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Lawsuit

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A 2018 Stony Brook University graduate has filed a lawsuit against a Stony Brook history professor claiming he verbally and sexually harassed her while giving preferential treatment to the male students over female students.

Erin Mosier, 24, filed a $3 million suit under Title IX of the Education Amendments of 1972 in Manhattan federal court Aug. 9 saying that Stony Brook associate professor Larry Frohman sexually harassed her and degraded her for her looks and gender, sometimes together during his office hours and other times in front of her peers during class.

Mosier enrolled at Stony Brook for the Fall 2015 semester desiring to become a teacher. She entered in the social studies education program in spring 2016 where Frohman was the sole undergraduate adviser, according to the court filings.

The lawsuit claims that during Mosier’s first semester at Stony Brook she took a class with Frohman and within weeks he started to privately and publicly make demeaning comments at Mosier based on her looks. The comments continued on into 2017 during her time in the social studies program. At one point during office hours Frohman told Mosier she “talks too much,” and that “all women should use their mouth for men’s pleasure.”

The lawsuit also alleges on another occasion April 2017 that after applying oil to her hands to calm herself, Frohman stated to her in front of her class, “What would calm me down is taking you through a ride on the beaver car wash with me,” alluding to a sexual act with Mosier.

Mosier’s legal representative, Brian Heller, an attorney from Manhattan-based Schwartz Perry & Heller LLP that focuses on employment harassment and discrimination law, said with this case he hopes more people will speak out about sexual harassment in education.

“These are the kind of painful experience that can destroy a young person’s confidence and impact them for the rest of their lives,” Heller said. “I hope that by coming forward [Mosier] is able to reclaim part of her self-worth and her confidence.”

The suit further claims Frohman gave preferential treatment to male students, giving higher grades to male students on average rather than female students. The lawsuit also claims the professor partnered women together on projects and not men as a sign of Frohman’s belief in their capabilities.

Frohman has not responded to requests for comment by press time.

The lawsuit continues that Mosier brought her complaints to Paul Gootenberg, the history department chair of the social studies program, but that he first asked Mosier “What is your appearance and how are you acting to be treated like this?” and that he further commented about how she was not the first to bring complaints to him about Frohman.

Gootenberg declined to comment saying the university does not comment on pending personnel questions.

The suit claims Mosier’s Title IX complaints were mishandled by the university, that the investigation took six months instead of a promised 60 days to finish the investigation and that the office did not adequately give information as to the status of her complaint. On Oct. 30, 2017, Mosier received a letter from the Title IX office saying the case was “closed” and her complaints were “substantiated” but she did not receive any details on what actions the university would take against the professor.

Stony Brook spokeswoman Lauren Sheprow said that the university does not comment upon ongoing litigation.

“The university does have policies and procedures in place to fully investigate claims that are brought to our attention,” Sheprow said.

Heller said he is still waiting for Stony Brook to be formally served and initial hearings won’t begin until December.

Northport power plant. File photo

Long Island Power Authority has won the latest battle against the Town of Huntington in the lengthy legal war over Northport Power Station’s value.

New York State Supreme Court’s Appellate Division has reinstated LIPA’s right to pursue a lawsuit against the Town of Huntington regarding the amount of taxes levied against the Northport power plant, reversing a September 2015 decision made by a lower court. A panel of judges ruled Aug. 8 LIPA does have legal standing to be a plaintiff in the 2010 lawsuit it filed jointly with National Grid.

“We believe the appellate court’s decision is correct.”

— Sid Nathan

“We believe the appellate court’s decision is correct,” LIPA spokesman Sid Nathan said. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable tax situation back on a sustainable path.”

In September 2015, state Supreme Court Justice John Bivona issued a decision dismissing LIPA’s standing as an initiating plaintiff in the tax certiorari case, since National Grid — and not LIPA — is the owner of the plant. Bivona had written that while LIPA believed its financial interests are adversely impacted by a wrongly overstated assessment of the power plant, “the result is still remote and consequential and certainly does not constitute a direct loss because the property taxes levied upon the Northport Power Station are actually and directly paid by National Grid Generation LLC.”

LIPA filed an appeal of Bivona’s decision in 2015. The utility has asserted while National Grid does own the power plant, the station is under contract with LIPA. Under the contract, LIPA is required to pay all costs to run the power plant — including the $80 million in annual property taxes to the Town of Huntington — and provide necessary fuel, for which in return it receives all electricity generated for its customers.

