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Northport-East Northport school district

Danielle DeSimone

By Donna Deedy

When Samantha Marill stepped up to the microphone at a town hall meeting March 16 in the Northport High School auditorium, the crowd of more than 500 local residents fell silent as she spoke.

“Four of my classmates have been diagnosed with leukemia,” she said. “I attended this high school and I’d like to know if emissions from the Northport power plant are a factor.”

Marill said that she and her classmates graduated Northport High School in 2016.

“This is an alarmingly high number,” she said.  “Most schools do not even have one student diagnosed.”

The situation Marill describes is statistically abnormal. Leukemia, a cancer of the blood cells, strikes mostly older adults. Suffolk County, overall, does have a higher leukemia incidence rate for 2011-15 than state averages, according to New York State Department of Health spokesperson Jill Montag. But more than half of the people diagnosed with the disease are in excess of 65 years old. 

“None of my classmates should be fighting for their lives so soon after graduating.”

— Samantha Marill

The statewide annual average for leukemia diagnoses for ages 20 to 24 totals 18, as reported in New York’s most recent cancer registry, which excludes New York City.

It would be expected that two people between the ages of 20 and 24 would be diagnosed with leukemia, according to the state’s statistics, in a population of 100,000. In the Northport-East Northport School district, where an estimated 36,000 people live, one case would be rare. 

“None of my classmates should be fighting for their lives so soon after graduating,” Marill said. A fifth high school friend, she said, was diagnosed with sarcoma, another rare type of cancer that affects connective tissues.

It’s difficult to know whether or not a specific environmental toxin will cause a particular individual to develop cancer, according to the U.S. Department of Health and Human Services 2003 report titled “Cancer and the Environment.” 

But Marill was one of two people to raise health concerns about the Northport power plant at that meeting. Christine Ballow said that she drives past the plant’s stacks daily, coming and going from her home on Eaton’s Neck. Her two neighbors, she said, suffer from another rare blood disease called Wegener’s granulomatosis. The disease effects the lungs, throat, sinuses, kidneys and blood vessels. The Mayo Clinic, a nonprofit academic health center, reports on its website that the disease is not contagious or hereditary. Its causes are unknown.

The Times of Huntington has dug into some of the issues and contacted state officials to learn how the public’s health concerns, past and present, are addressed. 

Here’s what we found:

• New York State Department of Health and the U. S. Department of Health and Human Services investigated complaints about the Northport power plant in 2009. 

  The 2009 report’s conclusion: “It is unlikely that people who live and utilize facilities around the Northport power plant will come in contact with chemicals originating at the Northport power plant site while touching soil or breathing dust at the [soccer fields], or by drinking groundwater that is outside of the Northport power plant property, and that in these ways operations at the Northport power plant are not expected to harm people’s health.”

• The only public health action recommended in 2009 was that the grass surface on the plant’s public soccer fields be maintained to ensure that the potential for exposure to arsenic and cadmium are minimized.

• That same report stated that contamination concerns date back to the late 1970s, saying: “There have also been many complaints about oil and soot emissions from the plant’s four smokestacks; some exceedances of air guidelines may have occurred, although no data on air emissions was reviewed that could confirm this.”

• Leukemia risk factors, which are listed on the state health department website, include exposures to ionizing radiation, smoking, rare viruses and blood disorders. Long-term exposure to benzene and ethylene oxide, typically in the workplace, are also a known cause of the disease.

• Suffolk County Water Authority reports by email that it tests its wells for benzene, but has never in 25 years identified the chemical’s presence in county waters.

• The Northport power plant is considered a Major Oil Storage Facility, an official term.  The 2009 report confirmed that the facility’s groundwater is subject to regular monitoring and reports that no significant petroleum products and material have contaminated the area. The water authority has confirmed by email that it has no record of significant contamination since 2009.

To address residents’ cancer concerns, New York State created in 1981 the Cancer Surveillance Program. It currently indicates no cancer cluster for leukemia near the Northport power plant, according to Montag. The program data, she said, shows one case of leukemia diagnosed between 2011-15 in the area that contains the plant.

“While the community has not requested an investigation for this area, interested community members are welcome to contact the Department of Health at 518-473-7817 or canmap@health.state.ny.us to discuss their concerns and provide detailed information,” she said.

The American Lung Association doesn’t track cancer or Wegener’s disease, but it does monitor air quality. It reports Suffolk County is repeatedly one of the most polluted counties in the state, and is assigned an “F” rating for its ozone emissions.

