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Kings park residents and their elected officials stand opposed to any plans to build a bridge or tunnel across Long Island Sound. File photo

Kings Park residents and their elected officials find the idea of building a bridge or tunnel from their backyard to Connecticut illogical and nearly comical.

State Assemblyman Michael Fitzpatrick (R-St. James) has come out as a strong opponent to Gov. Andrew Cuomo (D) statement that it’s time to pursue building a bridge or tunnel to connect Long Island to Connecticut to help reduce traffic — with an eye on Kings Park as a potential site.

“I find it inconceivable that you would destroy Sunken Meadow State Park and put truck traffic on the Sagtikos [State Parkway] to get over to Connecticut,” Fitzpatrick said. “It’s one of these things that everybody in theory thinks is a good idea but no one wants the disruption.”

 “I find it inconceivable that you would destroy Sunken Meadow State Park and put truck traffic on the Sagtikos [State Parkway] to get over to Connecticut.”
— Mike Fitzpatrick

Suffolk County Legislator Rob Trotta (R-Fort Salonga) called the governor’s suggestion of building a tunnel “outlandish” given the state is facing a budgetary deficit. He echoed Fitzpatrick in “it’s not going through the center of a state park.”

In his State of the State address Jan. 3, Cuomo revived the decades-old idea of building a bridge or tunnel that would connect Long Island to New England.

“We should continue to pursue a tunnel from Long Island to Westchester or Connecticut,” Cuomo said. “DOT has determined it’s feasible, it would be under water, it would be invisible, it would reduce traffic on the impossibly congested Long Island Expressway and would offer significant potential private investment.”

The concept of a bridge across the Long Island Sound was proposed by Sen. Royal Copeland (D-NY) in the 1930s and has been tossed around for decades. A 1957 Oyster Bay-Rye Bridge study was conducted but never moved to fruition.

In December 2017, New York State Department of Transportation released a final draft of a Long Island Sound Crossing Feasibility Study that examined the potential of building a bridge or bridge-tunnel combination at five different sites. The 87-page study concluded that a bridge or bridge-tunnel combination could be economically feasible at three different locations: Oyster Bay to Port Chester/Rye; Kings Park to Bridgeport, Connecticut; and Kings Park to Devon, Connecticut.

The study concluded that the DOT should move forward with the next step: A five-year environmental evaluation process looking at the impact construction and the bridge would have on the three proposed locations.

“Historically, when you see a bridge, tunnel or major interstate built you wind up with blight.”
— Tony Tanzi

“Gov. Cuomo has directed DOT to conduct additional engineering, environmental and financial analysis to determine the best path forward for this transformative project, which could reduce traffic on Long Island,” said DOT spokesman Joseph Morrissey in a statement. “DOT will closely examine any potential impacts as well as benefits to the local communities as part of the process.”

Tony Tanzi, president of the Kings Park Chamber of Commerce, said that he is not in favor of the project. He doesn’t see any benefit for Kings Park.

“I think physically these generally wind up with a blighted area,” Tanzi said. “Historically, when you see a bridge, tunnel or major interstate built you wind up with blight.”

Fitzpatrick agreed, citing that the construction of the Verrazano-Narrows Bridge forever changed the character of Staten Island. The assemblyman said he’d rather see Cuomo focus on the $5.6 billion Long Island Rail Road transformation plan to electrify the Port Jefferson line and build a third rail to improve traffic conditions.

Trotta suggested the state consider road widening to add lanes and reduce congestion, or start by fixing potholes on Route 25A.

If the state moves forward with construction plans for a bridge or tunnel in Kings Park, it is sure to face opposition.

“If the state tries to jam it down our throats, they’re in for one hell of a fight,” Fitzpatrick said. “It’s not the right place for it.”

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Suffolk County Legislator Kara Hahn is among the lawmakers hoping to use the #MeToo moment not only to change culture, but to change laws. File photo

Like a tidal wave slamming into the shore the #MeToo and #TimesUp movements, born of high-profile sexual assault and sexual harassment cases becoming public, are decimating decades-old culturally accepted standards regarding behavior in the workplace and otherwise. In an effort to keep up with rapidly shifting societal norms, lawmakers from local town governments all the way up through the federal level are examining existing laws pertaining to workplace sexual misconduct while also crafting new ones to cover potential lapses — in government and the private sector.

Laura Ahearn, an attorney and the executive director of The Crime Victims Center, a nonprofit dedicated to the prevention of sexual abuse and rape, as well as providing support for victims of violent crimes, said she views the #MeToo movement as a valuable opportunity.

“The #MeToo movement has created an ideal climate for us to call upon legislators to help us change a culture which has minimized sexual harassment and a society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and sexual harassment,” she said, adding her organization, which runs the Parents for Megan’s Law website, has many state-level legislative priorities currently in the works.