The utility company claims that its costs to operate the Northport Power Station including the taxes on it exceed the total revenue, resulting in LIPA referring to it as a “significant burden to LIPA’s customers.”

We’re reviewing the order from the appellate division and we’re considering an appeal.”

— Nicholas Ciappetta

With LIPA’s legal status reinstated as a party of interest on the tax certiorari case, the issue of the property tax-assessed value of the power plant could proceed to trial.

However, Huntington Town Attorney Nicholas Ciappetta has said he plans to carefully review the appellate court’s decision.

“We believe this has been wrongly decisioned,” Ciappetta said in a statement. “We’re reviewing the order from the appellate division and we’re considering an appeal.”

This latest legal decision comes less than a month after Huntington voted July 17 to hire a neutral third-party mediator, Marty Scheinman, in an attempt to reach a resolution with LIPA, National Grid and Northport-East Northport school district. The town agreed to pay Scheinman $1,150 an hour in addition to covering all out-of-pocket expenses, such as transportation and a one-time administrative fee, the total bill will be split among all parties in the mediation. 

Mediation has not yet started, but the first session is slated for Sept. 26, according to Chiappetta.

Update: Additional information was added to further clarify that the town will be splitting the costs of the third-party mediator. 

From left, New York State Assemblyman Andrew Raia and Democratic challenger Michael Marcantonio. File photo, photo from Facebook

New York 12th Assembly District Democratic candidate is facing allegations that he has not lived in the state long enough to run for office.

District residents Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit July 25 in New York State Supreme Court contending Democratic challenger Michael Marcantonio does not meet New York’s residency requirements.

When you change your car registration and open up a new voting registration in another state and that state says you must be resident of that state to vote, that’s pretty clear cut for me.”

— Andrew Raia

Under state law, any candidate for state office must show he or she has resided within the state for a minimum of five years and in the assembly district for one year.

Current state Assemblyman Andrew Raia (R-East Northport) said the more contentious issue in the lawsuit is whether Marcantonio, 31, has been a resident for the mandatory five years.

Marcantonio attended law school at Duke University in Durham, North Carolina, where he registered to vote in the 2012 presidential election as an enrolled student from 2012 to 2015.

“When you change your car registration and open up a new voting registration in another state and that state says you must be resident of that state to vote, that’s pretty clear cut for me,” Raia said.

In a July 30 press conference at Cow Harbor Park in Northport, Marcantonio said he believes his right to run is protected under the U.S. Supreme Court decision Symm v. United States (1979), which he said allows for students right to vote without losing their residency.

“Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker,” he said.

Marcantonio remained on North Carolina’s voter lists until he graduated with his legal degree in 2015, He changed his registration to New York for the 2016 presidential primary, and cast a ballot in the last Northport school board election.

The Democratic candidate said if he loses the lawsuit, he fears it could bar young people from voting while attending out-of-state school and then coming back to run for office.

“What we’re seeing today is an assault on young people,” Marcantonio said. “If we lose this lawsuit every single New Yorker who goes out of state for school and [vote,] they would be barred from running for office for five years after they graduate school.”

Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker.”

— Michael Marcantonio

Raia said that if anyone wants to run for office after they attend school out of state that they should send absentee ballots. Marcantonio countered that filing absentee ballots is too difficult for young people because they have to get it notarized. One has to get a absentee ballot notarized in South Dakota and North Carolina, according to Vote.org.

Raia said Marcantonio does not primarily reside in Northport, but rather lives in a New York City apartment closer to where he works at the law firm Kirkland & Ellis. Marcantonio has taken an unpaid leave of absence from his job to campaign, saying his main residence is his Northport family home, Marcantonio said he keeps a city apartment to use when he’s too tired to travel after work.

Raia also argued that Marcantonio is not well connected to the district. Marcantonio had raised more than $100,000 by July, more than double Raia’s campaign, according to financial disclosures filed with the state Board of Elections. Yet, only approximately $1,500 of the Democrat’s war chest came from nonfamily members in the voting area. Marcantonio said he expects his campaign to acquire more local donations in the months before the election.

Judge Richard Horowitz of the New York State Supreme Court is presiding over the case. The date was postponed but both parties are now due in court Aug. 17.

Marcantonio said he expects to win the lawsuit. “Northport is a great place to grow up — it made me who I am today,” he said. “I want to spend the rest of my life here, raise kids and send them to the same great schools I went to.”

Northport power plant. File photo

Huntington town elected officials refused to entertain a request to hire additional legal help in its lawsuit against Long Island PowerAuthority, despite calls from Northport residents for help.

