Port Times Record

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The director of the Echo Arms Adult Home in PJS said they are lacking funds to help support their residents. Photo by David Luces

As census data suggests the number of Americans ages 65 and over is projected to nearly double from 52 million in 2018 to 95 million by 2060, some argue there has been an increased need for more assisted/senior living facilities. 

In New York State, licensed assisted living facilities receive government funding known as SSI, or Supplemental Security Income, which helps pay for services for seniors, including room, board, 24-hour supervision, medication assistance, case management and personal care assistance. New York State also supplements the federal SSI with additional payments through its Supplemental Security Program (SSP). 

“For lower-income and disabled individuals there are no other choices for them.”

— Harry Katz

Some local assisted care directors say the money is too little to care for an increasing demographic.

Harry Katz, administrator of Echo Arms Adult Home in Port Jefferson Station, said he runs one of the largest facilities in Suffolk County that exclusively accepts SSI/SSP individuals. 

“If SSI doesn’t change it will jeopardize a number of facilities on Long Island like mine,” he said. “For lower-income and disabled individuals there are no other choices for them.”

Though facilities in the state have said it has become increasingly difficult to pay for care of lower-income elderly, as the state has not increased its supplemental payment income for facilities in 12 years. 

Empire State Association of Assisted Living, a nonprofit organization whose stated goal is to strengthen New York State’s assisted living network, said due to the state not increasing the amount it will restrict senior’s access to this type of care. Currently, there are over 12,000 seniors living in SSI adult care facilities across the state. 

ESAAL serves more than 280 licensed assisted living residences, adult homes and enriched housing programs throughout the state. Some other locations in Suffolk County include Fairlawn Adult Home in Northport, Atria South Setauket and Maryville Assisted Living in Smithtown.  

According to ESAAL and Katz, the current SSI rate is less than $45 per day, which barely covers one half of a shift of one aide employed by an assisted living facility. 

Katz, who oversees 13 other employees at his facility, said he believes the state should increase funding so he and others can continue to provide these valuable services to seniors. 

“These are their homes, I’ve had residents who have lived here [Echo Home] for close to 20 years,” he said. 

Katz and others have reached out to elected officials to help their cause, but he said Albany remains stagnant in trying to increase funding.   

Back in 2018, current Democratic U.S. Rep. Anthony Brindisi, while then a state assemblyman, introduced a bill (A6715B) that would increase the SSP that adult care facilities receive. In order to ensure that these services continue to be available to low-income SSI recipients. The bill passed both the Assembly and Senate but was ultimately vetoed by Gov.Andrew Cuomo (D). ESAAL is requesting that NYS increase the current SSI rate to $61 in the 2020-21 state budget. 

The administrator said it is also about educating people on what their organization does every day, as well as what kind of services these facilities provide. 

“These are a vulnerable group of people, these homes are providing a very good function,” he said. 

Katz said for many facilities like his, the increase of operation costs, wages and other factors in addition to the current SSI funding has made it difficult for some operators to continue to run its services. 

“Many facilities unfortunately are moving in that direction, he said. “The edge is coming closer for us, if nothing happens.”                                              

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At each of the boats’ prow, a dragon, open-mouthed, roared its challenge to each other boat beating in time alongside. All day, Sept. 14, the dragons raced through Port Jefferson Harbor.

At the 6th annual Dragon Boat Race Festival, hosted by the Greater Port Jefferson Chamber of Commerce, 27 teams competed on a 250-meter, three-lane racing course in front of Harborfront Park. Each boat consisted of 20 paddlers along with one steersman and one drummer who beat out the time of the oars. The vast majority of teams were made up of amateurs, some whose first time stepping into a rowing position was at the Sept. 14 event.

Alongside the rows of tents used for the teams and their rowers, children could also watch and try their hands at traditional Chinese calligraphy and get their faces painted.

In addition to the ongoing races in the harbor, performers made use of the new stage at Haborfront Park for productions, from the Yiyuan Dance School showcasing a traditional Chinese and Xinjiang folk set to the Stony Brook-based Taiko Tides doing the classic Japanese percussion ensemble. Multiple martial arts schools gave demonstrations of Kung Fu and Karate.