“Women have been taught to believe that performing sexual favors for their bosses is part of the job.”

— Marjorie Mesidor

While cases of harassment, assault and general sexual misconduct involving prominent men in government and the entertainment industry are resulting in serious consequences, through loss of employment or social pariah status, low-profile offenders, especially from the private sector, are likely avoiding them. Creating concrete ways to punish offenders operating out of the public eye will be a challenge for lawmakers going forward.

According to Suffolk County Legislator Sarah Anker (D-Mount Sinai), the county passed legislation in December mandating all elected officials and department heads be trained on sexual harassment and assault by the Office of Labor Relations.

The law mandates elected officials and department heads be trained starting 2018, and again every two years. Anker said she’s hoping to amend the law to make it mandated that every new hire be educated once taking a position.

Marjorie Mesidor, a partner at New York City’s Phillips & Associates law firm, which specializes in employment discrimination and sexual harassment cases, said she was floored to hear the law was only just put in place.

“Great progress,” she said. “I’m not mocking it, but my stomach is churning.”

Mesidor pointed at state and federal laws that require a complaint to be filed in order for businesses with management-level employees accused of harassment to be legally held liable as a deterrent in justice being achieved for victims. She said when formal complaints are made by employees, cross examination follows that takes on the tone of “slut shaming.” She said that in itself is enough to prevent many women from filing initial complaints, thus harming their harassment cases in the future.

“I’ve seen a trend of cases come into our office of women who are in forced sexual relationships with their bosses over time,” she said. “They’ve been taught to believe that performing sexual favors for their bosses is part of the job.”

“What about someone working in a deli, the restaurant waitress — their jobs, their life depend on that paycheck from the boss who might just be making them uncomfortable … It might be much worse.”

— Kara Hahn

Employees and employers in the private sector are often unaware of their rights and what constitutes harassment that would hold up in court, according to Mesidor. She said New York City Human Rights Law doesn’t require formal complaints, and should be looked to as an example for writing harassment laws.

Bills are currently in committee in the U.S. Senate and House of Representatives that would amend the Congressional Accountability Act of 1995, a law passed to require Congress to follow employment and workplace safety laws applied to the business world. The Senate version of the bill, sponsored by Sen. Kirsten Gillibrand (D-New York), if passed, would reform procedures for investigating harassment complaints in Congress and require public announcement of the offender and the dollar amount in the cases where settlements are reached. This week, Newsday reported more than $10 million of taxpayer money has been used to settle 88 sexual harassment, discrimination and other related cases in state government over the last nine years.

Brookhaven Town Councilwoman Valerie Cartright (D-Port Jefferson Station) said she would like to see laws put in place requiring businesses to adopt best practices when it comes to sexual harassment, rather than simply providing legal cover for the ones that do.

Legislator Kara Hahn (D-Setauket) agrees.

“What about someone working in a deli, the restaurant waitress — their jobs, their life depend on that paycheck from the boss who might just be making them uncomfortable,” she said. “It might be much worse.”

In October 2015, New York Gov. Andrew Cuomo (D) signed legislation to prevent harassment in the workplace. The legislation directed the state Department of Labor and Division of Human Rights to make training available to employers to help them develop policies, procedures and their own training to address and eliminate discrimination and harassment in the workplace. Cuomo signed legislation “Enough is Enough” that year, which requires all colleges to adopt a set of comprehensive procedures and guidelines, including a uniform definition of affirmative consent, a statewide amnesty policy and expanded access to law enforcement.

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New law to places limit of three consecutive terms, or 12 years, in office

Huntington Supervisor Chad Lupinacci. File photo by Sara-Megan Walsh.

By Sara-Megan Walsh

No sooner had the era of former Huntington Supervisor Frank Petrone ended that its residents were guaranteed a 24-year reign cannot happen again.

Town of Huntington board voted 4-1 to approve term limits for all elected officials Jan. 23.

The legislation, proposed by Councilman Gene Cook (R), limits the offices of town supervisor, town council, town clerk, receiver of taxes and the superintendent of highways to three consecutive terms, or a total of 12 years in office.

“The town is going to be much better off,” Cook said. “Elected officials have an upper hand and can be there forever. Now, we’ve sort of evened the field today. It took a long time, far too long, but I’m glad it’s done.”

The councilman has been working to enact term limits on Huntington’s elected officials since June 2017, when he publicly solicited and polled residents for their opinions regarding term limits before scheduling the issue for a public hearing in August 2017.

The controversy of his legislation has been the inclusion of two non-policy-making positions, the position of town clerk and receiver of taxes. Town Clerk Jo-Ann Raia (D) publicly spoke against it Tuesday night.

