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Town of Huntington

A deli on the Platt’s Tavern site would be demolished under Dominick Mavellia’s zone change application to construct a medical office building. Photo by Victoria Espinoza

Town of Huntington officials have agreed to rezone a “historic hallowed” parcel of Huntington Village turned “eyesore,” where Founding Father George Washington once stopped for dinner, after three years of extensive debate.

The town board voted 4 to 1 to allow for rezoning of the corner lot at the intersection of Park Avenue and Route 25A/Main Street from R-15 Residential District to C-1 Office Residence District to make way for a medical office building. Part of the site was formerly home to Platt’s Tavern, one of the earliest buildings in Huntington. Councilwoman Joan Cergol (D) was the sole vote against the rezoning.

I believe we have an opportunity and responsibility to re-create this iconic corner in a manner that reflects and respects the historic district’s spirit and guidelines.”

— Joan Cergol

“I believe we have an opportunity and responsibility to re-create this iconic corner in a manner that reflects and respects the historic district’s spirit and guidelines,” Cergol said. “I am sorry to say I do not see that embodied in the current proposal.”

The proposed plans, put forth by developer Dominick Mavellia in 2014, would replace an abandoned gasoline service station/automotive repair shop, a deli and a vehicle storage yard with a 10,000-square-foot medical building.

The project is located within both the Old Town Green National Historic District and the Old Huntington Green Town Historic District, which contain some of Huntington’s earliest homes.

Paul Warburgh, president of the Old Huntington Green Inc. has previously voiced his opposition to the change of zoning, most recently at the Aug. 7 town board meeting. On Sept. 20, he asked town officials to table the vote and consider something different.

“I’d like to suggest some amendments to the changes to honor the historic site that exists there,” Warburgh said. “This will all then comply with the historic district law when you talk about scale and style.”

Warburgh asked the town board to put a conditional approval on the rezoning that the developer be required to construct two buildings totaling no more than 6,000 square feet and no more than 30 feet in height in order to fall within the standards of the historic district.

Cergol said she reached out to the developer herself earlier this year to see if he would consider building two smaller buildings instead of the 10,000-square-foot office. She cited Sunny Pond Farm on Park Avenue as an example of redevelopment that preserved open space, historic structures, blended into the historic district and has been economically successful.

“Right now on this corner is an ugly, abandoned gas station. This is the first step of beautifying that area.

— Chad Lupinacci

Cergol asked her fellow council members prior to the rezoning vote if any were willing to postpone the decision to consider Warburgh’s request for special conditions. When no one was willing to open the matter to discussion, more residents asked if they still had an opportunity to speak. 

Councilman Ed Smythe (R) said as the property is within the Old Huntington Green Historic District, the developer’s specific site plans will have to come back before the town board in order to receive a building permit. These plans will need to contain specific details on the architectural style of the building, according Smythe, as well as the building’s proposed elevation.

“Right now on this corner is an ugly, abandoned gas station,” Supervisor Chad Lupinacci (R) said. “This is the first step of beautifying that area.

Lupinacci called the corner’s current buildings “an eyesore” and said in the future he hopes the town will install a historic plaque commemorating Washington’s visit on the site in addition to the brief sign already there.

Port Jeff Superintendent Paul Casciano and board President Kathleen Brennan. File photos by Alex Petroski

By Alex Petroski & Sara-Megan Walsh

Port Jefferson and Northport-East Northport school districts, as well as the Town of Huntington, were dealt a blow in the legal battle against Long Island Power Authority in August. But, it doesn’t mean they are going down without a fight.

Port Jeff board of education voted unanimously — 6-0 with board President Kathleen Brennan absent — during a Sept. 24 special meeting to file an appeal of New York State Supreme Court Justice Elizabeth Emerson’s Aug. 16 ruling that LIPA “made no promises” to the Town of Huntington, Northport-East Northport and Port Jefferson school districts not to challenge the taxes levied on its power stations.

