Port Times Record

Setauket Elementary School students were ready for the first day of classes, Sept. 5. 2017. File photo by Rita J. Egan

It’s back to school time, and we want to help you commemorate the occasion. If your child attends one of the following school districts and you’d like to submit a photo of their first day of school attire, them boarding or arriving home on the school bus, or waiting at the bus stop, we may publish it in the Sept. 6 issues of Times Beacon Record Newspapers. Just include their name, district and a photo credit, and send them by 12 p.m. Wednesday, Sept. 5 with the subject line “Back to school,” and then be sure to check Thursday’s paper.

Email The Village Times Herald and The Times of Middle Country editor Rita J. Egan at [email protected] if your child attends:

  • Three Village School District
  • Middle Country School District

Email The Times of Huntington & Northports and The Times of Smithtown editor Sara-Megan Walsh at [email protected] if your child attends:

  • Huntington School District
  • Northport-East Northport School District
  • Harborfields School District
  • Elwood School District
  • Smithtown School District
  • Commack School District
  • Kings Park School District

Email The Port Times Record and The Village Beacon Record editor Alex Petroski at [email protected] if your child attends:

  • Port Jefferson School District
  • Comsewogue School District
  • Miller Place School District
  • Mount Sinai School District
  • Shoreham-Wading River School District
  • Rocky Point School District

Happy back to school!

BOE approved changes in 2017, slow transition to full compliance to continue into ’18-19 school year

A BOE policy is increasing healthy food options in PJ schools. Stock photo from Metro

Port Jefferson School District is looking to become a healthier place.

Students and parents returning this fall should expect to see further changes to foods offered in cafeterias, sold for team and club fundraisers, and even those foods allowed at school celebrations for the 2018-19 year to meet standards set in a May 2017 board of education policy change.

In a July letter addressed to parents from Danielle Turner, the now-departed district director of health, physical education and athletics, the policy was enacted to address nutritional concerns as well as increase students’ physical activity throughout the school day, a move designed to keep the district in line with state and federal regulations.

“Elements of the policy went into effect last year,” Superintendent Paul Casciano said. “We chose a path of gradual compliance starting with last year so our students and advisers could plan accordingly going into the 2018-19 school year.”

Under the policy, school meals in the district now must include fruits, vegetables, salads, whole grains and low-fat items, adherent to federal standards. In addition, food and beverages sold in vending machines and school stores must meet nutrition standards set by federal regulations. Food and beverages sold by clubs and teams for fundraisers, both on school grounds and off, will also be subject to the same regulations. The policy also impacts in school celebrations and parties where food and drinks are provided, saying building principals will “encourage” parents and staff to follow the guidelines, and restricts the use of food “as
an incentive or reward for instructional purposes.”

“As a school community, it is important that we model what we teach about health,” Casciano said.

Student body president and Port Jefferson senior Reid Biondo said clubs and teams were made aware the policy change was coming last year and started to make preparations to adhere to the changes when it comes to fundraising.

“The fundraisers are very important for clubs and teams,” he said. “Not being able to fundraise by selling food is a source of concern but the students at Earl L. Vandermeulen are very creative and are already coming up with solutions. Last year, one of the classes hosted a volleyball tournament in place of a bake sale. There are plenty of alternatives to bake sales but students and teams are going to need to work a little harder for their money.”

Despite the challenges created by the policy, Biondo said he sees the district’s point of view in trying to foster a healthier school environment.

“I think they are right to encourage a more healthy lifestyle and I think it is a step in the right direction,” he said. “Students should have access to healthy eating options and that part of this change in the school district excites me. However, I do not think removing the unhealthy choices entirely is the solution.”

Biondo pointed out that CVS is less than a five-minute walk from the school’s front door, and he suspects many of his peers will go there to purchase an unhealthy after-school snack. This would mean the revenue from bake or candy bar sale would be going to an outside source, while students continue making unhealthy choices. The senior also suggested the district should provide additional education about healthy lifestyle choices and consuming snacks in moderation, to encourage students to lead a healthy lifestyle in and outside of school.

Casciano said the district took the fundraising obstacles for extracurricular organizations into account when crafting the policy and suggested healthier alternatives can still be sold to raise money. He added the district’s hiring of Adam Sherrard to take over for Turner will have no bearing on the implementation of the policy.

The full board wellness policy can be found at www.portjeffschools.org under “Community” tab.

Port Jefferson High School. File photo by Elana Glowatz

New York State has issued a glowing report on the state of a local school district’s finances.

The Port Jefferson School District received a “spotless” report from the New York State Comptroller following an audit meant to examine if the school board properly managed its voucher payment system.