Huntington Councilman Gene Cook (R) offered a resolution at the June 5 town board meeting to hire Manhattan-based law firm Boies Schiller & Flexner LLP as additional legal counsel in the town’s pending tax certiorari case with LIPA and National Grid over the Northport Power Station as the case heads to trial in July.

“I believe this is a very needed law firm to hire at this point,” Cook said. “For the money that this law firm would [cost], it’s a whole lot less than the hundreds of millions we stand to lose.”

For the money that this law firm would [cost], it’s a whole lot less than the hundreds of millions we stand to lose.”
– Gene Cook

A request to hear and vote on a measure was shot down by a 3-2 vote, by Supervisor Chad Lupinacci (R), Councilman Mark Cuthbertson (D) and Councilwoman Joan Cergol (D).

“There are hundreds of thousands — millions of dollars at stake now in this case,” Lupinacci said. “Huntington has been fighting hard on behalf of the taxpayers. We will continue to use all legal options at our [disposal] to make sure LIPA and National Grid honor their contractual promises.”

LIPA filed a tax certiorari lawsuit against the town assessor’s office in 2010 seeking a 90 percent reduction in the tax assessed valuation of its Northport Power Station, and seeking repayment of all taxes it claims to have overpaid since 2010 — currently amounting to more than $550 million and growing.

Cook said the Manhattan-based law firm is one of the top litigation firms in the nation, although admittedly not specialized in cases related to power plants.

“We are losing a huge opportunity and it will hurt everyone out there by not doing this,” he said.

Several prominent Northport residents had pleaded with the town officials to support Cook’s resolution Tuesday afternoon including Northport school board trustee David Stein, who spoke as a private resident in support of the measure.

The army of attorneys, lobbyists and PR titans that we are against now requires an outsized army of our own.”
– David Stein

“LIPA and National Grid have brought in a veritable army of lawyers, lobbyists and [public relations] attack dogs,” Stein said, painting an image of a David-versus-Goliath fight. “The army of attorneys, lobbyists and PR titans that we are against now requires an outsized army of our own. And so, I urge you to engage the services of the biggest, best, brightest and most well-known in all of these areas now.”

Under Cook’s proposed contract, attorneys from Boies Schiller & Flexner would have been paid an hourly rate of not more than $1,650 an hour to assist the town’s current legal representatives from Lewis & Greer P.C. in determining a strategy and arguments for the upcoming trial. These accumulated attorney fees could not be bonded under state law, according to the town supervisor, but would have required dipping into the town’s capital reserves.

“If spending $1,650 were a silver bullet that would achieve something here, I would do it,” Cuthbertson said. “The law firm Cook would like to hire has absolutely no experience in tax certiorari cases that involve power plants.”

Lupinacci said he was willing to consider looking into other prominent litigation law firms which might be able to serve the town at a lower cost.

“Sometimes when [law firms] look at a municipality, they believe they are looking at deep pockets,” the supervisor said. “We have to do some outside the box thinking and leave no stone unturned.”

If spending $1,650 were a silver bullet that would achieve something here, I would do it.”
– Mark Cuthbertson

Northport Village Deputy Mayor Thomas Kehoe and Northport resident Tammy Topel both urged the Huntington town officials to take more aggressive action in light of additional information that has become public — spoken widely about by Cook — calling the Northport Power Station a hub through which natural gas lines and fiber optic networks for internet pass through.

“I believe these are misguided attempts to incorporate other aspects into the valuation process that just aren’t there,” Cuthbertson said. “It’s a red herring and unfair to the public.”

Cook vehemently disagreed with his fellow councilman in open debate.

The town is moving forward by pursuing help from its state elected officials, according to the supervisor, including scheduling a meeting with New York Gov. Andrew Cuomo (D) to garner his support for a resolution to the case. Lupinacci said the town still remains open to negotiations.

“We are always speaking with the other side to see if there is some kind of resolution, but we are probably not going to achieve a resolution that is going to be beneficial to the taxpayers of Huntington and to our students,” Lupinacci said. “We are prepared to take this case to trial.”

Judge rules to adjourn June 11 trial date for LIPA versus Town of Huntington

Northport power plant. File photo

Northport school officials are inviting all district residents to a community meeting May 30 to address the potential impact of its lawsuit against Long Island Power Authority.

Northport school district will host a “call to action” community forum Wednesday at 8 p.m. in the auditorium of Northport High School. Superintendent Robert Banzer will provide residents with a brief update on the status of the district’s lawsuit against LIPA, legislation and what steps it can take to make sure resident’s concerns are being heard. The high school is located at 154 Laurel Hill Road in Northport.

