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Port Jefferson Village Hall. File photo by Heidi Sutton

Port Jefferson government will have at least one new face this summer.

Three seats on the village board of trustees are up for election in mid-June, including those of the mayor and two trustees. Mayor Margot Garant is running for a fourth term and faces a challenge from resident Dave Forgione. Trustee Larry LaPointe is on the hunt for his third term on the board, running against resident Matthew Franco and Stan Loucks, chairman of the County Club Management Advisory Council.

Trustee Adrienne Kessel, whose third term is ending this year, is not running for re-election. In a phone interview, she called being on the board “a tremendous commitment.”

“I just felt that after 6 years, I’m hoping that some good candidates step up,” she said. It’s “time to kind of reclaim a little more time for myself.”

She said she would continue to serve on the village’s architectural review committee and as the head of the committee involved in upgrading Rocketship Park in downtown Port Jefferson. Kessel has been a driving force in fundraising and design for the park project.

Kessel advised whoever succeeds her to take the job seriously and make decisions based on what is best for the village as a whole.

“Many, many things come into view when you become a trustee,” she said. “You begin to see an entirely new picture of the village where you live.”

Voting is on Tuesday, June 16, at the Village Center, from 6 a.m. to 9 p.m.

Mayor
Garant said she is not ready “to turn over the keys.”

She said she is still working toward getting the aging local power plant upgraded — or repowered — so it continues operating and thus remains a source of property tax revenue for the village. The incumbent is also focused on completing Port Jefferson’s comprehensive plan, which outlines recommendations for development throughout the village, and on pushing for revitalization in the uptown area, which has issues with vacant buildings and crime.

“The first several years of my administration I felt that I was doing a lot of corrective work,” Garant said, between fixing infrastructure that had been long neglected and stabilizing the budget. “We’re finally moving, I feel, in a very, very positive direction.”

She is also advocating to get a Town of Brookhaven jetty in Mount Sinai repaired, as the jetty, which is between Port Jefferson’s East Beach and Mount Sinai Harbor, in its damaged state allows currents to carry sand away from the village beach, causing erosion.

“We have a really good rhythm and I’d really hate to see that interrupted or, worse, for us to take a step backward,” the mayor said. With another two years, “I will work as hard as I have for the last six.”

Her challenger, Forgione, who has lived in the village for 15 years and operates a billing and accounting business in upper Port, said he threw his hat in the ring because “our village deserves a choice.”

He wants to more tightly control village taxes and help financially prepare the village in the event that the community loses property tax revenue from the Port Jefferson power plant. Forgione would also like to call on the state and the Long Island Rail Road to upgrade the crossing in upper Port to relieve traffic congestion, and work with the Suffolk County Police Department and village code enforcement officers to reduce crime in that area.

Another issue for the challenger is transparency — he said he would like to upgrade the village website to collect more public opinions on government proposals.

Forgione, a veteran of the U.S. Army Reserves and the National Guard, said his current and past experience in business and finance, on the local board of assessment review, on the Comprehensive Plan Advisory Committee, on the school district’s budget advisory committee, and as a fiscal manager for a cancer screening program with the county health department would help him lead the village.

“I want to maintain that small-town feel with the residents and the business owners while encouraging growth in the 21st century.”

Trustees
LaPointe said he is running for re-election because there is “unfinished business” in the form of projects he wants to see through.

The incumbent, a retired attorney, has been working on renovations in the village’s downtown parking lots and on improving security by strengthening a network of cameras in commercial areas, among other projects.

“So we have a lot on our plates,” he said.

The trustee said he is proud of his work to increase police presence in lower Port — improving safety particularly on weekend nights during the village’s peak summer season — and of his role in renovating the country club golf course and maintenance building.

He also said the village now has a club “that’s second to none.”

“After a lot of hard work, the village is finally starting to get into a good place — a place where we’re economically secure, a place where we can look forward to a bright future,” LaPointe said when asked why residents should vote for him.

One of his challengers, Loucks, has lived in the village since 1981 and is a retired athletics teacher and administrator in Plainview-Old Bethpage. He is running for the village board because after volunteering on the CCMAC for a number of years, “I feel I have so much more to offer to the village than just working with the membership up at the country club.”