“Basically, the plant is required to meet modified emission standards from those applied to plants that are newly built,” said Jennifer Solomon, media person with the American Lung Association. “The power plant can emit thousands of tons of nitrogen oxides, a pollutant that is an essential contributor to ozone smog. Ozone is a powerful respiratory irritant and causes breathing problems for children, seniors and for those with chronic lung diseases, sometimes sending people to their doctors or even the emergency room.”

Graph from New York State DEC.

LIPA’s tax lawsuit against the Town of Huntington has pushed the community to a tipping point. 

LIPA spokesperson Sid Nathan directed questions about Northport power plant health concerns to National Grid, which owns the Northport power plant.

National Grid has not responded to phone and email requests for comment.   

“In response to constituents very serious concerns raised during my town hall meeting on LIPA, I am requesting that the state immediately look into these community health concerns,” Gaughran said. “I am requesting a meeting with the relevant state agencies to ensure that the health of our residents is of the utmost concern.”

As for Marill, a junior at SUNY Potsdam, she’s declared a major in environmental science. She wants to study environmental law.

“It’s wild to think that we could shut the plant down but, ideally, I would like to see it closed,” Marill said.  “We need clean sources of energy.”

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Northport sophomore James Connor speaks at the Nov. 8 board of education meeting. Photo by Kyle Barr

It has been months since the Northport-East Northport school district hosted a meeting asking for community input for armed guards, now the subject will finally be seeing a vote.

The Northport-East Northport school board voted 5-to-1 at its Nov. 8 meeting to move
forward with the vote for armed guards at its Nov. 28 meeting. Trustee Allison Noonan was the lone dissenter.

“I’m not a fan of taking too many more baby steps on this,” board Vice President David Stein said.

Armed guards are plagued by accidents and dangerous misuse of their weapons.”

— James Connor

The district hosted a public meeting in March, shortly after the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, where the local community largely came out to support hiring armed personnel to protect its students. Since then, the district has hosted two public forums, one on Oct. 11
examining the pros and cons of armed guards that featured members of the Suffolk County Police Department, the Northport Police Department and the Asharoken Police Department. A second Nov. 1 meeting was held to discuss the emotional and psychological impact of armed guards with a panel composed of some of the district’s social workers, principals and health and wellness teachers.

As time has gone on, the uniform opinion of that original March meeting has fractured into the two camps of people who support and those against hiring armed guards. James Connor, a sophomore at Northport High School, spoke at the Nov. 8 meeting where he cited situations such as the recent shootings at both the Tree of Life synagogue in Pittsburgh and the Borderline Bar and Grill in Thousand Oaks, California, where security personnel and police were shot and killed by an active shooter.

“Armed guards are plagued by accidents and dangerous misuse of their weapons,” Connor said. “Guards aren’t a surefire way to resolve an active shooter scenario … Guns are not the answer.”

At most schools prevention is the trend rather than reaction.” 

— Nicole Raganella

East Northport resident Nicole Raganella, a professional therapist, said that without armed guards, the impetus and responsibility to protect students instead falls on the mental healthprofessionals in the district.

“At most schools prevention is the trend rather than reaction,” Raganella said. “It is your job to provide effective security, and if all these measures fail and a threat is active, are you prepared to tell staff and students that the responsibility is on them to defend themselves?”

School trustees raised questions about the costs associated with armed guards and whether they should wait to receive request for proposalsfrom companies before they move forward to vote. The board asked that Superintendent Robert Banzer and his staff provide the district with additional information on the estimated costs of hiring armed guards as well as the type of guards the district would plan to hire before the Nov. 28 meeting.

“There’s a big difference between us voting on hiring [Smithtown-based Arrow Security] guards, which you might find at any movie theater, and the kind of guard I would envision if I were going to do this here,” Stein said.

“Some would argue having armed guards on campus increases students stress.”

—Allison Noonan

Noonan said the school should not have a conversation about armed guards without citing the social and emotional impact of having those personnel in or near the school.

“Some would argue having armed guards on campus increases students stress,” she said. “I would say you cannot extrapolate one from the other, and you can’t talk about one without the other.”

Noonan requested that the board also vote to discuss creating a committee or public task force that could discuss the emotional impacts of the school’s increasing security measures on students and their overall feeling of safety at the Nov. 28 meeting. When that failed, the board voted to discuss such a proposition at its Dec. 13 board meeting. Noonan was the lone vote against holding the discussion on that date, feeling action was needed soon.

The next board meeting will be held Nov. 28 at the William J. Brosnan Administrative Building on Laurel Avenue. Public session starts at 7 p.m.

All of the Northport-East Northport board of education’s agendas can be found online here starting a few days prior to the meeting. 