This is the second meeting the school district will hold this month to address concerns over the LIPA lawsuit. School officials held a May 1 meeting where attorney John Gross presented his argument on why the utility company should be forced to uphold a 1997 promise not to attempt to lower the taxes on the Northport power plant.

LIPA has filed a lawsuit that is currently pending against the Town of Huntington to lower the Northport Power Station’s assessed tax valuation by 90 percent along with a reimbursement of all overpaid taxes since 2010. The Town of Huntington and LIPA appeared in court May 29 after which the judge adjourned the previously scheduled June 11 trial date, according to town spokeswoman Lauren Lembo at 1:10 p.m. Tuesday.

No additional information was immediately available on why the June 11 court date was adjourned.

Councilman Eugene Cook calls for residents to launch letter-writing campaign to Huntington Town officials

Northport power plant. File photo

Town of Huntington officials are moving toward making a power play against Long Island Power Authority and National Grid to take over control of the Northport power plant.

Councilman Gene Cook (R) has called for town residents to participate in a letter-writing campaign asking Huntington’s elected officials to consider utilizing eminent domain to take control of Northport power plant.

His proposal comes days after LIPA allegedly submitted documents to Suffolk County Supreme Court for its pending lawsuit against the town, in which it disputes the tax value of the plant, claiming the structure only has a fair market value of $193 million, according to Cook.

“Their estimate is so far out of wack on it, they are almost like giving us the plant,” the councilman said. “If they want to give it to us, I want to take it.”

Cook said he thinks the Northport facility is one of the biggest power plants in the Northeast, which will become more valuable with future improvements. He estimated the power station could produce $5 billion in revenue per year for the town if it took over operation of the facility. He suggested the name “Huntington Power Service Company.”

“We want to serve our residents, not be an authority over them like LIPA has done,” Cook said. “They have taken LI Power Authority as ‘we have authority over everyone.’” 

Their estimate is so far out of wack on it, they are almost like giving us the plant.”

— Eugene Cook

The councilman drafted a resolution he said he plans to present at the May 17 town board meeting for Huntington to hold a public hearing. If approved, a hearing will be held June 5 at 2 p.m. for residents to voice their thoughts and concerns on the acquisition of the plant from National Grid, which is the owner of the power station.

“The basis of this acquisition will be for the purpose of delivery to the public of electrical power in a safe and cost-efficient manner,” reads the draft resolution.

Under New York State law, the town must publish its findings and determinations on the proposed acquisition from the public hearing within 90 days. The Town of Huntington is due in court to face LIPA less than a week later June 11.

“We are looking at every facet of possibility here when looking at the LIPA situation because it’s a very serious situation,” Supervisor Chad Lupinacci (R) said. “Any possibility that comes up we will review with our attorney — we will review it with experts to see if it’s feasible.”

Even if the town initiated the process of obtaining the power plan via eminent domain, it would not resolve the town’s lawsuit with LIPA. In addition to seeking a 90 percent reduction of taxes on the power plant, LIPA is asking for the town to reimburse it for alleged overpayment of taxes each year since it filed the claim in 2010 — totaling more than $500 million.

“Let’s save the consulting and legal expenses of evaluating this idea, which would be fiscally disastrous to the town, its taxpayers and wouldn’t resolve the pending tax certiorari litigation,” LIPA spokesman Sid Nathan said in a statement.

Let’s save the consulting and legal expenses of evaluating this idea, which would be fiscally disastrous to the town, its taxpayers and wouldn’t resolve the pending tax certiorari litigation.”

– Sid Nathan

LIPA disputes that the Town of Huntington could turn a profit operating the station, claiming Northport power plant is operated at a loss. The power company said its contract with National Grid requires it to pay all costs to run the plant — including $80 million in annual property taxes leveraged by the Town of Huntington — which exceeds its revenue. LIPA also stressed that if Huntington took control of the plant, all beneficial tax revenue would cease, leaving residents to pay more for their government services.

“We hope the town will join with other local communities on Long Island that are working with LIPA to reach a fair settlement offer that puts an unsustainable property tax situation at the Northport plant back on a sustainable path,” Nathan said.

The Town of Brookhaven and Village of Port Jefferson both announced they had reached settlements over the tax assessed value of the Port Jeff plant with LIPA in early April.

If the lawsuit is decided in LIPA’s favor, the utility company estimates that Town of Huntington residents would see their taxes increase by $62 a month, with Northport-East Northport school district residents responsible for an additional $210 to $220 per month.

