Category Archives: Trustee Meeting

Trustee Meeting

July 5th 2016 Meeting

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By:  Progress for Westhampton Beach

The official village year having commenced on July 4th at noon 1) Village Law 3-302(1)  An official year begins at noon on the first Monday in the month following the date of the general village election or the date such an election would have been held had elections been held annually.the board of trustees held its reorganization meeting this evening with Stephen Frano taking the oath of office as a new trustee.  Mayor Moore appointed Ralph Urban to serve as Deputy Mayor, a repeat performance for Mr. Urban as he had previously served as Deputy Mayor during Mayor Teller’s tenure.

There was a full agenda that included changes to the village code and three public hearings.

The code changes:

  • simplified the process of putting up a single storage shed provided it is no less from than ten feet from the rear and side lot lines.
  • provided for increased protection from misdirected outdoor lighting that can prove bothersome to neighbors.
  • allows improvements made to a principal residence on lots where there is a non-conforming second residence to be completed, in most instances, without having to obtain a variance from the ZBA.

Then there were the public hearings… yikes Continue reading July 5th 2016 Meeting →

References   [ + ]

1. ↑ Village Law 3-302(1)  An official year begins at noon on the first Monday in the month following the date of the general village election or the date such an election would have been held had elections been held annually.
eruv, Trustee Meeting

June 2, 2016

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By:  Progress for Westhampton Beach

The settlement approved by the Board of Trustees tonight specifically did not recognize or endorse a religion or religious boundary.

Robert G. Sugarman,1)a member of the New York State bar since 1963, but he eschews the suffix “Esq.” in his correspondence. attorney for the East End Eruv Association, wanted the Village Trustees to create a religious boundary by issuing a proclamation.  In a letter to the Village Board of Trustees dated  October 19, 2008, he said:

"REFUSING TO GRANT A PETITION TO ISSUE THE PROCLAMATION WOULD BE A VIOLATION OF THE FREE EXERCISE AND CIVIL RIGHTS OF THE MEMBERS OF THE HAMPTON SYNAGOGUE." Robert G. Sugarman

This was completely wrong.   In essence he was saying “You, Board of Trustees, must say this, you must proclaim this, if you don’t you are violating our civil rights.”  The government you elected has the right to say, or not to say, what it wants.  See Who Said That?

In that same letter Mr. Sugarman offered:

“[I]in order for an eruv to be valid. First, there must be a  proclamation delineating and “renting” the area for use as an eruv from a public official whose jurisdiction includes the area in which the eruv is to be constructed….  Second, the physical construction of the eruv must comply with the requirements of Jewish law. If either of these requirements is not met, the eruv would not be valid.”

The Board of Trustees did not issue the proclamation and three years later in January of 2011 the federal law suit was started.

The Board of Trustees had a proper understanding that it had no business issuing a proclamation or “renting” the entirety of village property to any religious sect.

JPOE 2)Jewish People for the Betterment of Westhampton Beach, a/k/a  Jewish People Opposed to the Eruv understood this too and sought to intervene in the federal case.  Judge Leonard Wexler denied that request and said the Village of Westhampton Beach would adequately represent JPOE’s interests.3)a novel concept that you can not defend your own constitutional interests, but must rely upon the government as your surrogate.  JPOE appealed the denial to the 2nd Circuit Court of Appeals.

The 2nd Circuit Court of Appeals did not direct the village to issue a proclamation or to lease property to the Plaintiffs.  In the 2nd Circuit Court of Appeals the court only considered the nature of the pole attachments that LIPA was going to permit on its utility poles.   It was represented to that court that the only things to be attached to the utility poles are:

“nearly invisible wires and staves that do not contain any overtly religious features to distinguish them to the casual observer as any different from strips of material that might be attached to utility poles for secular purposes.”

The 2nd Circuit held that something you can not find does not violate the Establishment Clause of the First Amendment to the Constitution.

This brings us to the final resolution of the federal litigation.

The settlement agreement that has already been signed by the East End Eruv Association and that has now been approved by the board of trustees does not use any religious terminology.  This avoids confusion.

This settlement agreement specifically states there is no recognition or endorsement of any religion or religious boundary by the Village of Westhampton Beach.  See settlement agreement at paragraph 14.4)this is the signed agreement filed in the federal district court available to the public through Pacer.  The highlighting added at paragraph 14 is not in the original filed with the court.

Of course, there is no regulating what anyone wishes to think or wants to believe.  That has never been the business of government, at least not in the United States.

The Board of Trustees has fulfilled its duty to make certain that it has not favored any religious sect over another.   Case closed.

More on this evening’s meeting to follow…

 

References   [ + ]

1. ↑ a member of the New York State bar since 1963, but he eschews the suffix “Esq.” in his correspondence.
2. ↑ Jewish People for the Betterment of Westhampton Beach, a/k/a  Jewish People Opposed to the Eruv
3. ↑ a novel concept that you can not defend your own constitutional interests, but must rely upon the government as your surrogate.
4. ↑ this is the signed agreement filed in the federal district court available to the public through Pacer.  The highlighting added at paragraph 14 is not in the original filed with the court.
Trustee Meeting

Centenarians

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By:  Progress for Westhampton Beach

The March village board meeting began with a pleasant diversion from the regular business. Three long time residents of the village who were at, near or past the 100 year mark were given recognition for their contributions to our community.  Jean Tocko, who turned 100 last August 31, John Comba, who turns 100 on March 18, and Rose Loos, who turned 100 on the day of the meeting, were in attendance and in fine fettle.  To the surprise of all, members of the fire department came in dress uniform to make their own salute. The historical society was represented to briefly recount historic markers each had passed along the way to the one-hundred-year mark and to present bouquets of flowers.  Each honoree received a proclamation and a key to the Village.  The presentation concluded with members of the community singing Happy Birthday to Rose.

Whether it be Ponce De León searching for the fountain of youth; geneticists studying telomeres; or peddlers of yogurt selling fermented lactose; matters of longevity always seem to capture our imagination.

The meeting proceeded to regular Village business which included a brief public hearing on a change of zone, upon recommendation of the Planning Board, to move the business zone boundary on Montauk Highway ninety feet south to allow for the redevelopment of the old True Value store.

The Board of Trustees granted the special exception for the increase of commercial space within the long vacant 20,000 square foot bowling alley to permit one store with 10,000 square feet of space surrounded by smaller spaces for tenants fronting on Sunset Avenue and the north side of the building.

The Village attorney, through the course of the public hearing conducted over two meetings, and in a report to the trustees explained that the anticipated use of this space as a pharmacy that would compete with existing Village businesses was not a permissible ground to deny the application. See CVS Parts I to V.

A change in protocol at Village hall that has taken root over the last two years is the posting on the Village website of all resolutions to be considered by trustees together with the meeting agenda; print copies of the agenda, all resolutions, and documents in support are also available to all in attendance at the monthly meetings.   The result — regular business receives full consideration, is open to the public (who are now able to more fully understand the matters being discussed and voted upon), and dispatched expeditiously.  This month the Board moved through the 25 matters on the agenda without delay.  Little to complain about there.

In the public comment period of the meeting a few modest observations/complaints were voiced to the Board of Trustees that were received for appropriate consideration.

An important reminder of a not-to-be-missed concert was reiterated for those in attendance:

USAF-Concert-Flyer3

With the St. Patrick’s Day parade being held in our village on Saturday the 12th, the Sunday concert is a nice way to finish off the weekend.