Law enforcement representatives from Suffolk County Police Department and local police departments discuss armed security personnel in schools at a Northport board of education meeting. Photo by Kyle Barr

The Northport-East Northport school district has been taking it slow and steady in considering hiring armed guards for its school buildings. The board of education is in the process of soliciting professional opinions from local police and security advisers to determine the path forward for its schools.

About 70 people filed into a public meeting hosted by the school board Oct. 11, which included members of the Suffolk County Police Department, Northport Police Department, Asharoken Police Department, the school district’s retained attorneys from Ingerman Smith LLP, the district’s insurance provider New York Schools Insurance Reciprocal and the district’s security adviser to answer the board and the community questions about the potential impact of hiring armed security guards.

“There is a lot of interest about this throughout the county,” said Suffolk County Police Department Inspector Michael Romagnoli, the commanding officer of the department. “All are debating this topic at similar levels.”

The board hosted a previous meeting March 1 where the community came out in droves to voice support for the district hiring armed guards, though when asked whether he would want armed guards Leonard Devlin, the district’s security consultant, said he would prefer not to.

It would be my recommendation to not have armed guards in our schools.’

— Leonard Devlin

“It would be my recommendation to not have armed guards in our schools,” Devlin said. “If we were to have armed security personnel, the officer would only respond if there was an active shooter, not if there was a physical confrontation with a student, teacher or of any nature.”

The district said it has upgraded multiple security measures since the start of the year. Devlin said the district hired 12 new unarmed guards, which now totals 30 guards who patrol campus grounds during the school day from 7 a.m. to 3 p.m. The district also purchased six new security vehicles to complement an existing six, which should arrive in about a month.

Security vestibules are already installed or close to being installed for all schools except Bellerose Avenue Elementary, Ocean Avenue Elementary and Northport Middle School, which the security consultant said would be completed in the future as part of the district’s ongoing $40 million capital bond project. The district said it has installed 30 new cameras this year for a new total of 400 throughout the buildings, though these are monitored sparingly throughout the day and in the late-night hours, Devlin said.

One of the biggest questions raised surrounding the need for armed guards in schools is whether local police response time is fast enough to deal with an armed assailant. Romagnoli said their response time for local cars was four to five minutes, while Northport Police Chief William Ricca said their response time was three to four minutes. The inspector said that a school shooting comes in as a Priority 0, the highest priority, the same as if a call came in that an officer was shot. Romagnoli said since the 1999 Columbine High School massacre in Colorado cops are trained to enter an active shooter situation immediately upon arriving at the scene.

“Our involvement in the schools has increased tremendously within the last five years, our number of school incidents in the 2nd Precinct has gone up 50 percent, and the officers have more familiarity with the schools just from their daily patrols,” SCPD Deputy Inspector Matthew McCormick said.

Columbine was a long time ago, and now the police are pulled in so many different directions with what to prioritize around Long Island.”

— David Stein

Board Vice President David Stein said he was concerned it was not possible for every member of every police department to be intimate with the district’s six separate school facilities.

“Columbine was a long time ago, and now the police are pulled in so many different directions with what to prioritize around Long Island,” Stein said.

Romagnoli said the 2nd Precinct has one school resource officer assigned to cover all school districts in the area, not accounting for the other police officers who sometimes take up SRO duties part time on top of their normal police work. The SRO is responsible for being a liaison from the district to the police and for safety and crime prevention in schools.

While some members of the board questioned if guards should be on the premises for longer than regular school hours, to protect kids in after-school activities and sports, but Devlin said it came down to money. He estimated armed guards working at approximately $15 an hour for an eight-hour day would cost the district $208,200, if one guard for each of the district’s nine school campuses were allotted. Though Devlin added if the district wants total coverage for the day, including an hour break for each guard, it would have to hire another three to cover them on their breaks, adding up to just under $400,000.

Police representatives admitted armed guards and police arriving on scene of an emergency could present other problems. There is potential for a “blue on blue” situation, where two armed responders potentially confront each other. Current school security recently changed their uniform to be a bright gold color, but there is no consistency in the uniform between armed presences in other schools. Romagnoli said because of these inconsistencies it’s important the district keep a clear line of communication to the police departments and for dispatch to know of the armed presence inside the school.

We routinely drill in active shooter response and deliberately build those scenarios into our drills, and I can say we do have a discharge from one officer to another officer. We would rather that happen in training than out in the world.”

— Michael Romagnoli

“Our protocol is the uniformed officer responding is in charge,” Romagnoli said. “We routinely drill in active shooter response and deliberately build those scenarios into our drills, and I can say we do have a discharge from one officer to another officer. We would rather that happen in training than out in the world.”