Lupinacci has said the town remains open to bargaining with LIPA, while Cook said the only negotiation he is for is LIPA agreeing to withdraw its lawsuit.

“I will fight to the death on this one,” Cook said. “Either they want to be good neighbors or they don’t. If they don’t, they can hit the road.”

Northport school district attorney John Gross explains the LIPA lawsuit to residents at a May 1 presentation. Photo by Sara-Megan Walsh

By Sara-Megan Walsh

Northport residents are gearing up for a David-versus-Goliath showdown as school district officials will call on Long Island Power Authority to uphold its promise in Suffolk Supreme Court next week.

Northport-East Northport school district attorney John Gross will present his argument May 9 on why the utility company should be forced to uphold a 1997 promise not to attempt to lower the taxes on the Northport power plant.

As both the district and LIPA’s attorneys have asked for summary judgments, or immediate decision in their favor, Gross explained at a May 1 presentation at Northport High School to the public there could be a decision made that significantly impacts district taxpayers days before the 2018-19 budget vote.

“If there is a substantial reduction in taxes, the impact shifts to the individual taxpayers,” Gross said at the May 1 presentation. “That is the threat. That is the concern of which the school district has spent a lot of time and effort combating.”

If there is a substantial reduction in taxes, the impact shifts to the individual taxpayers.”
– John Gross

LIPA currently pays more than $81 million annually in taxes on the Northport power plant, according to a statement from the utility company. The school district receives approximately $53 million per year in tax revenue from the power plant’s taxes, which would pay for less than 40 percent of the district’s proposed $146 million tax levy for the 2018-19 school year.

“The $81 million tax burden on the Northport plant is not sustainable, especially as the output of the Northport plan is forecast to continue to decline, as more solar and wind energy is added to the electric grid,” LIPA said in a press release.

In 2010, LIPA filed a tax certiorari lawsuit against the Town of Huntington’s Assessor’s Office seeking a 90 percent reduction in the power plant’s taxes. The trial is scheduled to begin June 11.

Gross explained to residents in his May 1 presentation that Northport school district doesn’t have any standing in that lawsuit, but is a mere bystander because the Huntington Town assessor determines the assessed value of the plant, which is currently set at $30,255,550.

“The plant we believe is worth well over $3 billion,” Gross said, speaking to its fair market value.

In 2011, the district’s attorney filed a lawsuit against LIPA claiming it is the third-party beneficiary of a “promise” made in the 1997 Power Supply Agreement between LIPA and National Grid.

Gross pointed to Article 21.16 of the contract that reads the utility company, “may challenge any property tax assessment on its generating facilities or generating facility sites only if the assessment on any such challenged facility is increased not in an appropriate proportion to the increase in value related to taxable capital additions.”

The district’s attorney said he believes LIPA illegally broke contract when it filed the lawsuit against the Town of Huntington to lower taxes on the plant in 2010.

“From 1997 to today, [their taxes] have not been moved one dollar,” Gross said. “It has not been increased.”


Tax Impact of LIPA lawsuit
Assuming 2 percent school tax increase per year and average home assessed value of $3,700

If LIPA wins 90 percent reduction:
– 57.86 percent increase after 2 years
– 67.53 percent increase after 5 years
-81.33 percent increase after 9 years

LIPA settlement offer of 60 percent reduction over 9 years:
– 9.57 percent increase after 2 years
– 26.37 percent increase after 5 years
– 54.66 percent increase after 9 years

LIPA settlement offer of 9-year reduction to $28 million in taxes:
– 12.46 percent increase after 2 years
– 32.11 percent increase after 5 years
– 60.18 percent increase after 9 years

LIPA has refuted this claim for the last seven years. It stated that, “The alleged promises to the school district are not enshrined in the Power Supply Agreement between LIPA and National Grid or any other contract documents.”

Gross said his legal team has deposed 17 individuals on the 1997 Power Supply Agreement and what it contains, and filed more than 60,000 pages of documents with the courts. These documents point to the several 1997 events where former LIPA chairman Richard Kessel spoke with Northport school administrators and Huntington Town officials. Among them is correspondence sent between LIPA, federal agencies and elected officials including documents submitted to the Internal Revenue Service.

“They put the promise in black and white in submissions to the IRS that taxes would not be affected for the host communities — us,” Gross said.

The utility company’s defense is that the original PSA expired May 28, 2013, which was replaced by a new agreement that runs through April 2028. Therefore, the promise claimed by the school district expired nearly five years ago.

