Village of Dering Harbor
Trustees’ Meeting via Zoom
May 8, 2021
● The meeting was called to order at 9:05am
● Attendance- Mayor Patrick Parcells, Trustees Karen Kelsey,, Ari Benacerraf, Brad Goldfarb, Vicki Weslek (village clerk), Wayne Bruyn (village attorney), John Armentano (attorney hired for eminent domain procedure), Donna Ritzzmann (stenographer from Flynn Stenography, present on behalf of Timothy Hogue), Susan Dempsey (Shelter Island Reporter), Tim Bolger (Dan’s Papers) Marian Brownlie, Stephanie Deutsch, Mary Walker
● A motion to accept the minutes from the April 10th Trustees Meeting was made by Brad and seconded by Karen. All Board members voted in favor.
● A motion to accept the minutes from the April 26th Special Trustees Meeting was made by Karen and seconded by Brad. All Board members voted in favor.
● Old Business
○ Treasurer Report – Outstanding Bills Abstract
■ A resolution approving the abstract and bills to be paid was made by Brad and seconded by Ari. All Board members voted in favor.
■ Vicki confirmed that she had received the tax warrant from the mayor authorizing her to collect taxes totaling $206,105.73 from the property owners listed on the tax roll. She will be preparing the property tax bills, which will be sent out no later than June 1. Patrick noted that payments can be made until July 1st. Payments received after July st will incur a penalty and interest charges.
■ Announcement – Tax Levy
● A motion to transfer $15,000 from the Tax & Contingency account to the Operating account was moved by Brad and seconded by Karen. All Board members voted in favor.
■ A motion to pass a resolution increasing Vicki Shields’ hourly rate by 3% effective June 1st was made by Ari and seconded by Karen. All Board members voted in favor.
○ Litigation/Legal Update- Wayne reported that the village did receive a favorable decision on the litigation case against the ZBA (Hogue’s parking area) where the underlying Article 78 was dismissed. The petitioner made a motion to reargue, which was denied by the court.
○ Audit proposal- Karen gave an update that the village had received one audit proposal from Cullen and Danowski. The village needs to go back and revise the schedule to make it more accurate and to coincide with the village’s fiscal year.
A motion to accept the audit proposal from Cullen and Danowski, LLP, contingent upon acceptable terms with respect to delivery dates prior to June 1st, was moved by Ari and seconded by Brad. All Board members voted in favor.
Before moving on to new business, Stephanie Deutsch had a budget question. She asked if there is money inthe budget to make improvements to the village hall- repointing, repainting, fixing broken fixtures. Patrick answered yes. Brad asked where the village was on that. Karen explained that the village had received one proposal for the painting work and the village needs more. Brad said he would help get more proposals. Stepahnie also asked if the corners of Manhanset and Dering Woods Road were going to be cleaned up. Other residents were wondering about it as well. Patrick said he was going to address that later in the meeting.
● New Business
○ A motion to reopen 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 Karen. All Board members voted in favor.
Patrick offered some clarification and thoughts on the portion of the proposed law related to the expansion and modification of an existing driveway. Karen added that she thinks the suggestion of going to the ARB is good, but putting a square footage cap and requiring people to go to the ZBA if it’s over is overreach.
Wayne offered additional clarification on what would and wouldn’t need to be approved by the ARB. There was also a discussion about driveway materials and what is already in the code versus what should be in the code. Stephanie suggested having an approved/not approved materials list that people can reference. She is in favor of keeping the ARB as part of the process of reviewing and approving driveways and parking areas.
A motion to keep this public hearing open and adjourn until the June 12th meeting was made by Ari and seconded by Karen. All Board members voted in favor.
○ A motion to reopen the Public Hearing – Local Law Amending Chapter 180 – Trees was made by Karen and seconded by Ari. All Board members voted in favor.
Public Comments: Stephanie Deutsch asked for clarification on whether the law requires removal of debris when landowners take down trees on their property, whether it is vacant land or otherwise. She also had questions about the role of the ARB in this new legislation.
A motion to close the public hearing was made by Brad and seconded by Ari. All Board members voted in favor.
