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The owner of SmithHaven Mall said it wishes to reopen May 16, a day after the New York Pause deadline. File photo by Phil Corso

A proposal to rezone part of Route 347 near the Smith Haven Mall has the town Planning Department mulling over its roster of retail.

In November, the town board considered at public hearings proposals to construct a 30,500-square-foot building on Route 347 near Alexander Avenue in Nesconset along with another 3,100-square-foot building on Middle Country Road, making way for a potential shopping center to house restaurants and small office space, attorney David N. Altman said. But Smithtown’s Assistant Planning Director Dave Flynn approached the town board at a work session Tuesday morning to ask members to consider the application’s potential impacts, given an already robust level of business zoning in town.

Flynn said he and the Planning Department staff delved into the potential shopping center when its applicant, Sun Enterprises, Inc., asked for a rezoning for the area from residential, single-family to neighborhood business. The department then drafted a memo to the town board recommending the property be developed into garden apartments instead of retail because of what Flynn cited as a possible overabundance of business zoning in the town.

“I felt it was my obligation to speak with you,” Flynn said to Smithtown Supervisor Pat Vecchio (R), Councilman Tom McCarthy (R) and Councilman Ed Wehrheim (R) at the work session. “If the town board felt this should be explored, I would contact the property owner. It’s hard to measure the damage it would do.”

Vecchio, McCarthy and Wehrheim heard Flynn’s considerations for the future zoning of the area, but leaned more on the side of following through with what the board and the applicants had already started.

“The applicant did his due diligence, and I think we should do ours,” McCarthy said.

Wehrheim also said he had similar sentiments.

“The applicant went through a lot to get to this point,” he said. “And now we are going to change our minds?”

The town board heard public hearings at its Nov. 20 meeting to consider the shopping center, which Altman said would create anywhere from 20 to 50 construction jobs and 20 to 50 permanent full-time jobs. The applicant was asking for the rezoning of three separate lots into one business lot, which Altman said could increase the overall real property taxes generated for the site from $25,000 a year to anywhere from $180,000 to $225,000.

Frank Filiciotto, a hired civil engineer and traffic planner, also spoke to the board at the November meeting and said the potential development would draw from existing traffic in the area and wouldn’t significantly impact the number of cars traveling along Route 347.

“It’s important to note that all three driveways will be right in, right out driveways,” he said. “There’s no conflicting left turning maneuvers in and out of these sites. So what it does is, it draws from the traffic that’s already on the streets.”

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Some residents concerned as village votes to allow larger budget increase

Port Jeff Village is asking residents to use the online parking sticker portal. File photo by Elana Glowatz

Port Jefferson Village officials have a green light to override the state’s cap on its tax levy next year, if necessary.

The board of trustees voted 4-1, with Trustee Bruce Miller dissenting, to allow themselves to pierce the cap — as the group has done each year since the state law restricting tax levy increases was enacted.

In the next budget cycle, the village has a 1.68 percent state-imposed cap on its tax levy increase, according to Treasurer Don Pearce. But tentative budget figures would increase the levy — and thus taxes — by 4 percent.

The latter increase would translate to the average Port Jefferson homeowner paying about $37 more next year in village property taxes.

During a public hearing on the matter Monday night, a few residents railed against the prospect of busting through the cap.

“This is just not tolerable,” Molly Mason said about tax increases.

And Matthew Franco pointed to what he saw as wasteful expenditures, such as what the village spent on exploring uses for the Port Jefferson marina, which it had hoped to purchase from Brookhaven Town before the deal fell through. He spoke against the officials’ idea “to come to us and say, ‘Look, we want to go over the cap again.’”

According to Pearce, the tentative budget totals almost $10.3 million. In order to meet the levy cap, instead of piercing it, the village would have to shave more than $140,000 in expenses or bring up revenues that amount.

Mayor Margot Garant said the board would work to reduce that sum, what she called a “gap.” She also noted that the village uses $400,000 from its fund balance each year to keep down resident taxes, a measure she said the village would take again next year.

During recent budget workshops, the board has pored over budget lines, slashing more than $300,000 in proposed expenses. The trustees have also contended with increases in mandated expenditures.

“I don’t know many businesses that go year to year with only a 1.68 percent increase in expenditures,” Trustee Larry LaPointe said. “If you’ve got a union contract, which we do, and there are built-in increases to all your employees’ salaries in that union contract, you’re going to have budget increases unless you fire people and reduce services.”