Gross claimed LIPA and National Grid said they renewed their original contract in 2013 through 2028, which should extend their promise to the school district for another 15 years.

The alleged promise contained in the 1997 Power Supply Agreement will take front and center stage in the court arguments May 9.

Gross warned residents they’re facing three potential outcomes next week. First, that the judge agrees with Northport’s position, keeping tax rates steady and LIPA will likely appeal. Second, the judge finds for LIPA that there was never a promise made to the schools.

“If it’s decided for LIPA, we are in deep trouble,” Gross said.

Third, if the judge decides both parties have raised significant issues then she can schedule the case to go to trial.

“I feel like we’re on our own in this,” said Michael Marcantonio, of Eaton’s Neck. “If we lose this case it will devastate our community.”

State Sens. John Flanagan (R-East Northport) and Ken LaValle (R-Port Jefferson) introduced legislation April 20 that could help mitigate any potential impact of the lawsuit on Northport taxpayers, and the other
municipalities and school districts battling similar disputes with the utility. The bill seeks to lengthen the time frame over which LIPA’s taxes would be gradually reduced from nine years to a proposed 15 years. In addition, it would grant the municipal governments and school districts who lose a tax assessment challenge to LIPA after April 1, 2018, access to the state’s electric generating facility cessation mitigation program. This way, town government and schools could create reserve funds to mitigate the burden on their taxpayers.

They put the promise in black and white in submissions to the IRS that taxes would not be affected for the host communities — us.”
– John Gross

Northport Superintendent Robert Banzer encouraged residents to reach out to their state
assemblyman and encourage them to push the legislation forward before this year’s session ends June 30.

“We are strenuously working on this from multiple arenas in both the court of law but also the legislation that’s been proposed,” Banzer said. “I want to thank those of you that are advocating for this legislation, as again, we want to cover this on as many fronts as possible.”

A spokesperson for state Assemblyman Andrew Raia (R-East Northport) said Raia had reached out to his fellow Assemblyman Steve Englebright (D-Setauket) to see if he would review the legislation and introduce it as a member of the house’s majority party. If not, Raia would sponsor it.

If LIPA were to win its lawsuit for a 90 percent reduction of taxes against the Town of Huntington, Gross said Northport homeowners whose homes have an assessed value of $3,700 could see their school taxes jump by as much as 81 percent over the next nine years.

Banzer said the district still remains open to negotiation of a settlement.

Brookhaven Town Supervisor Ed Romaine (R) announced April 3 that the town government had reached a settlement with LIPA on its assessment lawsuit over the Port Jefferson power plant. Port Jefferson School District officials called this news “deeply troubling.”

District to hold May 1 community forum to discuss status of lawsuit over power plant’s tax assessment

Northport High School. File photo

Northport school officials are calling for Long Island Power Authority to uphold a decades-old promise over taxes on its power plant as a June trial date looms.

Superintendent Robert Banzer has called for LIPA to stand by a 1997 agreement made between the district, the utility company and former New York State Gov. George Pataki (R) in an April 16 letter to community residents. Banzer alleged the power company had agreed not to seek to lower the assessed tax value of the Northport power plant as long as local authorities did not abusively increase it over time.

“While it is a very complex issue that goes back to the 1990s, it boils down to one simple premise: LIPA made a promise to our school district and we are fighting hard to make sure they, and others, continue to fulfill their promise,” Banzer wrote in the letter.

LIPA made a promise to our school district and we are fighting hard to make sure they, and others, continue to fulfill their promise.”
– Robert Banzer

In 2010, LIPA and National Grid filed a lawsuit against the district challenging the assessment of the power plant and demanding a 90 percent reduction in taxes, also seeking the difference in tax refunds retroactively.

“Obviously, a 90 percent reduction to the power plant’s assessment would be devastating to the school district, its residents and most importantly, our students,” Banzer wrote.

The district currently receives about 38 percent of its overall revenue from the taxes paid on the Northport power plant, or the equivalent of nearly $53 million per year.

The superintendent said the district has been involved in settlement discussions with LIPA “which at this point, has not yielded a reasonable resolution.” The utility company’s latest proposed settlement would be a 50 percent reduction in taxes over a nine-year period, according to the
superintendent, which would increase the tax burden on district residents by millions per year. Banzer said if this proposal took effect, the schools would be forced to “make additional modifications, including cutting programs and staff significantly.”

In his letter to residents the superintendent stated that the district remains open to negotiating a settlement with LIPA. He did not respond to requests for further interviews.

