on Nicoll Place near the entrance to Land’s End; and (3) one on Sylvester Road, at the cost based upon the Town’s published Road Drainage Pricing not to exceed $14,000.00, and the Mayor is authorized to execute any instrument necessary to engage the services of the Town.
c. Historic Guidelines Discussion- Brad gave an update. There was excellent turnout at the Special Meeting on November 19th in which they received a lot of feedback. Not a lot of progress has happened since then, due to the holidays. But it will and the hope is that there will be some next steps to discuss at the March Trustees meeting. All the board members remarked that the minutes are really helpful from that meeting, as they reflect all the feedback they received.
d. Birman/Gubert Land Acquisition Public Hearing rescheduling. A resolution to reschedule the public hearing was moved by Sam and seconded by Brad. All Board members voted in favor.
RESOLVED, that pursuant to New York State Village Law §6-614 the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, April 15th, 2023 at 9:00 a.m. prevailing time to hear any and all persons either for or against the adoption of a resolution discontinuing a portion of South Street as described herein; 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 pursuant to §6-614 of the New York State Village Law the Board of Trustees of the Village of Dering Harbor will hold a public hearing on Saturday, April 15th, 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 adoption of a resolution in accordance with §6-612 of the New York State Village Law for the discontinuance and sale of an approximately 50’ by 65’ portion of South Street that abuts the northerly front lot line of the property of George Birman and Phillip A. Gubert, known as 6 South Street, Village of Dering Harbor, Town of Shelter Island, County of Suffolk, Sate of New York and designated as SCTM# 0701-001.00-03.00-018.000.
- Legal/Litigation Update- Wayne was happy to report that there is no new litigation. He gave a brief update regarding the Statewide claim in that he had not heard anything from them. Patrick Parcells asked what the village does next. Wayne explained that the village had a contract with Statewide. Under the contract, there was a certain portion that remained unpaid due to errors they made, which the Trustees determined they were not going to pay. Statewide filed a Notice of Claim. No lawsuit was ever filed. Patrick asked if there is a shelf life on this type of thing. Wayne said there is a statute of limitations but that at this point, it is a wait and see situation. The village did reach out to try and resolve the matter and Statewide chose not to move forward. Wayne said he wanted to discuss this further in Executive Session.
- A motion to Executive Session to discuss litigation matters at 9:41am was moved by Sam and seconded by Brad. All Board members present voted in favor.
- Meeting called back to order at 10:58am
- Date for next regular Trustees meeting- March 11th, 2023. A resolution to authorize changing the meeting date to March 18th was moved by Brad and seconded by Sam. All Board members present voted in favor.
- A motion to adjourn at 10:58am was made by Sam and seconded by Brad. All Board members present voted in favor.