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Town of Huntington

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Northport power plant. File photo
Mediation meetings could begin in next 30 days in attempt to reach settlement in lawsuit before fall trial date

Town of Huntington and Northport school officials have agreed to sit down with Long Island Power Authority to see if an agreement can be reached, before the lawsuits go to trial. 

The town board voted July 17 to hire a neutral third party in an attempt to resolve its differences over the assessed property tax value of the Northport Power Station with LIPA and National Grid that have led to a lengthy, ongoing battle.

Councilman Gene Cook (R) put forth a late-starter resolution at Tuesday’s board meeting to hire Port Washington-based attorney Marty Scheinman, who he reports came “very highly recommended.” His
motion was approved 4-0. 

“The judge was very adamant about making sure we sat down and went through this,” Cook said. “Why don’t we put all the cards on the table and see what we find. I’m all for it.”

Scheinman has been a full-time arbitrator for more than 40 years and has helped parties reach an agreeable resolution in more than 20,000 private and public-sector disputes, according to his website. He has experience dealing with high-profile celebrities, elected officials and helped resolve the largest commercial dispute in the history of the New York state court system between the co-founders of AriZona Beverages, according to Supervisor Chad Lupinacci (R). 

“This is just about getting everyone to the table,” Lupinacci said, who has consistently said the town remains open to negotiations.  

Now, Scheinman faces the daunting task of finding common ground between LIPA, which filed a tax certiorari lawsuit against the town assessor’s office in 2010 seeking a 90 percent reduction in the assessed property tax valuation of its Northport Power Station, and seeking repayment of all taxes it claims to have overpaid since 2010 — currently amounting to more than $550 million and growing — and the Huntington and Northport communities it would affect. 

“I’m glad to have been selected and hope I can help the parties resolve their dispute,” Scheinman said. 

Councilman Mark Cuthbertson (D) voted against taking up Cook’s suggestion, before ultimately abstaining from voting on the contract to hire an arbitrator. Cuthbertson said while he commended a move toward mediating the dispute, but questioned Scheinman’s relatable experience. 

“This particular litigation is a specialized litigation involving complex tax certiorari formulas for assessing power plants,” he said. “As far as I can see this mediator’s experience is really with labor and employment relations, so I have concern with this mediator’s background and choice.”

Under the approved contract, the town has agreed to pay Scheinman $1,150 per hour in addition to covering all out-of-pocket expenses, such as transportation, plus a one-time $400 administrative fee. The overall bill will be evenly split between the town, LIPA, National Grid and Northport-East Northport school district, whose trustees unanimously agreed to move forward with mediation July 11. 

Huntington’s town board change in approach to its lawsuit with LIPA comes shortly after the court trial was originally slated to begin, June 11, which had been postponed. All parties were scheduled to appear July 18 in Suffolk County Supreme Court before Judge Elizabeth Emerson at 10 a.m. to present their arguments on motions already made on the case. The outcome was not available by this publication’s press time. 

In early June, Cook had asked his fellow board members to hire Manhattan-based law firm Boise Schiller & Flexner LLP as additional legal counsel in the town’s pending tax certiorari case with LIPA and National Grid to aid current outside legal counsel, Lewis & Greer P.C. The measure was shot down by a 3-2 vote with Lupinacci, Cuthbertson and Councilwoman Joan Cergol (D) standing against it. One of Cuthbertson’s key reasons for standing against it was the cost, as under the contract the town would have paid Boise Schiller & Flexner $1,650 an hour.  

Cook has also previously publicly spoken out about looking into the possibilities of using eminent domain for the town to take possession of the Northport power plant. He never brought the option before the board. 

Mediation meetings between all four parties would likely begin within the next 30 days, according to Cook. 

Both the Town of Brookhaven and Village of Port Jefferson announced they were nearing settlements over the tax-assessed value of the Port Jeff plant with LIPA in early April.

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The four-bedroom affordable Greenlawn home in Harborfield Estates that will be sold for $221,000. Photo from Town of Huntington

One lucky family will have the chance to move into a new Greenlawn home for $221,000 — if they can beat the odds.

The Town of Huntington started accepting applications July 16 from first-time homebuyers interested in moving into a four-bedroom, 2 1/2-bathroom house in Harborfields Estates. The housing complex is a collection of 47 single-family homes on half-acre plots ordinarily sold at starting at $800,000 each, according to the development’s website. A lottery will be held Sept. 5 to choose at random an individual or family who will be offered the opportunity to purchase the property for about a quarter of the usual cost.

“This is a very unique opportunity for a first-time homebuyer,” said Huntington Supervisor Chad Lupinacci (R). “The exterior is beautiful and I cannot wait to see what it looks like when the interior is complete.”

“This is a very unique opportunity for a first-time homebuyer.”

– Chad Lupinacci

Leah Jefferson, director of the Huntington Community Development Agency, which oversees the town’s Affordable Housing Program, said this is the first time the town is holding a lottery for a single-family home. The two-story house, constructed by developer Island Estate Homes, will be a little less than 2,8500 square feet and move-in ready by the 2018 holiday season.

