December 4, 2014

By:  Progress for Westhampton Beach

A full meeting agenda was routinely handled by the Mayor and the Board of Trustees.  The public hearing on the addition to the village code that will provide for restrictions on vehicles on the beach drew some inquiries.

The Village Attorney, with more sure-footedness than a Flying Wallenda, explained:

The Town Trustees contend they have jurisdiction allowing them to permit motor vehicles on the beaches of Southampton Town.  The Town grants vehicle access to the ocean beaches throughout the year with the only prohibition being from May through September from 9 in the morning to 6 at night.

The Village of Westhampton Beach permits vehicle access to the ocean beach at Lashley Beach between October and mid-December when the fall fishing season closes.

The code provisions will permit village police to regulate those vehicles that traverse the beaches in the Village of Westhampton Beach, whether they have come from another access point at anytime of the year, or from the village access point open only during the fall fishing season.1)perhaps the most important regulation being the 10 mph speed limit

This brief synopsis by Mr. Angel avoided a decent descent2)correction courtesy of polite reader.  Although in looking at the correct word, it would seem it could involve removing mercaptan glands from a skunk! into the arcana of the colonial Dongan patent,3)An historical exposition of the Dongan patent and relevant history is found here in an 1889 New York Court of Appeals case. a topic that years ago Judge Theodore Sharretts, Jr.  could have explained in great deal, if given sufficient time.

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The Board of Trustees authorized the Clerk to publish a notice for bids for the demolition of the unsafe Guldi house at 9 Griffing Avenue.

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The Board of Trustees awarded the Community Development Block Grant as follows:

$2,600.00 to Family Counseling Services

$2,800.00 to HUGS, Inc.

$2,600.00 to WHB Historical Society

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Mr. Shanley of Beach Lane asked the Mayor about burying electrical service lines on Main Street.  Mr. Shanley had advocated  to prior administrations that this be done in conjunction with the construction of the long stymied sewer system.

The Mayor had met with representatives from PSE&G this past Wednesday, and one significant impediment is the requirement that electrical service to many of to the various Main Street establishments must be upgraded.  This is a matter that implicates each shop owner quite directly in the pocket book.  It will require a lot of leg work to make it work, and no doubt will be the subject of future work sessions.

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Upon the recommendation of Village Justice, Robert A. Kelly, Jr., Janet Jurgielewicz was appointed as a Clerk for the Justice Court from the Civil Service list.  Justice Kelly conducted interviews of all eligible and interested candidates for the position and made his recommendation to the Mayor as provided by law.4)Village Law § 4-400 (1)(c):  The Mayor appoints the clerk of the court of the village, if the village has a court, only upon the advice and consent of the village justice  She will succeed Leanne Reilly who has handled the post after the retirement of Warren “Red” Eckart.

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On a seasonal note, one young resident approached the podium to voice her distaste for the white lights decorating the trees on Main Street.  File that under:  De gustibus non est disputandum5)maxim:  in matters of taste it must not be disputed.

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After a pitch to privatize electrical inspections in the village and an illuminating rejoinder by Building Inspector Paul Houlihan, the public meeting was closed with the Trustees entering an executive session to address DPW personnel matters.

References   [ + ]

1. perhaps the most important regulation being the 10 mph speed limit
2. correction courtesy of polite reader.  Although in looking at the correct word, it would seem it could involve removing mercaptan glands from a skunk!
3. An historical exposition of the Dongan patent and relevant history is found here in an 1889 New York Court of Appeals case.
4. Village Law § 4-400 (1)(c):  The Mayor appoints the clerk of the court of the village, if the village has a court, only upon the advice and consent of the village justice
5. maxim:  in matters of taste it must not be disputed.

November 19, 2014

By:  Progress For Westhampton Beach

The public portion of this month’s work session was called to order at 7:00 pm, outside the temperature was near 25 degrees Fahrenheit, but that was far better than the six feet of snow dumped on Buffalo with more snow forecast to be on the way.

Kyle Collins, the village planner, was in attendance to contribute to discussions with respect to repairs and design work on Main Street, and to field questions concerning grocery/supermarket uses in the B-2/B-3 districts and the studies available concerning the possible impact on the village’s B-1 district.1)These matters were on the distributed agenda

The deficiencies of the Waldbaums on Sunset Avenue are no longer seriously disputed, and of late we have only rumors of rumors that a Fairway market might supplant the decrepit store.  The 25,000 square foot supermarket is a millstone at the center of the B-1 District not a cornerstone of a thriving commercial center that attracts customers.  Many find it unacceptable and go elsewhere.

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In the coming months the Board of Trustees will be required to define where it stands on the spectrum from laissez faire indolence to meddlesome intervention in the free market.