“I fail to see how term limits for all eight elected officials is a mandate,” Raia said. “Have any of you researched this proposal to determine where it is successful? Have any of you spent time in the Town Clerk’s and Tax Receiver’s office to actually see the work we do and what we are legally responsible for?”

Raia said since the public debate on term limits began, none of the town board members have stepped foot in her office or sat down with her to have a conversation about what the town clerk’s responsibilities include based on her more than 35 years of experience in office.

“My office issues 30-plus various licenses and permits,” she said. “I have to learn 15 state and town laws, and one federal law that governs the town clerk’s responsibilities. It takes years to learn the licensing procedures alone.”

Raia rallied support from dozens of town clerks across the state, who sent letters opposing term limits on town clerks and receivers of taxes to be read into the record. Among her supporters were Riverhead Town Clerk Diane Wilhelm, Islip Town Clerk Olga Murray and Brookhaven Town Clerk Donna Lent.

“Every change in town clerk, there has been a path of destruction,” Lent wrote in a letter, citing the rapid turnover in the Brookhaven town government.

Islip is the only other town government on Long Island to have placed term limits on the position of town clerk, according to Raia. It enacted term limits after a ballot referendum passed in 1994, limiting town clerks and supervisors to three 4-year terms.

Councilwoman Joan Cergol (D) was the sole vote against enacting term limits, citing her reason it shouldn’t include non-policy-making positions.

“I don’t believe in term limits for non-policy-makers because of my own experience as a technician of sorts in the [Community Development Agency] and understanding it takes a long time to master laws, policies, procedures and the details associated with that type of work,” said Cergol, the former director of Huntington’s CDA. “I don’t feel term limiting of that type is cost effective or efficient for taxpayers.”

Supervisor Chad Lupinacci (R) stood by the resolution and said he believed it was a step forward.

“I believe if we are going to institute term limits at this level of government, it should affect all of the elected officials at that level of government,” he said.

The supervisor said he does have a concern that the legislation could face a legal challenge as it was drafted to be effective starting in 2017, making it retroactive on those elected to office last November. He stated it may be amended to be effective as of 2018 or 2019.

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Local government officials at all levels are pushing for the Shoreham woods adjacent to the Pine Barrens be spared from development. Gov. Andrew Cuomo put plans in his preliminary budget despite vetoing a bill to save the trees. File photo by Kevin Redding

By Kevin Redding

Suffolk County elected officials learned last week that with perseverance comes preservation.

In a surprising move, Gov. Andrew Cuomo (D) unveiled in his 2018-19 executive budget Jan. 16 that roughly 840 acres in Shoreham would be preserved as part of an expansion of Long Island’s publicly protected Central Pine Barrens. This proposal — which, if the budget is passed, would make the scenic stretch of property surrounding the abandoned Shoreham nuclear power plant off limits to developers — came less than a month after Cuomo vetoed a bill co-sponsored by state Assemblyman Steve Englebright (D-Setauket) and state Sen. Ken LaValle (R-Port Jefferson) calling for that very action.

A proposal was made to cut down a majority of the more than 800 acres in favor of a solar farm. Photo by Kevin Redding

“We saw that he did a cut and paste of our bill,” Englebright said. “It left in all of the language from our bill for the Shoreham site and now that’s in the proposed executive budget. That is really significant because, with this initiative as an amendment to the Pine Barrens, this will really have a dramatic long-term impact on helping to stabilize the land use of the eastern half of Long Island. The governor could do something weird, but as far as Shoreham goes, it is likely he will hold his words, which are our words.”

The bill, which passed overwhelmingly through the two houses of the Legislature in June but was axed by the governor Dec. 18, aimed to protect both the Shoreham property and a 100-acre parcel of Mastic woods from being dismantled and developed into solar farms.

Both Englebright and LaValle, as well as Brookhaven Town Supervisor Ed Romaine (R), pushed that while they provide an important renewable energy, solar panels should not be installed on pristine ecosystems. They even worked right up until the veto was issued to provide a list of alternative, town-owned sites for solar installation “that did not require the removal of a single tree,” according to Romaine.

In Cuomo’s veto, he wrote, “to sign the bill as drafted would be a step in the wrong direction by moving away from a clean energy future instead of leaning into it.” Englebright said he and his colleagues planned to re-introduce the legislation a week or two after the veto was issued and was actively working on it when the proposed budget was released.

The legislation’s Mastic portion, however, was not part of the budget — an exclusion Englebright said he wasn’t surprised by.

State Assemblyman Steve Englebright, despite Shoreham not being in his coverage area, has been pushing to save the virgin Shoreham property from development. File photo

“During negotiations leading up to the bill’s veto, the governor’s representatives put forward that we let Mastic go and just do Shoreham — we rejected that,” he said. “We didn’t want to set that precedent of one site against the other. So he vetoed the bill. But his ego was already tied into it.”