 

Lorraine Mary Taylor, 64, was born July 10, 1955, in Mineola, and died Aug. 27 in Keller, Texas.

Lorraine was a freelance editorial writer and recognized nationally and locally with several editing awards, including the prestigious James Beard Award. As a local business and feature writer for Times Beacon Record in New York, she was fondly known by her colleagues as “the writer who needs no editing.”

Lorraine graduated from Hauppauge High School where she earned several honors, including the National Merit Scholarship Award and New York State Regents Scholarship Award. Lorraine earned her undergraduate degree from Cortland State University in New York. 

She is survived by her loving husband of 32 years, William L. Taylor; sister, Lisa Rieder and her husband, Raymond; brother, Henry De Pietro and his wife, Monica; nieces and nephews, Kristen Rieder, Michael Rieder and his wife, Kristina, Nicholas De Pietro and Michelle De Pietro; and mother-in-law Martha Taylor. She was preceded in death by her parents, Henry and Florence De Pietro.

Lorraine was a past member of the Keller Garden Club and the New Neighbors of Greensburg, in Greensburg, Pennsylvania. In addition, she enjoyed gardening, crafts, swimming, exercising, walking and spending time with her family.

Lorraine requested that all donations should be sent to The Oncology Care Unit, Texas Health HEB Hospital, 1600 Hospital Parkway, Bedford, TX 76022.

Denise Peters

Denise Mary Peters, 69, of Alamo, California, died Sept. 4.

Denise graduated from Christ the King High School in Middle Village in 1967 and then attended Katharine Gibbs Secretarial School, graduating early and with honors. She could type 140-plus words per minute and was a skilled wordsmith. Denise was a former lead reporter and managing editor for The Port Times and The Village Beacon in the early ’90s.

Denise stayed in contact with friends from grade school in Middle Village where she attended St. Margaret’s School along with her five brothers. She moved out to California in 1996 where she married her beloved husband, C. Larry Peters, June 19, 1999. She was a member of the Church of Jesus Christ of Latter-Day Saints. Denise was an avid reader, an extraordinarily talented writer, a connoisseur of music, a fanatic pet protector and the most caring person you could ever meet. She was always thinking and worrying about others and never about herself.  If you called her and needed help for any reason, she would drop everything she was doing to be there with you.

Denise was a true angel.  She never met a person who didn’t become a devoted friend, whether she knew it or not. Her stories and enthusiasm were endless, and so were the laughs.  Denise always found herself in the funniest of situations.  Whether she was traveling around the country or traveling around the block, she would come back with the most unbelievable stories. Denise had a gift of making everyone feel like they were the most important person in the world.  She had a heart as big as Texas. She is missed beyond words and will never be forgotten.

Denise was preceded in death by her parents, Thomas Francis McDonnell and Mary Collette McDonnell, and her brother, James Charles McDonnell. She is survived by her loving husband, C. Larry Peters, 75, of Alamo, California; her son, Vincent Thomas Alfieri, 43; and his wife, Jordana of Hastings-on-Hudson; her daughter, Maria Lynn Alfieri-Vongphakdy, 40, and her husband, Boualay, of Danville, California; her brothers, John McDonnell, 58, and his wife, Patty of Lyndhurst; Thomas McDonnell, 63, and his wife, Janice of Elmhurst; Daniel McDonnell, 65, and his wife, Marcia of Tolland, Connecticut; Kevin McDonnell, 71, of Lakewood, Colorado; and her aunt, Katherine McCauley, of St. James. She is also survived by her sons, Marc Peters and his wife, Liz; Sean Peters and his wife, Julie; and Jonathan Peters; her grandchildren Covin, Sage, Jordan, Peyton, Hayden, Allyson, Kelsey K, Connor, Cole and Claire; dozens of cousins and scores of nieces and nephews from all over the country.

Visit www.oakparkhillschapel.com for the online guest book.