Loucks said he wants to work toward repowering the Port Jefferson power plant, revitalizing upper Port and broadening the village’s tax base.

“I also want to get involved … in making a better relationship between the schools and the administration downtown.”

He said the village and the school district should work more closely, partnering more on things like recreation programs.

Loucks said one of his strong points is budgeting, after working as a school administrator. At Plainview-Old Bethpage, “I was handling budgets larger than the village budget. … And I was always able to make ends meet.”

He said people should vote for him because he is good at listening and organizing.

“Along with the budgeting I think my strong point is my ability to get along with everyone.”

The third candidate for a trustee seat, Franco, has lived in the village for 10 years and is a pediatric occupational therapist for Nassau BOCES. He is running for a trustee position because he thinks taxes are too high and there is “very little transparency” in the village government.

“The biggest thing that we need to do … is inform the community of what’s going on,” he said in a phone interview. “There is no openness to this government. … They should be entitled to all the information that’s going on in the village.”

Franco also has concerns about the village’s efforts to revitalize upper Port — he said the level of development that the village’s proposed comprehensive plan would allow there would congest Main Street.

“They’re not really addressing the traffic issue and that is an ambulance route,” he said.

According to Franco, the village could use incentives like tax credits to get local business owners uptown to redo their facades, or other similar methods of enhancing upper Port.

“Our small businesses are an invaluable component to our village and I don’t think they’re being dealt with in an effective manner.”

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Glenn Jorgensen poses with a tree stump at the Montclair Avenue highway yard. File photo by Rachel Shapiro

In a short and not very sweet memo, Smithtown’s supervisor called out the superintendent of highways.

Pat Vecchio (R) said he felt Glenn Jorgensen should resign from his post amid a slew of accusations surrounding his performance on the job, including an alleged sexual harassment scandal and various felony charges against Jorgensen regarding road paving projects late last year. The letter came after the supervisor learned Jorgensen, 63, had allegedly taken his personal secretary out to a job site.

Vecchio’s memo included an attachment from the Suffolk County Civil Service Department, which explicitly outlined the job description of the secretary to the highway superintendent and did not include on-site work.

“It is my understanding that today, May 13, 2015, you had [a] secretary accompany you to a job site,” the memo said. “It seems to me that you are either not comprehending why the position exists, you have a disregard for civil service law or you are mocking the town board and the public.”

Town records showed that Jorgensen, who could not be reached for comment, hired Kaitlin Swinson as his new secretary in late January. Her position had initially been terminated back in February when the town board voted unanimously to rescind the $38,000 allocated for her job, but later reinstated her position in a 3-1 vote in March. She could not be reached for comment.

The highway superintendent has been at the center of controversy for several months now since a notice of claim was filed against the town in December alleging he had sexually harassed his former secretary, Aimee-Lynn Smith, 27. The claim also alleged Jorgensen had taken her out to job sites, out to eat and eventually fired her after finding out she was dating an employee of the highway department.

Jorgensen, of St. James, was also slapped with separate charges accusing him of tampering with public records for a town paving project, Suffolk County District Attorney Thomas Spota said.

Jorgensen pleaded not guilty to the four felony charges and the misdemeanor in April.

The district attorney alleged that Jorgensen directed a highway foreman to alter road construction reports to conceal that he had approved a contractor, Suffolk Asphalt Corp. of Selden, to pave at least eight Smithtown streets in freezing temperatures in November. The altered records misrepresented the weather conditions during the repaving work, Spota said.

Jorgensen’s misdemeanor grand larceny charge also accused him of stealing a public work order for the improper repaving and taking the official document home. District attorney detectives found the records in Jorgensen’s Hope Place residence, under his bed, Spota said.

“State department of transportation construction standards dictate asphalt must not be applied to a road surface in freezing temperatures and, in fact, the town’s own engineer has said repaving in freezing weather would result in the asphalt falling apart,” Spota said. “The repaving of a residential street doesn’t happen that often and when it does, residents are paying for a job done correctly, not a faulty repaving that will soon need pothole repair work.”

Smithtown Democratic Committee Chairman Ed Maher also called for Jorgensen’s resignation back in April after the charges surfaced, calling the taxpayers funding of his salary an outrage.