Those on the panel representing the district’s liability concerns said insurance would cover the district in most cases should an armed guard be present. John Peppard, the senior vice president of NYSIR, the school’s insurance handler, said the only time the school might have a problem is if the guards, as school employees, went rogue in some way.

Local resident Denise Schwartz said despite assurances from local police departments promising prioritized response, the comments made by the panel members did not instill much optimism, especially considering the presence of just one SCPD SRO and the little time the district monitors the security cameras.

“Several things they said made me feel even less safe,” Swartz said.

For Northport resident Tammie Topel, who said she’s still on the fence about hiring armed guards, the meeting did little to eliminate the catch 22 inherent in the decision.

“I think that it opens up whether you do, or you don’t, you’re either not indemnified, or there’s going to be a lawsuit, or there might be an accidental shooting,” Topel said. “There’s 400 cameras that are not being monitored at all times, so what’s the sense of wasting that money on cameras … they should be monitored if that’s what we’re going to be using them for.”

The district will be hosting another workshop Nov. 1 where it will discuss the emotional and psychological impact of having armed guards in schools. On Nov. 8, the board will discuss whether it will put the item on the agenda for vote at a subsequent meeting.

A Northport-East Northport Community Theater member has been arrested for allegedly masturbating in front of a 15-year-old girl.

Northport police arrested Robert Miller, 35, on charges of first-degree public lewdness and endangering the welfare of a child Oct. 5 at approximately 8:15 p.m., according to police. Miller’s arrest took place during a rehearsal of the Northport-East Northport Community Theater group at the William J. Brosnan Administrative Building of the Northport school district.

Robert Miller. Photo from Northport Police Department

Northport police said Miller, a technical director with the theater group, requested a teenage girl accompany him outside to the parking lot to check on a motor issue with his car.

Once outside, Miller instructed the teen to sit in the car and rev the engine while he looked
under the hood. The girl said she was instructed to take off her socks and shoes, so she could “feel the vibration of the gas pedal” and did so, according to police. Police said the girl said she noticed Miller standing behind her, outside the driver’s side door with his pants unzipped, hand down his pants and was allegedly masturbating. The theater director allegedly told the teenager to look forward and watch the car’s dashboard gauges. Police said the girl reported she looked at Miller again and he was still allegedly masturbating.

Robert Banzer, superintendent of the Northport-East Northport school district, sent a letter out to residents Oct. 6 regarding the incident, which occurred on school grounds.

“The Northport police department notified the district of an alleged inappropriate action that took place on school district property, Friday night after school hours,” Banzer wrote, noting the theater group is not affiliated with the school district. “The district will continue to cooperate with police in their investigation to the fullest extent possible.”

The superintendent noted the schools would also make support services available for students Tuesday, after the Columbus Day break.

Smithtown school district Superintendent James Grossane also sent a letter out to district parents to address Miller’s arrest, as he has worked in that district for 14 years.

“[D]uring the teacher’s 14 years working within the district there have been no incidents reported,” Grossane wrote. “The teacher has been placed on administrative leave, effective immediately, and we will continue to assist in the police investigation as needed.”

The Smithtown superintendent said a math teacher would immediately be placed in Miller’s classrooms Tuesday in order to ensure “no disruption to the academic process” and support services would also be made available to students.

The theater group declined to comment on Miller’s arrest.

Northport police said they have reason to believe there may be other people subjected to allegedly lewd behavior by Miller. Anyone who feels they were a victim of Miller in the Northport area is asked to contact Detective Peter Hayes or Detective Peter Howard at 631-261-7500.

Any individual who believes they are a victim of Miller in the Smithtown area is encouraged to contact Suffolk County Police Department’s 4th Precinct detective squad at 631-854-8452.

Port Jeff Superintendent Paul Casciano and board President Kathleen Brennan. File photos by Alex Petroski

By Alex Petroski & Sara-Megan Walsh

Port Jefferson and Northport-East Northport school districts, as well as the Town of Huntington, were dealt a blow in the legal battle against Long Island Power Authority in August. But, it doesn’t mean they are going down without a fight.

Port Jeff board of education voted unanimously — 6-0 with board President Kathleen Brennan absent — during a Sept. 24 special meeting to file an appeal of New York State Supreme Court Justice Elizabeth Emerson’s Aug. 16 ruling that LIPA “made no promises” to the Town of Huntington, Northport-East Northport and Port Jefferson school districts not to challenge the taxes levied on its power stations.

Huntington Town Attorney Nick Ciapetta said the municipality formally filed its appeal of Emerson’s decision the following day, Sept. 25.