Audit vouchers are made on all school expenditures, where either the school board or a designated auditor looks at each claim to determine if each item complies with district policies and whether the amounts are necessary district expenditures before the cost is paid. The comptroller’s audit, which spanned from July 2016 to September 2017, stated Port Jeff’s claims audit process was “adequately designed and that it had been properly implemented.”

“This report reflects proper oversight by the board of education and the stringent controls put in place and carried out by our business office personnel,” Superintendent Paul Casciano said in a statement. “The carefully conducted examination and positive results are a testament to the district’s comprehensive policies and procedures for claims payments.”

The comptroller’s office reviewed one percent of all claims paid by the district during the span, which amounted to 60 general fund claims. These claims totaled close to $300,000, including $2,705 from 10 “extra-classroom activity” claims. The office determined Port Jeff’s system was working as intended, and that the school could support all of its expenditures.

Brian Butry, a spokesperson for the comptroller’s office, said while they don’t have specific numbers on how many schools have problems with their audit voucher systems, Port Jefferson has been more responsible than others.

“These types of audit results are not that common and, as noted in the final report, the district should be commended for their well-designed claims system,” Butry said.

The report said district officials created well working procedures to analyze extra-classroom activities such as clubs, where each has a treasurer and faculty advisor, and that payment orders were supported with fully signed invoices.

“Given that there were no negative findings indicates the district’s claims process has an overall well-designed system,” Deputy Superintendent Sean Leister said in a statement. “As our district places a strong emphasis on ensuring tax dollars are spent effectively and efficiently, we are pleased with the outcome of this auditing process, as it reinforces from an external perspective.”

The Greek Orthodox Church of the Assumption in Port Jefferson celebrated its 57th Port Jefferson Greek Festival from Aug. 23 to 26. This year’s event featured carnival rides, traditional dance performances, live music, games and culinary delights.

A view of the southern side of The Shipyard apartment building. File photo by Alex Petroski

Some things in life are priceless, but Port Jefferson Village has settled on what’s an appropriate cost for not providing green space when new developments are built.

The village board passed a resolution Aug. 20 reducing the fee levied on developer Tritec, who constructed The Shipyard at Port Jefferson Harbor, for not including sufficient public green space in the apartment complex. It establishes a new precedent for future developments that private parkland can be used to satisfy village’s green space requirements — at least in some small part — as determined on a case-by-case basis.

As a condition of the site plan approval granted for the 112-apartment complex on West Broadway, Port Jefferson’s Department of Building and Planning had required that Tritec be responsible for paying a parkland fee.

Alison LaPointe, special village attorney for building and planning, said a parkland fee is commonly imposed by municipalities. Town of Brookhaven utilizes a multiplier formula that requires 1,500 square feet of public green space per unit in a housing development or $1,000 fine per unit if that space can’t be provided.

The fee is intended to require real estate developers to consider preserving or creating green and recreational spaces when building large complexes. It has been imposed on other projects in the village, like The Hills at Port Jefferson, built by The Gitto Group, on Texaco Avenue. The Gitto Group, rather than paying a fee or including public parkland on its property, invested in renovations to a nearby, village-owned park on Texaco Avenue to satisfy village code requirements.

The issue has been unresolved pertaining to The Shipyard, according to LaPointe, as village attorney Brian Egan has been corresponding with Tritec Vice President Rob Kent to determine if private recreation areas provided for tenants of The Shipyard could qualify to satisfy some of its requirement. The Shipyard offers a rooftop recreational space and a ground-level plaza area for its tenants, which LaPointe and staff from the town’s building and planning department ruled could satisfy the parkland requirement for about 21 of the complex’s 112 units based on square footage.

“In the past we have utilized the Town of Brookhaven’s [formula] as they have a multiplier — either 1,500 square feet per unit or $1,000 per unit,” she said. “The square footage I don’t really have a problem with. I believe that $1,000 is a relatively antiquated number in this day and age. You can’t really buy 1,500 square feet of anything for $1,000. Our multiplier that was proposed was $1,500, so not a massive increase. And again, our calculations came down to that they provided enough green space for a portion of their 112 units, but still did not have parkland for the remaining 91, which results in a fee of about $136,500 in parkland.”

The Aug. 20 resolution effectively set a $1,500 fee per square foot of green space not provided. Trustee Bruce Miller was the lone village board member opposed to the resolution.

“I am appalled at this,” he said. “We are taking recreational space that every luxury apartment has to provide if they’re going to attract tenants and we’re dedicating that to the specific use of the tenants only and we’re calling that public space or green space. It’s not public space.”

Village Mayor Margot Garant disagreed with Miller.