The 100 acres on the Mastic property — at the headwaters of the Forge River — is owned by Jerry Rosengarten, who hired a lobbyist for Cuomo to veto the bill. He is expected to move ahead with plans for the Middle Island Solar Farm, a 67,000-panel green energy development on the property. But Englebright said he hasn’t given up on Mastic.

“We’re standing still in the direction of preservation for both sites,” he said. “My hope is that some of the ideas I was advocating for during those negotiations leading up to the veto will be considered.”

Romaine said he is on Englebright’s side.

“While I support the governor’s initiative and anything that preserves land and adds to the Pine Barrens, obviously my preference would be for Steve Englebright’s bill to go forward,” Romaine said. “There are areas where developments should take place, but those two particular sites are not where development should take place.”

Dick Amper, executive director of the Long Island Pine Barrens Society, who has been vocal against the veto and proposals for solar on both sites, said Cuomo is moving in the right direction with this decision.

“It’s clear that the governor wants to avoid a false choice such as cutting down Pine Barrens to construct solar,” Amper said. “I think he wants land and water protected on the one hand and solar and wind developed on the other hand. I believe we can have all of these by directing solar to rooftops, parking lots and previously cleared land.”

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A rendering of the Overbay apartment complex. Image from The Northwind Group

By Kevin Redding

A new, 52-unit apartment complex being built in Port Jefferson Village this spring just got a financial boost from the town.

The $10.8 million project, which will be called Overbay, was recently approved for a package of economic incentives that includes sales tax exemption and payments in lieu of taxes, or PILOTs, by the Town of Brookhaven Industrial Development Agency.

During a Jan. 10 meeting, members of the IDA board announced the approval for the Hauppauge-based development company, The Northwind Group, to construct the 54,000-square-foot “nautical-style” apartment building on the now-vacant site of the former Islander Boat Center building on West Broadway, which was demolished by the company in February. The IDA received Northwind’s application in 2015.

Overbay would stand as the third new apartment complex built in the village in recent years. With the IDA’s assistance, it is expected to have considerably lower rent costs than the others in the area, according to Lisa Mulligan, IDA chief executive officer.

Prices for the units have not been established yet. When Northwind managing member Jim Tsunis received approval by the village building and planning department for the apartments in 2015, he estimated rents would range between $1,800 and $2,200 a month, Mulligan said.

“Just in general, the need for affordable rental housing in the Town of Brookhaven is well documented and significant, so our IDA board of directors felt this was a project that would help fill that need,” Mulligan said, adding Overbay will be especially helpful for college students and seniors. “The clientele is anybody who is looking to move out of their home and into something that’s a little easier to upkeep. There aren’t enough legal rentals that are [affordable]. A development like this one provides that option.”

Frederick Braun, chairman of the IDA, spoke of Overbay’s benefits in a press release.

“This project will bring much-needed rental housing to an area near to Stony Brook University and Port Jefferson’s Mather and St. Charles hospitals and spur additional spending in the village and the town,” he said.

The complex is also expected to create two permanent jobs — Mulligan speculated perhaps a rental agent and a building superintendent — and 150 construction jobs over a two-year period. IDA financial incentive agreements typically require the creation of jobs, both permanent and construction related.

Tsunis said the incentives will help Northwind offset the Islander Boat Center building’s $200,000 demolition costs.

“It’s going to enable me to spend more money on the building, so the end result is there will be a better product for the residents of Port Jefferson,” Tsunis said. “It’ll definitely bring people into the downtown area that will spend money at the local shops.”

Community response has long been mixed on the project, even within the village board.

Overbay’s eastern neighbor, The Shipyard apartment complex, which was constructed by Tritec Development Group, opened in January. That project secured a financial assistance package from the Suffolk County IDA and will make PILOT payments to the village for 15 years in lieu of property taxes.

The influx of new village residents without the benefit of increased property tax revenue has been a point of contention for property owners.

“I think it’s a real disaster for the village that they were able to get this financial assistance,” 30-year village resident Molly Mason said in a previous interview, referring to The Shipyard. “It’s like we’re giving away the store.”

Village Mayor Margot Garant and the board of trustees previously opposed the financial assistance granted to Tritec.

