Trustees’ Organizational Meeting Minutes – June 11, 2022

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Village of Dering Harbor
Trustees Meeting
Organizational Meeting Minutes
June 11, 2022 

  • The meeting was called to order at 9:02am
  • Attendance- Karen Kelsey (mayor), Brad Goldfarb, Brandon Rose, Samuel Ashner; absent- Ari Benacerraf; Wayne Bruyn (village attorney), Donna Ritzmann (Tim Hogue’s stenographer), Judge Stanley Birnbaum, Rob Ferris, Marian Brownlie
  • Announcement of Election Results May 27, 2022.
    1. Judge Stanley Birnbaum administered the Oath of Office of the newly elected Mayor, Karen Kelsey and newly elected Trustees, Brad Goldfarb and Samuel Ashner
    2. Before moving on, Karen publicly thanked the former mayor, Patrick Parcells, for everything he accomplished for the village during his term as mayor and on the Board of Trustees.
  • A motion to accept the minutes from the regular meeting of May 14, 2022 was made by Brandon and seconded by Brad. 3 votes in favor, one abstention (Sam). Motion passed.
  • Acceptance of Minutes from the Special Meeting of May 20th, 2022 was tabled until the July meeting.
  • Organizational Resolutions:

A motion to pass the following resolution for the appointment of Deputy Mayor was made by Brandon and seconded by Brad. All Board members present voted in favor (4-0):

WHEREAS, the Honorable Karen Kelsey, 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, Brad Goldfarb 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 Brad Goldfarb is hereby appointed Deputy Mayor of the Village of Dering Harbor.

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 made by Brad and seconded by Sam. Motion passed, 4-0
      • A motion to appoint Wayne Bruyn, Esq as Village Attorney was made by Brad and seconded by Sam. Motion passed, 4-0
      • A motion to appoint Suffolk County Water Authority as Commissioner of the Water Department was made by Brad and seconded by Sam. Motion passed, 4-0
      • A motion to appoint Arthur Bloom as Village Fire Marshall and Code Enforcement Officer was made by Brad and seconded by Sam. Motion passed, 4-0
      • A motion to appoint Trustee Brandon Rose as Village Waterways Commissioner was made by Brad and seconded by Sam. Motion passed, 3-0-1 (Brandon abstained)
      • A motion to appoint Village Clerk, Vicki Shields, as Agent for Mailing Notice of Claim was made by Brad and seconded by Sam. Motion passed, 4-0
      • A motion to appoint East End Accounting Services Corp. as Village Accountant and bookkeeper was made by Brad and seconded by Sam. Motion passed, 4-0
      • A motion to appoint George Butts as Building Inspector and Stormwater Management Officer was made by Brad and seconded by Sam. Motion passed,4-0

A motion to pass the following resolution to appoint Cullen and Danowski as Village Auditors was made by Brad seconded by Sam. Motion passed, 4-0

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.

A motion to pass the following resolution determining the cost of bonding Village Officers to be a Village expense was made by Brad and seconded by Sam. Motion passed, 4-0

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.

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 Sam. Motion passed, 4-0

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

A motion to pass the following resolution designating Dime Community Bank as the official Village bank was made by Brad and seconded by Sam. Motion passed, 4-0

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. 

A motion to pass the following resolution removing and/or designating signators on all Village bank accounts was made by Brad and seconded by Sam. Motion passed, 4-0

RESOLVED that Patrick Parcells be removed as a signator on all Village bank accounts.

RESOLVED that Brad Goldfarb, as Deputy Mayor, be added as a signator on all Village bank accounts, as well as Karen Kelsey, as Mayor, and Victoria Shields, as Treasurer.

A motion to pass the following resolution designating the Shelter Island Reporter as the official Village newspaper was made by Brad and seconded by Sam. Motion passed, 4-0

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.

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 Sam. Motion passed, 4-0

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 (7/9/22, 8/13/22 , 9/10/22, 10/15/22, 11/12/22, 12/10/22, 1/14/23, February – no meeting, 3/11/23, 4/15/23, 5/13/23, 6/10/23) 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.

The following resolution establishing procedures for the setting and notification of a special meeting was moved by Brad and seconded by Sam. Motion passed, 4-0

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.

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 Sam. Motion passed, 4-0

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.

A motion to pass the following resolution adopting the Village cash management and investment policy was made by Brad and seconded by Sam. Motion passed, 4-0

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.