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Smithtown Comptroller Donald Musnug outlines his capital budget suggestions before the Town Board on Monday. Photo by Phil Corso

Smithtown’s new comptroller is calling on the town board to borrow money to fund upcoming capital projects.

Donald Musgnug, who was sworn in as town comptroller in February after his predecessor, Lou Necroto, took a job with the county, provided his first capital budget recommendations report on Monday and pushed for borrowing money to pay for improvements. He listed several bullet points justifying his recommendation, as the town gears up to fund projects like an animal shelter renovation, LED streetlight retrofittings and marina bulkhead improvements.

“Interest rates are at historically low rates and the town is fiscally strong,” Musgnug said. “Now is the time to borrow, when rates are low, and thankfully we are in a position to do so.”

The comptroller said he expects replacing aging and otherwise deteriorating equipment would reduce the amount of money set aside in future budgets for repairs and maintenance. In reference to an upcoming streetlight project that would bring LED lighting to Smithtown’s streets, Musgnug said the town would offset the costs of future projects in the form of savings.

“Taking advantage of new technology, such as in the case of LED bulbs for streetlights and the municipal solid waste facility, will reduce utility costs [and] repair costs and improve safety,” Musgnug said in his report. “Because the town’s finances have been conservatively managed over the years, there is little room to cut operating budgets, making the goal of staying within the New York State tax cap increasingly difficult in light of rising compensation, health care and pension costs.”

In the upcoming year, Musgnug said most of the budgetary requests are equipment-related and should be done in the near future as assets deteriorate due to age and usage.

The streetlight project, he said, would total $5.6 million but could be offset by a possible $750,000 grant from the state.

“It should also be noted that … we expect to reduce utility costs and repairs by $350,000 as a result of the streetlight LED retrofit, which will offset the cost of borrowing, which is $270,000 per year,” Musgnug said. “So we actually more than offset the cost of installation.”

The comptroller also said the town should anticipate equipment purchases and construction in 2016, mostly because of the first phase of Smithtown Animal Shelter renovations as well as upgrades at the town marina, which collectively require about $3.1 million in financing.

The following year, he said, those projects would require about $6 million in funding overtime to complete.
After the comptroller’s report, Councilman Ed Wehrheim (R) said he was impressed by the thoroughness of Musgnug’s pitch and wants to make sure the town follows through on capital projects after setting aside funding for them.

“Overall, I think it’s excellent,” he said. “In past years, we borrowed money and put up capital projects, but they never got done. Let’s make sure someone oversees these.”

In his report, Musgnug said even if the town chose to borrow more money as recommended, it would still see its overall debt steadily drop because of its conservative fiscal management policies.

“You should be commended for putting the town into a position where it can borrow significant sums of money and still have declining debt service payments [for which] it must budget,” he said.

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Suffolk County Department of Public Works Commissioner Gil Anderson outlines the proposal that would change the way drivers enter Nicolls Road off Route 25A. Photo by Phil Corso

Suffolk County is turning a corner.

A problematic intersection where Nicolls Road meets Route 25A is in the county’s crosshairs as officials seek ways to make it more pedestrian-friendly and safer for drivers. Three Village residents heard a presentation on the proposal last Monday evening, where elected officials and administrators outlined plans to install a new sidewalk on the northern side of the intersection.

“The county has been responsive to our concerns about pedestrian safety here,” said Suffolk County Legislator Kara Hahn (D-East Setauket). “Right now, the 25A-Nicolls Road intersection is sort of scary for pedestrians trying to make their way across. The aim here is to improve safety and I wanted to make sure the public was included.”

Gil Anderson, commissioner of the county’s Department of Public Works, pointed to a blueprint of the proposal, which would remove an access ramp for drivers making a right onto Nicolls Road from 25A, and instead make the access point to the major roadway in the same spot as motorists making a left onto it from 25A. The intent, he said, was to ease the flow onto Nicolls without impacting eastbound traffic along 25A.

“Our intent is to improve safety at this intersection,” he said. “The county will be putting in sidewalks to connect the existing sidewalks put in by the state.”

As it stands, there are two ways to access Nicolls Road from 25A. Drivers going east on the route make a right onto the road via the access ramp in question under the county proposal, while drivers going west on the route make a left off 25A at a traffic light where the two roadways meet.