Huntington Town Attorney Nick Ciapetta said the municipality formally filed its appeal of Emerson’s decision the following day, Sept. 25.

The judge’s ruling dismissed the third-party lawsuits brought forth by Huntington and the two school districts which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent. The resolution passed by Port Jeff school board authorized its legal counsel, Ingerman Smith, LLP, to file the appeal.

“We do think her decision was incorrect, and clearly we do recommend that the board consider filing a notice of appeal in this proceeding,” said attorney John Gross of Ingerman Smith, LLP, prior to Port Jeff’s Sept. 24 vote.
Northport-East Northport’s board trustees had previously voted to pursue an appeal at their Sept. 6 meeting.

Gross, who has been hired to represent both Northport and Port Jeff schools, said the districts

will have six months to perfect appeals. During this time, the districts’ legal team will prepare a record including all exhibits, witness depositions, and information gathered from the examination of about 60,000 pages of documents. He said a brief outlining the  legal arguments against Emerson’s decision will be crafted prior to submitting the appeal.
LIPA will be given several months to prepare a reply, according to Gross, prior to oral arguments before a four-judge panel in New York State Appellate Division of the Supreme Court. Further appeals are possible following that decision. Gross said the process could take more than a year.

Meanwhile, Huntington Town, Northport-East Northport school district, LIPA and National Grid have agreed to pursue non-binding mediation relating to the case, which begins Sept. 26. Gross said while Port Jeff is not a party to the mediation, it will be monitoring the outcome because the process could establish a pattern of resolution for its case. He also said the district can withdraw its appeal at any time, but once that occurs it cannot rejoin the process.

“Legal actions taken by the Town [of Brookhaven], [Port Jefferson] Village and school district to generate an equitable solution to the LIPA tax assessment challenges are intended to protect its residents and children against exorbitant property tax increases; especially in a very short interval of time,” Port Jeff school district said in a publicly released letter Sept. 12 prior to passing a resolution authorizing the appeal. “Please know, that the district fully understands that the decision about engaging legal counsel is one to be made with great care, as it always carries a financial implication while never guaranteeing a verdict in one’s favor.”

An aerial view of Town of Brookhaven’s Green Stream Recycling plant in Yaphank is surrounded by recyclables in August 2018. Brookhaven has since returned to dual stream recycling. Photo from Town of Smithtown

It’s a rubbish time to be involved in the recycling industry.

The Town of Brookhaven’s recycling plant is grappling with unprecedented mounds of bottles, used paper goods and trash. Ever since China implemented its “National Sword” policy in January banning the import of various nonindustrial plastics, paper and other solid wastes, Brookhaven’s had a hard time selling off collected recyclable materials. As China was one of the top buyers of U.S. recyclables according to NPR, this move has left many Suffolk townships unsure what to do with their residents’ recycled garbage.

To recycle or not: Tips  on handling your trash

By Kyle Barr

Operators of the Brookhaven recycling plant deal with a lot of junk. Not the good kind of junk, however, as many household items that residents assume can be recycled can cause havoc in the machinery.

In the four years since the town invested in single-stream recycling,  Erich Weltsek, a recycling coordination aid for Brookhaven, said there has been increased resident participation in the recycling program. But it has also led to some residents chucking in items that have no business being recycled.

We’ve gotten chunks of concrete, and you even get sports balls — like soccer balls, footballs — constantly,” he said. “A lot of what we call ‘wish cycling,’ where people think they’re doing the right thing and when in doubt they throw it in a recycle bin instead of the right receptacle.”

Weltsek said people have tried to recycle Coleman outdoor stoves and propane tanks, which is extremely dangerous and could result in an explosion at the facility.

The most pervasively disruptive items are plastic bags and other items that Weltsek called “tanglers,” such as Christmas tree lights, pool liners and garden hoses. The recycling facility operates on a number of conveyor belts that first feed into a device called a star screen, a number of rotating cylinders with feet that separate recyclable fibers from other items. These items either wrap around the wheels on the conveyor belt or star screen, either letting fibers through the wrong end or stopping the machine entirely.