The judge’s ruling dismissed the third-party lawsuits brought forth by Huntington and the two school districts which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent. The resolution passed by Port Jeff school board authorized its legal counsel, Ingerman Smith, LLP, to file the appeal.

“We do think her decision was incorrect, and clearly we do recommend that the board consider filing a notice of appeal in this proceeding,” said attorney John Gross of Ingerman Smith, LLP, prior to Port Jeff’s Sept. 24 vote.
Northport-East Northport’s board trustees had previously voted to pursue an appeal at their Sept. 6 meeting.

Gross, who has been hired to represent both Northport and Port Jeff schools, said the districts

will have six months to perfect appeals. During this time, the districts’ legal team will prepare a record including all exhibits, witness depositions, and information gathered from the examination of about 60,000 pages of documents. He said a brief outlining the  legal arguments against Emerson’s decision will be crafted prior to submitting the appeal.
LIPA will be given several months to prepare a reply, according to Gross, prior to oral arguments before a four-judge panel in New York State Appellate Division of the Supreme Court. Further appeals are possible following that decision. Gross said the process could take more than a year.

Meanwhile, Huntington Town, Northport-East Northport school district, LIPA and National Grid have agreed to pursue non-binding mediation relating to the case, which begins Sept. 26. Gross said while Port Jeff is not a party to the mediation, it will be monitoring the outcome because the process could establish a pattern of resolution for its case. He also said the district can withdraw its appeal at any time, but once that occurs it cannot rejoin the process.

“Legal actions taken by the Town [of Brookhaven], [Port Jefferson] Village and school district to generate an equitable solution to the LIPA tax assessment challenges are intended to protect its residents and children against exorbitant property tax increases; especially in a very short interval of time,” Port Jeff school district said in a publicly released letter Sept. 12 prior to passing a resolution authorizing the appeal. “Please know, that the district fully understands that the decision about engaging legal counsel is one to be made with great care, as it always carries a financial implication while never guaranteeing a verdict in one’s favor.”

Northport Middle School's newly refurbished K-74 classroom. Photo from Northport-East Northport school district

Students can safely take a deep breath while attending classes in the newly reopened K-Wing of Northport Middle School.

Northport-East Northport school district has reopened the K-Wing of Northport Middle School for student and staff use after environmental testing for volatile organic compounds conducted by consultants J.C. Broderick & Associates Aug. 27 determined it was safe for use. The study and its conclusions were reviewed by officials in New York State’s Department of Health.

“[T]he levels of volatile organic compounds detected at the time of the sampling are well below any levels that have been associated with adverse health effects.”

— Michael Hughes

“Based on the air concentrations and information presented in the report, the levels of volatile organic compounds detected at the time of the sampling are well below any levels that have been associated with adverse health effects,” wrote Michael Hughes, a section chief in the state’s Bureau of Toxic Substance Assessment, in a Sept. 4 email. “The NYSDOH therefore concurs with the conclusion in the report that staff and students occupy the K-Wing in the school.”

On Aug. 27, J.C. Broderick & Associates staff conducted volatile organic compound, or VOC, sampling in K-Wing classrooms to determine if extensive summer renovations had resolved indoor air quality concerns. The district had closed off the area for the 2017-18 school year after an earth science teacher reported smelling gasoline fumes and an investigation found the source to be a petroleum-based warehouse beneath the K-wing.

The testing was performed using 26 cannisters, according to J.C. Broderick & Associates — two in each of the classrooms, the hallway and underground warehouse to test for any hazardous airborne chemicals. The samples were then sent to York Analytical Laboratories to be analyzed and compared against five sets of guidelines.

“In the report, there were a couple of VOCs that were detected,” Superintendent Robert Banzer said at the Sept. 6 board of education meeting.

The first chemical, methyl methacrylate, was measured at 1.4 to 5.1 micrograms per cubic meter of air in four classrooms, both hallway samples and the warehouse. These levels exceed New York State Department of Health’s 95th percentile concentration of 1.1 micrograms per cubic meter based on the average found in roughly 100 Albany residential homes . The environmental experts used safety data sheets, which list any potentially chemicals found in various products used, to determine it was coming off floor wax applied to the new flooring surfaces in the K-wing.

“The sampling performed did not identify any hazardous concentrations of VOC parameters in any of the sampled locations when compared with the above referenced health-based values.”

— J.C. Broderick & Associates report

The second chemical, Styrene, was measured at 20 to 27 micrograms per cubic meter of air in the warehouse only, above the 2.3 micrograms per cubic meter of air set as the 95th percentile by the state Department of Health. The data sheets showed it was notably found in the shrink-wrap used to wrap pallet products stored in area.