He added that he did not think there would be resident support for reducing services.

The village will hold a public hearing on a finalized 2015-16 budget on April 15.

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Roped off parking spaces on the fourth level of the Huntington Long Island Rail Road train station's south parking garage earlier this year. File photo by Rohma Abbas

Huntington Town is slated this week to reopen more than half of the 228 parking spaces at the Huntington Long Island Rail Road station’s south parking garage it closed off earlier this year.

The town will reopen 116 spaces on the fourth level of the garage on Wednesday, April 8, it announced in a Monday statement. The spaces were closed as part of an emergency repair project on the fifth level, where there are still currently 112 spaces out of commission.

Parking stalls on the fourth level were closed off “as a safety precaution” because they were located directly underneath work that included removing parking deck concrete in certain areas, repairing cables and structural reinforcement, according to the town.

“The project has reached a stage where the remaining work no longer presents a potential falling debris hazard to persons and vehicles on the fourth level, allowing for the spaces to reopen,” the town said in a statement.

Spaces on the fifth level are scheduled to reopen on April 20.

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Steven Leventhal, attorney to the ethics board, spearheads a work session this week. Photo by Rohma Abbas

Huntington Town officials took steps to strengthen the town’s ethics code by discussing various revisions during a work session Tuesday.

Mulling nearly a dozen residents’ suggestions at its annual meeting in March, Huntington Town’s Board of Ethics & Financial Disclosure discussed topics ranging from campaign finance disclosures, prices of penalties for ethics code violations and how frequently the board should meet during the year.

Training town employees and officials in the town’s ethics code and creating a “plain language” guide to the code are some suggestions board members said they are considering.

Chairman Howard Glickstein and members Lois C. England and Ralph Crafa attended the work session at Huntington Town Hall, as did Steven G. Leventhal, of Leventhal, Cursio, Mullaney & Spector, LLP — the board’s counsel.

Councilwoman Tracey Edwards (D) listened on in the audience.

Supervisor Frank Petrone (D) directed Edwards to spearhead ethics code revisions. She said she plans to have a proposal for town ethics code tweaks in place at the April 21 town board meeting.

Board members said they agreed that creating what Leventhal termed a “plain language” guide to ethics was a good idea. Leventhal noted that the guide, which could be distributed as a small booklet handout to town employees and officials, would have both a simple, clear explanation of what’s right and wrong under the town’s code, and would, in the back, include the actual town ethics code. Ethics board members said they liked the suggestion.

“In my view it’s a great valuable service to the town workforce, to prepare and distribute a plain language guide that helps them interpret the language of the law itself,” Leventhal said. “The plain language guide does not replace the law and must, of course, remind readers that it is the law itself that controls, but that the plain language guide was developed to assist them in interpreting the law and to encourage them to bring any questions to the board of ethics.”

Ethics training of town employees and officials also earned consensus from board members.

“I regard it really as one of the most important functions of the board of ethics,” Leventhal said.
Board members also said they’d be in favor of increasing the penalty for an ethics violation, which is currently $5,000. Residents asked the board to consider holding meetings quarterly instead of annually. Leventhal said as the board’s work increases — possibly through increased ethics training of employees and officials — the board would meet more frequently.

Tom McNally, who spoke on behalf of the Huntington Republican Committee, called for mandatory training in ethics code for all town officials and employees. He also said all ethics complaints filed with the town clerk should be made public, as well as all decisions of the ethics board, how they voted and whether any ethics board members recused themselves from a vote.

“That was very, very well put together,”  board member England reflected.

Leventhal did, however, take issue with making all ethic complaints public, noting that in the early stages of an ethics investigation it “may be premature and ultimately unjust” to publicize the complaint. Many times, complaints are not actual violations — a complainant may allege someone was rude to him or her — but while “rudeness is bad,” it’s not a violation of the code, he said.

Edwards commended the board’s work in an interview after the meeting, saying she was “really pleased with what we heard.”

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Highway Superintendent Glenn Jorgensen patches a pothole in the Town of Smithtown as another highway department staffer looks on. File photo by Rachel Shapiro

Smithtown Highway Superintendent Glenn Jorgensen pleaded not guilty Wednesday to felony charges accusing him of tampering with public records for a town paving project, Suffolk County District Attorney Thomas Spota said.