Suffolk residents should clean out any plastic bottles or cans before putting them in the recycling. Any low-quality paper products or grease-stained cardboard such as used pizza boxes, should not be recycled because they affect the sellable quality of the entire recycling bundle.

Andrade said all plastic bags should be recycled at a local supermarket, which are mandated by New York State law to have a receptacle for all shopping bags.

The plant often has to turn away other nonrecyclable material, such as plastic utensils, bottle caps and Styrofoam. All of these are considered contaminants, either because they cannot be recycled properly, or they
dilute the quality of the material.

“While it hasn’t stopped it, China’s new policies have significantly slowed down the ability of recyclers to move material to market,” said  Christopher Andrade, commissioner of Brookhaven Town’s waste management department. “There are domestic mills and domestic markets [but] the thing is just finding them, negotiating them and moving the material.”

That is easier said than done, according to Andrade, as many recycling plants across the nation now have fewer options of where to sell their collected goods. China has publicly claimed the decision has to do with the quality of the materials, as low-quality newspaper print or thin PVC plastics are not considered valuable enough for reuse. There’s also the problem of recyclables being mixed with other, nonreusable garbage.

In 2014, Brookhaven moved from dual-stream to single-stream recycling, a system that allows residents to put out all their recyclables in a single can to be sorted out at the town’s facilities instead of bringing out a different material — plastic, papers or metal — every other week. This increased overall participation in the recycling program, Andrade said, but has led to some confusion.

The loss of the Chinese market has severely interrupted the Brookhaven-owned Green Stream Recycling facility’s outflow. Green Stream Recycling LLC, a company that contracts with the town and operates the town’s facility in Yaphank, made good use of China’s market. While the facility continues to operate without a definitive answer to where else the company can move its materials, some of it is now going back into the landfill, according to Andrade.

This crisis is not only affecting the Town of Brookhaven, but other municipalities on Long Island which sell their collected recyclables to Suffolk County’s largest township. In 2014, the Town of Smithtown formed a five-year contract with Brookhaven to send 12,000 tons of garbage to the Green Stream facility,  in return for $180,000 per year. While Brookhaven continues to honor the agreements with its partnered municipalities, the lack of market availability for recyclables has some members of Smithtown Town Board concerned.

At a Sept. 4 work session, Smithtown Supervisor Ed Wehrheim (R) showed board members a photo taken by a drone in May showing recyclables piled in heaps just outside Brookhaven’s facility. The picture made Wehrheim and other board members question what might become of the town’s current recycling agreement.

“At one point, we’re going to come to some decision what to do with [Brookhaven Town,] Wehrheim said. “It could be a potential problem … in the short term.”

Andrade said that excess dumping on the facility’s land came from the “shock” of China’s National Sword policy being implemented earlier this year, though he said the situation has since been brought under control. Despite these international issues, Andrade said Brookhaven remains committed to recycling.

Brookhaven Town Supervisor Ed Romaine (R) “and the board believe very strongly in recycling, and we’ll bounce back from this,” he said.

The markets are being overwhelmed; the people taking the material can be picky on what they accept. We’re going to have to respond by being better at only putting out the things that people can actually reuse.”

— Russell Barnett

Russell Barnett, Smithtown’s environmental protection director in the Department of Environment and Waterways, said he is working on a solution with Brookhaven, including a regional approach comprising Smithtown, Huntington, Southold and several other communities that are partnered with Brookhaven.

Smithtown had its own dual-stream facility that was closed before it started sending its materials to Brookhaven in 2014, though reopening it could be costly.

“We’re assessing our equipment — seeing what’s operational, what’s not, what repairs need to be made and what upgrades need to be made if the occasion comes up that we want to go that route,” Barnett said.

In the meantime, he said residents need to be more discriminating when it comes to deciding what items to recycle. Otherwise, it will be much harder in the future to find a buyer for the world’s recyclable garbage.