She said she expects there to be high interest in the property. When town officials held a lottery for affordable senior housing at The Seasons in Elwood in January, the CDA director said nearly 400 applications were received for 10 available units.

“Even though there is only one unit for sale, I would not let that impede people from applying,” Jefferson said. “One person has as good of a chance as anyone else to obtain the unit.”

In order to qualify, those interested must be a first-time homebuyer which the town has defined as a person who has never owned a home, has not owned a home in the last three years or is a displaced homemaker. The purchaser must also demonstrate that their total income — including adult persons age 18 and older combined salary, overtime, bonuses, pensions, social security, tips, etc. — does not exceed 80 percent of the area’s average median income of $61,350 for a single individual increasing to $87,600 for a family of four, in accordance with federal guidelines set by U.S. Department of Housing and Urban Development.

“One person has as good of a chance as anyone else to obtain the unit.”

– Leah Jefferson

“[The purchaser] must give us three years information,” Jefferson said. “If their salary has fluctuated or changed, we will work on the average.”

All applicants must be able to secure a mortgage on their own, according to the CDA director, as the town will not offer financial assistance or financing options. In addition to mortgage payments, the town has estimated potential owners should account for paying $6,000 annually in real estate taxes and $460 in homeowner association fees, which will be billed twice a year.

Town officials will not host an open house, but interested purchasers may contact the developer, at 631-588-8818 to set up a tour of the property.

Those interested must fill out the forms available online at www.huntingtonny.gov/harborfieldsestates by Aug. 17 at 4 p.m. There is a non-refundable processing fee of $26.50 and only one application may be submitted per household.

Income Guidelines to Qualify

Household size     Maximum Income
1 person               $61,350
2 persons              $70,100
3 persons              $78,850
4 persons              $87,600
5 persons              $94,650
6 persons              $101,650

Jefferson said a live lottery will be held Sept. 5 in Room 114 of Town Hall at 5 p.m. There will be two drawings, according to the CDA director. The first will create a priority list for those who are a current resident or employed by a business located in the Town of Huntington, and non-residents who can show they have relatives living in the Town of Huntington. The second drawing will be for all other applicants.

The selected purchaser will not be required to live in the house for any specific length of time, according to Jefferson, as sometimes required with many down payment assistance programs. However, there is a restrictive covenant on the house that the owner must promise to contact the CDA upon putting the house up for resale in the future so as it will remain affordable in perpetuity.

“It’s a wonderful opportunity,” Jefferson said. “It’s not just another rental property, it’s something that they can list and invest in.”

Anyone with questions regarding the application guidelines should contact the Huntington Community Development Agency at 631-351-2884.

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Trevlyn Headley, NYPD’s ceremonial officer, comforts Lisa Tuozzolo with a hug at the opening of the spray park July 11. Photo by Kyle Park
NYPD join the Tuozzolo family in celebrating the grand opening of Sgt. Paul Tuozzolo Memorial Spray Park in Elwood. Photo by Kyle Barr
New York police officers join Lisa Tuozzolo and her two sons, center, in celebrating the grand opening of the spray park July 11. Photo by Kyle Barr
Town of Huntington Supervisor Chad Lupinacci shows elements of the water spray park to the two sons of the late Paul Tuozzolo. Photo by Kyle Barr
Children enjoy the Sgt. Paul Tuozzolo Memorial Spray Park in Elwood. Photo by Kyle Barr
Children enjoy the grand opening of Sgt. Paul Tuozzolo Memorial Spray Park in Elwood. Photo by Kyle Barr

It was no sweat for the Town of Huntington officials to open their first interactive spray water park July 11 to the sound of children laughing and playing in the summer heat.

The Sgt. Paul Tuozzolo Memorial Spray Park, located along Cuba Hill Road in Elwood Park, is  dedicated to Huntington native and fallen New York City police Sgt. Paul Tuozzolo whose family attended the park’s opening.

“Happiness was something that Paul brought to everyone he met,” Tuozzolo’s wife, Lisa, said. “Even though the smiles don’t make up for all the heartbreak that my family and I have suffered, it does prove just how much Paul did and how much he meant to his fellow officers and his community.”

““Happiness was something that Paul brought to everyone he met.”

– Lisa Tuozzolo

The interactive spray park contains multiple water features, including several button- activated water jets, water spraying hoops and overhead buckets that fill up and dump down onto children’s heads. The largest bucket that hangs several meters off the ground is labeled with big block letters spelling “NYPD.”

A 19-year veteran of the NYPD, Tuozzolo was working for the 43rd Precinct in the Soundview section of the Bronx in November 2016 when he was shot and killed responding to what was initially reported as a home
invasion, and later found to be a domestic incident. A police dispatcher told responding officers that a man who had broken into the home was fleeing in a car, which Tuozzolo swiftly tracked down. Upon approaching the vehicle, the suspect shot Tuozzolo, who later died of his injuries.

“The Sergeant made the ultimate sacrifice, he warned other officers of the same fate,” Supervisor Chad Lupinacci (R) said. “But let’s not reflect on how he died, but on how he lived. He believed in service and love for the community.”