Stock Photo

The Suffolk County Department of Health announced 11 more mosquito samples have tested positive for West Nile Virus, with two samples collected in Rocky Point, one sample from Northport, one from Melville and one from Greenlawn.

Other samples were collected in Holtsville, Mattituck and Greenlawn.

New York State’s health department informed Suffolk County health officials Sept. 13 the new samples bring the total reports of West Nile Virus amongst mosquitos to 68. Four birds have tested positive for West Nile so far, but no humans or horses have tested positive in Suffolk County.

Dr. James Tomarken, the county commissioner of health, reiterated the need for people to report dead birds or look for other symptoms of the virus.

“The confirmation of West Nile virus in mosquito samples or birds indicates the presence of West Nile virus in the area,” he said.

Last month, 10 other mosquito samples tested positive for the virus. Three samples had been found in Rocky Point, with others located in Commack and Huntington Station, among others.

West Nile virus may cause a range of symptoms, from mild to severe, including fever, headache, vomiting, muscle aches, joint pain and fatigue. There is no specific treatment for West Nile virus. Patients are treated with supportive therapy as needed.

The best way to handle local mosquito populations is for residents to eliminate standing or stagnant water pools in their local areas.

People are also encouraged to use long sleeves and socks and use mosquito repellent.

The virus came to New York nearly 20 years ago, and samples are usually found in summertime when the mosquito population is most active. Cases, in the intervening years, have become relatively rare.

Dead birds may indicate the presence of West Nile virus in the area. To report dead birds, call the Public Health Information Line in Suffolk County at 631-787-2200 from 9 a.m. to 4:30 p.m., Monday through Friday. Residents are encouraged to take a photograph of any bird in question.

To report mosquito problems or stagnant pools of water, call the Department of Public Works’ Vector Control Division at 631-852-4270.

Libraries across Suffolk County will have to deal with changes to the number of e-book copies allowed to them. Photo by Kyle Barr

As the internet has connected the world, libraries across Suffolk County have never been as linked as they are today with both patrons and each other.

The written word is strong, despite claims to the contrary, especially with the proliferation of e-books and audiobooks. Suffolk County’s Library System allows for libraries to request books from fellow libraries and gives access to multitudes of e-books and audiobooks alike, all free on request, barring a wait list.

Some publishing companies are not happy with the status quo.

Macmillan Publishers, an international corporation and one of the top five publishing houses across the globe, announced its intent to limit the number of copies allowed to libraries to one for the first eight weeks of release starting Nov. 1. After those eight weeks, they can purchase “expiring” e-book copies which need to be re-purchased after two years or 52 lends.

The Port Jefferson Library will have to deal with changes to the number of e-book copies allowed to them. Photo by Kyle Barr

While this decision has rocked libraries across the country, in Suffolk County, as the interlibrary program and e-book lending is handled by the Suffolk Cooperative Library System, that will mean one copy of an e-book for the entire system, according to Kevin Verbesey, director of the county library system. Just one e-book license for the whole of Suffolk and its near 1.5 million residents for the first eight weeks of its release.

To add some perspective, Verbesey said a hot new title could have thousands of residents on a wait list for the title, and the county library system usually tries to have one copy of said book for every two or three people requesting it. Like any anticipated piece of media, new and highly anticipated titles are most often sought and bought in those first eight weeks. Following that, barring renewed interest from something like a movie deal, attention begins to wane. Basically, the library system, which would usually purchase hundreds of licenses of that book, will effectively be restricted from having any. 

In socioeconomic terms, Verbesey said it means people who can afford it can buy a book. Those who can’t afford it will have their access restricted.

“In some parts of the county where there’s not great socioeconomic need, people have the option to ‘press buy’ and buy it for $12, but that’s not the case everywhere,” Verbesey said. “Rich people can have it, but poor people can’t.”

The North Shore is one of Suffolk County’s heaviest concentration of library users, the county library system director said. Those patrons could see some of the biggest impact of this decision.

Debbie Engelhardt, the Comsewogue Public Library director, said her patrons are savvy and know when books are set to hit the street, and they depend on the library to have e-book copies available.