A motion to adopt the following Local Law was made by Brad and seconded by Karen. ALl Board members voted in favor.
WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending Chapter 180 (Trees) to clarify the review procedure, criteria for removal of trees and update enforcement remedies and penalties; and
WHEREAS, a public hearings were held on March 13, 2021, April 10, 2021 and May 8, 2021; and
WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5, SEQRA and will not have a significant adverse impact upon the environment;
NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 3 of 2021 is hereby adopted as follows:
LOCAL LAW NO. 3 OF 2021
A LOCAL LAW amending Chapter 180 (Trees) to clarify the review procedure, criteria for removal of trees and update enforcement remedies and penalties.
BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:
Section 1. Amendment. Chapter 180 of the Village Code is amended by deleting strikethrough words and adding underlined words as follows:
§180-1 Title. This chapter shall be entitled “Local Law No. 1 of 2004” “Trees” of the Incorporated Village of Dering Harbor. , A Local Law Adopting Regulations Regarding the Cutting and Clearing of Trees in the Village of Dering Harbor.”
§180-2 Enactment. This Chapter is enacted Ppursuant to §10 of the Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this local law of 2004, a local law of the Village of Dering Harbor.
§180-3 When effective. This chapter and any amendments hereto shall take effect on the filing of the approved local law with the Secretary of State of New York, which shall be within 20 days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.
§180-4 Findings. The Board of Trustees of the Village of Dering Harbor hereby determines and finds that the trees in the Village of Dering Harbor comprise an important feature of the aesthetic quality and natural beauty of the Village and its environment. The Trustees further find and determine that the pristine environment of the Village is essential to the character and quality of life in the Village of Dering Harbor. The Board of Trustees also determines that the protection of existing trees in the Village is essential to the aquifer and the proper operation of the Village’s public water supply thereby ensuring public health and safety. The Board of Trustees further finds and determines that it is in the best interests of the Village, its residents and property owners to adopt regulations regarding the clearing and cutting of trees to protect the environment and quality of life in
the Village as well as the aquifer and public water supply to in the Village of Dering Harbor.
§180-5 Purpose and intent. The purpose and intent of this chapter is to adopt regulations regarding the clearing and cutting of trees in order to protect and ensure the aesthetic qualities of the character and quality of life in the Village, the environment of the Village and the aquifer and public water supply in the Village.
§180-6 Clearing and cutting unlawful. It shall be unlawful for any person to remove, damage, allow to be removed or damaged, clear, cut, or otherwise cause to be damaged, cut, or removed any trees except in conformance with the provision of this chapter.
A. It shall be unlawful for any person without a permit to cut down, remove, disturb, or destroy any tree or substantially alter the habit of any tree within the Village unless a valid permit shall have been issued for said work pursuant to this chapter.
B. It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the cutting down, removal, disturbance, or destruction of any tree or the substantial alteration of the habit of any tree on real property, unless a valid permit shall have been issued for said work pursuant to this chapter.
C. It shall be unlawful for any person, contractor, landscaper, tree service contractor, construction superintendent or their agent(s) to cause, suffer, permit, or allow the cutting down, removal, disturbance, or destruction of any tree or the substantial alteration of the habit of any tree on real property, unless a valid permit shall have been issued for said work pursuant to this chapter.
§180-7 Prior approval. Approval by the Village of Dering Harbor shall be required prior to the removal, cutting, grading, or clearing of any trees in the Village. Prior approval to remove a tree on a property shall be obtained from the Board of Trustees, except where the removal of a tree on a property is in conjunction with an application for subdivision review prior approval shall be obtained from the Planning Board, and where the removal of a tree on a property is in conjunction with the construction of a new dwelling that is subject to architectural review prior approval shall be obtained from the Architectural Review Board.
§180-8 Limitation on clearing or cutting.
A. For the purposes of this Chapter, Aa tree is any living woody plant which is at least nine eighteen (18) inches in diameter at four and one half (4.5) feet above the ground. The tree’s root system shall be regarded as part of the tree.