The police officer is survived by his wife and two young sons Austin and Joseph. The family was strongly involved with the initial proposal for the park and later its design, according to former Huntington
Supervisor Frank Petrone (D) when the project was first announced in September 2017.

“This is absolutely fantastic — one of the best dedications I’ve ever seen,” Terry Monahan, NYPD’s chief of department, said. “To have this in his hometown really means something.”

“This is absolutely fantastic — one of the best dedications I’ve ever seen.”

– Terry Monahan

The park is 4,900 square feet in area with 2,500 square feet of active play features, according to town Civil Engineer Ed Parrish, the project manager for the spray park. Parrish added that the spray pad water runoff will be collected and reused for field irrigation at Elwood Park.

Right up until a week before the park opened last minute touches were being added, including the gate’s memorial trellis, which was installed July 5. Town spokesperson Lauren Lembo said that the project was
finished on schedule, but a new sanitary system for the park is expected to be finished by spring 2019.

Ridge-based Laser Industries Inc. and its subcontractors were paid approximately $610,000 to build the spray park, which included installing the new waterlines, spray features, concrete and safety features as well as the custom park benches and memorial trellis. Town of Huntington employees were paid $50,000 to install a new 4-inch water line into the park as well as the sprinkler system, sidewalk and fencing.

Parrish said that trained staff are being provided with first aid equipment and umbrellas to monitor the kids at play.

Only children age 13 or younger are allowed to use the spray park. Parents or guardians must show a Resident Recreation Photo ID or that day’s picnic permit to gain access to the park. Official hours will be 11 a.m. to 8 p.m., but with this year’s planned playground camp being held at Elwood Park, it will be open to the public from Monday through Friday, 12:30 to 8 p.m. now through Aug. 10.

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Billii Roberti, a member on the Town of Huntington’s Advisory Committee on Energy Efficiency, Renewables and Sustainability, attends the meeting on solar prospects for churches and nonprofits. Photo by Kyle Barr

By Kyle Barr

A Huntington Station church recognizes that the Bible says God made light and it is good, now if only they could afford to reap the sun’s benefits.

Bethany Presbyterian Church is one of many houses of worship with an interest in harvesting solar energy, but many are finding the upfront costs are too high.

In 2017, the church financed an audit of its electric system and insulation in an effort to increase its energy  efficiency, Pastor James Rea Jr. said. While this helped reduced the congregation’s electrical bill by 20 percent, according to Rea, the  congregation is interested in taking it a step further.

“We would do solar, but we just can’t afford it right now.”

– Christopher Sellers

“We would do solar, but we just can’t afford it right now,” Christopher Sellers, an elder at Bethany Presbyterian, said, noting the church is still paying for the energy audit.

While renewable energy proponents point to community solar initiatives, where the output from a solar farm is shared among multiple buildings, there is still a large upfront cost and requires a significant amount of space to build the solar farm according to Ryan Madden, a sustainability organizer for Long Island Progressive Coalition.

“We need solutions like community solar,” Madden said. “Our version of community solar takes the form of bringing in multiple organizations at the same time to bring down cost and creating locally driven solar campaigns.”

LIPC partnered with Massachusetts-based company Resonant Energy, which works with nonprofits to provide low-cost solar, to create the PowerUP Solar initiative. The initiative seeks to bring together nonprofits and churches for the intent of purchasing solar systems in bulk to help decrease the cost. PowerUP member organizations held a meeting with other interested groups June 13 at the Huntington Station church to advertise their plans.

Madden said nonprofits have a difficult time when it comes to getting a solar hookup simply because of the issue of affordability.

“We’ve seen widespread adoption in single-family homes, but not so much in small commercial spaces.”

– Isaac Baker

“They are not usually looked at by solar developers because its more expensive, or there are multiple decision makers in those organizations that can stall a project,” he said.

Other than cost, Isaac Baker, the co-president of Resonant Energy, said the nonprofits also have to contend with a lack of incentives to get into solar, specifically that nonprofits are not eligible for the federal
solar tax credits that homeowners or for-profits can get. There are no current programs that financially help New York organizations transition from traditional electric to solar.

“We’ve seen widespread adoption in single-family homes, but not so much in small commercial spaces,” Baker said. “[A large amount] of rooftop is available in any state on small commercial buildings that are owned by nonprofits.”

Some religious organizations on Long  Island have already invested heavily in solar technology. The Sisters of St. Joseph in Brentwood made a big splash earlier this year when they unveiled their community solar system on their main campus. The 3,192 solar photovoltaic panels on their roof power 63 percent of the convent’s residential and office space on the 212-acre property.

Karen Burke, the coordinator of land initiatives for the Sisters of St. Joseph, said that her sisterhood was looking to make the switch at other facilities.

“The town is really into getting into as much solar as possible, so this is a great untapped resource.”

– Billii Roberti

Baker said that if the PowerUP can bring together 10 different organizations, bulk pricing could bring the cost of solar panels down to $114,000 per building with 56 kilowatts of output. The initiative’s members were promised to save approximately $2,200 per year and a net savings of $212,000 in 25 years, according to Baker.