Bill Hillman, chief engineer with the county Department of Public Works, called the intersection the “genesis of pedestrian safety issues and vehicular issues” for the Three Village area and said this proposal could solve a lot of those problems. He said eliminating the current access ramp for cars going east on 25A making a right onto Nicolls Road was the safest way to handle the situation, and the county would be exploring the possibility with the state’s permission, because state-owned 25A is the crux of the county’s traffic issues at this site.

Some residents asked about the possibility of bike lanes being included in the proposal, and Anderson said civic members and elected officials should reach out to the state, which maintains Route 25A, with hopes of breaking through.

“If the civic reached out to the state, now would be an opportune time,” he said. “Route 25A is a state jurisdiction when it comes to bike lanes. They’ll take your requests a lot more seriously than ours.”

Hahn said she also requesting planning money on the county level for a bike path down Nicolls Road and near Route 25A and hoped it gets considered for the betterment of Stony Brook University students who frequent the area either by bike or foot.

“I’m hoping that money stays in and gets implemented one day,” she said. “Many students utilize the sidewalk and this will improve safety, no doubt.”

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The former Islander Boat Center could soon become 52 apartments. File photo by Erika Karp

A second apartment complex on West Broadway got the green light recently, when the Port Jefferson Planning Board gave conditional approval to 52 units at the former Islander Boat Center property.

The 20 conditions the board put on Overbay LLC’s project at its May 14 meeting include items to control drainage at the site off of Brook Road, which is not far above the water table, Planning Board member Barbara Sabatino said in a phone interview. The applicant must also give the village “a final eyeball” on the structures’ elevation and colors before it can be granted building permits.

Overbay’s two buildings would go up next door to a planned 112-unit apartment building — the Residences at Port Jefferson — at West Broadway and Barnum Avenue, the site of the decrepit former Heritage Inn. The board approved that project, from applicant TRITEC Real Estate Company, at a meeting last month, according to minutes from April 16.

The Residences at Port Jefferson are to be built on a property roughly double the size of Overbay’s.

Both sites at the western entrance to Port Jefferson Village would have parking underneath the apartments and would replace longtime community eyesores. Neither required variances for approval.

The two projects have another thing in common: Both have faced opposition from some village residents who say they are concerned about increased density and traffic.

“We don’t want to be urbanized,” Phil Griffith said at a public hearing in March. “It is just too much. Too, too much.”

With the Overbay apartments, cars would access the site from Brook Road, while cars visiting the Residences at Port Jefferson would enter through a driveway on West Broadway or an entrance on Barnum Avenue.

The proposal the Planning Board approved for the Overbay project does not include commercial space, which had been a component — along with more apartments — in previous proposals for the site.

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A call for legislative action on eve of boating safety week

Local safe boating advocates don’t want proposed state and federal laws improving safety on the water to lose steam. File photo by Rachel Shapiro

Huntington boating safety advocates are calling for new wind in the sails of languishing state and federal measures aimed at making recreational boating safer.

Jackie Martin, commodore of the Greater Huntington Council of Yacht & Boating Clubs, said she wants to see some action on two proposed laws, one state and one federal, that would attack the issue of boating safety from multiple fronts, including increasing boating safety education state and nationwide; and mandating that boat manufacturers create and affix plates publicizing the maximum passenger capacities for vessels shorter than 45 feet and greater than 20 feet.

“Nothing’s been done on this,” Martin said in a phone interview on Friday. “I can also say I’m disappointed.”

The commodore voiced her frustrations just a few days before the launch of the third annual Huntington Safe Boating Week, an event filled with programs highlighting the significance of taking safety precautions and behaving sensibly on the water. The week is a partnership between GHCYBC, town, U.S. Coast Guard Auxiliary and the Neptune Sail and Power Squadron, which provides boating education classes and seminars.

It’s been a year since either of the bills made any waves. The bills have been referred to committees, according to their latest status updates in the State Assembly and the Library of Congress online databases.

The laws were prompted in part by the deaths of three children in Oyster Bay almost three years ago: Victoria Gaines, 7, Harlie Treanor, 11, and David Aureliano, 12, died when the boat they were on capsized on its way back to shore after a July 4 fireworks show. The 34-foot cabin cruiser was carrying 27 people at the time.