North Shore Libray will have to deal with changes to the number of e-book copies allowed to them. Photo by Kyle Barr

“We have a long history of working very hard to get things into people’s hands as quickly as we can,” she said. “Think about a tiny little library someplace, they can buy one, and then all of Suffolk County can buy one. It just doesn’t seem equitable.”

Engelhardt said libraries often have deals to purchase books cheaper than retail price through deals with publishers. They will also create lease agreements to gather numerous copies of whatever is popular at the time, so they are not later burdened with multiple copies of that same tome. 

Ted Gutmann, the director of the Emma S. Clark Memorial Library, also pointed to the interlibrary loan system, which means not every library will need to purchase every book as long as it’s available nearby. 

E-books, on the other hand, are purchased by libraries for sometimes five times its original asking price. A regular e-book could cost around $12. A library or library system will purchase it at around $50 or $60, according to Verbesey. This is because libraries need to buy the licensing agreement of the copy in order to lend it to multiple people over the course of its license before the agreement expires in a few years. Each publisher has different policies on how long the licenses last and what is the cost for relicensing a product. 

The Suffolk library system has an annual budget of $14 million, with $4 million being spent directly on e-books and for the services of Overdrive, an application used by libraries to distribute their electronic media. E-books currently make up approximately one of every four checkout items from libraries in Suffolk. 

Despite the price of these books, Verbesey said they are happy to purchase what can be hundreds of licenses of that one e-book if there’s demand. This new policy would make it pointless to purchase any copies.

Macmillan did not respond to a request for comment, but in its original July 25 letter to Macmillan authors and agents announcing the change, CEO John Sargent wrote, “It seems that given a choice between a purchase of an e-book for $12.99 or a frictionless lend for free, the American e-book reader is starting to lean heavily toward free … Our new terms are designed to protect the value of your books during their first format publication. But they also ensure that the mission of libraries is supported. They honor the libraries’ archival mandate and they reduce the cost and administrative burden associated with e-book lending. We are trying to address the concerns of all parties.”

The changes came after the corporation tested a 16-week embargo with e-books from its subsidiary Tor Publishing, concluding e-book lending had a negative impact on sales.

The Emma S. Clark Memorial Library will have to deal with changes to the number of e-book copies allowed to them. Photo by Kyle Barr

Overdrive CEO Steve Potash condemned the move, calling the company’s original test data faulty adding that very few Tor e-books are available in public library catalogs. He pointed to other studies that showed libraries had no material impact on e-book sales.

Authors published under MacMillan include romance author Nora Roberts, young adult fantasy based in African myth Tomi Adeyemi, and even famous and deceased authors such as C.S. Lewis. The company is also set to publish whistle-blower Edward Snowden’s memoirs this month, which is sure to become a hotly requested item.

And though the libraries have no control over the publisher’s requests, some expect the onus to fall on the individual libraries themselves. 

“When a library serving many thousands has only a single copy of a new title in e-book format, it’s the library — not the publisher — that feels the heat,” said American Library Association President Wanda Brown in a July 25 statement. “It’s the local library that’s perceived as being unresponsive to community needs,” she added.

Engelhardt pointed to data from the national Library Journal’s Generational Reading Survey for 2019, which showed 42 percent of those surveyed purchased the same book they borrowed from the library, and 70 percent bought another book of the same author of a book they borrowed. She added libraries are some of the biggest promoters for individual books, authors and literacy in general, and Macmillan may only be hurting its own brand.

While the limitation on e-book lending won’t be in effect until November, libraries are already preparing to tell their patrons why Macmillan books won’t be available electronically. 

“We’re going to have to explain the publisher is not working with local libraries,” she said.

 

Marilyn Tunney

By Elizabeth Tunney

Marilyn Tunney, 86, a longtime resident of Setauket died peacefully Sept. 2.

Marilyn Tunney

Marilyn was born to the late Helen Ekenberg and Joseph Talbot Nov. 13, 1932. She and her late brother John Talbot were raised in Cedarhurst. Marilyn attended St. Joseph’s boarding school in Brentwood where her faith, Christian spirit and the friendships she made would last her a lifetime.

