Village of Dering Harbor
Trustees Organizational Meeting
Minutes DRAFT

June 14th, 2025 9:00 am 

• The meeting was called to order at 9:01am.

• Attendance- Ari Benacerraf (mayor), Sam Ashner, Karen Kelsey, Eric Deutsch, Tom Kusner; Wayne Bruyn (village attorney), Vicki Shields (village clerk), Donna Ritzmann (stenographer), Susan Dempsey (SI Reporter), Alice Goldman

• Announcement of Election Results May 23, 2025- Vicki announced that after the votes were tallied, Karen Kelsey and Eric Deutch were both re-elected to their respective trustees seat.
• Vicki administered the Oath of Office of re-elected Trustees, Karen Kelsey and Eric Deutsch

• A motion to accept the minutes from the April 25th, 2025 Special meeting was moved by Sam and seconded by Karen. All Board members voted in favor.

• A motion to accept the minutes from the April 26th, 2025 meeting was moved by Sam and seconded by Eric. All Board members voted in favor.

• A motion to accept the minutes from the May 10th, 2025 meeting was moved by Sam and seconded by Eric. All Board members voted in favor.

• Organizational Resolutions:

A. A motion for the following resolution for the Appointment of Deputy Mayor was made by Karen and seconded by Tom. Sam abstained, Motion passed, 4-0-1.

WHEREAS, the Honorable Ari Benacerraf, 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

WHEREAS, Samuel Ashner 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 Samuel Ashner is hereby appointed Deputy Mayor of the Village of Dering Harbor.

B. Resolutions for the appointment of Village officers and officials are as follows:

A motion to appoint Vicki Shields as Village Clerk, Treasurer, and Records Access Officer was moved by Karen and seconded by Eric. Motion passed.

A motion to appoint Wayne Bruyn, Esq as Village Attorney was moved by Karen and seconded by Eric. Motion passed.

A motion to appoint Suffolk County Water Authority as Commissioner of the Water Department was moved by Sam and seconded by Eric. Motion passed.

A motion to appoint Beau Payne as Village Waterways Commissioner was moved by Eric and seconded by Karen. Motion passed.

A motion to appoint Village Clerk, Vicki Shields, as Agent for Mailing Notice of Claim was moved by Eric and seconded by Karen. Motion passed.

A motion to appoint East End Accounting Services Corp. as Village Accountant and bookkeeper was moved by Eric and seconded by Tom. Motion passed.

A motion to appoint Christopher Talbot as Building Inspector and Stormwater Management Officer was moved by Karen and seconded by Eric. Motion passed.

C. The following resolution to appoint Cullen and Danowski as Village Auditors was moved by Eric and seconded by Karen. Motion passed.

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.

D. The following resolution determining the cost of bonding Village Officers to be a Village expense was moved by Karen and seconded by Eric. Motion passed.

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.

 

E. The following resolution waiving requirement for the Mayor and Trustees to post an undertaking was moved by Eric and seconded by Tom. Motion passed.

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

F. The following resolution designating Dime Community Bank as the official Village bank was moved by Eric and seconded by Karen. Motion passed.

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 Dime Community Bank, subject to the review of appropriate documentation of the bank by the Village Attorney and Treasurer.

G. The following resolution designating the Shelter Island Reporter as the official Village newspaper was moved by Eric and seconded by Karen. Motion passed.

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.

H. The following resolution setting the following dates and times of regular monthly meetings and adopting the rules of the Open Meetings Law was moved by Karen and seconded by Tom. Motion passed.

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 9:00 am (7/12/25, 8/9/25, 9/13/25, 10/18/25, 11/8/25, 12/13/26, 1/10/26, 3/7/26, 4/11/26, 5/9/26, 6/13/26) 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 hours’ notice to and in the media of every meeting of the Board, except a special meeting where prevailing circumstances require a special meeting with less notice, in which case the notice shall be in accordance with the provisions of the Public Officers Law.

I. A motion for the following resolution establishing procedures for the setting and notification of a special meeting was moved by Sam and seconded by Eric. Motion passed.

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 or electronic mail 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 seventy-two 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.

J. A motion for the following resolution adopting Roberts Rules of Order as the official procedure of the Board was moved by Sam and seconded by Eric. Motion passed.

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.

K. A motion for the following resolution adopting the Village cash management and investment policy was moved by Eric and seconded by Tom. Motion passed.

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.

L. A motion for the following resolution adopting the Village procurement policy was moved by Sam and seconded by Eric. Motion passed.

WHEREAS, §104-b of the New York State General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid; and

WHEREAS, the Village of Dering Harbor has previously adopted a Procurement Policy and is required to annually review and update as necessary.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby adopts the Procurement Policy, dated June 15, 2024, which is intended to apply to all goods and services which are not required to be publicly bid.

M. A motion for the following resolution authorizing payment of certain claims prior to audit was moved by Eric and seconded by Tom. Motion passed.

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.

N. A motion for the following resolution setting the date of the 2026 organizational meeting was moved by Sam and seconded by Eric. Motion passed.