If approved, the New York State legislation would require all boaters in the state’s tidewaters to obtain boating certification issued by either the commissioner, the U.S. Power Squadrons or the U.S. Coast Guard Auxiliary, phasing in the requirements for various age groups by 2020. It would prohibit individuals under the age of 14 to operate a boating vessel, and would eliminate the use of online classes to obtain boating certification, “due to the ineffective educational requirements of said classes,” according to the legislation.

Stephanie Quarles, vice commodore of GHCYBC, said a swift requirement for older boaters to conform to the proposed boating certification standards is key, because many accidents involve older boaters.

“Once you’re a boater, there’s so much to it and it can be dangerous if you’re not careful,” she said. “And it can be an awful lot of fun if you’re in a safe environment.”

Asked why there’s been no movement on the state bill, Assemblyman Andy Raia (R-East Northport), a co-sponsor, called the situation “frustrating,” and said that Albany can be “a slow process.” Raia added that there’s been some talk within the state’s parks department about the difficulty of enforcing the proposed law, as it would create two separate boating certification requirements — one for tidewater and another for freshwater.

He also said the bill doesn’t have a New York State Senate sponsor.

“Things don’t necessarily move until there is a Senate sponsor,” he said.

However, the bill has not been forgotten, Raia reassured.

“It’s not dead,” he said. “It’s something that we are talking about – particularly now that the boating season is upon us. The basic problem is nothing in Albany is moving as fast as things should be, even though it makes perfectly clear sense.”

Over on the federal level, U.S. Rep. Steve Israel (D-Huntington) unveiled legislation last year called the Boating Occupancy and Teaching Safety Act. As of May 20, 2014, the law was in a subcommittee.

Under the bill, states would be required to spend a share of federal funding it already receives under the recreational boating safety program.

Israel’s bill would also require boat manufacturers — as of January 2016 — install a “capacity plate” on boats between 20 and 45 feet in length that list the maximum number of passengers and maximum gross weight it can carry. Federal law already requires this information for boats shorter than 20 feet long, so the bill would expand the regulation.

Caitlin Girouard, communications director for Israel, said the House of Representatives speaker never brought the legislation to the floor for a vote in the last Congress, “but the congressman will be reintroducing the legislation and once again pushing for its passage.” According to the Library of Congress’s database, the bill has no co-sponsors.

Huntington Safe Boating Week starts this Saturday and runs to Friday, May 22. For more information on events go to www.huntingtonsafeboatingweek.com.

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Legislator Kara Hahn, center, pitches the pieces of legislation that would employ GPS technology to keep offenders away from domestic violence victims in Suffolk County. Photo from Kara Hahn

The county’s proactive push to empower victims of domestic violence reached another milestone on Tuesday when the Legislature unanimously approved a pilot program that would slap ankle bracelets on offenders under an order of protection.

County Legislator Kara Hahn (D-Setauket) ignited the domestic violence discussion last month when the county approved her legislation providing law enforcement and victims with danger assessment tools that identify high-risk offenders. Her efforts turned another corner with Tuesday’s approval of legislation that she called a multi-faceted approach to making Suffolk’s domestic violence policy stronger than it’s ever been.

The latest pieces of legislation make Global Positioning System technology available to electronically monitor those in the family and criminal court systems who are subject to a “stay away” order of protection — which is more restrictive than a “refrain from” order — and pose a continuing threat to the safety of a victim or their children, Hahn said.

“This has been something I’ve wanted to work on since getting here,” said Hahn, whose personal experience as a victim of domestic violence brings the issue to the top of her list of priorities. “One of the things that was important to me was dealing with orders of protection. I had an order of protection and it’s very frightening — and I’ve heard over and over again over the years — that it’s just a piece of paper with no ability to truly protect the victim. That’s what I’m trying to fix.”

Both bills were virtually replicas of one another, but were specific to criminal and family courts respectively.

The county’s district attorney would acquire the GPS units and the offenders would have to cover the cost of monitoring, she said.

Tom Spota, the Suffolk County district attorney, threw his support behind Hahn’s initiative.

“I have every confidence this pilot program will be successful in effectively protecting victims of domestic violence,” he said in a statement.

