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Village board hires financial firm to untangle information gaps in capital fund record keeping

Capital project funds asphalt walkway, replacing crushed bluestone at the Harborfront Park for $249,000. Photo by Lynn Hallarman

By Lynn Hallarman

Concerns were raised by newly-appointed village treasurer Stephen Gaffga about the bookkeeping practices that track the village’s capital project fund, prompting a call for a full accounting of the fund’s financial records going back at least seven years.

Gaffga was recently the treasurer for the Village of Greenport. He was hired this past summer by Port Jefferson Village, replacing Denise Mordente who served as treasurer for the previous administration.

During the Nov. 20 meeting of the Port Jefferson Village Board of Trustees, Gaffga described the capital fund’s bookkeeping as having a “severe information gap” in the fund’s ledger. Standard financial procedures “were not followed as best practice,” according to Gaffga.

“I came into Port Jefferson in September, and I saw a negative balance with the capital fund,” the treasurer said. “I tried to figure out how that came to be.”

Gaffga explained at the meeting that capital projects were approved and money was spent, but all these expenses were recorded as a “running tally on the ledger.” This accounting method makes it seem like there is a negative balance for all these projects. 

“That’s not the case — we borrowed money, got grant funding, transferred money from the general fund, but the trail is very difficult to follow,” he said.

Gaffga recommended the board hire an outside specialized CPA firm, PKF O’Connor Davies of Hauppauge, to receive assistance in analyzing the record keeping of the capital fund going back in time. As stated at the trustees meeting, the cost of the lookback should not exceed $4,500 per year analyzed. The goal of the analysis is to uncover the financial history of each capital project and “establish a clean slate,” Gaffga said. 

“It is entirely possible that everything is OK dollarwise, and it is just a mess on the books,” he told TBR News Media. 

Former village Mayor Margot Garant, objected to Gaffga’s characterization of the records. “We did a lot in 14 years, and we used our money very carefully,” she said in an interview, adding, “The documents in place are pretty easy to follow. I don’t know what their issue is.” 

The New York State Office of the State Comptroller requires municipalities to undergo an annual audit of financial records. According to the 2022 audit done by the independent accounting firm Cullen & Danowski of Port Jefferson Station, the village had areas for improvement. 

Firstly, the village neglected to properly inventory its capital “hard” assets, according to Chris Reino, who represented the auditor at the August trustees business meeting.

The village has no running list of assets like trucks, buildings, computer equipment and furniture, for example, since “at least 2014,” Reino said. 

As a consequence, if something goes missing or “there is a catastrophe, it will be hard [for the village] to make a claim to an insurance company to replace it,” Mayor Lauren Sheprow noted.

Secondly, the report indicated that the “village did not maintain adequate accounting records” of the capital project fund.

Cullen & Danowski did not respond to email and phone requests for comment for this story.

Capital project fund

The capital project fund financed a range of projects over time for the village, such as restoring the East Beach bluff, repaving walkways at Harborfront Park, creating the Barnum Street parking lot, building bathrooms at Rocketship Park, digitizing records and more.

The trail of money for a project should be easy to follow by a citizen, according to the state Comptroller’s Office. Bookkeeping for the capital fund should tell the complete story of how taxpayer dollars are appropriated and spent for each project to prevent overspending or leaving financial holes in the funding for essential village improvements. 

“I want this board to be educated about this process, so we are all aware of where the money’s coming from and how it’s being spent,” the mayor said at the November board meeting. 

Financial transparency

At the August board meeting, Sheprow complained that members of the previous board “never saw the 2022 audit.” 

“I don’t recall specifically, but I know I had a discussion with [the trustees] and the treasurer that [the audit report] was in, and I believe that was January,” Garant told TBR News Media.

While financial audits should be posted, along with other yearly financial records on the village website after the Board of Trustees reviews them according to OSC best practice, the 2022 audit submitted to the village administration in January this year was not posted to the village website until this past week, shortly after TBR News Media requested to review the audit report (see portjeff.com/fiscalyear2022auditdocuments).

Mordente did not respond to requests for comment for this story about the village’s 2022 auditing process.

Moving forward, Sheprow said she wants to remedy this perceived gap in transparency.

Gaffga said at the November board meeting the village wants to establish a clean slate so there are no “skeletons bookkeeping-wise that could hold the village back.”