She met her beloved husband, John Tunney, in 1949, and in 1956 they married and spent the next 60 years together calling Setauket their home. Marilyn was a devoted and selfless mother to John (Mimosa), Beth (Charlie), Peter (Amy) and David (Christine). She was also the proud and loving grandmother of Olivia, David Jr., John IV, Duke, Arthur and Sonnet.

Family was everything to her and she devoted herself entirely to their happiness.

Marilyn spent 25 years working at The Village Times newspaper in the classifieds department where she found great joy in her work but more importantly cherished her friendships.

The family is very grateful for all the loving and thoughtful care of all those at Jefferson’s Ferry who cared for her over the past few years. She led her life with grace, thoughtfulness and honesty and was loved by all that knew her sweet soul. 

A funeral Mass will be celebrated at St. James R.C. Church in Setauket Sept. 13 at 10:45 a.m. 

Fire departments from Wading River to Mount Sinai came to the 9/11 Community Memorial in Shoreham Sept. 11, 2019 to commemorate that fateful day. Photo by Kyle Barr

By Rich Acritelli

Sitting down to write this story about 9/11, there is the constant reminder of how beautiful this day was with brilliant sunshine, warm weather and the buzz in the air of people going about their daily responsibilities.  It seems like yesterday that this same sort of memory that was some 18 years ago completely changed the course of American history. As people were handling their daily routines of putting their children on the bus and going to work, people in Manhattan and Washington, D.C., endured harrowing terrorism that shook the foundations of those cities. In the rural area of Shanksville, Pennsylvania, the wreckage and the remains of Flight 93 were found.

Fire departments from Wading River to Mount Sinai came to the 9/11 Community Memorial in Shoreham Sept. 11, 2019 to commemorate that fateful day. Photo by Kyle Barr

Some 18 years later, families and friends still struggle with getting through this particular day. While there are students in our local schools who were not yet born when these attacks occurred, this terrible moment is still with us. As many of our students did not see the constant news coverage about the attacks waged on our nation by Osama Bin Laden and al-Qaeda, 9/11 essentially became one of the longest days ever in our country. It remained with us for months and years, as our mind flashed images of the two planes that destroyed the World Trade Center towers, the Pentagon and Flight 93 that would have been used to target the Capitol or the White House.  

Americans were shocked at the news reports of the failed attempts of the shoe and underwear bombers to destroy other commercial airlines and anthrax that was sent to noted journalist Tom Brokaw. Today, young adults that like to attend popular concerts at Jones Beach do not remember the military presence in the Atlantic Ocean near the venue. The federal government ordered aircraft carriers that were in view of the amphitheater to fly fighter missions over major cities, including New York, to guard against the potential use of civilian aircraft that could possibly target major buildings and landmarks. In a total sense of shock, Americans were reeling from the earliest moments of terrorism that had clearly impacted our way of life.

Never before had Americans repeatedly watched the news coverage of citizens on American soil desperately running for their lives away from buildings that were collapsing around them. In many cases, they did not stop moving until they were across the Brooklyn Bridge, covered in dust and debris, with looks of despair on their faces. For months, North Shore rescue and demolition workers sifted through the wreckage of lower Manhattan to search for survivors and the remains of lost ones. In the tristate area there were daily reminders of 9/11 through the numerous funerals that were held for many of the 2,977 people that were killed.  And it was almost 19 days after the terrorists hit the U.S. that the military struck the Taliban and its allies in Afghanistan. Just this week alone, as peace talks continued between America and the Taliban, a car bomb derailed the negotiations and our soldiers are still operating to guard against terrorism in Afghanistan. While many local people are concerned that other parts of this country have forgotten about this date, 18 years ago showed the iron spirit of American resolve and willingness to help each other.