B. It shall be unlawful for any person to remove or destroy any tree without the permission of one of two Trustees designated by the Board of Trustees. This approval must be in writing and signed by said Trustee. A tree to be cut or removed must be marked by attaching a ribbon five feet high measured from the ground to the tree, to identify the proposed tree(s) to be removed or altered. The ribbon signifying the tree(s) to be removed or altered shall be on said tree(s) for at least ten (10) days before any approval is granted. The board may request the Building Inspector inspect the property to verify the markings prior to action by the board and again when the clearing has been completed to assure compliance.
C. The approval for removing or destroying a tree shall be based on the following criteria:
(1) The presence of the tree causes hardship.
(2) The tree is diseased, in poor physical condition or threatens the health of other trees.
(1) The age, condition of the tree with respect to disease and danger of falling, proximity to existing or proposed structures, and interference with utility services.
(2) The neessity of the removal or alteration of the tree in question.
(3) Whether the tree is considered to be nonnative or an invasive species.
(4) The potential impact of any removal or alteration upon existing screening of any public property, road or highway bordering the property.
(5) In cases where a property is to be developed under subdivision or the construction of a new dwelling on a lot, the potential for clear cutting of trees.
(6) The noteworthiness of the tree to the character of the community based upon, among other things, its size, species, and location.
D. Any permit issued hereunder may be revoked and all work authorized by said permit halted if the permit was obtained by false or misleading statements or the work being performed is not proceeding in accordance with the terms of the permit and the provisions of this chapter.
E. A permit issued pursuant to this chapter shall expire twelve (12) months from and after the date of its issuance. No work may be performed under an expired permit.
§180-9 Application to Building Inspector/Board of Trustees/Architectural Review Board/Planning Board.
A. In the event that the cutting, clearing or removal of trees is to be done in conjunction with work on a property that would otherwise require a building permit from the Village, the application to cut, clear or remove trees shall be made simultaneous and as part of the application for a building permit to be approved by the Building Inspector. The applicant will submit to the Building Inspector two copies of a survey which will show all trees on said property in the areas proposed to be cut, cleared or removed. Each tree to be cut or removed must be marked. No more than 10% of all trees on said property may be cut, cleared or removed.
B. In the event of a subdivision application, the applicant will shall submit to the Planning Board for its approval two copies of a survey which will show all trees on said property in the areas proposed to be cut, cleared or removed. Each tree to be cut or removed must be marked. No more than 10% of all trees on said property may be cut, cleared or removed.
A. Application for a permit to remove a tree on a property shall be made to the Board of Trustees. Application for a permit to remove a tree on a property that is subject to subdivision review shall be made to the Planning Board. Application for a permit to remove a tree on a property in conjunction with the construction of a new dwelling that is subject to architectural review shall be made to the Architectural Review Board. Applications to each respective board shall be made to the Village Clerk and transmitted to the applicable board.
B. The application shall be made on such form(s) as may be prescribed by the Board of Trustees, or in the case of subdivision review, the Planning Board, or in the case of architectural review for construction of a new dwelling, the Architectural Review Board, and shall include, but not be limited to, the following:
(1) The name and address of the applicant, including authorization of the owner of the property and all required disclosure forms;
(2) Identification of the property street address and Suffolk County Tax Map number;
(3) A written description of the size and location of the tree(s) to be removed and the purpose of the proposed tree removal or alteration;
(4) A written description of the condition of the tree with respect to disease, hazard, proximity to existing or proposed structures, and interference with utility services and other criteria set forth in subsection 180-8C;
(5) Photographs, site plan, diagram or map of the property or site to assist the board in understanding the location of the tree(s) to be removed or altered;
(6) If applicable, a written report or recommendation of a certified arborist or qualified tree service company that will be performing the removal. Any proposed tree service company shall be required to provide satisfactory proof of its experience and licensing upon request;
(7) Such other information deemed necessary by the Board of Trustees, Planning Board or Architectural Review Board to assist in the review of the application; and
D. The fee for an application to the Board of Trustees, Planning Board or Architectural Review Board shall be determined from time to time by resolution of the Board of Trustees. The fee shall be paid upon submission of the application and shall not be refundable.
