Village of Dering Harbor
Trustees’ Meeting
Minutes
July 10th, 2021

● Attendance- Karen Kelsey (Deputy Mayor), Brad Goldfarb, Ari Benacerraf, Brandon Rose; absent- Patrick Parcells, Wayne Bruyn (village attorney), Vicki Shields (village clerk), Donna Ritzzmann (stenographer from Flynn Stenography, hired by Timothy Hogue), Ted and Debbie Nelson, Eric and Stephanie Deutsch
● The meeting was called to order at 9:01am.
● Ari Benacerraf and Brandon Rose were each sworn in for their term as Trustee.
● A motion to accept the minutes of the June 12th meeting was made by Brandon and seconded by Brad. 3 votes in favor, 1 abstention (Ari). Motion passed.
● Organizational resolutions:

A. A motion to pass the following resolution to appoint Karen Kelsey as Deputy Mayor was moved by Ari and seconded by Brad. 3 votes in favor, 1 abstention (Karen). Motion passed.-
WHEREAS the Honorable Patrick Parcells, Mayor of the Village of Dering Harbor, has the responsibility pursuant to 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 has appointed Karen Kelsey as Deputy Mayor;
WHEREAS Karen Kelsey 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 that Karen Kelsey is hereby appointed Deputy Mayor of the Village of Dering Harbor.
B. Resolutions for the appointment of Village officers and officials were as follows:

● A motion to appoint Vicki Shields as Village Clerk, Treasurer, and Records Access Officer was made by Ari and seconded by Brad. All Board members present voted in favor.
● A motion to appoint Wayne Bruyn, Esq. as Village Attorney was made by Ari and seconded by Karen. All Board members present voted in favor.
● A motion to appoint Suffolk County Water Authority as Commissioner of the Water Department was made by Karen and seconded by Brad. All Board members present voted in favor.
● A motion to appoint Arthur Bloom as Village Fire Marshall and Code Enforcement Officer was made by Brad and seconded by Ari. All Board members present voted in favor.
● A motion to appoint Brad Goldfarb as Village Waterways Commissioner was made by Ari and seconded by Karen. All Board members present voted in favor.
● A motion to appoint Village Clerk, Vicki Shields, as Agent for Mailing Notice of Claim was made by Brad and seconded by Ari. All Board members present voted in favor.
● A motion to appoint East End Accounting Services Corp. as Village Accountant and bookkeeper was made by Brad and seconded by Ari. All Board members present voted in favor.
● A motion to appoint George Butts as Building Inspector was made by Brad and seconded by Karen. All Board members present voted in favor.
● A motion to pass the following resolution to appoint Cullen and Danowski as Village Auditors was made by Brad and seconded by Karen. All Board members present voted in favor.

WHEREAS the Board of Trustees of the Village of Dering Harbor has determined that it is in the best interests of the Village of Dering Harbor to retain the accounting firm of Cullen and Danowski, as Village Auditors; it is therefore
RESOLVED that Cullen and Danowski is hereby appointed as the Village Auditors of the Village of Dering Harbor.

C. A motion to pass the following resolution determining the cost of bonding Village Officers to be a Village expense was made by Ari and seconded by Brad. All Board members present voted in favor.

WHEREAS certain officers of the Incorporated Village of Dering Harbor are required by law to be bonded, and;
WHEREAS such bonding is in conjunction with the discharge of their duties and;
WHEREAS the Board of Trustees by law may determine that the cost of such bonding is a Village expense, it is therefore;
RESOLVED by the Board of Trustees of the Village of Dering Harbor that the cost of the bonding required of certain Village officers in conjunction with the discharge of their duties as a Village officer is a Village expense, and that such charge shall be charged to and paid by the Incorporated Village of Dering Harbor.

D. A motion to pass the following resolution waiving requirement for the Mayor and Trustees to post an undertaking was made by Brad and seconded by Ari. All Board members present voted in favor.