The time line for the PowerUP initiative would have the nonprofits and churches getting technical assessments by the end of July, having installation done in September and the systems up and running by October.

Billii Roberti, a member on the Town of Huntington’s Advisory Committee on Energy Efficiency, Renewables and Sustainability, said that Huntington should try to look to nonprofits to proliferate sustainable energy.

“[This initiative is] bringing in people who are otherwise unable to take advantage of solar, people who are disenfranchised in a sense,” Roberti said. “The town is really into getting into as much solar as possible, so this is a great untapped resource.”

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Gavin Buda hurls a pitch during the Blue Chip Prospects Grand Slam Challenge all-star baseball game. File photo by Bill Landon

Gavin Buda’s first word was “ball.”

“True story,” the Harborfields dual-sport standout athlete said. “I’ve been playing sports as far back as I can remember.”

Harborfields wide receiver Gavin Buda waits for the ball to drop along the sideline during the Empire Challenge football game. File photo by Bill Landon

Baseball was his first love, he said, signing up for every team he could play on. He played for the varsity team from freshman through senior year of high school, also competing on high-level travel teams and tournaments in other states.

“It just seemed my path was set to play baseball in college,” he said.

But during his sophomore year, he decided to try out for the junior varsity football team with some of his friends. The team went undefeated, and the wide receiver was hooked.

“There was a feeling I got playing football that I never felt playing baseball,” he said. “This bond that is created between teammates that only happens in football. The knowing that you have each other’s backs — that feeling made me think if I work hard enough, this is the sport I’d like to play beyond high school.”

He never gave up on either sport, spending three days training for football and the other three for baseball. He said winters were intense, spending time indoors at batting cages while also gearing up for the fall football season, working with trainers like Jay Fulco, Mike Bouranis, Mike Feldman, James Brady and Jay Fiedler.

Buda this month became the first Suffolk County athlete to play in both the Rawlings Blue Chip Prospects Grand Slam Challenge and Empire Challenge football game, with Wantagh’s Ryan Sliwak achieved the feat in 2011. Buda said he had no idea the history he’d made at the time he was selected.

Gavin Buda makes a catch between two Rocky Point football players during Harborfields’ homecoming spoiling win. File photo by Bill Landon

“From a young age you could tell the kid was super athletic — he stood out among his peers, and from there, he put in a ton of hard work to really hone that and continue to stay ahead of the pack,” said Harborfields baseball coach Casey Sturm, who coached Buda since he was in seventh grade. “He was a special player, and what really stood out at the end of his tenure wasn’t even so much what he did at the plate but his defense in the outfield and ability to pitch were huge.”

In Suffolk County’s 5-4 loss to Nassau June 8 at St. Joseph’s College, Buda tossed a baseball for what might be the last time. The pitcher and outfielder took over on the mound in the bottom of the fifth and retired the side in order.

“To end my high school baseball career being selected to play alongside players that were drafted to the MLB or heading off to colleges like Vanderbilt to play baseball is just awesome,” Buda said, although he joked if he let up a homerun he might not have been as happy. “To get on the mound and face those guys one last time was a great way to go out, and luckily, I did pretty good.”

A week later, he’d put down his glove and bat to strap on some football equipment.

In the Empire Challenge game, he made a 30-yard reception during a play he wasn’t even slated to be a part of. Knowing Northport quarterback Ryan Walsh, he said during the call in the huddle he told Walsh he could beat out the kid that was guarding him deep. Walsh trusted him, and Buda delivered. A step ahead of the defender, he said there was no way he was letting the ball drop.

Gavin Buda rips the ball deep into the outfield during the Blue Chip Prospects Grand Slam Challenge. File photo by Bill Landon

His two-year head coach Rocco Colucci said for him personally the moment was fitting. Being a teacher at Northport he’d coached Walsh on the junior varsity level.

“This is why I coach football,” he said. “To see these guys grow and excel.”

He said too it was a privilege to watch Buda excel the way he did.

“Right off the bat I knew he was going to be a playmaker,” Colucci said. “His hard work showed. He was always looking to get better. He was very coachable — anything I told him to do, he’d do it. And because of that, [when other teams] put their best defensive players on him,  he’d still make the catch. He likes that type of best-on-best competitiveness in football, and there’s a lot of areas in football where he excels.”

Buda will be taking his talents to Hobart and William Smith Colleges to join the football team, but said he’ll never forget where he came from.

“Harborfields is a great school, but for some reason we are always under the radar in athletics — it’s a smaller school so I guess that’s why,” he said, adding that while other top athletes chose St. Anthony’s or Chaminade, he never questioned becoming a Tornado. “There were some great players that came through Harborfields before me, and there’ll be more after me. I just hope that I did my part to help put Harborfields sports on the map. The experience these last two weeks of playing in both all-star games is something I will carry with me forever.”

This version was updated June 20 at 12:43 a.m. to indicate that Gavin Buda is the first Suffolk County athlete to be chosen for both all-star games, not Long Island. 