The Sound Beach Fire Department held its annual 9/11 ceremony Sept. 11. Photo by Greg Catalano

This was an attack that had never been waged against the U.S. before, but the American people presented an immense amount of comradery; caring for fellow citizens who were struggling from the attacks. At once, there was an outpouring of patriotism. Walmart was unable to keep up with the demand of its customers who wanted to purchase American flags.  People wrapped yellow ribbons around porches and trees and patriotic signs hung in businesses, schools and churches honoring the rescue workers at ground zero. Fire and emergency crews from every corner of this nation and Canada descended on Manhattan to help the New York City Fire Department. Both the New York Yankees and Mets participated in raising the spirits of the recovery workers by having their players meet with them in Lower Manhattan and honoring their tremendous sacrifices when baseball came back to America at Shea Stadium in Flushing, Queens. Huge flags were presented by the military that covered the length of Giants Stadium during the national anthem. When motorists crossed over the George Washington Bridge, it was done under a flag that could be seen for miles.   

President George W. Bush, through a heightened security presence, was at the World Series that had been pushed back due to the 9/11 attacks. He attended the New York Yankees and Arizona Diamondbacks game where he stood on the pitcher’s mound, presented a thumbs up to the crowd and threw a strike to the catcher. At this time, former New York Jet’s coach Herm Edwards was asked football questions about an upcoming game and he told the reporters with tears in his eyes that sports is not everything. As the Meadowlands is within sight of the city, the Jets could see the smoke rise from the wreckage. He stated his team’s thoughts and prayers were with the rescue workers at ground zero.  Today, you can visit the National 9/11 Memorial in New York City and see a powerful sports exhibit that is connected to these attacks and how our local teams used athletics to help provide a sense of comfort and distraction during this tragic time.

Fire departments from Wading River to Mount Sinai came to the 9/11 Community Memorial in Shoreham Sept. 11, 2019 to commemorate that fateful day. Photo by Kyle Barr

Just recently, local leaders from the FEAL Good Foundation were in Washington, D.C., to lobby the government to prevent the discontinuation of the Zadroga Bill.  Retired New York City Police Officer Anthony Flammia strenuously worked with other rescue workers to promote the importance of this legislation to congressional members from every part of the U.S. The organization was determined to pass legislation that continued to help rescue workers suffering from 9/11-related health conditions. Longtime comedian Jon Stewart stood next to men and women from the FEAL Good Foundation to place pressure on congressional leaders to put their differences aside and pass this vital bill. Stewart openly wondered how our government was prepared to turn its back on survivors that unflinchingly answered the call on this date. Shortly after speaking to a congressional committee, NYPD Detective Luis Alvarez passed away from the poor health condition that he had gained as a result of his time at and near ground zero.

Over the course of American history, there have been many serious events that our nation has had to rebound from through the will of its citizens. 18 years ago, this dynamic character of our country rose out of the darkest moments of terrorism to show the world that Americans will always stand together. May we always remember our rescue workers, War on Terror veterans and those Americans that are currently struggling with 9/11-related illnesses. 

Rich Acritelli is a social studies teacher at Rocky Point High School and an adjunct professor of American history at Suffolk County Community College.

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Close to 50 people attend a candlelight vigil and prayer service for the victims of 9/11 at Harborfront Park. The event was headed by the Order Sons and Daughters of Italy in America Vigiano Brothers Lodge Brothers Lodge 3436. 

Anthony Rotoli, Jr., president of the lodge, said this annual event has a significant impact on them as they are named after two brothers John T. Vigiano, Firefighter First Grade NYFD and Joseph V. Vigiano, Detective, Emergency Services NYPD who perished on 9/11. 

“It’s a way to honor them and the lives lost that day,” he said. “We had a pretty good turn out.”

 

 

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Some residents and village officials object to a reduced recreation fee for private facilities at The Shipyard, here seen originally in construction. File photo by Alex Petroski

The Village of Port Jefferson has a lot of apartments on its plate, both those developments already settled into their foundations and those still in the hopper. 

So far, the experience for Port Jeff community members and officials alike has not left the greatest impressions.

Some points have become so contested that village officials voted to change the code to prevent similar experiences in the future.