“When they talk about the standard, they’re not just talking about nonrecyclable material
but the right kind of recyclable material.” Barnett said. “The markets are being overwhelmed; the people taking the material can be picky on what they accept. We’re going to have to respond by being better at only putting out the things that people can actually reuse.”

Huntington residents stood silently in the cold rain Sept. 9 to honor the 43 people from the Town of Huntington who died in the Sept. 11, 2001 terrorist attacks.

As each victim’s name was read aloud by a Huntington town official, a bell was rung by a Bill Ober, chairman of the town’s Veterans Advisory Board, and a single rose was laid at the base of the 9/11 memorial in Heckscher Park. The names were read by Supervisor Chad Lupinacci (R) and councilmembers Mark Cuthbertson (D), Gene Cook (R) and Joan Cergol (D).

“It’s hard to believe that there’s an entire generation of young people who do not [what?] what it was like to live and experience with memories of that day,” Lupinacci said. “It is the memory of your loved ones that we hold this ceremony each year and every year, so that we can remember your loss, which remains our loss, and educate those too young to have lived through that day.”

Seven of the 43 names read were first responders, including members of the Fire Department of the City of New York  and the Port Authority of New York & New Jersey.

“As always on this sad day of remembrance, we ask the question what we can productively do in the face of such extreme hatred and evil,” said Rabbi Yaakov Raskin, of Chabad of Huntington Village, who gave the benediction for the ceremony. “Much in the answer lies in the education of our children.”

Children enjoy the grand opening of Sgt. Paul Tuozzolo Memorial Spray Park in Elwood. Photo by Kyle Barr

The Town of Huntington is temporarily re-opening the Sgt. Paul Tuozzolo Memorial Spray Park at Elwood Park due to the heat wave the area is currently experiencing.

Huntington officials announced the spray park will be open Sept. 6 and 7, from noon to 6 p.m.  The hours for the week starting Sept. 10 will be determined based on the weather. Town of Huntington beaches will remain closed due to a lack of available lifeguard staffing, according a statement from the town.

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.

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.” 

The spray park, located at Elwood Park on Cuba Hill Road in Elwood, is open to residents with Resident Recreation Photo ID Cards (children under 13 years old will be able to use the spray park if accompanying parent/guardian shows a Resident Recreation Photo ID Card – exception only for those who have Picnic Permits for that day), Non-residents may only enter the spray park if they are accompanied by a resident with a Resident Recreation Photo ID Card.

 

Scott Blackshaw's brother, David, center right, holds a sign dedicating Hillwood Drive for the 9/11 responder's honor. Photo from Town of Huntington

Town of Huntington officials paid tribute last Saturday to a Huntington Station resident who lost his life to 9/11-related illnesses.

Supervisor Chad Lupinacci (R) led a street ceremony Aug. 25 dedicating Valleywood Drive in Huntington Station in honor of former New York Police Department officer Scott Blackshaw.

“NYPD Officer Scott Blackshaw embodied the American spirit that rises to any challenge, a spirit of selfless sacrifice to help others in need, and a spirit of resolve and bravery committed to defending our way of life,” Lupinacci said. “Scott Blackshaw dedicated his time and his love to his family.”

“NYPD Officer Scott Blackshaw embodied the American spirit that rises to any challenge, a spirit of selfless sacrifice to help others in need, and a spirit of resolve and bravery committed to defending our way of life.”

— Chad Lupinacci

Blackshaw was a graduate of Northport High School who joined the NYPD in 1990. He patrolled the Manhattan South borough and worked for the 13th Precinct at the time of the 9/11 attacks on the World Trade Center. He spent six weeks on duty at ground zero working the pile, searching for traces of his fallen comrades and fellow citizens.

“We must never, ever forget what a hero really means is someone who is selfless, who gives of their time and energy because they care about their community,” state Sen. Carl Marcellino (R-Syosset) said. “Scott was such a person.”