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Conversations over ethics are ramping up in Port Jefferson, where the village board of trustees is nearing sweeping changes to its Code of Ethics.

A public hearing on the code changes took place on Nov. 20, with the village’s ethics counsel, Steven Leventhal, presenting a draft code that would repeal and replace the existing ethics standards within the Village Code. The proposed code changes include three main categories: a code of conduct, disclosure requirements and administration. [See story, “Port Jeff village board, residents mull over ethics code revamp,” Nov. 25, TBR News Media.]

The board reconvened Tuesday night, Dec. 5, for a work session spanning over four hours.

“The primary purpose of tonight’s meeting is to give you, the board, the opportunity to address any questions that you might have to me and to have a discussion and deliberation on any points that need to be resolved,” Leventhal said.

Leventhal and the trustees walked through the code line by line, clarifying and amending various sections of text along the way.

The board will meet again Monday, Dec. 11, for its monthly general meeting. Leventhal pledged to supply the board with a revised version of the draft code, along with a redline version of the text, before the meeting begins.

Residents can continue submitting written testimony to the village clerk until Thursday, Dec. 7.

To view the entire work session, see the above video.

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Brookhaven Town Hall. File photo

By Carolyn Sackstein

The Brookhaven Town Board meeting last Thursday, Nov. 30, began at 5 p.m. and didn’t close until after 11. Many residents who attended stayed for the long haul.

The board heard public comments on the application of Hauppauge-based Staller Associates, owner of the Jefferson Plaza shopping center at the intersection of Route 112 and Terryville Road. Staller is seeking a change of zone for the 10-acre parcel from a J-2 Business District to a CRD Commercial Redevelopment District.

The CRD is a new zoning category within the town Code. Jefferson Plaza will be the first property to receive this classification if the board greenlights the application.

A town official indicated that under the conditions of the CRD code, the development would qualify for 280 residential units. The proposal includes demolishing the existing shopping center to accommodate mixed-use development.

Anthony Guardino, partner at the Hauppauge-based Farrell Fritz law firm, represents the applicant. In a presentation, he traced the property’s historical developments, contributing to “an unsustainably high vacancy rate” with today’s blighted conditions.

The CRD code “creates the planning tool which the Stallers are using to redevelop their blighted shopping center into a destination development with a dynamic mix of residential and commercial uses,” he said. “And after many years of planning and design and input from the town and the community and numerous plan revisions, the Stallers believe it is time to put pencils down. It is time to move this project forward.”

He added that the current plan accommodates 280 apartments — 224 of which will be “market rate,” with the remaining 56 units set aside as affordable housing for people with intellectual or developmental disabilities. The attorney projected that approximately 50,000 square feet of commercial space would be occupied by a restaurant, food hall, retail, office space and health club.

Public comments primarily revolved around building height, density, traffic and emergency services. Ira Costell, president of the Port Jefferson Station/Terryville Civic Association, stressed the importance of proper planning in weighing these factors.

“There is appetite and willingness to see investment in this parcel,” he said. “While this presents an opportunity, it is incumbent on us to address and mitigate the negative impacts that could follow from the intensive use on that parcel.”

Suffolk County Legislator-elect Steve Englebright (D-Setauket), whose 5th Legislative District includes Port Jeff Station, discussed the possible environmental impact of redevelopment. 

Skyler Johnson (D-Port Jefferson Station) — currently pursuing the Democratic nomination for New York’s 4th Assembly District— placed the proposed redevelopment in the context of ongoing affordability concerns.

“If we continue on this path, we will see not only young people not be able to afford to live here, but older people not be able to retire and downsize as their kids continue to need to stay in their homes,” he said.

Some spoke in favor of the redevelopment project. “I am in favor of the zone change,” Port Jeff village resident Brian Harty said. 

Bob LoNigro, whose family-owned business, Plaza Sports, was formerly in the shopping center for decades, said, “I think it is important for the community to understand who they’re dealing with. We dealt with [the Staller family], who were honorable, honest and caring about my family. They cared about our success,” adding, “I was sitting there thinking this was going to be a war, and it’s not a war. We’ve just got to tweak it and make some concessions and get to the finish line. I would love nothing more than to see that place flourish again.”

The board made no decisions on the application. Residents can continue submitting written comments up to 30 days after the meeting.