The village held three public hearings Sept. 3 to propose changes to the village code. Two code changes were in direct response to complaints of the development of separate apartment complexes. One code change was for payment in lieu of parking and the other on what counts for reducing the recreational space fee owed to the village.

In the latter case, the village has moved to excise rooftop decks, patios and other common areas not accessible to the general public from being considered park or recreational facilities for the purposes of developers reducing the parkland fee paid to the village.

Mayor Margot Garant said the change has come after review of comments from the community, especially in regard to the fee paid by Tritec Real Estate Company, of which the mayor said is over $50,000, is still owed to the village.

“As we cannot enjoy the rooftop deck at Shipyard, we don’t think that should be taken into consideration when taking a calculation of the fee,” she said.

In August 2018, the village passed a resolution reducing the fee levied on Tritec for not including sufficient public green space, with the mayor arguing at the time the desire to have developers build amenities and green space for use by their tenants. At that time, Trustee Bruce Miller vehemently disagreed with the decision.

Just over a year since then, at the Sept. 3 meeting, Garant argued for a “bright line” code for the planning board to take into account in future developments, this time specifically pointing to the Tritec development for the code change.

Not all Port Jeff residents saw this as a complete victory. Michael Mart, a longtime Port Jefferson resident and regular watchdog, said he applauded the change, but argued the code as it previously stood could have been interpreted to prevent developments like Shipyard from getting recreation fees lowered for private amenities. 

“The planning board members shouldn’t make the difference because the code governs what the planning board does,” Mart said.

Garant disagreed. 

“[The recreation fee] was meant to make sure the village was getting an appropriate recreation fee for the stress that it puts on our public amenities,” she said. “Not to subtract the private amenities. I don’t think the language is strong enough as it exists to make that a protocol.”

Barbara Sabatino, a member of the planning board, said it had been informed the facilities would not be off limits to nonresidents.

“At the time we made that decision we were informed by Tritec that those outside decks that have view of the harbor could be accessed by the public, that it wasn’t Tritec residents only,” she said.

Representatives of Tritec did not answer multiple phone calls for comment.

Mart said the onus should not be just on Tritec for “pulling the wool,” but on the village and planning boards for not enforcing their vision of the code. 

The mayor said the village is still owed the fee from The Shipyard, which she added they can only pursue after the developer files the deeds with the Suffolk County Clerk’s Office. 

“I can’t really say when those deeds are recorded, but as far as I’m concerned, I want my money,” she said.

Also discussed in the meeting was a change to the code on payment in lieu of parking, citing another apartment development in the space that Cappy’s Carpets once occupied.

In a March public meeting, attorney’s representing Brooks Partners LLC, a subsidiary of Port Jefferson-based Gitto Group, said the Cappy’s Carpets project, known as Brockport, would have to pay for four spaces in payment in lieu of parking. The project is set to have 78 spaces of parking for its residents and for those working in the retail stores set to be located under the new apartments. 

The New York State Department of Transportation recommended removing two on-street parking stalls along Main Street for safer access to the property on Main Street. This did not sit well with some community members who saw it as a loss of parking spots in a village desperate for more lot space.

Garant attended that March meeting and agreed with those who criticized the project for the loss.

“But for that project we would still have two on-street parking spaces,” she said.

Bruce D’Abramo, the only board member to vote “no” on this code change, said it was out of the developers’ hands, having been ordered through the state DOT.

“In the case we are talking about the applicant who had no choice in this matter, it was the DOT who removed two on-street parking spaces on a state road that the village has no real control over anyway,” he said.

Mart, again, asked why the planning board did not make it a condition of their approval of the building’s site plans to mandate paying for the loss of the on-street spots.

“The planning board had the opportunity to make it a condition on the approval,” he said.

Chris Bianco, an attorney working on behalf of the village alongside Village Attorney Brian Egan, said the planning board would be on shaky ground if it made that a condition under the current code.

Garant acknowledged the change in code could present legal trouble down the road.

“I know everybody’s hands are kinda tied,” she said. “Somebody can certainly challenge me on that and take me to court, but I would rather be on the upside of that than downside of that.”