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Long Island's football team celebrates winning the 23rd annual Empire Challenge football game. Photo by Bill Landon
Long Island captains Tommy Heuer of Oceanside, Dylan Laube of Westhampton and Tyler Ammirato of Miller Place prepare for the coin toss. Photo by Bill Landon
Miller Place free safety Tyler Ammirato gets in on a stop. Photo by Bill Landon
Westhampton's Dylan Laube rushed his way to three touchdowns. Photo by Bill Landon
Ward Melville linebacker Zach Hobbes gets in on a stop. Photo by Bill Landon
Harborfields wide receiver Gavin Buda waits for the ball to drop along the sideline. Photo by Bill Landon
Miller Place defensive end Matthew McNulty holds back a New York City player. Photo by Bill Landon
Northport quarterback Ryan Walsh throws a deep pass. Photo by Bill Landon
Miller Place free safety Tyler Ammirato attempts to take down a running back twice his size. Photo by Bill Landon
Ward Melville linebacker Zach Hobbes races after a New York City running back with the ball. Photo by Bill Landon
Miller Place defensive end Matthew McNulty blocks a New York City opponent. Photo by Bill Landon
Northport quarterback Ryan Walsh throws a pass on the run. Photo by Bill Landon
Ward Melville running back Nicholas Messina bulls his way through a crowd. Photo by Bill Landon
Long Island's football team huddles up after winning the 23rd annual Empire Challenge football game. Photo by Bill Landon
Shoreham-Wading River kicker Tyler McAuley is hoisted up by Long Island teammates following the win. Photo by Bill Landon

By Bill Landon

After a New York City 30-yard Hail Mary touchdown pass, the team went for a two-point conversion to outright win its third straight Empire Challenge football game under Hofstra University’s Friday night lights, but Long Island’s James Lyons, of Sayville, batted away the two-point conversion pass in a 28-27 thriller.

Up to that point Westhampton running back Dylan Laube has been the center of all things Long Island offense June 15, powering his way to three touchdowns — accumulating 151 all-purpose yards. He was voted most outstanding player of the game.

He opened Long Island’s scoring running off left tackle on the opening play of the second quarter and punching into the end zone to help tie the game 7-all.

Miller Place’s Tyler Ammirato, Long Island’s defensive captain, called signals on the field in an attempt to contain an explosive NYC offensive attack. His plan ended up in a Long Island defensive stop to take over on downs, and Laube was back to work on offense. Farmingdale’s Bryan DeFelice made the extra-point kick following Laube’s second touchdown to put Long Island out front 14-7 with three minutes left in the third.

“It’s an awesome experience — you read the paper every week and you see all these guy’s names and to finally meet them and get to play with them,” Ammirato said. “I thought, ‘Our defensive stand right here will be the turning point of this game — we’ve got to get a stop right here,’ but our offense is [also very] talented, they’ll punch it in.”

After NYC retied the game, Harborfields wide receiver Gavin Buda ran a sideline route and grabbed a 39-yard pass from Northport quarterback Ryan Walsh to put Long Island in excellent field position.

Buda, the only athlete in history to be chosen for both the Empire Challenge and the Blue Chip Prospects Grand Slam Challenge baseball game earlier this month, said it was a fitting way to conclude his high school career.

“It’s sad, but this is one of the greatest games I’ve ever played in my life,” Buda said. “To meet all of these great superstars that I’ve played against and I’ve seen on the field, and to be friends with them now and to be their teammates, is just amazing experience that I’m going to remember for the rest of my life.”

Laube finished what Buda started for a 21-14 advantage to end the scoring for the third. A rare NYC miscue helped Westhampton’s Nola Quinlan pick off a pass and nearly return it for a touchdown before being forced out of bounds with 32 seconds left in the quarter. NYC’s defense was able to make a stop that forced Long Island to try for a 36-yard field goal attempt, which was blocked.

With just over eight minutes left NYC made it a new game 21-all, but Long Island let time tick off the clock on a long drive to three consecutive first downs before Oceanside wide receiver Derek Cruz’s old-school flea-flicker jump ball. Cruz faked continuing his run and tossed the ball back to quarterback Tommy Heuer, who waited for Massapequa wide receiver Owen Glascoe to break free.

Heuer hit Glascoe in the end zone for a 34-yard touchdown pass and DeFelice added his fourth extra-point kick for a 28-21 lead with 41 seconds left, which ended up being the game-winning point.

Ward Melville linebacker Zach Hobbes, who was instrumental in the Patriots’ rout of West Geneseein the state lacrosse championship the weekend prior, was euphoric taking part in his final football game.

“I can’t think of a better way to end my senior year,” Hobbes said. “Winning a state championship and then to play in front of 9,000 people for the last game of my varsity football career, and to get a win like that, it’s an unbelievable experience.”

With time running out NYC went hurry-up offense and hit three consecutive pass plays down the sideline, getting out of bounds each time to stop the clock and save what precious seconds remained. With five seconds left,  NYC quarterback Mike Nicosia threw the Hail Mary to the left corner of the end zone, where he found Titus Leo, who made the catch as time expired.

“That was a crazy experience — that’s just how I expected the game to go,” Buda said. “I knew both teams would put up a fight and right when we scored that last touchdown I knew you could not count them out. We had to make a defensive stop, but they drove down; they’re a great team. Our defense came up with a humongous stop and that sealed the deal.”