RESOLVED that the requirement for the Mayor and Trustees to post an undertaking is hereby waived.

E. A motion to pass the following resolution designating Dime Community Bank as the official Village bank was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are required to designate and approve a bank as the official depository of the Village for the deposit of Village funds, it is therefore;
RESOLVED that the official bank and depository of the Incorporated Village of Dering Harbor shall be the following:
Dime Community Bank
Subject to the review of appropriate documentation of the bank by the Village Attorney and Treasurer.

F. A motion to pass the following resolution designating the Shelter Island Reporter as the official Village newspaper was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are required to designate and approve a newspaper as the official newspaper of the Village for the posting of public notices of the Village and other requirements, it is therefore:
RESOLVED that the official newspaper of the Incorporated Village of Dering Harbor shall be the Shelter Island Reporter, of Shelter Island, New York.

G. A motion to pass the following resolution setting dates and times of regular monthly meetings and adopting the rules of the Open Meetings Law was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are required to set the date for regular monthly meetings of the Board of Trustees through the year, unless otherwise designated by the Board and proper public notification is given, and;
WHEREAS the Mayor and Board of Trustees are desirous of adopting the requirements of the open meetings law as set forth in the Public Officers Law and the other laws of the state of New York, it is therefore;
RESOLVED that the regular meeting date of the Board of Trustees of the Incorporated Village of Dering Harbor, unless set by the Trustees for a different date or time, shall be the second Saturday of each month at 9:00am (8/14/21, 9/11/21, 10/9/21, 11/13/21, 12/11/21, 1/8/22, February – no meeting, 3/13/22, 4/9/22, 5/14/22, 6/11/22) at the Village of Dering Harbor Village Hall, unless a vote of the Board with proper public notice is otherwise made and given, then the meeting for that month shall be on such other date as may be set by the Board, and it is further;
RESOLVED that the Board of Trustees hereby adopts the notice requirements of the Public Officer Law as the official procedure of the Board, and directs the Village Clerk, unless otherwise directed or required, to provide at least seventy-two hour notice to and in the media of every meeting of the Board.

H. The following resolution establishing procedures for the setting and notification of a special meeting was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor desire to establish a procedure for setting special meetings of the Board of Trustees of the Village, it is therefore;
RESOLVED that a special meeting of the Board of Trustees of the Village of Dering Harbor may be called by either by the Mayor or by two Trustees of the Village of Dering Harbor acting together, and it is further
RESOLVED that in the event of a special meeting being called, the Mayor and every member of the Board of Trustees shall be informed by telephone by either the Village Clerk or another member of the Board of Trustees of the date, time, location and subject of the special meeting, and unless the meeting is called to respond to an emergency concerning the safety and welfare of the Village, notice of the meeting shall be given to the Trustees and newspapers, and posted on the Village notice website at least 72 hours in advance of the meeting, and otherwise as in conformance with the Public Officers Law, and the other laws of the State of New York.

I. A motion to pass the following resolution adopting Roberts Rules of Order as the official procedure of the Board was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are able to develop or designate rules of procedure and meetings to be applied for the meetings of the Board, and;
WHEREAS the Board of Trustees believes it is in the best interests of the Village to adopt the Roberts Rules of Order as the rules of procedure for the Board, it is therefore;
RESOLVED that the Roberts Rule of Order are hereby adopted as the rules of procedure for the Board of Trustees of the Village to the extent that they are not inconsistent with New York State law.

J. A motion to pass the following resolution adopting the Village cash management and investment policy was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are required to adopt or formulate certain policy and procedures regarding the investment and deposit of Village funds, and the management of that money, and;
WHEREAS the Village of Dering Harbor has previously adopted the model cash management and investment policy of the Office of the State comptroller as the Cash Management and Investment Policy of the Village, it is therefore;
RESOLVED that the investment policy of the Village of Dering Harbor shall hereby be the model cash management and investment policy of the Office of the State Comptroller as currently in effect as the cash management and investment policy of the Village of Dering Harbor.

