Tags Posts tagged with "Eugene Cook"

Eugene Cook

Photos by Julianne Mosher

Residents in the Town of Huntington will have three options for their new supervisor Nov. 2. 

Two councilmen and a newcomer are on the ballots, each bringing their own expertise to the table. 

With current town Supervisor Chad Lupinacci (R) not seeking reelection, Huntington will have a new supervisor in January. Two town council seats are also up for grabs in next month’s election.

Ed Smyth (R), of Lloyd Harbor, has served as town councilman for four years and is now seeking the top position, while councilman Eugene Cook, of Greenlawn, is running as a third-party Independent candidate. Cook is a former Republican who unsuccessfully sought the GOP nomination for supervisor. 

Democratic candidate Rebecca Sanin, president and CEO of nonprofit Health & Welfare Council of Long Island, is seeking supervisor and said her years as a public servant can bring a new perspective to Huntington. 

Eugene Cook

Eugene Cook. Photo by Julianne Mosher

Cook has been a councilman in the town for the last 10 years and is running for supervisor on a Stop LIPA Party line. 

A businessowner of more than 40 years, Cook said he is “strictly business and it’s all about money.”

“We have to run each town and municipality as a business,” he said. “And that hasn’t happened.”

Cook said he has been “very disappointed to see the last four years” because things “haven’t gotten done” during Lupinacci’s term. 

“There is no transparency, and there’s some real problems with that,” he said. 

Cook’s idea for the future of Huntington is working it as a business.

“We have all these great ideas that people want to do, but it costs a lot of money to do that,” he said. “You have to manage the money to get it done.”

Before the COVID-19 pandemic, Cook closed his construction business and retired. 

“I’ve never been happier,” he said, “And I’ve never been busier.”

As councilman, Cook has “fought tirelessly to hold the line on taxes and spending while maintaining balanced budgets.”

He said that if he takes on the role of supervisor, he will “continue to champion the cause of a better Huntington for the future, while respecting Huntington families, residents, business owners and taxpayers.”

Rebecca Sanin

Sanin, who resides in Huntington Station, said that over the last four years, she has been working on small business and nonprofit sustainability. With her nonprofit experience, she has helped with issues including health equity and hunger relief for Long Island. 

Rebecca Sanin. Photo by Julianne Mosher

“What I’ve seen during COVID-19 is how important it is to have government pull the levers to really improve the quality of people’s lives,” she said. 

Prior to joining Health & Welfare, Sanin was an assistant deputy county executive in Suffolk County, where she led the performance management team. The mother of two daughters chose to raise them here because she loves the community. 

“I love this town,” she said. “I don’t believe that it has been properly managed for the last few years and I’m particularly concerned about the lack of a strong COVID recovery plan in our town and what’s happening with our small businesses.”

Sanin said that she is different than her two opponents because she is currently not an elected official and does not work in the town. 

“I have a fresh set of eyes that I’m bringing to town government and also a very different perspective on how things need to run when it comes to the budget,” she said. 

Ed Smyth

Smyth’s parents moved to Huntington in 1971 and he stayed to raise his four children there, too. Elected to the Huntington Town Board in 2017, he voted to enact term limits and to make the resolution process more transparent to the community. 

He has voted to preserve open space and slow down overdevelopment in downtowns, but his biggest concern was to settle the LIPA lawsuit. 

Now on the ticket for supervisor, Smyth said he is running on an infrastructure platform — focusing on sewers, drainage and roadways. 

“I look at the town as a whole, having been living here my entire life, and I see areas of town that have been neglected that I want to address, particularly Huntington Station,” he said. 

Ed Smyth. Photo by Julianne Mosher

He said that it is “vitally important” to get a sewer line put in from Huntington railroad station south to Walt Whitman Mall, which currently does not have a sewer line. 

“That’s the driving reason why there hasn’t been any capital investment in the Huntington Station area,” he said. “There is federal money available to do that.”

Smyth is a practicing lawyer in Huntington village for the last 24 years. 

He is also a veteran — a former Marine staff sergeant — which he said gives him a different style of management compared to Lupinacci. 

“He has taken a very hands-off approach,” Smyth said. “That’s not my style. I will be very involved with every department and be hands-on.”

