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New York State Legislature

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Kings Park Jewish Center. Photo by Kyle Barr

While the alienation bill required to move forward with Kings Park sewers is stuck in the state Legislature’s deadlock, Town of Smithtown officials are formulating a plan B.

Smithtown officials said they have been eyeing property behind the Kings Park Jewish Center, though planning director Pete Hans said it is just one option the town is considering.

“The town has said for years that they maybe should acquire it, even before the pump station, because they’re not using it,” Hans said. “The town has property on both sides, and our parks department could use a little more space.”

This is a once in a lifetime opportunity that we will never see again, so the notion that an inability to have the state Assembly pass this bill and have the project move forward is concerning.”

— Peter Scully

The original plans call for 11,000 square feet in front of the town’s Department of Parks, Buildings and Grounds facility located at 110 E. Main St. in Kings Park for a sewer pump station. Since the area is zoned as parkland, the town requires approval for alienation from the state Legislature in order to build on that property. The bill was left on the floor when the Legislature dismissed for the summer, along with multiple other small local bills, without a vote.

Requests for comment from the Kings Park Jewish Center were not responded to by press time.

The Jewish Center site sits at a low elevation, similar to the parks department property, which is necessary for the wastewater to flow through. Though Hans said the town still has to contact the synagogue about the unused property, that piece of real estate is just one of several ideas the town is considering. The planning director said town officials are also looking at the water district property just northwest of the parks department building or state-owned land next to the U.S. Post Office also on East Main Street. Building on these properties also faces complications that would cost the town and county both time and money, according to Hans.

Suffolk County’s Deputy Executive Peter Scully (D), who is handling much of the county’s wastewater projects, said that while there should be no odor issues at the Jewish Center if the town does build a pump station there, the best site would still be at its originally planned location. Doing it any other way could result in both the town and county spending more money and time than needed, especially important as the Kings Park sewer project is largely funded by a $20 million state grant offered by New York State Gov. Andrew Cuomo (D) in the 2018 budget.

“In this case, we wouldn’t need to issue any debt so the Kings Park business district and Kings Wood apartment complex would be connected at virtually no cost,” Scully said. “This is a once in a lifetime opportunity that we will never see again, so the notion that an inability to have the state Assembly pass this bill and have the project move forward is concerning.”

State Assemblyman Mike Fitzpatrick (R-St. James) said that he remains optimistic the state Legislature will reconvene again this year. He said the most likely time frame would be after the Nov. 6 elections but before the Christmas season, leaving a very small window.

People in Kings Park and Smithtown have waited long enough for sewers and we’re trying to make this a reality in 2019.” 

— Nicole Garguilo

“I remain optimistic, we’ll see, but if not, then the goal is to pass it next year unless the town decides to look at a different piece of property,” Fitzpatrick said.

Scott Rief, the communications director for state Senate Republicans, said there has been no specific discussions at this time about the Legislature reconvening.

Smithtown Supervisor Ed Wehrheim (R) said he has asked county engineers to examine if the Jewish Center site is feasible, because if they delay building the pump station it could delay nearly all of the town’s other sewer projects.

“I hope we don’t have to go that way, because this other part is already designed,” Wehrheim said.

The town had planned to start construction of Kings Park sewers in early 2019. Nicole Garguilo, the town’s spokeswoman, said pushing back the alienation bill into 2019 could push all current sewer projects back a year.

“People in Kings Park and Smithtown have waited long enough for sewers and we’re trying to make this a reality in 2019,” Garguilo said.

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The two tribes have set their respective baselines while New Yorkers yearn for compromise and actual, tangible change.

The Republican-held state Senate has thus far made its position clear. Billed as the way to keep kids safe, its legislative school security package, which passed March 6, has several strong ideas and mercifully doesn’t get New York educators any closer to possessing firearms on school grounds. It establishes funds for districts that want to hire school resource officers, and opened the definition to include retired or active duty police
officers, deputy sheriffs and/or state troopers, who would be allowed to carry weapons on campuses. The package also provides state education aid to districts acquiring safety technology or otherwise improving
security of facilities. A bill to create more funding for schools to hire additional mental health professionals was also included.

On its face, the Republican package does plenty to improve safety in schools. A Suffolk County initiative announced by Executive Steve Bellone (D) last week would allow districts to give access to existing surveillance systems to the police department, designed to speed up response times during mass shooter situations. The package and the new county scheme are outside of the box and forward-thinking ideas that are welcome for making students safer. The Republican plan passed with bipartisan
support.

However, the only use of the word “gun” in a press release announcing the package from a spokesperson for Senate Majority Leader John Flanagan (R-East Northport) is in reference to potential future legislation that would create funding for districts seeking more weapon detection systems. At the end of February, the state Senate voted down a package of measures introduced by the Democrats that aimed at addressing access to firearms.

That legislative bundle included stronger background checks, a ban on bump stocks and an “extreme risk protection” measure designed to keep weapons away from people who are determined by a court to pose a risk of harm to themselves or others. In other words, common-sense, bare minimum gun control measures that do nothing to infringe on the Second Amendment rights of law-abiding citizens. A similar package made it through the New York State Assembly the same day.

“I am not encouraged that we’re there yet,” state Assemblyman Steve Englebright (D-Setauket) said when asked if he thought the discussion about guns at the state level was progressing among both parties.

“Schools must be safe havens where students can learn and teachers can teach,” Flanagan said in a statement announcing the Republican bills. “In New York, we must act swiftly and decisively to implement additional measures in schools throughout our state to give students, parents and teachers the resources and peace of mind that they deserve.”