In 2013 alone, the state division of criminal justice reported that there were more than 1,500 violations of orders of protection in the county. That statistic, coupled with the fact that domestic violence accounted for 21 percent of all violent victimizations nationwide from 2003 to 2012, was what spurred Hahn to bulk up her agenda, she said.

“In my experience as a federal prosecutor, GPS devices serve as a real deterrent,” said Tim Sini, assistant deputy Suffolk County executive. “In the moment of passion, an offender often thinks twice before reoffending when he knows he is being monitored by law enforcement.”

The pilot program would provide the county with 30 new GPS devices to be used when judges assign offenders to an order of protection. The technology could be used in one of two ways — either tracking offenders so they stay away from victims’ homes or jobs, or acting as proximity detectors and letting victims know if an offender is near them. The latter form of tracking would be optional for victims.

“Having been someone who had an order of protection and was afraid that the offender would come, it gives you peace of mind as a victim knowing you could be alerted,” Hahn said. “If a victim doesn’t like it, they don’t have to [wear] it.”

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Construction could start in September

Stephen Normandin, of The RBA Group, answers residents’ questions at the Sound Beach Civic Association meeting on Monday. Photo by Erika Karp

Echo Avenue in Sound Beach is getting a makeover.

Brookhaven Town officials presented plans for a revitalization project along the busy street at the Sound Beach Civic Association meeting on Monday. Handicap-accessible sidewalks, new curbs, decorative lighting and ornamental trees are set to line the approximate .3-mile stretch between New York Avenue and North Country Road in the near future, as leaders seek to beautify and make the area safer for pedestrians.

Steve Tricarico, deputy highway superintendent, said the project will “bring that downtown feel like you may have seen the highway department do in Rocky Point.”

Late last year, the department completed a similar project along Broadway in Rocky Point.

In 2013, the town adopted a four-phase plan to revitalize Echo Avenue and received a Community Development Block Grant for the first phase. Last year, officials applied for more CDBG funding, but found out the hamlet no longer qualified for the grant.

Tricarico said the highway department went out to bid for new contracts and was able to get a better deal and was therefore able to match the 2013 grant and fund the project in its entirety — a total cost of about $240,000.

According to Stephen Normandin, director of design and planning for The RBA Group, the engineering group selected to oversee the project, starting at the intersection of New York Avenue, a four-foot-wide sidewalk will be constructed on the east side of Echo Avenue that connects all the way up to Handy Pantry. Then, a crosswalk will be created, by Devon Road and Caramia Pizzeria, that crosses over Echo Avenue and links up to another sidewalk on the west side of the street, ending at North Country Road. In addition, the triangle by Handy Pantry, which houses the civic’s “Welcome to Sound Beach” sign, will be extended in an attempt to slow traffic at the Shinnecock Drive and Echo Avenue intersection.

Normandin said the project does come with its challenges, as there are hills and existing guardrails and trees, and limited space within the public right-of-way.

“We are sensitive to the [private] properties,” he added.

If all goes according to plan, the project will commence in late August or early September and wrap up before the winter season. The road will be paved once the sidewalk and concrete work is complete.

A few residents, including Bea Ruberto, civic president and the driving force behind the project, requested some additional lighting by New York Avenue and Mesquite Tex Mex Grill. Currently, the plans don’t include new sidewalks and lighting on that side of Echo, but Councilwoman Jane Bonner (C-Rocky Point) said her office would look in to it. However, an easement agreement between the town and property owner might be needed, which could delay the project.

“None of this is set in stone; the dollar amount kind of is, so wherever we can … cut from one area and add to another, we are certainly willing to do that,” Bonner said.

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East Northport lawmaker says responsibility of new role to include rebuilding public trust

John Flanagan and former state education commissioner John King at a Common Core forum. File photo by Andrea Moore Paldy

Suffolk County’s own state Sen. John Flanagan has been elected to serve as temporary president and state Senate majority leader after former head Dean G. Skelos resigned from the post on Monday.

The Republican-led chamber appointed Flanagan (R-East Northport) as its new leader amid the arrest of Sen. Skelos (R-Rockville Centre) last week on federal corruption charges. The change in leadership comes after several Senate members pressured Skelos, a Long Islander who touts a more than 30-year tenure, to resign from his position.

