Village of Dering Harbor
Special Trustees’ Meeting via Zoom
Minutes
April 5, 2021, 9:00 AM

● Attendance- Mayor Patrick Parcells, Trustees Karen Kelsey, Ari Benacerraf, Brad Goldfarb; absent- Clora Kelly; Vicki Shields (village clerk), Wayne Bruyn (village attorney), Donna Ritzzmann (stenographer from Flynn Stenography, present on behalf of Timothy Hogue).
● The meeting was called to order at 9:02am.
● The following resolution scheduling a Public Hearing for Monday April 26th, 2021 at 10:00 a.m. – Eminent Domain Procedure – 9A Yoco Road LLC was made by Brad and seconded by Karen. All Board members present voted in favor.
WHEREAS, the Eminent Domain Procedure Law of the State of New York permits municipalities to condemn properties or interests therein necessary for public purposes; and
WHEREAS, the property of 9A Yoko Road LLC, with a street address at 9A Yoco Road in the Village of Dering Harbor, and designated as SCTM# 0701-001.00-03.00-008.000 (the “9A Yoko Property”), is surrounded by properties of the Village of Dering Harbor used for municipal and public water supply purposes; and
WHEREAS, the 9A Yoko Property is more particularly described in a deed dated February 24, 2017 and recorded in the office of the Suffolk County Clerk on April 12, 2017 in Liber 12908, page 220; and
WHEREAS, the 9A Yoko Property is a trapezoidal shaped-parcel of land with a maximum width of 44’ and a depth of 163 feet consisting of approximately 6,400 square feet (0.15 acres); and
WHEREAS, the replacement of the water tank on the adjoining Village property revealed the existence of decades old water mains running under and across the 9A Yoko Property and the necessity to utilize a portion 9A Yoko Property to maintain the water tank facilities in their current location; and
WHEREAS, on or about July 2, 2019, “9A Yoco Road LLC” as Claimant filed a Notice of Claim against the Village of Dering Harbor and other defendants for alleged trespass and other claims; which claim has not been pursued by Claimant; and
WHEREAS, without any admitting or foregoing any legal defenses to such claims, the Board of Trustees offered to purchase the 9A Yoko Property based upon a fair market value appraisal, which offer was not accepted by the owner; and
WHEREAS, the Eminent Domain Procedure Law of the State of New York permits the Village of Dering Harbor to acquire the 9A Yoko Property for the furtherance of public water supply facilities and related municipal purposes after a public hearing.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article 2 of the Eminent Domain Procedure Law of the State of New York, the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held at a Special Meeting on Monday, April 26, 2021 at 10:00 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 acquisition of the fee simple or such lesser interests in the property of 9A Yoko Road LLC; and
BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing and deliver a copy to 9A Yoko Road LLC and its attorney in accordance with the provisions of the Eminent Domain Procedure Law:

NOTICE OF PUBLIC HEARING UNDER THE
EMINENT DOMAIN PROCEDURE LAW

PLEASE TAKE NOTICE, that pursuant to Article 2 of the Eminent Domain Procedure Law of the State of New York, the Board of Trustees of the Village of Dering Harbor shall hold a public hearing as a Special Meeting on Monday, April 26, 2021 at 10:00 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 acquisition by eminent domain of the fee simple or such lesser interests in the property of 9A YOKO ROAD LLC; situate at 9A Yoco Road, in the Village of Dering Harbor, Town of Shelter Island, County of Suffolk, State of New York and designated as SCTM# 0701-001.00-03.00-008.000, more particularly described in a deed dated February 24, 2017 and recorded in the office of the Suffolk County Clerk on April 12, 2017 in Liber 12908, page 220. The acquisition of the referenced property is intended for the furtherance of public water supply facilities and related municipal purposes.
NOTICE IS FURTHER GIVEN THAT THE PROPERTY OWNER WHO MAY SUBSEQUENTLY WISH TO CHALLENGE THE CONDEMNATION OF ITS PROPERTY VIA JUDICIAL REVIEW MAY ONLY DO SO ON THE BASIS OF THE ISSUES, FACTS AND OBJECTIONS RAISED AT SUCH PUBLIC HEARING.
In the event Governor Cuomo’s Executive Orders suspending portions of the Open Meetings Law due to COVID-19 restrictions are extended, the meeting of the Board of Trustees and aforementioned public hearing shall be held by video conference/ZOOM. The Village Clerk can be contacted to obtain information on accessing the meeting.
BY ORDER OF THE BOARD OF TRUSTEES
VILLAGE OF DERING HARBOR, NEW YORK
● Date for next regular Trustees meeting – April 10, 2021 at 9:00 am
● A motion to adjourn at 9:04a, was moved by Karen and seconded by Brad. All Board members present voted in favor.