“I think it’s appropriate to give a credit because you also want to encourage these [developers] to build nice places that have the amenities, that have certain areas that are green space, that are attributable to the living area,” she said.

A spokesperson for Tritec did not immediately respond to a request for comment.

The festival will have lots of carnival rides and games for families to enjoy. File photo by Bob Savage

By Sabrina Petroski

Souvlaki, gyros, baklava, oh my! Is your mouth watering yet? Try all of these dishes and more as the Greek Orthodox Church of the Assumption in Port Jefferson celebrates its 57th annual Port Jefferson Greek Festival from Aug 23 through 26. This year’s event will feature carnival rides, traditional dance performances, live music, games and culinary delights. 

Come for the delicious food and stay for the dancing!

Authentic Greek dishes such as gyros, moussaka, tiropita, souvlaki and spanakopita will be served up, along with sweet desserts such as melomakarona, galaktoboureko, kourabiedes, koulourakia, baklava and loukoumades, a fried dough pastry favorite.

According to Marisa Raptis, the president of the Parish Council, members of the church will be making the food on sight and fresh to order. Popcorn, cotton candy and pretzels will also be available. 

Guided tours of the church will be available throughout the day, and over 30 vendors will be scattered around the church grounds selling jewelry, home                                                                                           goods, clothes, beauty products, candles and other handmade items. 

One of the main attractions at the festival is the over-the-top sweepstakes that the church holds. This year 315 prizes will be awarded including cars — a 2018 Mercedes Benz GLC 300 4Matic is first prize — an Alexa Smart Device, a Bose Home Theater, an iPod Touch, a Nespresso Mini, cash prizes and much more. Tickets for the sweepstakes are $100 each, limited to 4,999 tickets — meaning that one out of 16 will win a prize. The drawing will be held on Aug. 26 at 7 p.m.

The festival will have lots of carnival rides and games for families to enjoy. File photo by Giselle Barkley

In addition, there will also be live performances throughout the weekend for guests to enjoy. The Hellenic Dance Troupe will be performing on Saturday as well as the church’s Youth Dance Troupe, showing off the traditional Greek style of dance. A five-piece band will take the stage Friday through Sunday with tunes that will make you want to get up out of your seat, and a DJed fireworks show will turn heads on Friday and Saturday night, weather permitting. 

“People should come because we are one of the largest Greek festivals on Long Island,” said Raptis in a recent email. “Where else can you go on a Friday night and eat dinner under the stars while listening to live music and watching fireworks?,” adding, “I am most excited about being with my Greek community for four days as we show our love for our culture to everyone with music, food and dancing!”

The festival will take place, rain or shine, from 5 to 10 p.m. on Aug. 23, 5 to 11 p.m. on Aug. 24, 1 to 11 p.m. on Aug. 25 and 1 to 10 p.m. on Aug. 26. Tickets are $2 per person, and children under 12 can attend for free. A shuttle service will be available from Ward Melville High School to the church. Raffle tickets may be purchased online at www.portjeffgreekfest.com. 

The Greek Orthodox Church of the Assumption is located at 430 Sheep Pasture Road, Port Jefferson. For more information, call the church office at 631-473-0894.

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

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

By Sara-Megan Walsh & Alex Petroski

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

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

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

Port Jefferson Power Station. File photo by Alex Petroski

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

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

Port Jeff school district also responded to the development.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

— Robert Banzer

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

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

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

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

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

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

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

Devin Rotunno helps kids plant seeds using her Gold Award project Aug. 10, 2018 at the Long Island Explorium on East Broadway in Port Jefferson. File photo by Alex Petroski

Port Jefferson’s most inquisitive young explorers will have a new, sustainably minded activity to learn from thanks to the efforts of one of their own.

Girl Scouts looking to achieve their Gold Award, the highest honor a Girl Scout can earn, are tasked with identifying an issue in their community, conducting research, pitching a project and shepherding it to completion in a leadership role in the hopes of achieving some greater good for the community.

Girl Scout Devin Rotunno, a Port Jeff resident heading into her senior year at Earl L. Vandermeulen High School, decided to achieve her Gold Award by building a station where kids can plant locally native vegetation at the Long Island Explorium, a Port Jeff museum located at 101 E. Broadway dedicated to fostering an environment of learning and discovery for visitors of all ages, where Rotunno has volunteered for years. She dropped off and set up the project with help from her parents Aug. 10.

“When I started here early last year in 2017, we felt the programing here has always been about STEM [science, technology, engineering and mathematics], and we wanted children, guests and visitors not only to know STEM for the knowledge of STEM, but really the civic component of it, like, ‘What’s the big deal about learning about science, technology, engineering and math?’” said Angeline Judex, executive director of the Explorium. “The civic component is obviously our interaction and our relationship with the world and our environment surrounding us. I’ve been trying to infuse some sort of sustainability type programing and I think this was something that we thought was perfect.”