At its Nov. 19 meeting, the Huntington Town Board moved to take legal action against opioid manufacturers, distributors and sellers to recover the Town’s costs of fighting the opioid epidemic, and conducted other town business.

The Town Board approved the retention of Tate Grossman Kelly & Iaccarino, LLP (TGKI Law) to represent the legal interests of the town  and its special districts. The firm has decades of collective experience with complex mass tort and multidistrict litigation representing dozens of municipalities seeking reimbursement for monies spent addressing the opioid crisis. It will commence an action against the manufacturers, distributors and sellers of opioids, and all other responsible parties, to recover all damages and costs incurred and to be incurred by the Town and its special districts in connection with the opioid crisis.

Supervisor Chad Lupinacci (R) and Councilman Eugene Cook (I) co-sponsored the resolution hiring the self-described opioid crisis recovery law firm.

“Given the specialized nature of this litigation, hiring TGKI Law will benefit the Town and our residents, not only from their expertise in this area, having represented other municipalities fighting the opioid crisis, including those on Long Island,” said Lupinacci, “but in sharing the costs for their expert consultants with those other municipalities, reducing the litigation costs for our residents, to ensure those who helped create this public health and safety crisis are made responsible for the costs of fighting it.”

The Town’s case will be part of all federal cases nationwide. 

“It is extremely important that the Town of Huntington retain Tate Grossman Kelly & Iaccarino, LLP to handle this complex litigation to recover the financial costs of the opioid crisis, to the Huntington community against the manufacturers, distributors, and sellers of these opioid medications. Unfortunately, this lawsuit will not recover the harm and heartbreak this crisis has brought to the victims and their families who suffer or lost their life to opioids,” stated Cook. “This is a necessary first step to hold the pharmaceutical companies responsible for the monies spent on health care, substance abuse programs, public education, Narcan training and supplies and the criminal justice costs associated with the misuse of these prescription drugs.” 

 

Northport power plant. File photo

At the Long Island Power Authority’s July 24 board meeting, Larry Kelly, a trial attorney, described at a public comment session how LIPA in 2006 and 2007 instituted what he called “the largest tax fraud” he’s seen in his 35 years as a lawyer, according to Huntington Town councilman, Eugene Cook (R).

Cook has independently asked New York State’s Public Service Commission Chairman John Rhodes in a letter dated Aug. 6 to review and “forcibly address” the issues. 

According to Cook, Kelly alleged that LIPA used the tax system to extend tax exemptions and reductions to Caithness power plant, which was awarded a contract to build a new 350-megawatt power plant in Yaphank, and then used those low taxes to argue in court that National Grid’s four aging power plants on Long Island were overassessed.

“I also request the PSC review LIPA’s ‘unclean hands’ in the Northport filings, and the impact that should have on LIPA’s continued operations,” Cook’s four-page letter concluded. The letter was sent on a town letterhead, but was not signed by other town board members, the supervisor or the town attorney.  

Councilman Eugene Cook

The term “unclean hands” is a legal defense which essentially references a legal doctrine that states a plaintiff is unable to pursue tax equity through the courts if the plaintiff has acted unethically in relation to the subject of its complaint. 

The allegations are surfacing just weeks after closing arguments were presented July 30 in LIPA’s tax certiorari case with the Town of Huntington for the year 2014. It is unclear how the allegation could potentially impact the outcome of the case as post-trial deliberations continue. The unclean hands defense was not part of the town’s defense, according to the Town Attorney Nick Ciappetta, who offered no public comment on the allegations.  

Kelly, a Bayport resident who ran for a New York State Supreme Court judgeship in the 2018 election, is unaffiliated with Huntington’s case, but said his obligation as a trial lawyer is to act as a steward of the law. 

LIPA did not respond to email requests for comment on the public allegations. 

A LIPA press release dated Jan. 25, 2006, stated that the Caithness plant in Yaphank would include a $139 million payment in lieu of taxes agreement with $100 million over 20 years going to Bellport’s South Country school district. 

LIPA’s 2019 Property Tax Reduction pamphlet, which is publicly available and published on its website, highlights the value of Caithness plant in contrast to the Port Jefferson, Northport and three other plants. On page 14 of the report, LIPA stated that in 2016 Caithness paid $9.7 million annually in taxes, while the Northport plant paid “eight times” as much in taxes, or $81 million, and Port Jefferson paid “three times” as much in taxes, or $33 million.  