The two parties have limited time to reach an agreement as a state supreme court trial is slated to begin in June.

Obviously, a 90 percent reduction to the power plant’s assessment would be devastating to the school district… ”
– Robert Banzer

State senators John Flanagan (R-East Northport) and Ken LaValle (R-Port Jefferson) introduced legislation April 20 that could help mitigate any potential impact of the lawsuit on Northport taxpayers. The bill seeks to lengthen the time frame over which LIPA’s taxes would be gradually reduced from nine years to a proposed 15 years. In addition, it would grant the municipal governments and school districts who lose a tax assessment challenge to LIPA after April 1, 2018, access to the state’s electric generating facility cessation mitigation program. This way, town government and schools could create reserve funds to mitigate the burden on their taxpayers.

Other municipalities, villages and school districts have had better success in bargaining with the utility company to varying degrees. Brookhaven Town Supervisor Ed Romaine (R) announced April 3 that the town government had reached a settlement with LIPA on its assessment lawsuit over the Port Jefferson power plant. Port Jefferson School District officials called this news “deeply troubling.”

“This decision will … place the school district in harm’s way,” the district’s statement said.

A community forum will be held May 1 at 7 p.m. in Northport High School’s auditorium where district taxpayers can learn about the potential impacts of the LIPA lawsuit on their school taxes and their children’s education as it moves forward.

 

An entrance ramp onto the Southern State Parkway which shows signs warning of no commercial vehicles allowed and the overheight vehicle detector system. Photo from Gov. Cuomo's Office

By Sara-Megan Walsh

The parents of two Huntington teens seriously injured when a coach bus slammed into a Southern State Parkway overpass are suing the driver and transportation company.

Frank and Allison Sgrizzi filed the first lawsuit April 11 seeking $5 million for the traumatic injuries suffered by their 17-year-old daughter, Samantha, in U.S. District Court for the Eastern District of New York.

Samantha Sgrizzi was one of dozens of Huntington High School students coming home April 9 from a spring break trip to Eastern Europe on a coach bus traveling from John F. Kennedy International Airport headed to Walt Whitman Mall in Huntington via the Belt and Southern State parkways. The coach bus slammed into the Exit 18 Eagle Avenue overpass — which has a 7-foot, 7-inch clearance — sheering off the vehicle’s roof and sending debris raining down on students.

The teenager was impaled by a piece of debris and fractured her right femur in the crash, according to court documents. She was brought to a nearby hospital for immediate surgery.


Lawsuit #1
Filed by: The Sgrizzi family, of Huntington
Injured:  Samantha Sgrizzi, 17
Injuries: fractured femur, impaled
Seeking: $5 million

The lawsuit accuses the tour company; the driver, Troy Gaston of Bethlehem, Pennsylvania; and the transportation company, Journey Bus Lines, of being “negligent and careless in failing to take proper and suitable precautions to avoid the crash herein, not limited to, failing to provide, obtain and/or utilize a global position system suitable and certified for use by commercial vehicles.”

Attorney John Giuffré, who is representing the Sgrizzi family, has requested the case be heard by a jury. Giuffré did not respond to requests for an interview on the case.

On April 13, Huntington father Richard Bonitz also filed a lawsuit against the driver and bus company seeking monetary compensation for the injuries suffered by his daughter in Nassau County Supreme Court.

Erin Bonitz, 17, received a traumatic brain injury, facial fractures and several lacerations as result of the bus crash, according to attorney Robert Sullivan of Garden City. Sullivan said she was treated immediately at Long Island Jewish Medical Center in Queens and has since been released home where she is continuing her recovery.

The lawsuit accuses Gaston of ignoring clearly posted signs warning of Eagle Avenue overpass clearance height and “negligently using a noncommercial vehicle GPS device” which directed him to take a route utilizing the Belt and Southern State parkways, according to court documents. New York state law prohibits buses and commercial vehicles from traveling on these limited-access parkways.


Lawsuit #2
Filed by: The Bonitz family, of Huntington
Injured:  Erin Bonitz, 17
Injuries: head injury, facial lacerations
Seeking: trial by jury for monetary damages

They also seek to hold Journey Bus Lines responsible for the accident for its failure to equip the coach bus with a commercial GPS system. The Federal Motor Carrier Safety Administration advised transportation companies to install these systems in 2013, as it has the capability to warn truck and bus drivers about the clearance heights of bridges along their planned route.Sullivan said that the Bonitz family will not make a specific demand for compensation.