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Margaret Allen, minister of the Unitarian Universalist Fellowship at Stony Brook, attended the event with 25 congregants from her church. Photo by Rita J. Egan
Dan Cignoli, of Coram, found the event invigorating. Photo by Rita J. Egan
Hundreds turned out for the 2018 Women's March in Port Jefferson Station. Photo by Rita J. Egan
Local residents gathered on the opposite corner of the Women's March to express their opinions. Photo by Rita J. Egan
Hundreds turned out for the 2018 Women's March in Port Jefferson Station. Photo by Rita J. Egan
Cindi DeSimone, of Farmingville, aims to teach her twins that both of them are of value. Photo by Rita J. Egan

A year after millions of Americans participated in women’s marches across the U.S. following the inauguration of President Donald Trump (R), Long Islanders are still rallying to raise their voices — and signs — with the hope that elected officials in Washington, D.C., will hear their cries.

On Jan. 20, women, men and children gathered on the southeast corner of routes 347 and 112 in Port Jefferson Station for the 2018 Women’s March Rally Long Island: A Call to Reclaim Our Democracy. Despite a similar event taking place in New York City, hundreds from Suffolk and Nassau counties chose the Port Jeff Station event organized by grassroots activist groups Long Island Rising and the North Country Peace Group. In 2017, the Women’s March held at the same location drew 2,000 participants, according to a press release from the organizations. This year’s event once again gave residents an opportunity to voice their concerns about women’s rights, the environment, immigration and many more issues facing Americans.

Kathy Lahey, a founding member of Long Island Rising, said she felt hopeful about the future after seeing so many women in attendance, and she hopes elected officials will hear their concerns.

“Women are going to step up to the ballot box in November and [beyond] and create a country that works for all of us, not just a few.”

— Kathy Lahey

“To me it’s billionaires and the corporations and very few people that are getting their way right now, and people are suffering,” Lahey said. “Women are going to step up to the ballot box in November and [beyond] and create a country that works for all of us, not just a few.”

Susan Perretti, a member of the North Country Peace Group, was also optimistic after the rally.

“It is clear that status quo is not going to fix the mess America is in,” Perretti said. “And with the marches and rallies this past weekend, I feel confident that we are ready and willing to do what it takes to bring back the America of compassion for the poor and vulnerable, of respect for the dignity of all people, the America of inclusion not exclusion.”

Margaret Allen, minister of the Unitarian Universalist Fellowship at Stony Brook, attended the event with 25 congregants from her church.

“I was in New York City last year for the march, and this is nothing compared to that in terms of people, but in our relatively conservative area, this is a good turnout,” Allen said. “And, we are getting a lot of people honking.”

At times, the cheers of participants and honking from drivers passing by drowned out the voices of guest speakers such as former Suffolk County legislator and congressional hopeful Vivian Viloria-Fisher and Tracey Edwards, former Huntington councilwoman and Long Island regional director of the NAACP New York State Conference.

Leslie Luft, owner of Absolute Yoga Studio in Woodbury, said she traveled to the Suffolk County event with teachers and students from her school, choosing it over the New York City rally.

“We came out here to stand up for women’s rights,” said Elyce Neuhauser a teacher with Absolute Yoga Studio. “We came to stand up for human rights, to support each other, to create a peaceful community and country.”

Maryanne Vogel said she was glad the group made the trip from Nassau County to exercise their rights in a peaceful way.

“It’s just wonderful to see all the people out here — men, women and children,” Vogel said. “And, the honking of the horns, it just makes me feel good to be an American today, and an American woman.”

Dan Cignoli, of Coram, who attended last year’s event in Port Jeff Station, said he is politically active because he believes people need to do something about an administration he feels is at war with Americans. He found this year’s gathering invigorating.

“The Women’s March last year and this year has brought out the activists in everybody,” Cignoli said. “It’s wonderful to see.”

“The Women’s March last year and this year has brought out the activists in everybody.” It’s wonderful to see.”

— Dan Cignoli

Across Route 347 on the northeast corner, about a dozen people stood with American flags and pro-Trump signs. Howard Ross and Heather Martarello, members of the North Country Patriots who stand on the corner of Route 25A and Bennetts Road in East Setauket every Saturday morning to show support for Trump, said it was important for them to be there.

Ross, who served in Europe during the Vietnam War, remembered coming home in 1963 in his uniform and being spit on. He said for him it’s important for people to participate in events such as the rally, even if they are on the opposing side, and voice their opinions. Ross said he has two granddaughters and sees how much the country has negatively changed since he was a child in the 1950s.

“I get upset for them that’s why I feel we have to do more for this country,” Ross said.

Martarello said when she first arrived on Saturday the size of the crowd on the southeast corner seemed daunting to her but she said the rally was a peaceful one.

“They are entitled to express their opinions, and we want to express ours,” Martarello said. “Not only to get our voice out but to reach out to people going past, who when they see that huge crowd on the other side, and think, ‘Wow, there are so many people there, everybody thinks that way.’ But, then they see us, they say, ‘No, everybody doesn’t think that way. See, there are people who think like us.’ They realize a lot of people feel the way we do.”