The report also stated on page 14 that LIPA reimburses National Grid under its contract more than it earns in power revenue, a sum that factors in property taxes. 

“Those losses, the amount by which costs exceed the value of power, are paid by all 1.1 million electric customers,” the report said. It indicated that LIPA’s goal for filing tax challenges in 2010 against Nassau County, the Town of Huntington, the Town of Brookhaven and the Village of Port Jefferson “in an attempt to obtain a fair tax assessment on the four legacy plants.” 

In a telephone interview, Kelly referred to a Feb. 15, 2012 meeting with the Town of Brookhaven Industrial Development Agency, which recorded a Caithness representative explaining that “LIPA pays the PILOT to Caithness who then makes the PILOT payment to the IDA, and then they get a check back from New York State which is then returned to LIPA.” 

The minutes further stated, “This is the only power plant on Long Island that the ratepayers are not paying any real property taxes net out of pocket for the first 10 years, resulting in a saving of $80 million.” 

Kelly and Cook, in presenting the allegations publicly and to the commission, claimed that Bellport’s school district, South Country, which Cook said in his letter is comprised of 40 percent minority populations, were shortchanged tax revenue that could have funded school programs. Representatives from the South Country school district did not respond to email and telephone inquiries about their tax revenue from Caithness. 

The Public Service Commission has said that it has received and is reviewing the letter from Cook. It offered no other response to questions related to its potential response.

Northport power plant. File photo

Town of Huntington officials made the decision Tuesday to take Long Island Power Authority’s proclaimed value of the Northport Power Station at $193 million as an invitation to investigate purchasing the facility.

Huntington town board approved a resolution offered by Councilman Gene Cook (I) to authorize the town attorney’s office to formally research into its legal options in utilizing eminent domain to take ownership of the Northport plant by a 4-1 vote.

“It’s for the people, to look out for the future of the Town of Huntington,” he said. “I have done a lot of research and I believe it’s the right thing to do.”

“It’s for the people, to look out for the future of the Town of Huntington.”

— Gene Cook

The councilman first raised the possibility of turning to eminent domain back in May, days after LIPA submitted documents to Suffolk County Supreme Court in its pending tax certiorari lawsuit against the town, which disputes the current annual tax-assessed value of the plant at about $80 million. The utility company has alleged the structure only has a fair market value of $193,680,000 as of July 1, 2013, based on a market value report from Tarrytown-based Tulis Wilkes Huff & Geiger.

“I looked at that appraisal not as a fair evaluation, but an invitation for the town to explore condemnation of the plant,” Councilman Ed Smyth (R) said. “The price is so ridiculously low that it would be negligent of us to not explore the possibility of acquiring the plant.”

Smyth said that he believes the Northport Power Station, which is actually owned by National Grid, is underutilized by LIPA, perhaps intentionally to devalue it given the ongoing tax certiorari lawsuit.

Cook had previously stated he believes the Northport facility is one of the largest power plants in the Northeast and will become more valuable with future improvements. He said his research shows the facility has the potential to operate and generate electric for another 15 to 30 years, up to a maximum of 40 years before closing down. Cook previously estimated the power station could produce as much as $5 billion in revenue per year for the town.

“The price is so ridiculously low that it would be negligent of us to not explore the possibility of acquiring the plant.”

— Ed Smyth

“What I like if the town buys it now at this rate is, when the plant is closed, we could shut it down and give the property back to the people for reaction or environmental uses,” he said.

Councilman Mark Cuthbertson (D) was the lone vote against an official resolution requesting the town attorney’s office to conduct research into the possibility of eminent domain. He called the legislation an unnecessary act of “grandstanding,” stating any board member could have simply verbally requested the town attorney to look into the matter.

“We are creating false hope this is a viable option, if it really were an option our lawyers would have suggested it a long time ago,” he said. “It is not a possibility to operate the LIPA plant as municipal power authority.”

The councilman also stated that under New York State General Municipal Law, if the town were to take over daily operation of the power station it would not pay any taxes to the Northport-East Northport School District — which currently receives approximately $56 million annually from the utility company.