Journey Bus Lines did not respond to requests for comment on these lawsuits. Gaston could not be reached for comment.

Gov. Andrew Cuomo (D) announced last December a $4.3 million project to install overheight vehicle detectors at 13 locations in Nassau and Suffolk counties, including Southern State Parkway. These detectors are installed at the top of on-ramps and relay an invisible beam set at the specific height needed to clear the parkway’s bridges. If a vehicle breaks the beam, the device triggers a colored LED message sign to flash a warning to the driver, alerting the truck or bus will not clear the bridge.

Joe Morrissey, spokesman for the New York State Department of Transportation, confirmed these detectors have been installed at the Eagle Avenue overpass but said they are not yet active due to calibration and testing. Morrissey admitted even if the detectors had been functioning, they would not have prevented the accident. They are not set up to scan for overheight vehicles entering from the Belt Parkway, as the coach bus did.

The National Transportation Safety Board was also notified of the accident, according to police, but it did not meet its response criteria. It will be monitoring the investigation.

The crash remains under open investigation by New York State police. Anyone who may have witnessed the crash is asked to contact the state police at 631-756-3300.

Cedar Beach waters in Mount Sinai run into the Long Island Sound. File photo by Elana Glowatz

Suffolk County has signed off on joining New York State in suing the Environmental Protection Agency for dumping dredged materials in Long Island Sound.

Gov. Andrew Cuomo (D) and New York Attorney General Eric Schneiderman (D) announced last summer the state would be taking legal action against the EPA after in 2016 the agency moved to increase the number of open water dumping sites in the Sound from two to three, despite a call from state government leaders of both New York and Connecticut in 2005 to reduce and eventually eliminate the practice of dumping in the Sound.

The Eastern Long Island Sound Disposal Site, now a permanent open water site for the disposal of dredged materials, is midway between Connecticut and New York, and less than 1.5 nautical miles from Fishers Island, which is part of Southold Town and Suffolk County, despite technically being in Connecticut’s waters. The disposal site is in an area that had never before been used for open water disposal.

Legislator Al Krupski (D-Cutchogue), who represents Southold, Riverhead and communities in eastern Brookhaven, initiated the legislation directing Suffolk County to join the action against the EPA.

“This is another step in a decades-long fight to try and get the EPA to play by the rules,” Krupski said. “The Long Island Sound is threatened by pollution, warming waters and acidification, and the last thing that should be done is to dump potentially toxic substances into the estuary.”

Legislators Sarah Anker (D-Mount Sinai), Kara Hahn (D-Setauket), William “Doc” Spencer (D-Centerport) and Leslie Kennedy (R-Nesconset) joined Krupski in sponsoring the legislation authorizing the county to join the lawsuit.

“For more than the 30 years, leaders from both shores of the Long Island Sound have invested heavily on a cooperative effort to restore its life and majesty,” said Hahn, the chairwoman of the Legislature’s Environment, Planning & Agriculture Committee. “As such, the decision by our neighbor to the north to dump potentially toxic pesticides, heavy metals and industrial by-products into the Sound is nearly as dumbfounding as the Environmental Protection Agency’s willingness to allow it.”

Cuomo made the case against expanded dumping when the lawsuit was announced.

“We will continue to do everything in our power to protect New York’s environment, and with the EPA’s unfathomable and destructive decision to turn the eastern Long Island Sound into a dumping ground — now is the time for action,” Cuomo said in 2016. “We will establish that this designation not only poses a major threat to a significant commercial and recreational resource, but that it also undermines New York’s long-standing efforts to end dumping in our treasured waters.”

Last year, Brookhaven and Southold towns joined the lawsuit, which contends the EPA failed to adequately investigate alternatives to open water disposal and overestimated the need for the new site. It also alleges the Long Island Sound Dredged Material Management Plan, which was approved by the EPA, violates the Ocean Dumping Act and Coastal Zone Management Act, and cited a “failure to address environmental impacts on the Long Island Sound.” The body of water was designated an Estuary of National Significance by the EPA in 1988 and is recognized as an important economic engine for Suffolk County and all of Long Island, supporting both recreational and commercial businesses and contributing billions of dollars to the regional economy.

“We’re here to send a very strong message — that we are opposed to dumping in the Sound,” Romaine said during a press conference Aug. 28 at Cedar Beach in Mount Sinai. “The State of New York and this governor, Andrew Cuomo, has done a great service to this state and to the residents of Long Island by working to enjoin, in the court, the EPA from allowing continued dumping in the Sound.”