Back on the southeast corner, Cindi DeSimone, of Farmingville, who attended the event with her 5-year-old twins Jake and Kate, said she attended similar rallies in the past, but this was the first time she brought her children. While Jake held a sign that read, “Boys will be boys” with “boys” crossed out and replaced with “good people,” Kate held a sign with the same sentiment about girls.

“I think that the times are scary, and I only hope that we have something to leave to our future generations,” DeSimone said. “I think everybody can do one thing. What I’m doing is trying to teach [my children] to be good stewards of the environment and be respectful of each other.”

This post was updated on Jan. 24 with the full story.

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Deer rutting season means more of the animals running out on local roads. Photo by Rohma Abbas

An East Quogue-based hunting group is taking aim at Smithtown town code that regulates the use of firearms, including longbows.

Hunters for Deer filed a lawsuit against the Town of Smithtown in New York State Supreme Court last month, claiming the town’s required firearms code is illegal and inconsistent with state regulations set by the Department of Environmental Conservation.

“The town is stepping on the DEC’s toes,” said Michael Tessitore, president of Hunters for Deer. “We are saying that we already have laws being regulated by the DEC, the town is muddying the waters.”

Tessitore said he and his fellow hunters take issue with the town’s definition of a firearm because it differs from the DEC’s definition and increases the required setback, or distance hunters can be from a dwelling.

Under Section 160 of town code, Smithtown defines a firearm as “a weapon which acts by force of gunpowder or from which a shot is discharged by force of an explosion, as well as an air rifle, an air gun, a BB gun, a slingshot and a bow and arrow.” It was last updated in January 1990.

By comparison, the DEC’s regulations recognize rifles, pistols, shotguns and specific types of airguns as firearms, but doesn’t include longbows which are used for deer hunting.

Due to this difference, Hunters for Deer is suing saying the Town of Smithtown’s required 500-foot setback from the nearest dwelling to discharge a firearm is illegal, citing that New York State reduced the setback for longbows from 500 to 150 feet in 2014.

The difference in the laws illegally restrains hunters from shooting deer within Smithtown or face possible prosecution, according to the lawsuit filed Dec. 7, and denies them their civil right to participate in hunting activity.

“I have a lot of property owners from Smithtown who call me and ask me to hunt their property, but when they find out the setback they don’t want to do it,” Tessitore said. “It causes the property owners to not want to cause any conflict with their community and get tickets for an otherwise legal activity.”

Christian Killoran, a Westhampton Beach attorney representing Hunters for Deer, sent a letter to the Town of Smithtown advising it of the issues with its code, according to Tessitore, but no action was taken.

Nicole Garguilo, newly appointed town spokeswoman, said that town attorney Matthew Jakubowski was unable to comment on pending litigation.

The town’s response to the lawsuit filed Dec. 18 stated the town was advised of the hunting organization’s position, but its “actions were lawful and within statutory constitutional authority.”

Tessitore said his group previously filed a lawsuit against the Village of Sag Harbor when it attempted to make a law that would have banned hunting within its borders, getting village officials to revisit and later change it. Tessitore said he hopes this lawsuit will have similar effect on the Town of Smithtown, causing town offices to amend town code to be more inline with the state DEC’s regulations.

“The only way to get a municipality’s attention is through a lawsuit and let a court decide who is right and who is wrong,” he said.

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Engineer Charles Voorhis describes the planned community dock in Poquott and answers residents’ questions at a Jan. 5 planning board meeting at Emma Clark Library. YouTube screenshot from Village of Poquott

While the divisiveness over a proposed community dock in the Village of Poquott may be lessening, some are keeping a watchful eye on the plans.

A handful of residents attended a Jan. 5 village planning board meeting at Emma S. Clark Public Library to hear a presentation given by village engineer Charles Voorhis. The managing partner of Nelson, Pope & Voorhis was on hand to discuss the design of the proposed dock, which is planned for California Park at the end of Washington Street.

Voorhis said the proposed fixed dock would be 128-feet long and 4-feet wide, and at the end, would include a landing area measuring 6-feet wide. The engineer said the dock will include water service, solar panel-powered rail lighting for nighttime and an ADA access ramp made of concrete.

During high tide, a beachgoer could walk up the stairs on the north side and down the stairs on the south side, according to Voorhis, and during low tide villagers could walk underneath. There will be a 30-foot gangway that will serve as a transition from the dock to a 30-by-8 foot float which will make it easier to get into boats, especially smaller recreational crafts.

“I will say that this is a very straightforward installation,” he said. “It’s very similar to what you see for recreational piers for residential homes around the harbor.”

“It’s very similar to what you see for recreational piers for residential homes around the harbor.”