K. A motion to pass the following resolution adopting the Village procurement policy was made by Brad and seconded Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are required to adopt or formulate certain policy and procedures regarding procurements by the Village, and;
WHEREAS the Village of Dering Harbor has previously adopted the model procurement policy of the Office of the State Comptroller as the procurement policy for the Village and the Board desires for that policy to remain, it is therefore;
RESOLVED that the model procurement policy of the Office of the State Comptroller as currently in effect is adopted as the procurement policy of the Village of Dering Harbor.

L. A motion to pass the following resolution authorizing payment of certain claims prior to audit was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor have determined that it may be necessary and in the best interests of the Village to make payment of certain claims regarding utilities postage, freight and express charges prior to audit by the Board of Trustees it is therefore;
RESOLVED that the Village Treasurer is hereby authorized to make payment of invoices prior to audit by the Board of Trustees of public utility services, postage, freight and express charges, and it is further:
RESOLVED that in the event that a claim is paid prior to audit by the Board of Trustees pursuant to this resolution, the claimant and officer of the Village approving or incurring same shall be jointly and severally liable for any amount disallowed by the Board of Trustees in the subsequent audit of that claim.

M. A motion to pass the following resolution setting the date of the 2022 organizational meeting was made by Brad and seconded by Ari. All Board members present voted in favor.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are empowered to set the date of the 2022 organizational meeting of the Village of Dering Harbor, it is therefore;
RESOLVED that the 2022 Organizational Meeting of the Village of Dering Harbor shall be held on Saturday, July 9, 2022, at 9:00a.m., or at such other time as may properly be set by the Board of Trustees at that time.

N. A motion to appoint Alfredo Paredes as member of the ARB to 6/2024 was made by Ari and seconded by Brandon. 3 votes in favor, 1 abstention (Brad). Motion passed.
O. A motion to appoint Devon Cross as a member of the ZBA to 6/2026 was made by Brad and seconded by Ari. All Board members present voted in favor.
P. A motion to appoint Meredith Jenkins as Chair of the ZBA to 7/2023 was made by Ari and seconded by Brandon. All Board members present voted in favor.
Q. A motion to appoint Alfredo Paredes as Chair of ARB to 7/2023 was made by Brandon and seconded by Ari. 3 votes in favor, 1 abstention (Brad). Motion passed.
R. A motion to appoint Bob Ruttenberg as Chair of the Planning Board to 7/2023 was made by Brad and seconded by Brandon. All Board members present voted in favor.
A motion to accept the resignation of Douglas Ryder from the planning board was made by Brandon and seconded by Brad. All Board members present voted in favor.

● Old Business

A. Treasurers Report- Vicki presented the board with the bank recs, budget to actual sheet, and the Outstanding Bills Abstract. Brandon had a question about 2 journal entries in the amount $16,375 and $8,204 dated May 31. Vicki and Karen said they would look further into them with Charlene, the village accountant.
B. A motion to approve the abstract/bills to be paid was made by Ari and seconded by Brad. All Board members present voted in favor.
C. Infrastructure update- Brad updated the board on his progress on getting bids for work that needs to be done on village hall. Most pressing is the maintenance of village hall- carpentry, exterior painting, and masonry, then street lights. He hopes to have everything in by next week so that work can get started. In the area of street lights, many of the street lamps are not functioning properly. He is looking into whether the lamps can be replaced so that the light is more directed downward. Brandon asked whether anyone has considered removing them all together. Brad answered that there are liability questions and whether safety would be compromised. He asked Wayne to weigh in. There was a conversation about whether or not it would be a good idea to remove them. Brad thinks it’s a good idea to reach out to the SI Town Highway Department and also get a consensus from the residents in the village. Other things that need to be addressed- MPH signs (some need to be replaced), gazebo on Sylvester Road, base of white street sign posts that are being damaged by weed whackers. There was a conversation about repair versus replacement with Azac. Brad also intends to reach out to the community to get input from them.