To watch the full public hearing, please visit brookhavenny.gov/meetings.

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In an exclusive conversation, Town of Brookhaven Councilmember Jonathan Kornreich discusses the futures of Jefferson Plaza in Port Jeff Station and Cablevision townwide. Then, the Three Village Central School District keeps Regents exam scores in students’ grades. Plus, a light-hearted chat about a recent afternoon filled with talk of love.

Dive into this week’s news on The Pressroom Afterhour: Keeping it Local with TBR. Visit tbrnewsmedia.com to read these stories and more. Follow us on:

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Photo from TOB

Brookhaven Town Highway Superintendent Daniel P. Losquadro and Councilman Neil Manzella have announced the completion of a six-road Centereach paving project.

Prior to paving, crews completed concrete improvements, inspected and installed new drains and repaired and replaced damaged concrete curbing, sidewalks and aprons.

Roads resurfaced during this paving project include Joan Avenue, Marshall Drive, Powers Avenue, Renee Court, Rosemary Lane, and Simon Avenue. The total cost for this paving project was approximately $783,000.

Superintendent Losquadro said, “The roadways in this paving project, situated in the vicinity of Newfield High School, see a lot of traffic. This project also involved drainage installation on Joan Avenue to alleviate flooding issues. Residents, motorists, pedestrians and students and staff accessing Newfield High School will now enjoy safer roadways.”

Councilman Manzella said, “This project was a top priority due to the heavy traffic leading to Newfield High School. I am pleased to see these essential improvements to infrastructure, including a full resurfacing, concrete work and much needed drainage.”

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In this episode, we offer live updates from Brookhaven Town Hall as the future of Jefferson Plaza in Port Jeff Station hangs in the balance. Plus, a shocking turn as a fire engulfs the Tesla Science Center in Shoreham — we unpack the latest details and discuss restoration plans. Winter sports season previews and valuable insights on managing your investments are all in one episode.

Join us for a dive into local news on The Pressroom Afterhour: Keeping it Local with TBR.

Visit tbrnewsmedia.com to read these stories and more. Follow us on:

 

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Town of Brookhaven Councilmember Jonathan Kornreich presents a new architectural rendering for the proposed redevelopment of Jefferson Plaza during a Port Jefferson Station/Terryville Civic Association meeting Tuesday, Nov. 28. Photo by Joan Nickeson

The Brookhaven Town Board will hear public comments on the Jefferson Plaza shopping center in Port Jefferson Station, a proposed redevelopment project with the potential to reshape the face of the hamlet and reorient its long-term trajectory.

The board will hold a public hearing Thursday, Nov. 30, to consider rezoning the 10-acre parcel, owned by Hauppauge-based Staller Associates, to a Commercial Redevelopment District, a new classification within the Zoning Code crafted “to stimulate the revitalization of abandoned, vacant or underutilized commercial shopping center, bowling alley and health club properties.” [See story, “First of its kind: Brookhaven Town Board to review new zoning category for Jefferson Plaza in Port Jeff Station,” Nov. 16, TBR News Media.]

In the runup to the public hearing, the Port Jefferson Station/Terryville Civic Association held its general meeting Tuesday night, Nov. 28, to establish a set of priorities for overseeing the proposed redevelopment.

Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook) attended the meeting, identifying four primary areas of concern based on feedback he has heard from the community: traffic, density, height and architecture.

Kornreich said several of those concerns could be addressed through a 35-foot cap on building height. “What I’m going to be looking for is not four stories but a maximum height of 35 feet, which is the same maximum height that you can get in any residential area,” he said.

Leaders and members of the civic association generally favored the 35-foot cap.

The councilmember stated his intention for the developer to adhere to the conditions outlined under the Zoning Code instead of pursuing variances and other relaxations of use.

Regarding architecture, Kornreich said he had consulted with the developer, advocating for “a little bit less of New Hyde Park and a little bit more of New England.” He then presented an architectural rendering of the new proposal that was received favorably by the civic.

Much of the meeting was opened up to members, who offered ideas and raised concerns. Among the issues deliberated were the potential relocation of the post office on-site, availability and diversity of retail options at the property, possible tax increases and related traffic and environmental impact.

Jennifer Dzvonar, president of the Port Jefferson Station/Terryville Chamber of Commerce, endorsed the redevelopment initiative. “It’s very blighted,” she said. “A lot of local stores are leaving there,” adding, “We want to keep expanding and revitalizing the area.”