— Charles Voorhis

Ted Masters, interim planning board chairman, said the design meets the criteria described in Chapter 64 of the village code. At a Oct. 26 public hearing, the village trustees made amendments to the chapter per suggestions made by the planning board. According to the Oct. 26 meeting’s minutes, the required water depth to build a dock was changed from 4 feet to 3 ½ feet, and the width of the dock was changed from not to exceed 3 ½ feet to 4 feet and may exceed where needed to become compliant with the Americans with Disabilities Act. Voorhis said the depth of the water is taken into consideration to ensure any floats for the dock will not rest at the bottom of the waterway and 3 ½ feet is adequate.

After the engineer’s presentation, the meeting was open for public comments and questions.

“I’m just concerned about people who have difficulty maneuvering, putting steps in their way,” Cindy Davis said, after asking if there would be railings, which Voorhis said there would be.

Another resident asked what can be done to prevent icing on the dock. Voorhis said the village is addressing whether or not the dock will need bubblers, which circulates water when there are freezing conditions, and the village is looking into options as far as powering them if needed.

Roger Flood, of Poquott, asked how the dock would be moved and stored in the winter. Voorhis said large cranes are used in many areas including Port Jefferson Harbor, and he suggested an upland location for storage either in the parking lot, since its not used as much in the colder seasons, or a grassy area.

After the Jan. 5 meeting, board trustee Jeff Koppelson said in a phone interview there has been less public debate about building a community dock, a topic that disrupted prior meetings as many questioned the financial impact of installing one.

“The board of trustees are very conscious of what we have to do to keep an eye on the money angle,” he said, adding a notice was recently posted on the village’s website regarding costs.

The board is looking into a five-year bond for $150,000, according to the post, and the payments would be $32,475 per year. The first two years could be paid off if the board approves the moving of $50,000 from the fund balance plus the $16,160 from the Poquott Village Community
Association.

In order to pay the remaining balance of the bond, there would be a tax increase for each household of $80 per year for three years. There would also be the maintenance cost of the dock at $2,075 a year for the village, which would include general maintenance, the floats being removed from the water in the winter and additional insurance.

A few in attendance questioned whether enough or proper notice was given regarding the Jan. 5 meeting. Masters said another public planning board meeting regarding the dock is scheduled for 7 p.m. Jan. 29 at Poquott Village Hall. Residents can also send comments to village hall if they are unable to attend. Dock plans and minutes from past meetings are available for viewing at Poquott’s village hall and posted on its website.

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Smithtown resident Tom Lohmann takes the oath of office after accepting appointment to Smithtown Town Board. Photo by Kevin Redding

By Kevin Redding

To the surprise of some residents at a Smithtown board meeting last week, Tom Lohmann was sworn in to the town council position he ran unsuccessfully for in November.

Supervisor Ed Wehrheim (R), whose campaign team included Lohmann and Nesconset resident Robert Doyle, said in a statement that after “vetting multiple candidates” and sifting through four resumes, Lohmann emerged the clear winner based on his credentials.

Lohmann, a Smithtown resident, is a former member of the New York City Police Department and current investigator for the county district attorney’s  insurance crime bureau. Wehrheim said the new counilman has shown an ability to maintain confidential information, a knowledge of town laws and codes, and a deep understanding of what the residents want.

“I did not feel there was a rush to appoint anybody.”

— Lynn Nowick

“Ultimately, the deciding factor was in choosing an individual who would work the most cohesively together with the entire town council,” the supervisor said.

But not everyone agrees with the town board on this decision, including one of its own.

Councilwoman Lynn Nowick (R) abstained from voting on the appointment Jan. 9, saying she felt as though there should have been a more thorough vetting process. The councilwoman said she felt there should have been open interviews conducted with all interested candidates during one of the board’s work sessions.

In fact, Nowick said “there was no process” or any townwide notification that the council was accepting resumes for the position. She also said she wanted to hear community input before a decision was made.

“I did not feel there was a rush to appoint anybody,” Nowick said. “It was only Jan. 9. I’m certain we could’ve survived for a few weeks … I would like to have met as a group and interviewed [prospective candidates].”

Among those who spoke out against Lohmann’s appointment was Robert Souto, of Nesconset. Souto said he felt the position should have gone to Democrat Amy Fortunato instead as she placed third in the general election, behind the two incumbents, receiving 17.6 percent of the votes. He asked board members “what was going on” with their decision to appoint Lohmann.

“This is out in public now and it just doesn’t look good,” Souto said. “It seems to be tainted. It’s not a good way to start out.”

Ed Maher, chairman of the Smithtown Democratic Committee, said to the best of his knowledge, there was no official request by the town for applications to fill the position and he was never contacted about a vetting process.

He said Fortunato sent her resume in for consideration, but did so unsolicited, separate from the Democratic committee. Fortunato said she didn’t receive any response from Wehrheim or the town after submitting her resume.