Rotunno’s project was built from common cedar wood and includes a laddered portion where kids can keep and monitor their plants as they grow, as well as a station to plant seeds, equipped with soil and gardening tools. She credited a family friend and contractor for helping with the design and lending his shop and tools for the cause. 

“I love it here so much, and as my Gold Award project was approaching I thought it would be the perfect place to dedicate my Gold project to,” Rotunno said of the Explorium. She reflected on providing a new program for kids now in the position she used to be in, visiting the museum to enjoy activities it had to offer. “It’s awesome, just the feeling — since I’m going off to college in a year, the fact I can leave something they can use forever — it’s just a good feeling I can give back.”

Carol Van Duyn, the museum’s manager who has been there for 13 years, reflected on the full-
circle nature of Rotunno’s time at the Explorium.

“Many of the children that came to join and participate in the interactive exhibits continued and then they became volunteers, and then came to us to ask us if they could do something to leave their mark, and we were thrilled,” she said. “She [Rotunno] kept redesigning and reconfiguring, coming back to remeasure before she made her final cut. So, this was a work in progress for a number of months.”

Rotunno’s mom, Jennifer, who also served as Girl Scout Troop 2988 leader since her daughter was in kindergarten, shared her feelings about witnessing the culmination of the long process for her Scout daughter.

“It’s awesome, I’m very proud,” she said. “I’m proud that she’s been a Girl Scout all these years. It’s not common for a girl to make it to this age and to this award. It’s a really special thing. She’s loved coming down here and volunteering.”

All photos by Alex Petroski

First responders from SCPD and Terryville FD helped deliver a baby at a Port Jefferson Station home. Photo by Dennis Whittam

By Anthony Petriello

A miracle occurred in the early morning hours Aug. 9 as first responders helped deliver a baby girl at a Port Jefferson Station home. Sixth Precinct Officers Jon-Erik Negron, Brian Cann and Karl Allison responded to a 911 call on Lisa Lane. Upon arrival, they found a full term expectant mother, Keri Fort, in active labor and in need of assistance.

“The Suffolk County PD was the first to get to my house and got us all calmed down-it was kind of a crazy scene as you might imagine,” Fort said in a Facebook message. “They were a perfectly well-oiled machine with little talking to each other. They all knew what to do without a word, concentrating on me and telling me what to do next. My mother dialed 911 at 2:20 a.m. and sweet little Stella was born at 2:44 a.m.”

According to police, Fort’s water had broken already when they arrived, and her contractions were approximately five minutes apart. Shortly after, Terryville Fire Department paramedics Kevin Bader, Gina Brett, and Chris Meyers arrived on the scene to assist and take control of the situation.

“It was a collaborative effort,” Cann said.

Working together, officers and paramedics were able to deliver the baby girl, named Stella Blue Fort, in the residence at approximately 2:44 a.m., and transfer the mother and baby girl to the St. Charles Hospital Labor and Delivery unit by ambulance in good health. Fort and her daughter have since been released from the hospital and returned home.

This is not the first time Negron has had to spring into action to help bring a baby into the world while on duty. Last August, Negron helped save a newborn in Mount Sinai after a mother gave birth unexpectedly at home, and the baby’s umbilical cord was wrapped around his neck. In June, Negron was named the baby’s godfather by the parents.

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Not even a downpour could stop the participants of the eighth annual Sikaflex Quick & Dirty Boat Build Competition August 12 from testing both their ingenuity and skill in racing a craft they built.

Six teams were given five hours Saturday, Aug. 11 to construct their own small craft out of plywood and calk, even including their own oars. Those boats were painted early Sunday before they were taken out into Port Jefferson Harbor alongside Harborfront Park to be raced against each other. Though for many who participated, a large part of the competition was to see if their boat could actually float.

“We didn’t even float in last year’s competition, so this year was a redemption,” said Queens resident Kelsey Pagan, who along with her partner Dominic Ware, won third place with their boat the Crooked Angler.

Winners of the previous year’s competition, Matthew Debeau and Ken Callirgos, from Port Jefferson, got second place with their spaceship-themed boat named Apollo 1379. Brooklyn residents Keanne Petrie and Jocelyn Cabral won this year in their boat School of Fish. Petrie is a five-year contestant, and this was the first time she won. It was a day of victories for Petrie, as she also was picked in a raffle drawing for a brand-new Sassafras 16 Chesapeake Light Craft Canoe.

“This is really amazing,” Petrie said. She thought about it, and laughed. “Now I just need to figure out how to bring this back to Brooklyn.”