Charlie McAteer, corresponding secretary of PJSTCA, discussed the possible community givebacks that could be offered through such redevelopment.

“We have to work on … a purchase of some open space in our hub area that’s forever wild,” he said. He added that this form of local giveback would cushion the deal for surrounding neighbors “because they’re giving us, the community, something that we would like.”

Following discussion, the body authorized PJSTCA president Ira Costell to deliver a statement Thursday night to the Town Board representing the collective views of the organization.

The public hearing is scheduled for 5 p.m. Thursday, Nov. 30, at Brookhaven Town Hall, 1 Independence Hill, Farmingville.

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Steven Leventhal, the Village of Port Jefferson’s ethics counsel, presents proposed ethics code changes during a public hearing Monday night, Nov. 20. Photo by Raymond Janis

Discussions centered around ethics at Village Hall Monday night, Nov. 20.

The Port Jefferson Board of Trustees held a public hearing to consider repealing and replacing Chapter 41 of the Village Code, its Code of Ethics. This ethics code was first adopted by the village board in 1970, according to ecode360, and has seen few amendments since.

Steven Leventhal, the village’s ethics counsel, delivered a lengthy presentation detailing the proposed code changes to the board.

“The primary purpose of the ethics program is not enforcement — it’s not rooting out evildoers,” he said. “Our primary goal is offering guidance to the honest officers and employees of the village.”

Leventhal said that the draft proposal before the board is roughly the same code of ethics adopted by various other municipalities across Long Island and New York state, with some minor local variations.

The proposed code includes three principal categories: a code of conduct, disclosure requirements and administration.

The code of conduct would establish standards for officials and employees, offering guidelines for using public office for private gain, types of prohibited contracts, grounds for recusal, conflicts of interest and investments, gifts and favors.

The section on disclosure requirements outlined how village officials must recuse themselves from particular decisions. Applicants in land use, such as before the zoning and planning boards or Building Department, “must disclose at the time of application the identity of any state or municipal officer or employee that has an interest in the applicant,” the ethics counsel noted.

The section also requires disclosure of clients and customers doing business with the village, with some exceptions to protect confidentiality.

The final section would establish a board of ethics to administer the new code. Leventhal said an effective ethics board must convene at least quarterly, maintaining independence from the appointing authority — namely, the Board of Trustees — and an apolitical nature.

Under the proposed code, ethics board members must be village residents appointed to fixed, staggered terms of service. Under the current language, the board would have enforcement powers to fine up to $10,000 for violations.

During the public comment period, resident Arthur Epp scrutinized the $10,000 figure and questioned the board membership process. He asked the Board of Trustees for a 30-day review period to allow for necessary public input.

Responding, Leventhal advised the village board against overdefining membership criteria to the ethics board, given the village’s relatively low population compared to other municipalities.

Resident Xena Ugrinsky inquired about the process for whistleblowers to submit complaints to the ethics board. Leventhal advised that the board would ideally have counsel or a secretary to receive and process such complaints.

Following these comments, the village board agreed to leave the public comment period open for written testimony to the village clerk until Thursday, Dec. 7.

To read the complete draft of the proposed guidelines, visit portjeff.com/proposedethicscode. To watch the entire meeting, including trustee reports and board resolutions, see the video above.

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File photo by Raymond Janis

By Raymond Janis

During its Thursday, Nov. 16, meeting, the Smithtown Town Board approved two code amendments. It also held a public hearing on its 2024 community development program.

Assistant town attorney Janice Hansen explained the first code amendment, including stricter noise violation penalties. The amendment increases the fine for first-time violators of Chapter 207, entitled “Noise,” from $250 to $500. The penalties for second- and third-or-more-offense noise violations go up from $500 to $1,000 and $1,000 to $1,500, respectively. Hansen said the town may enforce the noise code in residential and commercial areas.

Following no public comments, the board unanimously adopted the amendment.

The second proposed code change involved an addition to Chapter 221, the town’s property maintenance code. Hansen said the new section, “Post-disaster debris collection,” empowers the town to move more swiftly during emergencies.