If the town were to initiate the process of obtaining the power plan via eminent domain, it would not resolve the town’s lawsuit with LIPA. In addition to seeking a 90 percent reduction of taxes on the power plant, LIPA is asking for the town to reimburse it for alleged overpayment of taxes each year since it filed the claim in 2010 — totaling more than $500 million.

“We are creating false hope this is a viable option, if it really were an option our lawyers would have suggested it a long time ago.”

— Mark Cuthbertson

Sid Nathan, spokesman for LIPA, said the company had no comment as it is continuing negotiations at this time. 

Huntington, Northport-East Northport school district, LIPA and National Grid all agreed to sit down with neutral third-party mediator, Port Washington-based attorney Marty Scheinman, in nonbinding arbitration this July to see if all parties could reach a potential settlement agreement over the tax-assessed value of the Northport plant. The trial on the tax certiorari case is scheduled to continue in February 2019, according to Cook. 

Tom Kehoe, deputy mayor for the Village of Northport, commended Cook and the town board for their decision to move forward with investigating the legal potential of utilizing eminent domain to take over the plant.

“Whether it ever gets to the point of the town acquiring it through eminent domain, it’s another piece of the puzzle that will put a little pressure on the utility and LIPA to come to an agreement that’s good for all of us,” Kehoe said.

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.

Councilman Eugene Cook calls for residents to launch letter-writing campaign to Huntington Town officials

Northport power plant. File photo

Town of Huntington officials are moving toward making a power play against Long Island Power Authority and National Grid to take over control of the Northport power plant.

Councilman Gene Cook (R) has called for town residents to participate in a letter-writing campaign asking Huntington’s elected officials to consider utilizing eminent domain to take control of Northport power plant.

His proposal comes days after LIPA allegedly submitted documents to Suffolk County Supreme Court for its pending lawsuit against the town, in which it disputes the tax value of the plant, claiming the structure only has a fair market value of $193 million, according to Cook.

“Their estimate is so far out of wack on it, they are almost like giving us the plant,” the councilman said. “If they want to give it to us, I want to take it.”

Cook said he thinks the Northport facility is one of the biggest power plants in the Northeast, which will become more valuable with future improvements. He estimated the power station could produce $5 billion in revenue per year for the town if it took over operation of the facility. He suggested the name “Huntington Power Service Company.”

“We want to serve our residents, not be an authority over them like LIPA has done,” Cook said. “They have taken LI Power Authority as ‘we have authority over everyone.’” 

Their estimate is so far out of wack on it, they are almost like giving us the plant.”

— Eugene Cook

The councilman drafted a resolution he said he plans to present at the May 17 town board meeting for Huntington to hold a public hearing. If approved, a hearing will be held June 5 at 2 p.m. for residents to voice their thoughts and concerns on the acquisition of the plant from National Grid, which is the owner of the power station.

“The basis of this acquisition will be for the purpose of delivery to the public of electrical power in a safe and cost-efficient manner,” reads the draft resolution.

Under New York State law, the town must publish its findings and determinations on the proposed acquisition from the public hearing within 90 days. The Town of Huntington is due in court to face LIPA less than a week later June 11.

“We are looking at every facet of possibility here when looking at the LIPA situation because it’s a very serious situation,” Supervisor Chad Lupinacci (R) said. “Any possibility that comes up we will review with our attorney — we will review it with experts to see if it’s feasible.”

Even if the town initiated the process of obtaining the power plan via eminent domain, it would not resolve the town’s lawsuit with LIPA. In addition to seeking a 90 percent reduction of taxes on the power plant, LIPA is asking for the town to reimburse it for alleged overpayment of taxes each year since it filed the claim in 2010 — totaling more than $500 million.

“Let’s save the consulting and legal expenses of evaluating this idea, which would be fiscally disastrous to the town, its taxpayers and wouldn’t resolve the pending tax certiorari litigation,” LIPA spokesman Sid Nathan said in a statement.

Let’s save the consulting and legal expenses of evaluating this idea, which would be fiscally disastrous to the town, its taxpayers and wouldn’t resolve the pending tax certiorari litigation.”