● Legal/Litigation Report- Wayne was happy to report that there is no new litigation in the village. Oral arguments for two appeals that are in the appellate division (the Article 78 hedge application and the Fence Law challenge) will likely be scheduled in the fall. Regarding the condemnation proceeding for 9A Yoco, Wayne hopes that by the next meeting, that matter will be resolved.
● New Business

A. A motion to open the Public Hearing – Local Law Amending Chapter 230 of the Zoning Code – Permitted/Prohibited Uses, Driveways and Off-street Parking was made by Brad and seconded by Brandon. All Board members present voted in favor.
Karen asked Wayne to summarize the changes Wayne made in the latest revision based on previous discussions during public hearings. Without going into the entire law, he explained that this revision states that with respect to driveways and off-street parking, they will require review by the ARB. He does think the question will arise about exactly what the ARB is reviewing. The BOT may want to revisit the standards of the ARB and the criteria so that it is clear what they are looking at and what authority they have. Brandon weighed in, saying that he generally opposes most of what this law is trying to do. He believes the policies that are already in the code regarding driveways (the ARB and ZBA processes) works. He also doesn’t understand the concept of an accessory parking area that isn’t somehow connected to the driveway. Wayne explained further about the clarification that this law intends to provide and cited instances where there has been confusion and/or inconsistency in enforcement. This law is intended to clarify the existing jurisdictions and processes. Ari said he is in agreement with Brandon but thinks it’s sensible to clarify the criteria and standards that the ARB would be looking at.
Public Comments: Stephanie Deutsch had some questions and comments. She thinks that expanding a parking area or driveway even just 2’ in the B district could have a significant impact and make a big difference considering the proximity of neighboring properties in many instances. Stephanie had a specific question for Wayne about the intent behind the proposed change on Section 3, 239, B5. Wayne highlighted the existing language and explained why the clarification was needed. Regarding driveways and parking, she agrees with Wayne that clarifying the law and having clearer standards and criteria for the ARB is important. But she thinks that the way the ARB addresses the topic of siting of driveways and parking areas has been working. Eric Deutsch commented that it seems the vagueness of the code in practice works for the village, but makes it harder when that vagueness is challenged. He asked Wayne if more specificity would allow the intentions of the law to survive a challenge. Wayne said yes.
Karen weighed in with her experience with the ARB and just how arbitrary it can be. Ari asked Karen whether these standards would have been helpful to her if they had been in place back when she was building her house. She answered yes. Wayne explained that the intent of this amendment is to empower the board with more standards that are more specific and not too broad. Karen asked if specificity should be in this portion of the code or in the ARB section of the code. Wayne explained that it can be in both. Wayne suggested the ARB make recommendations to the BOT on standards for driveways and parking areas that they think should be included in the code. Wayne can also provide guidance in the form of examples of what other municipalities have in their codes.
Ted Nelson (new property owner in the village) commented that the more specific the code is, the easier it would be for people like him to use it to design their house or for a homeowner to understand what’s going on. Stephanie had further comments about the function of the ARB, both here and in other
communities, where their function does work and their decisions are upheld in court.
A motion to keep this Public Hearing open and adjourn for all purposes until the September 11th meeting was moved by Brad and seconded by Ari. All Board members present voted in favor.
B. EFC Funding Report – Bond Issuance for September 2021- EFC has requested this date be delayed and Patrick is working on this.

● Date for next regular Trustee’s meeting – August 13th, 2021 at 9am.
● A motion to go into Executive Session at 10:16am was made by Ari and seconded by Brad. All Board members present voted in favor.
● It was decided that an Executive Session was not needed. A motion to reopen the meeting at 10:17am was made by Ari and seconded by Brad. All Board members present voted in favor.
● A motion to adjourn at 10:18am was made by Ari and seconded by Brad. All Board members present voted in favor.