A motion to pass the following resolution adopting the Village procurement policy was made by Brad and seconded by Sam. Motion passed, 4-0

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 11, 2022, which is intended to apply to all goods and services which are not required to be publicly bid.

A motion to pass the following resolution authorizing payment of certain claims prior to audit was made by Brad and seconded by Sam.

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.

A motion to pass the following resolution setting the date of the 2023 organizational meeting was made by Brad and seconded by Sam. Motion passed, 4-0

WHEREAS the Mayor and Board of Trustees of the Incorporated Village of Dering Harbor are empowered to set the date of the 2023 organizational meeting of the Village of Dering Harbor, it is therefore,

RESOLVED that the 2023 Organizational Meeting of the Village of Dering Harbor shall be held on Saturday, June 10, 2023, 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 to appoint Susannah Rose as Chairperson of the ARB for one year to 6/2023 was made by Brad and seconded by Sam. Motion passed 3-0-1 (Brandon abstained)

A motion to appoint a member of the ARB for a term of three years to 6/2025 was tabled.

A motion to appoint Alex Jackson as Chairperson of the ZBA for one year to 6/2023 was made by Brad and seconded by Sam. Motion passed, 4-0 

A motion to appoint a member of the ZBA for a term of five years to 6/2027 was tabled.

  • With Vicki absent, there was no Treasurer’s Report. Presentation of and a resolution to authorize payment of the Outstanding Bills Abstract was made by Brad and seconded by Sam. Motion passed 4-0.
  • Announcements:

Patrick Ahearn, F.A.I.A. initial visit was on June 4, 2022. About 15 residents met to discuss his background and took a walking tour to familiarize Patrick with the village. A committee will be created to assist Patrick.

      1. The moratorium on demolition that is in place will need to be updated and a timeline for completion created if necessary.
      2. There was a discussion on potential timing.
      3. There was also a discussion of extending the moratorium, which all Board members present were in favor of.
      4. A resolution to schedule a Public Hearing on a Local Law amending section 230-49 of the village code to require applications for a demolition permit be referred to the ARB 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, July 9, 2022 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 §230-49, §230-64B and §230-64E of the Zoning Code related to referral of applications for demolition of buildings and structures to the Architectural Review Board

    • Paving Update- The section of road that was scheduled to be paved have been paved. It was noted that the quality of the work was enhanced by the prep work they did ahead of the paving.
    • Village Audit by Cullen & Danowski to commence.

 

  • New Business:
    • A resolution authorizing road use/closure for annual Shelter Island 10K race for Saturday, June 18, 2022, contingent on the receipt of appropriate insurance documents, was moved by Brad and seconded by Sam. All Board members present voted in favor. 4-0
    • A resolution to Schedule Public Hearing on a Local Law Authorizing a Property Tax Levy in Excess of the Limit Established in General Municipal Law §3-C for Fiscal Year 2023 was moved by Brad and seconded by Sam. All Board members present voted in favor. 4-0

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, July 9, 2022 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 authorizing a Property Tax Levy in excess of the limit established in General Municipal Law §3-c for Fiscal Year 2023”

  • Old Business.

A motion to reopen the Public Hearing– A Local Law amending §§230-7, 230-8, 230-9 and 230-21 of the Zoning Code related to permitted/prohibited uses, interpretations and accessory driveways and off-street parking areas was made by Brad and seconded by Sam. All Board members voted in favor. 4-0

      1. Public Comments- Marian Brownlie shared her thoughts on the section of the poroposed code that addresses parking on public streets. She also submitted letter for the record.
      2. A motion to keep this public hearing open and adjourn for all purposes until the July 9th meeting was made Brad and seconded by Sam. All Board members voted in favor. 4-0

Authorization and scheduling of Ethics Training Session. There was a discussion and consensus on scheduling ethics training via a two hour Zoom meeting for all members and alternates of the BOT, ARB, and ZBA. I believe that we discussed a Friday, 9AM meeting to be scheduled by Vicki.

  •    There was no new Legal/Litigation Update to discuss.
  • A motion to go into Executive Session to discuss Litigation/ Personnel was made by Brad and seconded by Sam. All Board members voted in favor. 4-0
  • A motion to call the regular meeting back into session was made by Brad and seconded by Sam. All Board members present voted in favor. 4-0
  • Date for next regular Trustee’s meeting – July 9, 2022 at 9 a.m.
  • A motion to adjourn at 11:30am was made by Brad and seconded by Sam. All Board members present voted in favor. 4-0

 

 

Category: Minutes