“I think that the Republicans in town made the decision that Tom Lohmann was going to be appointed and they went and did it,” Maher said. “I don’t want to see the town return to where the town’s Republican Committee seems to be making the decisions of who gets to be in town government.”

“This is out in public now and it just doesn’t look good. It seems to be tainted. It’s not a good way to start out.”

— Robert Souto

The party chair said he is hopeful that the Democratic party will be represented on the town board after the town council elections this November.

Joseph Saggese, a St. James resident and Certified Public Accountant, also submitted an application for the open town board seat. Saggese has served on the Smithtown Central School District’s board of education for seven years and has been on the Smithtown Board of Ethics for six years. A registered Republican, Saggese said he was encouraged by other Smithtown Republicans to apply.

“I spoke with Ed Wehrheim and he told me he was going with Lohmann,” Saggese said. “He has a loyalty to the guy that ran with him. I understand loyalty, but there are other ways to repay loyalty. I wish him and everyone else luck though.”

Nicole Garguilo, town spokeswoman, said Lohmann was appointed because he brought a much-needed law enforcement background to the table. She said it was felt he will be an asset when it comes to interacting with the 4th Precinct, emergency medical services and tackling the opioid problem.

Lohmann has been appointed to serve through Dec. 31,  and will have to run a campaign for re-election this November if he wishes to serve the remaining year of Wehrheim’s council seat from Jan.. 1 to Dec. 31, 2019.

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U.S. Rep. Lee Zeldin tours Elsie Owens Health Center in Coram before a press conference in which he called on Congress to reauthorize CHIP. Photo from Zeldin's office

By Alex Petroski

Political gridlock is nothing new in Washington, but if an agreement on a federal funding bill isn’t reached by Jan. 19, this time children’s health will be at risk.

In September, the Children’s Health Insurance Program expired, and Congress passed a short-term funding bill just before Christmas to keep the federal government funded through this Friday. The program, also known as CHIP, is a service that provides low-cost health coverage to children in families that earn too much money to qualify for Medicaid. Originally enacted in 1997, CHIP provides matching funds to states for health insurance to families with children. It was slated to run for 10 years, but has since been reauthorized on several occasions since 2007. In 2016, almost 9 million children were enrolled in the program, according to Medicaid.gov. The program covers routine check-ups; immunizations; doctor visits; prescriptions; dental and vision care; and emergency services for enrollees. In November, the House passed a five-year reauthorization bill to keep the program running, but it never reached the Senate floor.

U.S. Rep. Lee Zeldin (R-Shirley) urged lawmakers to pass a bill reauthorizing funding for the program, which also provides funding for community health centers, during a press conference Jan. 12 at Elsie Owens Health Center in Coram. A long-term bill will need to be passed to keep services like CHIP running for the remainder of 2018.

“These essential programs provide millions of children, veterans and individuals with the healthcare services they need,” Zeldin said. “In New York alone, CHIP provides health insurance for 300,000 New York children, while nearly 2 million New Yorkers rely on Community Health Centers for their health care services. On behalf of the millions of New Yorkers who rely on CHIP and Community Health Centers, we must reach across the aisle and work together to preserve these vital programs.”

Although more political debates will likely ensue on other issues pursuant to funding the government through the end of the year, Zeldin said he doesn’t expect reauthorization of CHIP to be used for bargaining by either political party.

“I do not expect to see a partial shutdown after next Friday, so everyone anticipates the funding to continue, but this also presents an opportunity to add the reauthorization language into the next funding bill,” Zeldin said in an interview after the event. “It’s two parts that have been running on different tracks. However, I believe that there is an opportunity here to add the reauthorization language to get it through the House, through the Senate, signed by the President — and reauthorization done.”

New York’s U.S. Sens. Chuck Schumer (D) and Kirsten Gillibrand (D) have each stressed the importance of renewing CHIP as part of larger federal funding discussions.

“We have two weeks to negotiate a budget deal that must also address a host of other items, #ExtendCHIP, community health centers, disaster aid, and of course, the #Dreamers,” Schumer said in a Jan. 3 tweet.

HRH Care Community Health President and Chief Executive Officer Anne Kauffman Nolon, Elsie Owens Health Center Medical Director Nadia Arif and Brookhaven Memorial Hospital Medical Center President and CEO Richard Margulis were among the healthcare professionals in attendance who applauded Zeldin’s calls for funding.

“Not extending the funding for these vital programs could have a devastating effect on both our population, and BMHMC, which also faces potential cuts as a Disproportionate Share Hospital,” Margulis said.

According to the Congressional Budget Office, five-year reauthorization of CHIP would cost $800 million over a 10-year period.

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