Click on a date below to view the full text of the Newsletter / Mayor's Report. A new window will open.

(March 22, 2010) Mayor Pat Irving announced today that the Village of Asharoken has won a lengthy court battle over health care benefits for retired employees, appointees and elected officials.

Shortly after taking office in July 2008, Mayor Irving began an investigation of persons enrolled in the NYS Empire Plan, the health insurance carrier for the Village. The Empire Plan is considered one of the premier health insurance policies in the country. Village records indicated that several persons and families were participating in the Village health care coverage that were not employees of the Village. These included the former Mayor William Kelly, former Clerk Dorothy Aiello, the spouse of former Trustee Pete Fauser and several appointees under the Kelly administration; some of whom were never employed by the Village or had a no-pay, no-duties appointment with a title. Some of the former appointees were never eligible to participate in the health plan even when they were active appointees of the Village. The health coverage was either paid for or subsidized by the Village.

In October 2008, Mayor Irving put forth a series of resolutions, passed by the Village Board that immediately terminated health care coverage for appointees, former elected officials and retirees that did not have a contractual right to health care in retirement. There were as many as eleven individuals or families that were improperly taking advantage of the benefits. Seven were terminated, but Kelly, Aiello, and Fauser brought suit against the Village asking the New York State Supreme Court to bar the Village from terminating their benefits.

Village Attorney Kenneth Savin, who defended the Village, said "The petitioners claimed they had vested rights to the coverage under New York State Civil Service Law. The Village's position was that Civil Service law only set forth minimum eligibility requirements for participation in the plan. Some of the participants in Asharoken's plan never met those minimum eligibility requirements. Once the minimum eligibility requirements are met, only the Village Board can permit the participation. In this case, no Village Board in Asharoken ever permitted such participation. The petitioners took it upon themselves to give themselves that benefit." The Village's position was well-supported by previous case law and the Court agreed. Supreme Court Justice Jeffrey Arlen Spinner last week issued a decision dismissing the suit against the Village.

Mayor Irving said the savings to the Village is substantial. "The Village has saved over $17,200 in the first year and the savings increases each year as the cost of health care increases. Not only was the Village paying for benefits for these individuals and their families, but it was also subsidizing Medicare coverage for retirees and former appointees and spouses over 65".

In a related matter, Kelly and Aiello sought the contents of a subpoena issued by the Suffolk County District Attorney's Office under the Freedom of Information Law (FOIL). The Village refused to disclose the contents of that subpoena, claiming an exemption to FOIL regarding pending investigations . The Court agreed with the Village and dismissed that action.

Dear Residents, Property Owners and Neighbors,

As you well know, Asharoken Village suffered substantial damage in the storm last weekend. There were several breaches of the sand dunes along Asharoken Avenue and the sea wall, just south of Bevin Road, failed in two places. One portion of the wall completely collapsed. The roadway and shoulders had become undermined and the road was impassable.

I declared a State of Emergency on Saturday evening which lasted until Thursday evening. This enabled the Village to take unusual actions in order to get the Village back in order as expeditiously as possible. All other Village regulations regarding construction and permit requirements have remained in effect.

The roadway and shoulder of Asharoken Avenue has been temporarily repaired. Asharoken Avenue is again open to two way traffic. Residents should keep in mind that the repairs to the roadway are only temporary in nature. The damages to the sea wall are extensive and it is likely that the temporary repair work will be affected by any adverse weather conditions at times of high tide. As a result, additional damage, road closures and delays should be anticipated. Traffic on Asharoken Avenue should continue to be limited to only essential travel. It may be several months before lasting repairs are completed.

One of the major impediments to travel on Asharoken Avenue during and after the storm was the amount of debris washed up onto the roadway. Police and Emergency Vehicles were easily able to drive over sand and beach grass, however, the numerous chairs, boats, tables and all other items that were left on the beaches had to be removed from the roadway. Effective immediately, no such items shall be permitted to be left on the beach at this time. The Village Board of Trustees will enact new rules for storage of items on the beach. Constructing anything over, under or on the dunes is already prohibited by our Village Code and NYS Department of Conservation Law. These laws will henceforth be strictly enforced.

We recognize there is extensive debris still left on the beach and beach lots. The Village is not permitted to enter private property in order to clear this debris. The Village can remove the items if they are placed at the normal location for trash pick-up. Beginning Monday, March 22, we will have a one-time-pickup of beach debris along the roadways. Beach lot owners should place such debris along Asharoken Avenue on the bay side (parking) of their lots. Please take notice that only debris from the beach should be placed for this pickup. Any non-beach debris items will be left and the property owner will be subject to a summons. Property owners may wish to secure all combustible wood items for their July 4th bonfires.

This short notice is due to the fact that the debris may wash off the beach and the Village’s ability to obtain reimbursement of this expense is limited. We encourage all residents and property owners to cooperate with one another in cleaning all beaches.

As you might expect, the Village has and will continue to incur unexpected costs in connection with this storm. Damages have not been this severe since the storm of 1992. Any federally funded project requires a portion of its cost to be paid by the Village. Although the Village Board held a hearing on the budget on March 1, the Village Board will have a working session on Monday March 22 and may present an amended proposed budget at our next regularly scheduled Board of Trustees meeting on Monday, April 5.

Thank you for your continued patience and cooperation.

Sincerely yours,

Pat Irving, Mayor