– Sid Nathan

LIPA disputes that the Town of Huntington could turn a profit operating the station, claiming Northport power plant is operated at a loss. The power company said its contract with National Grid requires it to pay all costs to run the plant — including $80 million in annual property taxes leveraged by the Town of Huntington — which exceeds its revenue. LIPA also stressed that if Huntington took control of the plant, all beneficial tax revenue would cease, leaving residents to pay more for their government services.

“We hope the town will join with other local communities on Long Island that are working with LIPA to reach a fair settlement offer that puts an unsustainable property tax situation at the Northport plant back on a sustainable path,” Nathan said.

The Town of Brookhaven and Village of Port Jefferson both announced they had reached settlements over the tax assessed value of the Port Jeff plant with LIPA in early April.

If the lawsuit is decided in LIPA’s favor, the utility company estimates that Town of Huntington residents would see their taxes increase by $62 a month, with Northport-East Northport school district residents responsible for an additional $210 to $220 per month.

Lupinacci has said the town remains open to bargaining with LIPA, while Cook said the only negotiation he is for is LIPA agreeing to withdraw its lawsuit.

“I will fight to the death on this one,” Cook said. “Either they want to be good neighbors or they don’t. If they don’t, they can hit the road.”

Councilman Eugene Cook has a proposal that would set term limits for all Huntington elected officials. File photo by Rohma Abbas

By Sara-Megan Walsh

Town of Huntington council members will reopen the issue of setting term limits for elected officials by putting it before residents next month.

The town board voted unanimously to hold a public hearing Dec. 13 on term limits for all elected officials in the town.

Councilman Eugene Cook (R) presented a revised resolution that proposed that individuals elected to the offices of town supervisor, town council, town clerk, receiver of taxes and superintendent of highways be limited to three consecutive terms, for a total of 12 years, in the same office.

“Since I’ve been elected, I wanted to put term limits in and I didn’t have any support for it,” Cook said. “I spoke to the new [elected officials] coming in, and they asked me if three terms was alright.”

Cook previously made an effort to bring up term limits in August, which was defeated. This revised resolution differs from his August proposal, which suggested setting the limit at two consecutive terms, or a limit of 8 years in office.

The August proposal failed to move forward after Cook and Councilwoman Tracey Edwards (D) tried to amend it so that the nonlegislative positions of town clerk and receiver of taxes would not be term limited. Supervisor Frank Petrone (D), Councilman Mark Cuthbertson (D) and Councilwoman Susan Berland (D) voted against the amendment because they said they believe term limits should apply to all elected officials equally.

“I believe what’s good for the goose is good for the gander,” Cuthbertson said after the Nov. 10 board meeting.

Petrone, who is preparing to leave office after serving for nearly 24 years, and Cuthbertson (D), who was re-elected Nov. 7 to his sixth term having already served for 20 years, have both agreed to move forward with a public hearing Dec. 13.

The supervisor admitted while he was not initially in favor of implementing term limits, he’s had a change of heart.

“Term limits bring movement, people can move to other places,” Petrone said. “People in the town can move, like Susan [Berland] did, to the county when there are vacancies and there’s only a vacancy in the county because there’s a term limit.”

Berland, who first took political office as a Huntington board member in 2001, ran a successful campaign to be elected the next representative of Suffolk County’s 16th Legislative District Nov. 7, taking over for Legislator Steve Stern (D-Dix Hills). Stern could not run for re-election due to being term limited.

Similar to Cook’s revised resolution, Suffolk County legislators are limited to serving 12 years in office.

Cuthbertson said he agreed to have the public hearing and will listen to what residents have to say on the issue Dec. 13 before making a decision.

The Nov. 9 motion to move forward with implementing term limits comes only two days after state Assemblyman Chad Lupinacci (R) was elected to be the town’s next supervisor and his running mate, Republican Ed Smyth, won a seat on the town board. Both Lupinacci and Smyth’s campaign promises focused on government and ethics reform, including support for term limits for town officials. Lupinacci and Smyth take office in January 2018.

“While we appreciate the town board’s enthusiasm about term limits, we may better serve the public by passing a comprehensive ethics reform package beginning next term, which includes term limits for policy makers, among other initiatives which make government more transparent, accountable and efficient for the people of Huntington,” Lupinacci said in a statement.

The town board has the option of voting on Cook’s resolution at their Dec. 13 meeting, immediately placing term limits on those newly elected.