Once these two chemicals were found to be above the 95th percentage, J.C. Broderick & Associates report compared its findings to four health-based guidelines, the most stringent being the U.S. Environmental Protection Agency’s Reference Dose Concentration. The EPA’s guidelines provide an estimate of the maximum level of a VOC that can be continuously inhaled for a lifetime before adverse effects are seen and contains built in safety factors to protect sensitive groups, such as young children or the elderly.

“The sampling performed did not identify any hazardous concentrations of VOC parameters in any of the sampled locations when compared with the above referenced health-based values,” reads J.C. Broderick & Associates’ Aug. 31 report.

The methyl methacrylate found at 1.4 to 5.1 micrograms is well below the 700 micrograms per cubic meter guideline set by the EPA, as was styrene’s 27 micrograms under the 1,000-microgram limit.

Any concerned parent or staff member can find the full results of the air sampling reports and related correspondence on the district’s website at northport.k12.ny.us/district/bg_northport_ms_information.

Northport-East Northport school district. File photo

Suffolk County police have arrested a Northport-East Northport school district employee who allegedly while driving hit a student on his way to athletic practice at the high school Tuesday morning.

Janet Aliperti. Photo from SCPD

A 14-year-old Northport boy was walking westbound on Laurel Hill Road, when he was struck by a 2005 Honda sedan traveling eastbound at 8:06 a.m. Sept. 4, according to police. The teen was airlifted to Stony Brook University Hospital with serious injuries.

“Our thoughts and prayers are with the student and we will support him and his family in any way needed,” Superintendent Robert Banzer said in message posted on the district’s website. “We will also cooperate with the Suffolk County Police Department as they conduct their investigation of the accident.”

The alleged driver of the Honda, Janet Aliperti, 57, of East Norwich, was not injured in the crash. Aliperti is an employee of the Northport school district, and a LinkedIn profile listed under the same name notes her position as a food service worker.

Suffolk police arrested Aliperti and charged her with third-degree aggravated unlicensed operation of a motor vehicle, operation while registration is suspended, and having an uninsured vehicle. The car has been impounded for a safety check, according to police.

Northport students’ first day of classes for the 2018-19 school year is Sept 6.

As school begins for our students on Thursday, September 6, the district reminds all residents to please drive carefully as our buses and student-pedestrians will be back on the roads” Banzer wrote. “Keeping our students safe as they travel to/from school and school-related events is a top priority of the district. Let us work together as a community to ensure the safety of all of our students throughout the year ahead.”

The investigation into the crash is ongoing and police are asking anyone with information to contact the 2nd Squad at 631-854-8252.

District’s environmental consultants took 26 samples earlier this week; results to be reviewed by New York State Department of Health

Northport-East Northport school officials and parents are awaiting the results of the latest
Middle School K-wing air quality samples prior to the school’s reopening next week.

The district’s environmental consultant firm J.C. Broderick & Associates Inc. took 26 air samples throughout the K-Wing of Northport Middle School earlier this week to see if issues with gasoline fumes have been fully resolved after extensive summer renovations.

“The question I have been asked is are we going to test before we reopen the K-Wing,” Superintendent Robert Banzer said. “The answer is yes.”

The question I have been asked is are we going to test before we reopen the K-Wing. The answer is yes.”

— Robert Banzer

Edward McGuire, of J.C. Broderick & Associates, said the testing consisted of placing two air sampling cannisters in every single classroom and office space, two in the hallway, and two in the warehouse space beneath the wing, which was the previous site of chemical storage, to see what level of volatile organic compounds, known as VOCs or fumes, are present. In addition, two cannisters were placed outside the building to represent the ambient air that is brought into the school building via the ventilation systems.

“It is the créme de la créme of VOC sampling,” the consultants said. “There is no better methodology.”

The cannisters were placed at varying heights 3 to 5 feet off the ground in each location, according to McGuire, meant to replicate the typical breathing zone of a seated or standing person within the space. Each room was independently sealed off before air samples were collected for a continuous eight-hour period while the newly installed rooftop ventilation systems ran, McGuire said, meant to replicate “typical occupancy conditions.”

Brandon Weisberg, project superintendent for district contractors Park East Construction, said the K-Wing classrooms were ripped down to the studs this summer. New plumbing was installed, fire stoppers sealed, and a special heavy-duty vapor barrier applied on the concrete subsurface between the underground warehouse storage and K-Wing to prevent any fumes from penetrating into the air, according to Weisberg. The district also had new rooftop heating, air conditioning and ventilation units installed while also sealing the older ground-level passages with concrete.