§180-10 Protection Trees on Vacant Property.
A. The Board of Trustees has found that portions of the Village remain in their wooded natural condition, which has remained an important natural resource and attribute of the character of the Village. In furtherance of the previous regulatory provisions limiting clearing of vacant lots, and pursuant to the objectives of this Chapter as set forth in §180-1, the Board of Trustees find it necessary to continue to preserve and protect the natural wooded character of these vacant properties in the Village by prohibiting the clear cutting on a vacant, unimproved property.
B. For the purposes of this §180-10, a tree is defined as any living woody plant which is at least twelve (12) inches in diameter at four and one half (4.5) feet above the ground. The tree’s root system shall be regarded as part of the tree.
C. Except where the clearing of trees is authorized by the Planning Board or Architectural Review Board in connection with a development application, at no time hereafter shall the trees in excess of 12 inches in diameter on a vacant, unimproved property be in any way cleared, removed, disturbed, injured or destroyed without the prior approval of the Board of Trustees.
D. Application to obtain such approval of the Board of Trustees shall be made in the same form and manner as provided under §180-9, except that a survey or diagram of the vacant property to be cleared must be submitted showing all trees in excess of 12 inches in diameter. Every such tree must be marked by a ribbon at 4.5 feet above the ground and every tree to be removed must be marked with a second ribbon of a different color at 5 feet above the ground. The Board of Trustees may request the Building Inspector inspect the property to verify the markings prior to action by the Board of Trustees and again when the clearing has been completed to assure compliance.E. No more than forty percent (40%) of the trees on a vacant, unimproved property shall be cleared, removed, or disturbed. All stumps must be removed or ground to grade and the felled trees, branches and debris must be removed from the property within the permit period.
§180-11 Street trees; Trees on Village property.
A. No person shall in any way cut down, remove, disturb, or destroy any street tree or any tree on Village property or substantially alter the habit of any street tree or any tree on Village property without the prior written permission of the Board of Trustees.
B. No person shall cut down, remove, disturb, or destroy any street tree or any tree on Village property to install, alter or relocate a driveway, drainage structure, sidewalk or utility without the prior written permission of the Board of Trustees.
§180-12 Directive to Remove Unsafe Trees.
A. Any tree growing on real property which constitutes a danger to a public street or public place or the public using the same or which in any way endangers the usefulness of a public water, sewer/septic, drainage or utility lines, or which by reason of infestation or blight endangers other trees in the Village, or which constitutes a danger to life and/or property to private property, including, but not limited to, the property of the owner of the tree and/or such owner’s immediate neighbors, shall be removed or the habit thereof altered by the owner of said real property as directed by the Board of Trustees or its designee.
B. In the event that the property owner fails to comply with the directive of the Board of Trustees or its designee within the time specified, the Village may then take the action directed by the Board of Trustees and assess the cost thereof against the property owner. If the assessment is not paid within thirty (30) days of demand, the Village may add such assessment to the Village’s annual real estate taxes for the subject real property and collect such sum as a special assessment and as a part of said Village taxes, including all penalties and interest thereon as apply to such real estate taxes.
C. The directive from the Board of Trustees shall be in writing, shall clearly state the source of the danger, the action to be taken and the date by which such action must be taken and shall be served on the owner of the real property personally or by certified or registered mail, return receipt requested, addressed to said owner at the last address for said owner on the tax records of the Village. If served by mail, the notice shall be deemed received three days after the notice is deposited in a depository maintained by the United States Postal Service.
§180-10 13 Applications denied; relief.
A. Any application which proposes the cutting, clearing, removal of trees and which exceeds or is not in compliance with this chapter shall be denied.