Jorgensen, 63, of St. James, was directed to appear in First District Court in Central Islip for his arraignment, where he faced several charges, including tampering with public records, falsifying business records, filing false records, official misconduct and grand larceny, relating to incidents dating back to Nov. 18, 2014.

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 Corporation 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.”

Both Jorgensen and Anthony M. La Pinta, a Hauppauge-based attorney representing him, did not return calls seeking comment.

Jorgensen has authority over 142 employees with a $30 million annual operating budget to pay for snow removal and the paving, drainage and maintenance of roughly 450 miles of roads and curbs in the town. He was first elected in 2010 to serve as superintendent, but has worked in the department for 37 years in various capacities, including as a foreman. He left retirement in 2009 when he was elected superintendent and was re-elected in 2013.

Smithtown Supervisor Patrick Vecchio declined to comment on the district attorney’s charges against the highway superintendent.

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Projects will launch in Huntington Town next week

File photo by Arlene Gross

Crews from PSEG Long Island are expected to launch an eight-month-long project in Huntington Town on Monday in an effort to strengthen the electric grid across Long Island.

Work on the project will follow a three-mile route along an electric line circuit in Huntington, Huntington Station and Cold Spring Harbor, according to a PSEG Long Island statement. The project will be funded through the Federal Emergency Management Agency (FEMA), a federal program that coordinates responses to national disasters.

The more than $729 million for the project were secured for the Long Island Power Authority through an agreement last year between Gov. Andrew Cuomo (D) and FEMA through FEMA’s Hazard Mitigation Assistant Program.

The project will replace existing wire with more weather-resistant wire, install new and durable poles in several locations, and install or replace switching equipment to help reduce the number of customers affected by power outages.

“We are committed to making our transmission and distribution system more resilient, able to better withstand extreme weather events,” David Daly, PSEG Long Island’s president and chief operating officer said in a press release. “Superstorm Sandy has had a lasting impact on our customers, and the recovery and healing is still ongoing.”

The project is expected to implement reinforcements that will help the system in future storms. After Hurricane Sandy, people across Long Island were without power for upward of 10 days. Both Hurricane Sandy and the winter storm that followed in 2013 severely impacted the transmission and distribution system operations, a representative of PSEG Long Island said.

Work on the system will start on or about April 6, Monday through Friday between 8 a.m. and 4 p.m. While there is the potential for some road closures along the route, PSEG has not said when and where they will be.

Trees that grow near power lines will be trimmed, as they pose a safety risk and increase the chance of power outages. New poles will also be approximately the same height as existing poles but will have a stronger base and be situated a few feet from the current pole.

“After Sandy, we know firsthand how important it is to invest in the infrastructure to fortify it to withstand extreme conditions,” Jon Kaiman, special advisor to Cuomo for storm recovery and chairman of the Nassau Interim Finance Authority said in a press release.

To see a complete list of the project route visit https://www.psegliny.com.

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Leslie Kennedy with her husband, John M. Kennedy Jr., who serves as Suffolk County comptroller. File photo

In a special election held just nine months before the term is over, Leslie Kennedy (R) was elected Tuesday to succeed her husband, Suffolk County Comptroller John M. Kennedy  Jr. (R), in the county Legislature’s 12th District.

Leslie Kennedy, a 58-year-old resident of Nesconset, bested Democrat Deborah Monaco of Smithtown in Tuesday’s special election with 993 total votes from Republicans, Conservatives and Independents versus Monaco’s 149 from strictly Democrats, according to the county Board of Election’s unofficial vote totals.

She previously served as an administrative aide under her husband when he held a seat in the Legislature.

The current comptroller was elected to his seat in November, leaving the Legislature spot vacant at the beginning of this year.

Both Brookhaven Town Supervisor Ed Romaine (R) and the entire Suffolk County Republican Committee had pegged Leslie Kennedy as their choice to succeed her husband, calling her a hard-working and popular figure in her community.

“The Democrats tried to make Leslie Kennedy an issue in the [November] county comptroller race, where John Kennedy scored a substantial victory on one line, the Republican line,” Suffolk GOP Chair John Jay LaValle said. “The move backfired terribly and cemented Leslie Kennedy’s reputation as a constituent favorite. Her record of service is unassailable and she will continue a powerful legacy of protecting our tax dollars and serving the people of the 12th District.”