Blackshaw lost his battle with cancers sustained as a result of his work at Ground Zero May 20. He was 52. The town supervisor said his neighbors recalled how he was the type of person who used to help cut their grass for free and plow their driveways when it snowed. As he fell ill, Blackshaw’s friends and neighbors rallied to his support to take care of him, calling themselves “Team Scotty.” He, in return, call them “his angels.”

“Scot was one of those people, he cultivated a family right here on this road,” said Suffolk County Legislator Tom Donnelly (D-Deer Park). “This sign will be a living testament not only to NYPD Officer Scott Blackshaw but to the kind of person he really was.”

More than 10,000 people have been diagnosed and certified to have 9/11-related cancers and illnesses, according to John Feal of the Feal Good Foundation. The foundation is a nonprofit dedicated to helping all emergency personnel who have faced injury or illness due to their time of service get the health care they need.

On Sept. 15, Feal said Blackshaw’s name will be officially added to hundreds of other first responders and emergency personnel who lost their lives as result of the attacks listed on the memorial wall at the 9/11 Responders Remembered Memorial Park, located on Smithtown Boulevard in Nesconset.

“But now that the street sign is up, he’d say it’s your responsibility to cut your grass every week and pick up your leaves.

— David Blackshaw

“Today’s street ceremony serves a purpose like the park,” he said. “That history is never distorted and so generations to come will know the sacrifice that Scott and others made. These are tangible items that you can see and can touch that will be a reminder that Scott was truly a hero.”

Following the unveiling of the new street sign, Blackshaw’s friends and family hosted a block party to honor his life with donated food, drinks and supplies from the Best Yet in East Northport, East Northport Beverage, and The Home Depot in Huntington.

Blackshaw’s brother, David, said it was amazing to see the community come together for Scott, providing him with a support system that gave “full life.”

“My brother wouldn’t want this sign up on the street, and he would tell you all to go away,” he said, his words answered by laughter. “But now that the street sign is up, he’d say it’s your responsibility to cut your grass every week and pick up your leaves.”

Indian Hills Country Club. File photo by Sara-Megan Walsh

The real estate developer for a controversial Fort Salonga development has handed over his proposed plans for a mandated environmental impact study for public consumption. 

The Hauppauge-based Northwind Group, founded by developer Jim Tsunis, submitted a 16-page report Aug. 14 outlining how potential impacts of The Preserve at Indian Hills will be evaluated prior to construction of the community. Residents have until Sept. 17 to give feedback and voice any concerns. 

Town of Huntington Planning Board voted Aug. 8 to issue a positive declaration that the submitted plans to construct 98 townhouses and a clubhouse on the existing Indian Hills Country Club golf course will have a significant environmental impact. In accordance with state law, the Northwind Group must undertake, with a detailed environmental impact study that looks at how the development may impact water quality of the
watershed, the area’s steep slopes and coastal erosion zone, added traffic and other issues. 

“The 99-lot yield is supported by a yield map prepared to town specifications and approved by the planning board for yield purposes and is less than what would be permitted as right-of-way under current zoning if each property were developed independently,” reads page 3 of the developer’s draft report. 

The Fort Salonga Property Owners Association has previously asked town officials to place a moratorium on new developments in the Crab Meadow Watershed area, which includes Indian Hills. The group has voiced fears, despite the developer’s revised plans that scales 108 units originally requested down to 98, the development will have a devastating impact on the local roadways and
surrounding wetlands.

“There is no doubt that this latest plan is completely unacceptable to the neighborhood,” John Hayes, president of the property owners association, said. “Like its predecessors, it does not fully address many of the environmental and social concerns that have been raised.” 

Hayes admitted he and others were still going over the 16-page report but said he is likely to suggest additional intersections be added to the traffic study. Those intersections already cited for inclusion by the developer include: Route 25A at Makamah Road, Route 25A at Fresh Pond Road, Makamah and Breeze Hill roads, Fresh Pond Road and Breeze Hill Road and Fresh Pond Road at Claymore Road.