B. If denied, the sole right for an application for relief from or of a variance of the limitations of this chapter shall be to the Board of Trustees. The Board of Trustees shall consider an application for the granting of relief or a variance from the limitations of this chapter and the determination made on the basis of that consideration shall be at the sole discretion of that Board. The Board of Trustees shall consider the impact of the proposed action on the environment and quality of life of the Village, the neighborhood and the surrounding properties, the aesthetic value and or unique or significant nature of the trees and on the property and the criteria of an area variance under Article 7 of the Village Law and Chapter 230, Zoning, of the Code of the Village of Dering Harbor, the protection and maintenance of the aquifer and public water supply and such other criteria as may be determined by the Board of Trustees to be appropriate. Any person aggrieved by an act or determination of the Board of Trustees, Planning Board or Architectural Review Board in the exercise of the authority granted in this chapter shall be an Article 78 proceeding which shall be brought with thirty (30) days of the filing of the decision with the clerk.
§180-11 14 Violations. It shall be a violation of this chapter for any party to cut, clear, remove, damage or cause to be cut, cleared, removed, damaged any trees in the Village of Dering Harbor without the prior approval of the Village in compliance with this chapter.
§180-12 15 Penalties for offenses. The fine and penalty for any violation of this chapter shall be $250 for each offense, and each and every day that a violation shall exist, a “violation” being an action in violation of this chapter, shall be a separate offense. The Village of Dering Harbor and/or a court of proper jurisdiction may assess as a fine or penalty under this chapter the cost of the enforcement of this chapter with respect to the violation and/or the cost of restoration of the trees that were cut, cleared, damaged, removed. Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a violation under the New York State Penal Law and, upon conviction thereof, shall be subject to:
A. A fine of not more than $5,000 for each tree illegally removed, destroyed or substantially altered and a fine of not more than $5,000 for any other such violation; or
B. Imprisonment for a term of not more than fifteen (15) days; or
C. Both such fine and such imprisonment.
D. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.
§180-13 16 Enforcement.
A. The Building Inspector and Code/Ordinance Enforcement Officer of the Village of Dering Harbor shall have the authority to enforce the provisions of this chapter. In the absence or inability of the Building Inspector to perform said duties, the same shall be performed by an Assistant Building Inspector or other person designated by resolution of the Board of Trustees.
B. The Village, at its option, may pursue civil remedies, including, but not limited to, seeking injunctive or other relief prohibiting or staying action or requiring restoration, and the election of a civil remedy by the Village shall not be exclusive of or preclude the prosecution of the violation and assessment of fines and penalties before a court of proper jurisdiction.
§180-14 17 Severability. In the event that any section or portion of this chapter shall be deemed to be unenforceable or of no effect, the remainder of this chapter shall survive and remain in full force and effect.
SECTION 2. Authority. The proposed local law is enacted pursuant to Village Law §7-712, et. seq. as well as Municipal Home Rule Law §§10(1)(i) 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.
○ Eminent Domain Procedure 9A Yoco Road.
Findings presentation by John Armentana. There were no questions from the BOT or the public.
First order of business- a motion to adopt the following resolution was moved by Ari and seconded by Brad. All Board members voted in favor.
WHEREAS¸ the Board of Trustees of the Incorporated Village of Dering Harbor (the “Board”) has considered to exercise its power of eminent domain pursuant to the New York Eminent Domain Procedure Law (“EDPL”) for the acquisition of certain real property located in the Village of Dering Harbor, Town of Shelter Island, County of Suffolk, State of New York and consisting of one (1) tax parcel identifiable by the tax identification numbers as shown on the Suffolk County Tax Map (SCTM) as District 0701, Section 001.00, Block 03.00, Lot 008.000, for municipal and public water supply purposes (the “Project”); and
WHEREAS, the Board declares itself to be Lead Agency, pursuant to SEQRA; and
WHEREAS, the Board has prepared Part 1 of the Full Environmental Assessment Form (EAF) in connection with the Project; and
WHEREAS, the Board has reviewed the EAF and the criteria contained in 6 NYCRR 617.7 (c), and completed Part 2 and 3 of the EAF; and
NOW THEREFORE BE IT RESOLVED, that the Board, as Lead Agency pursuant to SEQRA, has determined that the Project is an Unlisted Action; and be it further
RESOLVED, the Board had determined that the Project will not have a significant adverse impact on the environment and neither a draft environmental impact statement nor a final environmental impact statement will be prepared; and be it further
RESOLVED, that after careful consideration, the Board has concluded that the proposed action will not have a significant effect on the environment for the following reasons:
1. The proposed action is not such as would result in any change in existing air quality, ground or surface water quality or quantity, traffic or noise level, nor would it affect solid waste production, or have any effect upon erosion, flooding, leaching or drainage problems.