Monaco, 55, had not been actively campaigning for the seat, according to Suffolk County Democratic Chairman Richard Schaffer, who said her name was on the ballot in order to provide voters with options come March 31.

She previously served as secretary of the Suffolk Democratic Committee as well as the county’s Board of Elections.

Kennedy Jr. beat Democrat Jim Gaughran, chairman of the Suffolk County Water Authority, with 53 percent of the vote to 47 percent. After his election, a jubilant Kennedy vowed to “open up the books,” in Suffolk County, while Gaughran said he had “no regrets about this race.”

The 12th Legislative District is a largely Republican-dominated region of the North Shore and includes Smithtown, Nesconset, Hauppauge, the Village of the Branch, Lake Grove and parts of Commack, Islandia and Ronkonkoma.

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Rocky Point school board trustee, John Lessler, middle, said he wanted to further review the financial effects of the exemption. File photo by Erika Karp

Green buildings in Rocky Point are no longer eligible for a school tax exemption.

Just three months after the Rocky Point school board granted a Leadership in Energy and Environmental Design — commonly known as LEED  — buildings tax exemption, the board voted to withdraw it.

Trustee Melissa Brown made the motion, which passed 4-1, shortly after 11 p.m. at the school board meeting on March 23. Trustee Scott Reh, who voted for the exemption in December, cast the single dissenting vote.

Brown said she made the motion in light of the “uncertainty of our financial future.”

It was the second time a motion was made to rescind the exemption.

The first time was in January, when Trustee John Lessler wanted to further review the financial ramifications the exemption would have on other taxpayers.

Lessler’s motion failed, 3-2, with him and Trustee Sean Callahan voting in the minority. The two trustees had originally voted against the tax break.

At the time, Lessler said he believed it was a property owner’s private decision to build to LEED standards and not one that should be subsidized by the school district.

The exemption applies to residential and commercial buildings.

“It’s a heavy implication in the future if more and more of these homes do it,” he said.

Depending on the level of LEED certification, property owners could have avoided paying school taxes for a certain number of years. New buildings with the highest level of LEED certification would have been exempt for the first six years, then would have received reduced taxes in the following four years.

The state enacted the LEED exemption program in 2012, authorizing local municipalities and school districts to grant the exemption. In 2013, Brookhaven Town crafted its own tax break based on the state initiative. The town has yet to receive any applications for the exemption, according to Jim Ryan, Brookhaven’s tax assessor.

Rocky Point would have been the first area school district to offer the exemption. Neighboring districts such as Miller Place, Shoreham-Wading River, Mount Sinai, Comsewogue, Port Jefferson and Middle Country have not filed to offer the exemption, according to The New York State Department of Taxation and Finance.

Rocky Point resident Danny Andersen brought the program to the district’s attention last year and urged the board to adopt it. Andersen could not be reached for comment regarding the board’s decision.

Board President Susan Sullivan, who voted to adopt the exemption and to rescind it, said the board could revisit the matter in the future once it receives more information. The school district has granted tax exemptions in the past, including last year’s veterans tax exemption. Under that program, veterans get a certain reduction in their school taxes and other taxpayers make up the difference.

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File photo by Erika Karp

Just a few hours before the New York State Legislature approved the state’s 2015-16 budget, which includes a number of Gov. Andrew Cuomo’s education reform initiatives, school districts across the North Shore finally got to know how much aid they’ll receive next year.

The state aid runs showed districts getting more than they expected, since many budgeted around a 1.7 percent increase. Earlier this year, Cuomo (D) announced state aid would only increase by $377 million — a 1.7 percent increase from this year — if his state education reforms didn’t pass the Legislature.

And while not all of the initiatives passed, a few did, so the aid increased by about $1.4 billion statewide.

“This is a plan that keeps spending under 2 percent, reforms New York’s education bureaucracy, implements the nation’s strongest and most comprehensive disclosure laws for public officials and makes the largest investment in the upstate economy in a generation,” Cuomo said in a statement.

But not all were convinced the education initiatives would reform public schools.

The Education Transformation Act of 2015 amends the teacher evaluation system, changes the time to gain tenure from three to four years and creates two designations for failing schools. The hot-button item, though, was the teacher evaluation system.

Under the act, the State Education Department will develop a new teacher evaluation system by June 30, which school districts will then have to locally negotiate and enact by Nov. 15 in order to receive their allotted aid. The system also includes a component based on students’ performance on the state’s common core-aligned tests. The evaluation system was last changed in 2013.