Flanagan has been appointed the temporary position of president and State Senate majority leader for the remainder of the 2015-16 term, according to a video from his swearing-in.

“I am proud and humbled to have been chosen as temporary president and majority leader of the New York State Senate,” Flanagan said in a statement. “I thank my colleagues for the confidence they have placed in me. With this job comes a responsibility to lead and to listen, and to rebuild the public’s trust.”

Flanagan, 54, has held the position of senator since 2002. Prior to joining the Senate, he was a member of the New York State Assembly for 15 years.

State Sen. John A. DeFrancisco (R-Syracuse), who was vying for the majority position, spoke to Flanagan’s appointment on Monday and said there were no hard feelings.

“I know he is not only a great senator, he’s a great man and I’m proud to move his nomination,” DeFrancisco said.

Flanagan’s colleague, State Sen. Ken LaValle (R-Port Jefferson) also lauded the move.

“It gives me great joy, great pride to second the nomination of John Flanagan as our temporary president,” LaValle said. “John Flanagan has great intellect, great energy and he has a wonderful, wonderful demeanor that brings people together.”

Many of Flanagan’s colleagues spoke highly of the new majority leader prior to his swearing-in ceremony that took place in Albany following the 32 ayes he received out of 63 senators present.

“The Senate made the right decision by voting Sen. John Flanagan as the newest majority leader,” Assemblyman Chad Lupinacci (R-Melville) said in a statement. “Flanagan has a track record for getting things done in the Senate and working with lawmakers from both sides of the aisle.”

After his swearing in, Flanagan thanked Skelos for his decades of service and accomplishing the enactment of Megan’s Law, a law that publicizes the whereabouts of sex offenders.

“I have now had the good fortune of being in the Legislature for 29 years and I am proud to be in public service,” Flanagan said in a video from his swearing-in ceremony. “I spent 16 years in the Assembly in the minority, I’m now in my 13th year in the Senate, two of which [were] in the minority and I learned a lot being in both venues.”

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Town Board changes decision-making process when granting contracts based on ‘best value’

Town Board members mull over the proposal to add a chapter to the town code changing the ways contracts are bidded out at a previous public hearing. Photo by Phil Corso

Smithtown’s Town Board unanimously green-lighted the adding of a chapter to the town code that awards bids based on best value rather than simply giving contracts to the lowest bidder.

The change came pursuant to a state general municipal law that allowed towns to authorize the awarding of certain purchase contracts, including contracts for services exceeding $20,000, based on best value, which Assistant Town Attorney Janice Hansen described as more cost efficient in the long term, as opposed to the cheapest option in the short term.

“The best value option may be used if, for example, it is more cost efficient over time to award the good or service to other than the lowest bidder or offerer, if factors such as lower cost of maintenance, durability, higher quality and longer product life can be documented,” she said at an April 7 public hearing on the matter.

Contracts for public works projects, however, were not included under the new chapter, Hansen said.
The state law described the standards for best value as projects that “optimize quality, cost and efficiency among responsive and responsible bidders or offerers.”

But Charlie Gardner, director of government affairs for the Long Island chapter of the National Electrical Contractors Association, spoke on behalf of his group’s 47 different electrical contractors in Nassau and Suffolk counties in saying there were concerns over the wording of the measure. By awarding contracts based on best value and not just price, Gardner said he was worried about the level of subjectivity that might arise in the decision-making process and was simply looking for reassurance from the board.

“If you read the standards for best value, it does cite where possible determinants should be based on objective and quantifiable analysis of clearly described and documented criteria, which is fine,” he said. “But why does it say, ‘Where possible?’ Shouldn’t it always be the determination based on that? We’re not quibbling with the intent of the law and we certainly have faith in the current Town Board, but down the road, when subjectivity enters into it, that’s the concern of my members.”

Smithtown Supervisor Patrick Vecchio said the board would take Gardner’s concerns into consideration in making future decisions on contracts and also ensure any awards are justified as they are rolled out.

The state law requires that entities must document their reasoning for awarding a contract based on best value instead of to the lowest responsible bidder.

Smithtown’s Town Board voted 5-0 in support of the measure at its April 23 meeting, making the new chapter supersede any inconsistent provisions of the town’s procurement policy enacted before the unanimous vote.

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