2. The proposed action will not result in the removal or destruction of any quantities of vegetation or fauna nor interfere with the movement of any resident or migratory fish or wildlife species, nor impact on a significant habitat area, nor result in any other significant adverse effect to natural resources.
3. The proposed action will not affect any Critical Environmental Area.
4. The proposed action is consistent with the community’s current plans and goals for maintaining the appearance and character of its neighborhoods.
5. The proposed action will not impair the character or quality of any historical, archeological, architectural or aesthetic resources of the Village.
6. The proposed action will not bring about any change in either the quantity or type of energy used.
7. The proposed action will not create a hazard to human health.
8. The proposed action will not produce a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses.
9. The proposed action will not encourage or attract a large number of people.
10. The proposed action will not create any demand for other actions that would result in any of the above consequences.
11. The proposed action will not change two or more elements in the environment, which when considered together could result in a substantial adverse impact on the environment.
12. When considered cumulatively with other actions, the proposed action will not have a significant adverse impact on the environment or meet one of the above criteria; and be it further
RESOLVED, that the Board determines that the proposed action will not have any significant adverse impact on the environment and issues a Negative Declaration pursuant to SEQRA and EDPL §204; and be it further
RESOLVED, that the Board hereby authorizes the Mayor to sign the requisite EAF forms in connection with the Negative Declaration.
Patrick commented that he is confident the village will come to an agreement with the landowner. But until that happens, the village must continue with this procedure.
Next step- a motion to pass the “Determinations and Findings” resolution, which can be made available by the village clerk upon request, was made by Ari and seconded by Brad. All Board members voted in favor.
■ Election Matters- Vicki announced that the village election was coming up on May 28th, the Friday of Memorial Day weekend. The election was moved to that date to encourage more in-person voting and Patrick encouraged residents to come and vote.
■ Water Rates- The village received a letter from the SCWA that village water rates are changing. SCWA has added an $80/year water quality treatment provision, and raised their service charge. Patrick noted that the cost of water is still low compared to water rates in other parts of Shelter Island and the country.
■ Water update- the pump for well #1 blew up and SCWA is working on getting it back online. They will activate the 2 new wells if needed. Also, Patrick confirmed with the SCWA that they will regrade and reseed the corners of Manhanset and Dering Woods Road (where the new wells were installed) in the Fall, when grass-seed has the best chance of growing. In conjunction to that, Patrick has asked Corazzini to build curbs on those corners to redirect water runoff in that area.
■ Town ZBA Meeting- the village received notice from the town, as a neighbor to the GBCC proposed project to build staff housing. A public hearing was scheduled for GBCC to present their plans and for the public to comment. Patrick gave Mary Walker an opportunity to speak on why she thinks it’s important for village residents to attend the public hearing. Vicki provided the meeting information if people wished to attend.
■ Patrick asked for a motion to appoint Brad Goldfarb as Waterways Commissioner to fulfill Clora Kelly’s term. The motion was moved by Ari and seconded by Karen ALl Board members voted in favor.
○ Building Review/Application Fees- Karen gave an update on the work she’s been doing to update the building permit fee structure, based on resident’s concerns, conversations she’s had with George, Vicki, and also looking into how fees are structured in other municipalities. She has come up with a proposed revised fee schedule that is clear, simple, fair, uniform and reflects the costs associated with different activities, scope of the project, and the involvement of the village clerk and building inspector. Karen said she would send it to Vicki so that members of the public could request to see it. Patrick suggested the BOT review the draft and take it up again in the June meeting.
● Date for next regular Trustee’s meeting – June 12, 2021 at 9:00 am
● A motion to adjourn a 10:34am was moved by Ari and seconded by Brad. All Board members voted in favor.