“The roads are not designed for this sort of development,” Hayes said, citing numerous fatal accidents at Makamah Road and Route 25A. 

The draft environmental study outline also clearly stated the 18-hole golf course will be modified, but maintain 18-holes calling it “an important part of the visual character of the site and area.” 

The draft scope of the environmental study can be viewed on the Town of Huntington’s website, www.huntingtonny.gov, under the Planning & Environment Department page, under Site Specific Plans, Reports and Studies. 

Comments may be submitted through Sept. 17 via email to [email protected] or mailed to Huntington Town Hall, Department of Planning & Environment (Room 212), Attn: Preserve at Indian Hills Draft Scope, 100 Main St., Huntington, NY 11743. 

The New York State Armory is slated to become the James D. Conte Community Center. File photo

Town of Huntington officials went back to the drawing board by hiring a new architect to take over designing what promises to be a future Huntington Station landmark.

Huntington town board unanimously approved a resolution to hire Patchogue-based BBS Architects, Landscape Architects and Engineers, P.C. to take over the engineering and design of the James D. Conte Community Center in attempts to keep the project’s budget under control.

In December 2016, the town selected DCAK-MSA Architectural and Engineering P.C. out of 14 proposed bids received to create plans to renovate the former New York State National Guard Armory on East 5th Avenue into a community center. The costs of the firm’s engineering services were not to exceed $603,000 over the length of the four-year contract.

On May 22, 2018, DCAK-MSA submitted a supplemental fee request asking for an additional $850,000 to raise their total design fee to $1.453 million, more than double the initial price agreed upon, according to the town.

We do expect to receive a modified plan from BBS after contracts are signed, scaling construction costs back down within the $9 million range.”

— Chad Lupinacci

Supervisor Chad Lupinacci (R) also indicated there were issues with the conceptual plans that were unveiled in November 2017 as the renderings included features that brought the project’s total cost up to $14.2 million, far exceeding the anticipated budget of $10 million.

“We do expect to receive a modified plan from BBS after contracts are signed, scaling construction costs back down within the $9 million range,” Lupinacci said. “Their experience provides knowledge and skills necessary as we move into the important cost management and design phase.”

BBS has completed more than $3 billion of municipal and school construction projects, according to the town, and is familiar with municipal bidding costs and industry trends. Its contractual costs with the town are not to exceed $711,000 over a four-year span. 

The town first acquired the former armory from New York State in 2013 in the hopes of creating a space that could be used for community-based public programs in education, fitness, health and wellness and veterans’ activities.

The center will be named after James Conte, a former state assemblyman who represented the 10th district including Huntington Station for 24 years and played an instrumental role in getting the state to transfer ownership of the decommissioned building over to the town. Conte died in October 2012 of T-cell lymphoma.

The initial conceptual plans for rehabilitating the 22,500-square-foot building unveiled in November 2017 suggest space could be repurposed for such uses as arts and crafts, a computer lab, a recording studio, an all-purpose gymnasium, a strength training facility, CrossFit center, rock climbing arena, a community meeting space, a multipurpose room, classrooms, office space and an elevated indoor running and walking track. The town has also promised the American Legion Greenlawn Post 1244 a designated area to run as a veterans canteen.

“A couple of months ago my mother and I went down to Town Hall to view the plans that are going to be on display today, and we were just blown away,” said Conte’s daughter Sarah at the time of the unveiling. “This is exaI amctly what my father would have wanted for this community. Myself and my family are so honored to be here and to have this named after him. We know he would be honored as well.”

The first set of architects had suggested possible outdoor uses for the 3.6-acre site could include an amphitheater, meditation gardens, a spiritual walkway and bench seating.

It’s unclear which of these features may be eliminated or reduced in an effort to keep the project costs within its remaining $9 million budget, but BBS is expected to present its revised plans to the town board in the future.