Shoreham-Wading River’s Tyler McAuley was unable to play in the 23rd annual Empire Challenge football game. Ward Melville outside linebacker Thomas Kutchma and running back Nicholas Messina; Miller Place defensive end Matthew McNulty; and Northport quarterback Ryan Walsh were other area athletes that took part in the senior all-star game.

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Photo from Flickr/David Rodriguez Martin

Huntington town officials’ proposal to create a permit to allow drones to fly over town parks and beaches has hit turbulence with hobbyists and commercial pilots.

Huntington town board held a public hearing June 5 to consider creating a permit process that would allow the recreational and commercial use of unmanned aircraft systems, such as model aircrafts or drones, on town-owned parks and beaches for the first time since 2015.

“We are seeing it happen anyway,” said Councilman Mark Cuthbertson (D). “We want to be able to regulate and have a say about it.”

In October 2015, the town adopted a law sponsored by Cuthbertson that made it illegal to pilot an unmanned aircraft on private property or town property without the owner or the town’s consent. It defined an unmanned aircraft as “a non-human carrying aircraft weighing no more than 55 pounds, capable of sustained flight in the atmosphere intended exclusively for sport, recreation, education and/or competition and is typically guided by remote control or onboard computers.”

“Drones have been a fantastic tool for getting students involved in STEM and aviation.”
– Scott Harrigan

While the original law said the pilot of the craft would have to receive consent from town board to fly at town-owned property, parks and beaches, it did not lay out a process.

Under the proposed changes, if approved, a model airplane or drone pilot will have to file an application with the town attorney’s office for a permit to take off and fly their aircraft over town-owned property at least five days in advance. The pilot will be required to provide: a specific date and time the aircraft will be flown; a full description of any photo, video or audio recording capabilities; the location over which the activity will take place; and a statement confirming whether it is for commercial or recreational activity.

Several drone hobbyists and commercial operators stepped forward June 5 to offer feedback on the town’s proposal.

“I care very deeply about keeping Long Island a place where people can freely fly drones for business and pleasure. Drones have been a fantastic tool for getting students involved in STEM and aviation,” said Scott Harrigan, CEO of the Oyster Bay-based Harken Aerial that offers commercial drone photography. “A lot of people call it a gateway drug to aviation.”

Harrigan commended town officials for considering a permit process but had concerns regarding how the detailed information required could restrict drone use.

“The biggest logistical issue you run into is weather, requiring X amount of days for notice of operation is difficult,” Harrigan said. “What I’d like to see addressed is some relief for weather or rescheduling.”

Ed Anderson, a recreational model airplane pilot from Syosset, agreed that requiring five days notice before flying would eliminate possible recreational use by hobbyists.

“The biggest logistical issue you run into is weather, requiring X amount of days for notice of operation is difficult.”
– Harrigan

Both Harrigan and Anderson suggested the town look closer at modeling its laws after the Town of Oyster Bay’s regulations, which offer a seasonal and nonseasonal permit rather than for one-time use.

Harrigan also took issue with the town’s stipulation that any camera, video or audio recording by a drone couldn’t take place where there is a “reasonable expectation of privacy.”

“That’s a vague and meaningless term,” he argued. “I can walk out onto a beach with a camera and there’s no right to restrict. Now, I have a $40 drone that I picked up from Toys ‘R’ Us with a camera on it at 15 feet over head, and I have violated a law.”

Cuthbertson, who is a practicing attorney with experience in municipal and land use law, said the phrase “reasonable expectation of privacy” is commonly accepted legal term that has well-defined limitations.

The proposed changes will not affect the current punishment for those who violate town code consisting of a fine exceeding $1,000 or imprisonment for up to 15 days. Massapequa Park resident Kenneth Kramer, a model airplane enthusiast and licensed commercial drone pilot who often flies in Huntington area, asked the town to reconsider amending this.

“The Town of Oyster Bay is having a problem with people knowing about the permit process,” Kramer said. “If you are going to be charging people, that it is going to be a hardship on the average family.”

Supervisor Chad Lupinacci (R) assured that the town was soliciting feedback and would consider some of the suggestions made prior to changing the code.

“It’s a good start, and we would love to make it better,” he said.

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An aerial map overview of Huntington Station revitalization projects shows the state-owned NY Avenue property highlighted in yellow. Image from Source the Station

By Sara-Megan Walsh

Huntington Town officials are looking to state representatives in Albany to push for the transfer of ownership of a state property on New York Avenue to the town by June 20.

Councilwoman Joan Cergol (D) introduced a late resolution at the June 5 town board meeting to send a home rule message urging New York state legislators to approve the transferring of ownership of about 4 acres of land in Huntington Station to the town in order for revitalization efforts to move forward.

“The Town of Huntington, in partnership with Renaissance Downtowns at Huntington Station LLC and the entire Huntington Station community, is engaged in a multi-year community planning and revitalization process to help realize the community’s aspiration for a more walkable, vibrant and transit-friendly environment,” Cergol’s resolution reads.