Cook said if his measure is not approved in December, he will continue to push for reform.

“If it doesn’t go through, I’ll put it up again in January,” Cook said. “It’s good for the people of Huntington, that’s for sure.”

A Larkfield Road home is at the center of a lawsuit by its two former owners against Town of Huntington, Councilman Eugene Cook and his two business partners. Photo by Sara-Megan Walsh

Two former East Northport landowners are suing Huntington Town, Councilman Eugene Cook (R) and his two business partners for $5 million over alleged loss of property rights.

A federal lawsuit filed Sept. 11 in U.S District Court for the Eastern District of New York claims that town officials have intentionally overlooked zoning code violations at a multi-family home on Larkfield Road — but only after it was purchased by TGJ 2014 LLC in 2014. The company is owned by Cook and two business partners, Huntington real estate agent Timothy Cavanagh and Commack attorney Joshua Price.

The former homeowners, Mary Ann Dellinger, of Huntington, and her brother, Carmen Tomeo, allege the town officials’ efforts to unfairly enforce zoning codes on the five-family dwelling caused them to lose money in the sale, according to their attorney Christopher Cassar. The house was purchased for $400,000 by TGJ 2014.

“This house was their primary asset,” Cassar said.

The plaintiffs claim the Larkfield Road home’s use as a multi-family dwelling predates the creation of Huntington Town code in 1934, according to court documents. Cassar said the family has a March 11, 2007 letter from the town which grandfathered the property’s right to be legally occupied as a five-family residence.

The lawsuit alleges town code enforcement officers began to issues summonses in 2012 against the property owners demanding it be returned to a single-family home, despite earlier promises.

“Town of Huntington has permitted and tolerated a pattern and practice of unjustified, unreasonable and illegal use of the enforcement of town code against the plaintiffs,” the lawsuit reads.

Cassar said the town’s actions caused Dellinger and Tomeo to have difficulty selling the house, as two prior deals fell through. One potential buyer would have paid $900,000 for the property, according to Cassar, half a million more than Cook and his partners paid.

The former homeowners also claim the $5 million sought is for damages including loss of income from the property, loss of property value, embarrassment, harrassment, loss of liberty and infringement of their property rights, according to court records.

In 2015, town officials  hired attorney Edward Guardaro Jr., of the firm Kaufman, Borgeest & Ryan LLP, to look into the East Northport house, to determine whether it was a legal rental and if the work being performed was legal.

Cassar said the town has issued a summons on the property, since Cook and his company took ownership, over issues with an exterior staircase and debris. However, the attorney said the town did not ever issue a code violation against it for being a multi-family dwelling.

Huntington has not been served with the lawsuit as of Sept. 20, according to town spokesman A.J. Carter, and he declined to comment further on the matter. Cook also declined to comment on the lawsuit after the Sept. 19 board meeting, as did Cavanagh. Price returned calls but did not comment on the matter.

Councilman Eugene Cook has a proposal that would set term limits for all Huntington elected officials. File photo by Rohma Abbas

By Sara-Megan Walsh

A 3-to-2 split of the Huntington Town Board has sent a proposal aimed at placing term limits on elected officials back to the drawing board.

At an Aug. 15 town board meeting, council members voted against a public hearing on legislation that would limit the number of years a public official could hold office. The sticking point was which town positions it would affect.

Councilwoman Tracey Edwards (D) made a motion to amend Councilman Eugene Cook’s (R) resolution which proposed a two-term, or eight-year limit, upwards to three four-year terms, or 12 years. Edwards said this would be more in line with term limits placed by other state and federal governmental offices. Suffolk County legislators are limited to 12 years in office.

Cook accepted these changes, but proposed that the elected positions of town clerk and receiver of taxes be removed from the bill as they are not legislative positions.

Councilman Mark Cuthbertson (D) said he wouldn’t support these changes, citing term limits should apply to all elected officials or none. Supervisor Frank Petrone (D)  and Councilwoman Susan Berland (D) sided with him.

Berland proposed, with Cuthbertson’s support, that the issue of term limits on elected officials should be voted on in a townwide referendum this November. Petrone and the council members voted against a hearing on the current proposed legislation to see if a referendum is a possibility.