Town of Huntington will host a Organ Donor Enrollment Day Oct. 10. File photo by Rohma Abbas

The Town of Huntington’s new administration made a second wave of staffing changes at its Aug. 7 meeting, reinstating some positions, while abolishing others.

Huntington Supervisor Chad Lupinacci (R) sponsored a resolution last week that reinstated nine job titles with a total annual salary of $284,921 while also creating 14 new positions for a total of $272,413. The bill also cut nine staffing positions, which is estimated to save more than $268,000 annually.

We look at the different departments, I’ve been in office seven months now to see what has been working and what isn’t working.”

– Chad Lupinacci

“We look at the different departments, I’ve been in office seven months now to see what has been working and what isn’t working,” Lupinacci said.

A second bill put forth by the supervisor appointed nine individuals to the newly created positions, many of which are exempt from taking civil service tests. Both pieces of legislation passed by a narrow 3-2 vote, split on party lines with Councilman Mark Cuthbertson (D) and Councilwoman Joan Cergol (D) voting against. They accused the board’s hiring process for these position of lacking in transparency and reeking of political nepotism.

We are seeing chapter two of the Republican patronage playbook at work,” Cuthbertson said, denouncing the legislation. “A slew of positions are being created that require no civil service test. These are patronage jobs — plain and simple.”

The councilman reported he and Cergol weren’t included in the hiring process, stating he had seen only one candidate’s résumé prior to the town board meeting and questioned if those appointments had proper qualifications.

We are seeing chapter two of the Republican patronage playbook at work.”

— Mark Cuthbertson

Councilman Gene Cook (R) voiced support for Lupinacci’s appointments, stating the changes were needed in order for town government to run efficiently.

“In the past month or two, I’ve had nothing but complaints against the people in the building department,” he said. “I’ve had the same thing with the planning department. There’s been a number of issues and people deserve better.”

As part of the staffing changes, Joseph Cline, who has served as Huntington’s director of engineering services, was demoted to deputy while maintaining his $138,375 salary. Cline will be replaced by Daniel Martin, who will make more than $146,500 a year. He was appointed to serve as a Suffolk County Supreme Court judge since 2010 before becoming a deputy town attorney.

Lupinacci said he stood by the newly hired and appointed employees based on their skills and merit. Of the nine appointments made Aug. 7, five are new hires and four individuals were already employed by the town but are taking on new roles for which they will receive an additional stipend.

There’s been a number of issues and people deserve better.

— Gene Cook

Cuthbertson previously criticized Lupinacci’s February appointments for going to “11 white Republican males” many of whom had previously campaigned on the party line for various government positions. The councilman argued this second wave of appointments will also have a negative fiscal impact on the town.

“This is gravely wrong from a fiscal and budget standpoint,” Cuthbertson said.

He estimated many of the newly created positions would cost the town approximately $40,000 a year in benefits including health care insurance and retirement benefits.

The town will pull roughly $265,000 from its contingency funds in order to fill the new positions.

“Where is the transparency you promised?”

— Joan Cergol

Cergol voted against the move, calling it a “dizzying array of personnel maneuvers that mystify even those of us used to looking at these resolutions, let alone the public.” She also questioned the hiring process used.

“Where is the transparency you promised?” Cergol said.

She said the resolution Lupinacci presented to board members on the Friday before their meeting had dramatically changed by Tuesday afternoon without explanation.

Among those who will be leaving Town Hall include: John Coraor, director of cultural affairs; Rob Reichert, deputy director of planning; and Jake Turner, the deputy director of engineering services.

The town will be looking to fill three openings that have resulted due to these promotions or being newly created, according to town spokeswoman Lauren Lembo, including an entry-level auto mechanic, an audio-visual production specialist and a plumbing inspector position by civil service candidates.

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

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

By Sara-Megan Walsh & Alex Petroski

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

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

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

Port Jefferson Power Station. File photo by Alex Petroski

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

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

Port Jeff school district also responded to the development.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

— Robert Banzer

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

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

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

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

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

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

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