“As you may know, from day one when I started with the town I was assigned to Huntington Station and I’ve been chipping away at it ever since.”
– Joan Cergol

The land sought is a narrow strip of property adjacent to the western side of New York Avenue/Route 110, bordered to the north by Church Street running along the roadway south to the Long Island Rail Road right of way. It is currently owned by New York State Department of Transportation.

Ryan Porter, president and co-CEO of Renaissance Downtowns, said obtaining ownership of the land is critical for moving forward in the planning and construction of the artist lofts and hotel envisioned as part of the Huntington Station revitalization master plans. In February 2014, the town board approved a special use permit for the hotel along New York Avenue under a C-6 overlay zoning. Since then, the plans have not advanced any further.

Town board members approved the home rule message by a 3-2 vote urging the passage of the land transfer bills that have been sponsored by state Sen. Carl Marcellino (R-Syosset) and state Assemblyman Steve Stern (R-Dix Hills) before the end of state legislature’s session.

“As you may know, from day one when I started with the town I was assigned to Huntington Station and I’ve been chipping away at it ever since,” Cergol said, noting she also recently sponsored a resolution that allowed the area to be federally designated an Opportunity Zone which provides tax incentives to business owners. “To be in the position I am now to advance progress is very rewarding and to see things happening makes me feel like a rock star.”

Councilmen Gene Cook (R) and Ed Smythe (R) voted against seeking a transfer of the New York Avenue property. Cook said he was originally in favor of the resolution but admitted to having issues with some of the actions taken by Renaissance Downtowns in recent months, including requesting permission to construct two-bedroom apartments in the Gateway Plaza after initial plans were already approved and seeking approval of $2.6 million in tax breaks from Suffolk County Industrial Development Agency on the project.

“It was a good way to set [Renaissance Downtowns] up and say we’re all playing good or you aren’t playing.”
– Gene Cook

“I wasn’t happy with what happened with Renaissance the past couple of weeks, the nonsense, the changes, going for IDA money,” the councilman said. “It was a good way to set them up and say we’re all playing good or you aren’t playing.”

Porter said he hasn’t had the opportunity to speak personally with Cook since the developer’s request to add two-bedroom units to Gateway Plaza was withdrawn in mid-May.

“We made an adjustment to alleviate the concerns of the community,” Porter said. “But the truth of the matter is that there was a good portion of the population that was disappointed we removed the two-bedrooms units.”

Renaissance Downtowns is hopeful it will receive the necessary permits to begin demolition of the existing buildings located at 1000 to 1026 New York Avenue this summer to make way for construction of Gateway Plaza, according to Porter. The proposed plans for the plaza call for the construction of a mixed-used building consisting of 16,000-square-feet of retail space and a total of 66 apartments. The existing Brother’s Barber Shop will remain in place.

The master developer said there is a June 14 meeting scheduled to hammer out more details and set a more definitive schedule for demolition and construction.

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File photo by Rohma Abbas

Huntington Town officials will seek to borrow $7.3 million to tackle a wide variety of projects in the upcoming year.

The board approved bonding out $4.95 million for town projects and $2.55 million for water district improvements at its June 5 meeting. Councilman Gene Cook (R) voted against taking on debt, as he traditionally does each year, arguing the necessary funding should have been incorporated into the town’s 2018 budget.

“We have to be cautious with our money,” Cook said.

“We need to look for alternative sources of revenue in order to make the town move forward.”

– Chad Lupinacci

Supervisor Chad Lupinacci (R) said seeking bonds for large capital projects and improvements is better for the town’s long-term growth than tapping into its capital reserves.

“There’s certain things you can budget for, but at times there are larger capital projects that will take a longer time and need more money,” Lupinacci said, citing the restricting of the state’s 2 percent property tax levy increase cap. “We need to look for alternative sources of revenue in order to make the town move forward.”

One project that garnered the entire board’s support – including Cook – was bonding for $2.4 million to make roadway improvements throughout the town. These funds will supplement the more than $4.2 million set aside in the town’s 2018 budget for the Highway Department’s contractual services, materials and supplies.

“It has to do with paving the roads and we get a lot of complaints about potholes,” the supervisor said.

The approved funding also includes $1 million for the Greenlawn Water District to purchase and replace old water meters, in addition to $1.55 million for the Dix Hills Water District to make infrastructure improvements at a plant and replace water meters.

The $7.2 million approved for improvements is substantially less than the town had borrowed the last two years. Huntington took on $13.34 million in 2017 and $13.95 million in 2016, under the prior administration.


Projects approved in the $7.3M Bond:
-$75,000 to resurface parking lots
-$100,000 for fencing
-$130,000 for tank and sump improvements
-$175,000 for roof replacement at ice rink
-$175,000 for town building improvements
-$390,000 for drainage equipment
-$750,000 for drainage improvements
-$2.4 million for road improvements
-$560,000 for Huntington Sewer District
– $1 million for Greenlawn Water District
– $1.55 million for Dix Hills Water District

The funding sought by the town could drastically increase if Lupinacci reintroduces a resolution permitting the town to take out $13.5 million in bonds for construction of the James D. Conte Community Center off East 5th Avenue in Huntington Station. The supervisor pulled the measure June 5 before a vote, saying the overall cost of the project had increased and town council members asked for additional time to review the proposed changes.