The environmental consultants said their staff has worked with the district’s contractors to obtain safety data sheets for each material used in renovating the K-Wing this summer, providing a list of any potentially hazardous chemicals contained in each product. McGuire said this data will be used to help analyze the air samples and potentially used to identify the source of any abnormally high fumes or airborne chemicals found during the sampling.

“The sensitivity of the analysis will always find VOCs in the air,” McGuire said. “Our expectations are also a little higher because we know everything is brand new.”

The sensitivity of the analysis will always find VOCs in the air. Our expectations are also a little higher because we know everything is brand new.”

— Edward McGuire

The consultants were asked to explain during a presentation at an Aug. 23 board of education meeting that any smell in the K-Wing could be similar to the odors detected by new car owners when they sit inside the vehicle.

J.C. Broderick said they will be doing a two-part comparison of the air samples taken. The first part will be a report on the ambient levels of each VOC detected, while the second phase will examine the levels found against healthy safety guidelines established by New York State Department of Health. McGuire said the standards being used will be compared against the U.S. Environmental Protection Agency’s dose concentration guidelines, which consider different levels for sensitive populations, such as young children.

The results of the air quality testing were expected to be received within approximately 72 hours of the end of sample collection, or 48 hours after the cannisters were delivered to the laboratory. The final report will be sent to New York State Department of Health for its review prior to the classrooms being reopened to student and staff use.

The results were not yet available as of noon Aug. 29, according to the superintendent.

Banzer assured residents the district has repurposed the old warehouse space as a dry storage for “paper goods” and other such things.

“There are no chemicals stored down there, all that was eliminated last year,” he said.

Following air quality concerns, Northport school officials said the district plans to reopen the K-wing of Northport Middle School to students for the 2018-19 school year.

Over the summer recess, Northport Superintendent Robert Banzer confirmed the district has undertaken extensive renovations of the K-wing classrooms, including its ventilation systems. The building’s indoor air quality has raised concerns from district residents since the smell of gas fumes was reported in April 2017.

“Prior to the reopening of the school, the district plans to follow [New York State Department of Health’s] recommendation to retest the K-wing to ensure that there are no indoor air quality issues,” Banzer said.

The K-wing’s indoor air quality was last tested in March by the district’s environmental consulting firm, Hauppauge-based J.C. Broderick & Associates, according to the superintendent. The study’s results, which were shared with district residents in a letter dated March 19, stated the consultants had no concerns about mold growth, volatile organic compounds or carbon monoxide in any of the priority areas it reviewed. The consultants did raise medium, or moderate, concerns that some of the district’s ventilation systems were imbalanced in areas and in need of either repair or replacement.

Banzer said the district will continue to utilize the Tools for School program in the K-wing and throughout the district, which shows schools how to carry out a practical plan to resolve indoor air problems such as volatile organic compounds and mold “at little to no cost using straightforward
activities and in-house staff,” according to the U.S. Environmental Protection Agency website.

The district’s issues with indoor air quality in the K-wing first came to light when an earth science teacher reported smelling fumes in the classroom, and an investigation found the source to be a petroleum-based warehouse beneath the K-wing.

An initial July 2017 study by J.C. Broderick & Associates showed no hazardous concentration of chemicals in any of the air samples. However, four chemicals commonly linked to perfumes, natural rubber products, air conditioners and refrigerators, thermoplastics and latex paints were found in high concentrations — above the 95th percentile of allowable levels determined by the state — in the K-wing corridor, rooms 74 and 75. The consultant’s study was reported to the New York State Department of Health.

Facing widespread community concerns, a forum was held in August 2017, where the superintendent said the district officials had decided to close the Northport Middle School wing for the 2017-18 school year. The closure did not affect previously scheduled classes other than changing their locations, as students were readily accommodated by reallocating use of existing classrooms.

Town of Huntington, Northport-East Northport and Port Jeff school districts lose third-party lawsuits

Port Jefferson Superintendent Paul Casciano and Northport-East Northport Superintendent Robert Banzer. The two districts had legal challenges shot down by a judge Aug. 16 pertaining to property tax assessment claims made by LIPA. File photos

By Sara-Megan Walsh & Alex Petroski

A New York State Supreme Court judge has ruled Long Island Power Authority “made no promises” to the Town of Huntington, Northport-East Northport school district and Port Jefferson School District not to challenge the taxes levied on its power stations.

Judge Elizabeth Emerson dismissed the lawsuits brought forth by the Town of Huntington and the two school districts Aug. 16 which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent.

“The court’s decision affirms our customers’ right to pay reasonable taxes on the power plants,” LIPA said in a statement from spokesman Sid Nathan. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable situation back on a sustainable path.”