The amendment authorizes the town to “enter upon and remove debris from public and private roads, right-of-way, storm drainage easements and ingress/egress easements within town limits,” the statute said, “including private communities, private properties, utilities and/or infrastructure impoundments and/or containments for the purposes of emergency vehicle travel, stormwater conveyance, protecting public health and safety, facilitating response and recovery operations, and for any other purpose the Town Emergency Manager or designee determines is necessary to remove an immediate threat to life, public health and safety, significant damage to improved public and private property, and the economic recovery of the town.”

Hansen said that to enter private property, the town must first obtain consent from the property owner through a right-of-entry permit. Following no comments from the public, the board adopted the resolution unanimously.

The board considered the town’s 2024 community development program during the final public hearing. The municipality anticipates receiving roughly $211,000 through federal Community Development Block Grant programs, according to a public notice.

The grant funds, made available by the U.S. Department of Housing and Urban Development, are intended to support “infrastructure, economic development projects, public facilities installation, community centers, housing rehabilitation, public services, clearance/acquisition, microenterprise assistance, code enforcement and homeowner assistance,” the HUD website indicates.

Kelly Brown, housing rehabilitation administrator for the town’s Planning & Community Development Department, presented the aims of the 2024 program. She said projects under consideration must fulfill two conditions.

“Every project must qualify as a designated eligible activity, such as housing rehabilitation, infrastructure improvement or handicapped access improvements,” she said, adding, “Every project must meet one of three specifically defined CD program objectives,” which are benefiting people of low-to-moderate income, prevention or elimination of blighting conditions or meeting an urgent community need, such as storm damage cleanup.

To watch the full meeting, including the consent agenda and board resolutions, visit www.smithtownny.gov/226/town-meetings.

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Town Supervisor Dan Panico at a Town Board meeting. Photo from TOB

By Nasrin Zahed

The Town of Brookhaven is currently at a crossroads in its relationship with the cable and internet conglomerate Cablevision/Optimum/Altice, as officials considered the franchise agreement renewal, in the name of Suffolk Cable Corporation, during a Town Board meeting held Thursday, Nov. 16.

The agreement, granting the company sole authority to provide cable services within the town, is a multifaceted document that delineates Optimum’s rights and establishes the framework for the town’s regulatory role.

Understanding the context of the franchise agreement requires a closer look at the regulatory landscape governing cable services in the town. As revealed in recent information, a cable operator must apply for a franchise to provide cable services. Notably, it may operate outside the agreement, which is expressly limited to cable television services. The town lacks authority over internet and telephone services, even if the same cables and equipment used are shared for cable television delivery.

State and federal regulations further shape the town’s authority over cable television franchises. The town also cannot regulate programming on a cable television system and is constrained in its ability to control rates, except for the most basic level of service. Federal limitations also extend to franchise fees, capping the town’s ability to require payments from the cable operator.

During the meeting, town Supervisor-elect Dan Panico (R) expressed concerns about the internet and cable providers’ profit motives. “There’s nothing that can be said here today to lead me to believe that they are not jacking up prices and having meetings to see where the threshold pain point is to extract as much money from residents as possible,” he said.

In response to these regulatory constraints, the town has engaged the services of a special counsel, Thomas Levin, to negotiate an agreement that maximizes the town’s authority within legal bounds while ensuring the delivery of quality cable television services to the Brookhaven community. The proposed agreement spans a decade, during which the cable operator commits to providing cable television in the unincorporated areas of the town.

One essential aspect of the proposed agreement is regulating the cable system’s operation under federal and state law. The agreement allows the town to impose a franchise fee, capped at 5% of the cable system revenues, ensuring a balanced approach to funding the regulatory framework.

The proposed agreement outlines procedures for the town to verify credit payments and secure $222,100 in grants from the cable television operator. These funds are earmarked for supporting public, educational and government cable programming — a crucial step in enhancing community engagement and access to information.

As the town navigates the landscape of cable service regulation, community participation becomes integral in shaping the future of cable services within its borders. A recent public statement from town officials invites community members to share their experiences with their cable and internet providers and contribute to the decision-making process.

This call to action is noteworthy given the proposed changes to the agreement, including a senior citizen discount and the introduction of a cable subscriber bill of rights.

The Town Board will reconvene on Thursday, Nov. 30, at 5 p.m., with a highly anticipated public hearing to consider a change of zone for the Jefferson Plaza property in Port Jefferson Station. To view the full hearing, please visit brookhavenny.gov/meetings.

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