In a phone interview on Wednesday morning, Middle Country Central School District Superintendent Roberta Gerold, who is also president of the Suffolk County School Superintendents Association, said she believed the change to the system was misguided, and wished elected officials would have learned that “rushing into a system that doesn’t have details attached” — as was the case in 2013 — doesn’t work.

Some Assembly members said they shared Gerold’s concerns.

Assemblyman Steve Englebright (D-Setauket) voted against the Education, Labor and Family Assistance State budget bill, which Cuomo issued on Tuesday with a message of necessity. When asked about the reforms, Englebright immediately interjected, “they are not reforms,” he said.

He said he voted against the measure because it was unclear as to how it would impact students.

“[It] doesn’t mean we can’t make improvements, but those improvements need to make sense,” he said.

Englebright strayed from his fellow party members by voting against the bill, which he said was a difficult decision.

“The people who sent me [to Albany] are the ones who I finally had to vote in accordance with,” he said.

Assemblyman Andy Raia (R-East Northport) said in a press release the education measure “takes away local control and is downright insulting to principals, administrators and teachers.”

While most North Shore Assembly officials voted down the education component, Mike Fitzpatrick (R- St. James) voted yes. In a phone interview Wednesday, Fitzpatrick said he stood by his decision.

He said he believed the reforms would bring more accountability to the system, which needed to be reformed. Fitzpatrick also said the amendments take away some of the New York State United Teachers union’s power. The union referred to the changes as a disgrace and the evaluation system as a sham.

“Good teachers, and they know who they are, they don’t have anything to worry about,” Fitzpatrick said.

Rohma Abbas contributed reporting.

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The smokestacks of the Port Jefferson power plant loom over the village and the local harbor. File photo by Erika Karp

The Long Island Power Authority must study the area’s aging power plants with an eye toward upgrading the facilities, according to a provision of the next New York State budget.

Language that Gov. Andrew Cuomo (D) and state legislators have agreed upon requires the utility to “perform an engineering, environmental … and cost feasibility analysis and study” of upgrading — also known as repowering — the plants in Port Jefferson, Northport and Island Park. The focus will be on using more efficient and environmentally friendly technology at the plants.

Those three sites have been on shaky ground because they are old and using outdated technology. The Port Jefferson and Northport host communities have feared losing essential property taxes from the plants, which would happen if the plants were to reach the ends of their useful lives without being repowered.

“We are extremely proud that our representatives and our lobbying efforts are working toward a repowered plant in [Port Jefferson],” village Mayor Margot Garant said in an email. “We always believed this was the best repurposing of our site, and in the best interest of the ratepayers of [Long Island].”

The utility must begin studying Port Jefferson and Island Park no later than Oct. 1, and must start working on the second study in Northport by October 2018, according to the budget language. The studies must be completed and presented to the LIPA board of trustees and the department of public service no longer than 18 months after they begin.

LIPA will repower the plants if it determines, based on the studies, “that repowering any such generating facility is in the best interests of its ratepayers and will enhance the authority’s ability to provide a more efficient, reliable and economical supply of electric energy in its service territory, consistent with the goal of improving environmental quality.”

Assemblyman Andy Raia (R-East Northport) said the studies “could change the whole tax certiorari issue.”

Huntington Town and the Northport-East Northport school district have been battling LIPA over the value of that property, with the utility arguing the plant is grossly overassessed and filing to be reimbursed for taxes overpaid as a result. Town Supervisor Frank Petrone has extended an offer to LIPA to freeze its tax assessment if it repowers Northport.

“Northport and East Northport are looking down the barrel of a gun,” Raia said Tuesday, “and if they repowered Northport that whole case would go away.”

Sen. Ken LaValle (R-Port Jefferson) said in a statement that the study requirement will be included in the state budget “since LIPA did not follow through on their [previous] promises” to complete economic feasibility studies on the aging plants.

PSEG Long Island, the private utility that has taken over management of LIPA, was on board with the repowering studies this week.

“After careful study last year, we determined that there was no need for additional generation on Long Island until, at least, 2024,” PSEG Long Island spokesman Jeff Weir said in an email. “We wholeheartedly embrace this process because all we want is to implement the lowest cost and most reliable solutions for our customers on Long Island and in the Rockaways.”

Rohma Abbas contributed reporting.

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