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are empowered to set the date of the 2026 organizational meeting of the Village of Dering Harbor, it is therefore,

RESOLVED that the 2026 Organizational Meeting of the Village of Dering Harbor shall be held on Saturday, June 13, 2026, at 9:00 a.m., or at such other time as may properly be set by the Board of Trustees at that time.

• A motion for a resolution authorizing payment of the outstanding billas abstract was moved by Sam and seconded by Karen. Motion passed.

• New Business

1. 1. 1. Special Event parking request from Alice Goldman- 2 Gardiner Way. The board received a letter from Alice Goldman for special event parking on June 28th from 5pm-8pm. There will be a tent but no music. She has made arrangements with her neighbors for overflow parking. Wayne asked if anyone will be directing parking. Alice said yes- 2 young men. The Board said they would accommodate Mrs. Goldman in whatever way possible. Sam said she can use his driveway.

A motion to approve was moved by Sam and seconded by Karen. Motion passed.

• Old Business

1. 1. A motion to reopen the Public Hearing on Local Law amending §230-43 of the Zoning Law to add a new section requiring a guarantee for street repairs damaged by construction activities was moved by Sam and seconded by Eric. Motion passed.

The village received a letter dated May 30th from the SCPC making it a matter of local determination.

Karen asked what mechanism would be used to determine the bond amount. Wayne said it would be based on the extent of construction and determined by the Building Inspector. Karen wants to make sure the Building Inspector is on the same page with the BOT in terms of ensuring enough of a bond is implemented. $2,500 is the minimum. Wayne suggested that the Building Inspector contact the Mayor before determining the bon amount.

A motion to close the public hearing was moved by Sam and seconded by Eric. Motion passed.

A motion to adopt the following Local Law was moved by Sam and seconded by Eric. All Board members voted in favor. Motion passed.

WHEREAS, the Board of Trustees of the Village of Dering Harbor have proposed a local law amending §230-43 of the Zoning Law to add a new section requiring a guarantee for street repairs damaged by construction activities; and

WHEREAS, public hearings were held on May 10, 2025 and June 14, 2025; and

WHEREAS, by letter dated May 30, 2025, 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), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 2 of 2025 is hereby adopted as follows:

LOCAL LAW NO. 2 OF 2025

A LOCAL LAW amending §230-43 of the Zoning Law to add a new section requiring a guarantee for street repairs damaged by construction activities.

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

SECTION 1.  Amendment.  Section §230-43 of the Zoning Law is amended by adding underlined words as follows:

• 230-43. Building permit application; street damage repair guarantee.

500. Whenever the interest or the protection or the welfare of the street that provides access to a property for which a building permit is sought, requires it, the Building Inspector, as a condition precedent to the issuance of the building permit and the commencement of work, may require an applicant to file with his/her application sufficient indemnity and a performance bond agreement with sufficient surety to guarantee the satisfactory completion of the work in and adjacent to the street and the restoration, repair and clean-up of any portion of the said street that may be damaged, directly or indirectly, as a result of the construction activities on the property. The amount of said bond shall be a minimum of $2,500.00 and may cover one or more than one of the acts specified in this Chapter and said bond may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Building Inspector. The approval of the Building Inspector as to amount, form, manner of execution and sufficiency of surety or sureties shall be entered on said bond before it shall be filed in the Village Clerk’s office and said bond shall be so filed before the building permit shall be effective.  In the event that the applicant does not properly restore a street, as required herein, after ten days’ written notice requiring him/her to do so, the Village reserves the right to restore or have restored any street or to redo or have redone any improperly or unskillfully restored street in place and stead of the applicant and to charge the applicant for all work, materials, supplies and equipment used to do the same.  The cost of such work to be withdrawn from the applicant’s bond.

SECTION 2.  Authority.  The proposed local law is enacted pursuant to Village Law §7-712, as well as Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), 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.

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 public hearings were held on May 10, 2025 and June 14, 2025, the Board of Trustees of the Village of Dering Harbor at their meeting of June 14, 2025 adopted LOCAL LAW NO. 2 OF 2025 as follows:  “A Local Law amending §230-43 of the Zoning Law to add a new section requiring a guarantee for street repairs damaged by construction activities.”

Copies of the adopted law are on file in the Village Hall, Mondays, Wednesdays and Fridays, from 10:00 a.m. to 1:00 p.m., or by appointment.

BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK

• Legal/Litigation Update. Wayne reported on the “infamous parking lot case.” In the next two weeks, Mr. Snead will be replying and it will be taken up by a judge for determination after that. Eric asked how long this case has been going on. Wayne explained the circumstances that contributed to the case. Wayne also informed the Board about a FOIL request Vicki received about the Gross Utilities. Sam asked who pays the cost of the auditor and Wayne said they will look at what the costs would be.

• A motion to go into Executive Session to discuss Litigation/ Personnel matters at 9:32 was moved by Sam and seconded by Eric. Motion passed.

• A motion to reopen the regular meeting at 10:18 am was moved by Karen and seconded by Eric. Motion passed.

• Date for next regular Trustee’s meeting – July 12, 2025 at 9 a.m.

• A motion to adjourn at 10:18am was made by Eric and seconded by Sam. Motion passed.