He and his fellow local senator from the Republican conference, Ken LaValle (R-Port Jefferson), have yet to respond to a request for comment through respective spokespersons asking if either intend to support the Assembly package.

If the Republicans are serious about creating “peace of mind” for schools and parents, the school safety measures are an excellent start, but the Assembly package should be passed too.

State Sen. John Flanagan. File photo

The New York State Legislature is working to make schools safer in the aftermath of the Feb. 14 shooting at a Florida high school. But the Republican-held Senate and Democrat-majority Assembly are not yet on the same page in figuring out how to accomplish the goal.

The Senate passed a package of bills March 6 aimed at improving school safety through various security-related measures. After a package of gun legislation bills — which included measures to create a stronger background check process, ban bump stocks or accessories that increase a semi-automatic weapon’s rate of fire, establish extreme risk protection orders, and more — brought forward by Senate Democrats failed in late February, the Assembly also passed a package of bills March 6 designed to strengthen gun laws. Several of the bills in the Assembly package were the same as versions voted down in the Senate. It remains to be seen if either house will pass their counterparts respective packages.

Bellone announces school safety initiative

Schools in Suffolk County will now be offered a permanent eye in the sky.

Suffolk County Executive Steve Bellone (D) announced the SHARE initiative March 9, a program that will allow districts the ability to connect existing camera systems directly to the Suffolk County Police Department. The system would enhance the efficiency of a police department response to an active shooter situation, according to a press release from Bellone’s office.

“We will do whatever it takes to protect our schools by utilizing every available tool and partnership at our disposal,” the county executive said in a statement. “The SHARE initiative will provide law enforcement the enhanced capabilities needed to respond to a security risk, and I look forward to working with our superintendents and stakeholders on how we can keep our schools safe.”

The county will hold a meeting of all school district superintendents March 15 to formally seek voluntary consent with the districts interested in the program.

“We have been preparing and training for the nightmare scenario that we hope never happens,” District Attorney Tim Sini (D) said in a statement. “In the police department, we enhanced our readiness for an active shooter scenario or a terrorist attack, but most importantly to take measures to prevent those incidents.”

“I have every hope that we can walk and chew gum at the same time because these are not mutually exclusive directions, and they are very complementary,” Assemblyman Steve Englebright (D-Setauket) said in an interview. The Assemblyman said he hadn’t had a chance to fully study the package of bills passed in the Senate yet, but at first glance it included some initiatives he’d be comfortable supporting. “I would just appeal to my colleagues in the Senate to meet us halfway, and I would pledge to do the same for them. I think we all should keep our eye on what the objective is here, which is to save lives and ultimately there is no single measure that is going to be an omnibus solve.”

The passed Senate package includes a bill authorizing districts to receive state funding to hire a school resource officer, defined in the bill to include retired or active duty police officers, deputy sheriffs or state troopers. They would be permitted to carry firearms on school grounds if licensed to do so. Another bill increased the earnings limitations for retired police officers being employed by schools from $30,000 annually to $50,000. A bill was also included in the package that will provide state education aid to districts for acquiring safety technology and improving security.

“Schools must be safe havens, where students can learn and teachers can teach,” Senate Majority Leader John Flanagan (R-East Northport) said in a statement. “In New York, we must act swiftly and decisively to implement additional measures in schools throughout our state to give students, parents, and teachers the resources and peace of mind that they deserve.”

The Senate’s package also had components designed to improve school-based mental health services. One bill allocates districts $50,000 in state funding to put towards hiring a mental health services coordinator, while another requires the state Department of Education to investigate and report on the number of full and part-time school counselors, school social workers and school psychologists in each school; the ratio of students to the number of school counselors; the ratio of students to the number of school social workers; the ratio of students to the number of school psychologists in each school; and when such staff is working in more than one school.

As part of the package, another bill was passed defining school shootings as an act of terrorism, which now makes the New York State Intelligence Center in cooperation with the state Division of Homeland Security responsible for the collection, integration, receipt, processing, evaluation, analysis, fusing, dissemination, sharing, and maintenance of intelligence information to aid in detecting, preventing, investigating and responding to acts of terrorism, including school shootings. Now suspects who discharge a firearm within 1,000 feet of a school can be charged with committing an act of terrorism.

The bills in the Senate’s package passed with overwhelming, bipartisan support in most cases. They will now head to the Assembly before arriving, if passed, at Gov. Andrew Cuomo’s (D) desk for signing into law.

The package that passed the Assembly, if eventually passed by the Senate and signed by Cuomo, would temporarily prohibit individuals from purchasing or possessing guns if a family member or law enforcement officer petitions a court and the court finds individuals are likely to engage in conduct that would harm themselves or others.

It also would establish a 10-day waiting period before a gun may be delivered to a purchaser who has not cleared a background check. Under current federal law, gun dealers must conduct a background check through the National Instant Criminal Background Check System before selling a firearm. The NICS system responds with one of three messages — “proceed,” “denied” or “delayed.” The dealer must deny the sale if the NICS background check determines the buyer is a prohibited purchaser and responds with a “denied” message. However, if the response is “delayed,” the dealer may nonetheless complete the sale after three business days.

Also included in the package is a bill preventing convicted domestic abusers from purchasing or possessing a firearm.

Spokespersons for Flanagan and state Sen. Ken LaValle (R-Port Jefferson) did not immediately respond to a request for comment asking if they intend to support the package of legislation passed by the Assembly.