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The Board of Trustees has its work cut out for it.  Whatever it does decide and whatever it doesn’t decide will be the subject of comment and criticism.  Hopefully, its work will be informed by legal principles that can serve as guideposts along the way, but these guideposts will never produce “the” answer.  In the end, it will be the industrious efforts of hardworking people that will fill the framework the Board provides for businesses in our village.

Continue reading November 19, 2014

References   [ + ]

November 6, 2014

By:  Progress for Westhampton Beach

As a matter of public interest:  Lashley Beach access has been restored to both the parking lot and vehicle access to the beach as well.  The contractors for the Army Corp. of Engineers have advanced their work1)Kyle Campbell of the Southampton Press took a great series of photographs of the work in progress that can be found at this link west and there is no need for continued restrictions.  Striper season continues until December 15th.

Getting a Striped Bass (1894).

The Board of Trustees Meeting was called to order at 7:00 p.m.  The first matter on the agenda was a public hearing concerning proposed uses for the Community Development Block Grant Funding.  The Director of Hugs, Inc., Kym Laube, made a request for funding to support an after school program in the Middle School that is run by HUGS, Inc.2)Mission Statement:  HUGS, Inc, strives to bring forth high quality youth development and leadership programming to assist young people in successfully navigating their teen years. Areas of specialty include; underage drinking and substance abuse, bullying, self-esteem, leadership, interpersonal skills and strategies for success. Weekend long seminars, day long workshops, and assemblies are offered to schools and communities upon request. Daily we house an after-school program for middle school youth which is designed around safe supervised recreation and opportunities to build and enhance personal development skills

Hugs Inc Ms. Laube provided the Trustees with a report detailing the success of the program in the preceding year.  No one else wished to be heard and the hearing was closed.

The Board of Trustees directed that five public hearings be noticed to permit public comment on changes to the Village Code that:

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  • that increases the school zone speed limit on Mill Road from 15 mph to 20 mph.  No new signs will be required because the zone has always been posted as a 20 mph zone
  • will prohibit sleeping in any stationary motor vehicle between the hours of 2:00 a.m. and 5:00 a.m. on any street, park, or parking area owned or controlled by the village.

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  • will now permit stopping and standing on both sides of Lilac Road to accommodate parents picking up and dropping off students at the high school.  Parking is still prohibited during some hours.

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  • prohibits the operation of motor vehicles on the beach between the hours of 9:00 a.m. and 6:00 p.m. from May 15th through Sept. 15th along with other restrictions concerning the operation of vehicles on the beach.

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The Board of Trustees took further action on the special exception application submitted by CVS.  The Village Attorney has advised the Trustees that the application for a special exception constitutes an “Unlisted” action under the New York State Environmental Quality Review Act (SEQRA) and the Trustees Resolved that the Clerk is to provide notice to other involved agencies as required by state regulations.  The attorney for CVS, John Bennett, Esq., interjected that he objected and said that he did not consider the action an Unlisted Action, but instead a Type II action that does not require any further review.  The Board has determined that SEQRA review is required and will proceed.  The Board of Trustees retained Community Land Use-Economics, at the expense of the applicant, to conduct a market and municipal impact study with respect to this application for a special exception.

Counsel for CVS had previously advanced his opinion that the Village’s Special Exception law is legally flawed insofar as it requires a market study to consider the effects on the local market including market share.   The Board of Trustees retained the services of Nelson, Pope & Voorhis to examine the propriety of the criteria in the special exception law, and review whether the requirements for the special exception appropriately implement the existing Master Plan.

In the public comment portion of the meeting

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 Irina Richardson, a current member of the Architectural Review Board, stated that she had heard rumors that the Trustees might dissolve the police department. Ms. Richardson advised against it.  Remarking on her background in law enforcement she endorsed hiring Lt. Trevor Gonce provisionally as the next Chief of Police for the Village.  The Mayor told Ms. Richardson that the Trustees are working on it and the matter will be resolved soon.

Former Village Attorney Herman “Bo” Bishop asked why the Trustees were hiring  Nelson, Pope & Voorhis to review the special exception law.  Village Attorney, Anthony Pasca, Esq., explained that there has been a legal challenge advanced by counsel for CVS and that the review was prudent.

References   [ + ]

1. Kyle Campbell of the Southampton Press took a great series of photographs of the work in progress that can be found at this link
2. Mission Statement:  HUGS, Inc, strives to bring forth high quality youth development and leadership programming to assist young people in successfully navigating their teen years. Areas of specialty include; underage drinking and substance abuse, bullying, self-esteem, leadership, interpersonal skills and strategies for success. Weekend long seminars, day long workshops, and assemblies are offered to schools and communities upon request. Daily we house an after-school program for middle school youth which is designed around safe supervised recreation and opportunities to build and enhance personal development skills