“I would rather everyone have their questions addressed before it is voted on,” he said.

When plans for the community center were unveiled in November 2017, town officials had estimated renovating the 2,500-square-foot former New York State Armory would come in at approximately $10 million. The town’s 2018 budget already set aside $3.75 million for the project, in addition to a $1.5 million state grant.

Lupinacci said he plans to address funds for the James. D. Conte center at the June 19 town board meeting.

Two resolutions seeking funds for purchase of vehicles and equipment were defeated by a 3-2 vote, with Councilman Mark Cuthbertson (D) and Cook against. This included a new trackless vehicle at an estimated cost of $130,000, which Lupinacci said he believed would have been used for maintenance of town-owned parks and fields.

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Northport power plant. File photo

Huntington town elected officials refused to entertain a request to hire additional legal help in its lawsuit against Long Island PowerAuthority, despite calls from Northport residents for help.

Huntington Councilman Gene Cook (R) offered a resolution at the June 5 town board meeting to hire Manhattan-based law firm Boies Schiller & Flexner LLP as additional legal counsel in the town’s pending tax certiorari case with LIPA and National Grid over the Northport Power Station as the case heads to trial in July.

“I believe this is a very needed law firm to hire at this point,” Cook said. “For the money that this law firm would [cost], it’s a whole lot less than the hundreds of millions we stand to lose.”

“For the money that this law firm would [cost], it’s a whole lot less than the hundreds of millions we stand to lose.”
– Gene Cook

A request to hear and vote on a measure was shot down by a 3-2 vote, by Supervisor Chad Lupinacci (R), Councilman Mark Cuthbertson (D) and Councilwoman Joan Cergol (D).

“There are hundreds of thousands — millions of dollars at stake now in this case,” Lupinacci said. “Huntington has been fighting hard on behalf of the taxpayers. We will continue to use all legal options at our [disposal] to make sure LIPA and National Grid honor their contractual promises.”

LIPA filed a tax certiorari lawsuit against the town assessor’s office in 2010 seeking a 90 percent reduction in the tax assessed valuation of its Northport Power Station, and seeking repayment of all taxes it claims to have overpaid since 2010 — currently amounting to more than $550 million and growing.

Cook said the Manhattan-based law firm is one of the top litigation firms in the nation, although admittedly not specialized in cases related to power plants.

“We are losing a huge opportunity and it will hurt everyone out there by not doing this,” he said.

Several prominent Northport residents had pleaded with the town officials to support Cook’s resolution Tuesday afternoon including Northport school board trustee David Stein, who spoke as a private resident in support of the measure.

“The army of attorneys, lobbyists and PR titans that we are against now requires an outsized army of our own.”
– David Stein

“LIPA and National Grid have brought in a veritable army of lawyers, lobbyists and [public relations] attack dogs,” Stein said, painting an image of a David-versus-Goliath fight. “The army of attorneys, lobbyists and PR titans that we are against now requires an outsized army of our own. And so, I urge you to engage the services of the biggest, best, brightest and most well-known in all of these areas now.”

Under Cook’s proposed contract, attorneys from Boies Schiller & Flexner would have been paid an hourly rate of not more than $1,650 an hour to assist the town’s current legal representatives from Lewis & Greer P.C. in determining a strategy and arguments for the upcoming trial. These accumulated attorney fees could not be bonded under state law, according to the town supervisor, but would have required dipping into the town’s capital reserves.

“If spending $1,650 were a silver bullet that would achieve something here, I would do it,” Cuthbertson said. “The law firm Cook would like to hire has absolutely no experience in tax certiorari cases that involve power plants.”

Lupinacci said he was willing to consider looking into other prominent litigation law firms which might be able to serve the town at a lower cost.

“Sometimes when [law firms] look at a municipality, they believe they are looking at deep pockets,” the supervisor said. “We have to do some outside the box thinking and leave no stone unturned.”

“If spending $1,650 were a silver bullet that would achieve something here, I would do it.”
– Mark Cuthbertson

Northport Village Deputy Mayor Thomas Kehoe and Northport resident Tammy Topel both urged the Huntington town officials to take more aggressive action in light of additional information that has become public — spoken widely about by Cook — calling the Northport Power Station a hub through which natural gas lines and fiber optic networks for internet pass through.

“I believe these are misguided attempts to incorporate other aspects into the valuation process that just aren’t there,” Cuthbertson said. “It’s a red herring and unfair to the public.”

Cook vehemently disagreed with his fellow councilman in open debate.

The town is moving forward by pursuing help from its state elected officials, according to the supervisor, including scheduling a meeting with New York Gov. Andrew Cuomo (D) to garner his support for a resolution to the case. Lupinacci said the town still remains open to negotiations.

“We are always speaking with the other side to see if there is some kind of resolution, but we are probably not going to achieve a resolution that is going to be beneficial to the taxpayers of Huntington and to our students,” Lupinacci said. “We are prepared to take this case to trial.”

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