Port Jefferson Power Station. File photo by Alex Petroski

The judge’s ruling is a big victory for LIPA as it allows tax certiorari cases to continue to trial, rather than being dismissed, and could have a widespread impact across Long Island for other municipalities with similar disputes against the utility.

“Obviously, we disagree with this decision and plan to appeal,” Northport Superintendent Robert Banzer wrote in a letter to district residents. “Please understand that Justice Emerson’s decision is not the end of our fight in this case.”

Port Jeff school district also responded to the development.

“While this decision is not the outcome the district was hoping for, we vow to continue to explore our options as we work to protect our school district’s financial future and the needs of our community,” the district said in part in a statement. “The district will work to keep the community apprised of any updates on the matter.”

In her 24-page decision, Emerson denied any notion that chapter 21, section 16 of the 1997 Power Supply Agreement signed by LIPA when it took over Long Island Lighting Company — which has been referred to as the 1997 Promise – was intended to benefit the school districts by preventing LIPA from challenging the tax-assessed value of its power plants.

Rather, she found it was to ensure other parties, including LILCO and GENCO, which owned the plants at the time, could not start initiating tax claims during the takeover process.

She also dismisses all claims that town governments or school districts were intended third-party beneficiaries of the contract.

“The Power Supply Agreement is clear and unambiguous and that it does not bestow any enforceable third-party-beneficiary rights on the plaintiff,” Emerson wrote.

The judge pointed to the PSA saying it “does not expressly name” either the town or school districts as a third-party beneficiaries.

“She applied contract law, not third-party beneficiary law,” said John Gross, the attorney representing Northport-East Northport school district. “That’s what we think she the mistake on.”

Gross said New York State law allows entities, like the school districts, to be recognized as third-party beneficiaries based on third-party conversations, letters, and promises. The school districts have filed thousands of pages of documents with the courts, according to Gross, that include official correspondence and records of conversations former LIPA chairman Richard Kessel had with school administrators and Huntington Town officials allegedly promising not to challenge the tax assessment of its power plants.

The judge ruled these “extra-contractual promises” made largely by Kessel “were gratuitious promises for which there was no consideration.” As such, the former chairman’s words “did not contractually bind LIPA.”

Gross said the school’s status as a third-party beneficiary “was wrongly decided.”

This recent decision could have large and profound impact not only on Huntington, Northport-East Northport and Port Jeff schools, but for all other municipal government and school districts that are LIPA’s power plants.

On Page 18 of her decision, Emerson wrote not only did the PSA contract not protect the Town of Huntington, Northport or Port Jeff school district taxpayers but “other similar situated school districts and municipalities.”

“This result was to a very large extent expected by the village, and that’s why the mayor and the board of trustees very early, initiated and drove settlement discussions with LIPA to resolve the issue,” Port Jefferson Village Attorney Brian Egan said.

The village board of trustees and Mayor Margot Garant in April passed a resolution approving “settlement concepts,” and the two sides are exchanging details of terms, expected to reach conclusion “at any time,” Egan said.

“When we’re a taxing jurisdiction and we’re going to subject ourselves to the back taxes on a longshot, that is not what we do with taxpayer dollars,” Garant said. “We have an obligation to not gamble, so to speak.”

“Please understand that Justice Emerson’s decision is not the end of our fight in this case.”

— Robert Banzer

Huntington town attorney Nick Ciappetta said the town plans to file an appeal of the judge’s decision.

“We believe there’s only one logical and legal way to interpret that provision,” he said. “That provision was there for the benefit of the taxpayers of Huntington.”

The town, Northport and Port Jefferson school districts will have 30 days to file an appeal once the decision is officially entered into court records, according to Ciappetta. He estimated an appeal of the decision could take 18 to 24 months.

“The decision does not affect the pending tax certiorari case between the Town of Huntington and LIPA scheduled for trial in December, nor do we expect it will impact the parties’ willingness to proceed with mediation,” Banzer wrote to the community.

Gross confirmed that Northport school district is still looking forward to sitting down for the first mediation session with the Town of Huntington, LIPA, National Grid  and third-party neutral attorney Marty Scheinman slated for Sept. 26.

Officials in Brookhaven’s Town Attorney’s office could not be immediately reached for comment, though the town has also said it is nearing a settlement in its case. Egan speculated settlements for municipalities attempting to resolve cases out of court might be held up by mediation in Northport and Huntington Town’s case.

This post was updated Aug. 17 to include a statement from Port Jefferson School District, and to attribute LIPA’s statement to Sid Nathan.

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