[0:00] [0:02] All right. [0:02] Good afternoon, everybody. [0:03] Welcome to our September 8 board meeting. [0:05] Please join us in the Pledge. [0:08] Just a moment. [0:10] I pledge allegiance to the flag of the United States of America [0:14] and to the Republic for which it stands. [0:17] One nation under God, indivisible, [0:20] with liberty and justice for all. [0:23] Roll call. [0:23] Supervisor wareheim. [0:25] Here councilman McCarthy here. [0:27] Councilwoman Nowak here. [0:28] Councilwoman Isabella here. [0:30] Councilman Lowman here. [0:33] OK, before we begin our agenda today. [0:35] [0:38] We'll probably recognize one of the outstanding public servants [0:41] who helped make the town of Smithtown [0:43] such a special place to live, work, and raise a family. [0:47] Each month, we honor an employee whose dedication, [0:49] professionalism, and character have made a meaningful impact [0:53] on our community. [0:55] Today, it's my privilege to recognize [0:57] Juliana Gomez, senior office assistant [0:59] at Smithtown senior center. [1:01] Giuliana joined the senior center in June of 2025 [1:05] and immediately demonstrated initiative, [1:08] a willingness to learn, and a genuine desire to help others. [1:12] The senior center front desk is a central point of contact [1:15] for many programs and services, and Julianna handles [1:18] a tremendous volume of calls while supporting [1:21] our administrative staff, club leaders, transportation, Meals [1:25] on Wheels, isep disability services, [1:28] and several other important programs. [1:31] She took the time to learn about each service [1:33] so she could provide accurate information, [1:35] connect seniors with the right resources, [1:38] and make sure every caller felt heard and cared for. [1:41] Giuliana is also one of the first friendly faces [1:44] our seniors see each morning. [1:46] She welcomes them, helps with grab [1:49] and go meals, pickups, assists new members with registration, [1:53] and steps in whenever her coworkers need support. [1:56] What stands out most is the way she [1:58] does it all with professionalism, [2:00] patience and a smile. [2:02] For many of our seniors, the senior center [2:04] is a place of friendship, independence and community. [2:08] Employees like Juliana are a big part [2:10] of what makes it feel that way. [2:12] On behalf of the entire town board and myself [2:15] and the residents of the town of Smithtown, [2:17] it's my privilege to recognize Juliana Gomez as our September [2:21] exceptional public servant. [2:23] Juliana, thank you for everything you do. [2:25] Congratulations Come on up. [2:35] [2:39] Congratulations Thank you so much. [2:42] Thank you. [2:43] Congratulations this is for you. [2:46] Just don't go anywhere. [2:52] Wait what happened to those flowers Oh, yeah. [2:56] Yeah we have to have the flowers. [2:58] Come on. [2:59] [3:01] I know I smell. [3:02] [3:09] Like sex. [3:10] Don't worry. [3:11] Councilwoman goes over there to see everybody again. [3:18] There we go. [3:20] Everybody all right. [3:21] There we go. [3:22] One, two. [3:23] [3:26] OK Julianna. [3:27] Thank you. [3:28] Congratulations congratulations. [3:31] Keep up the good work. [3:32] Thank you. [3:34] Thank you. [3:35] Thanks see you guys tomorrow. [3:38] Yes OK. [3:42] We have one site plan today. [3:44] There will be no presentation as it is a single, two [3:48] story, single family dwelling. [3:50] And that will be voted on at the conclusion of the agenda [3:54] this afternoon. [3:56] Deputy clerk will start sitting as board of water commissioners. [4:00] Minutes approval August 11, 2026. [4:03] Two personnel items and three controller items as they [4:06] appear on the agenda. [4:08] Councilman Lowman. [4:09] Yes, Councilman. [4:10] Yes, Councilwoman. [4:12] Yes councilman McCarthy. [4:13] Yes supervisor. [4:14] Widhalm yes. [4:16] We convene town board appointment of Julia sack [4:20] to the youth advisory board. [4:22] Term of office commencing September 9, 2026 [4:26] through December 31, 2027 for correspondence. [4:31] Smithtown kickers 5K Turkey Trot November 26, [4:36] 2020 6:08 AM to 10:30 AM, Commack High [4:40] school homecoming parade September 26, [4:43] 2020 6:01 PM until o'clock PM. [4:48] ST James festival day October 4, 2026, 7:30 AM to 5:30 PM. [4:55] Annual 911 11 naming ceremony. [4:59] September 12, 2020 6:10 AM to o'clock o'clock PM [5:03] and building department. [5:04] August 2026 report for consent agenda minutes approval August [5:10] 11, 2026 and comptroller items 1 through 21 [5:16] as they appear on the agenda. [5:18] Anyone on the town board wish to remove any resolutions [5:21] from the consent agenda. [5:22] No Mr. clerk. [5:24] Councilor Lowman. [5:25] Yes Councilwoman Isabella. [5:27] Yes Councilwoman nowack. [5:28] Yes council McCarthy yes. [5:30] Supervisor weinheimer. [5:31] Yes town board to approve the following secret matters. [5:36] Concur that the ga associates, LLC property data [5:41] integration and quality assurance project [5:43] is a secret type 2 action. [5:47] As stated in a memorandum from David [5:49] a Barnes Environmental Protection director [5:51] dated September 2, 2026. [5:55] Town board issue a secret negative declaration [5:59] determination in the matter of the application for site plan [6:02] approval by 176 Southern Boulevard LLC, Nesconset, [6:08] for reasons stated in a memorandum from David [6:10] a Barnes Environmental Protection director, [6:13] dated September 3, 2026. [6:16] Councilman Lowman. [6:17] Yes Councilwoman Cirillo. [6:19] Yes Councilwoman. [6:20] Yes Councilwoman McCarthy. [6:21] Yes supervisor. [6:22] Yes town board to authorize the town clerk to advertise for bid [6:27] 26 057 skid steer mounted. [6:31] Flail mower bid 26 056. [6:36] Boat with optional trailer. [6:38] Bid 26 058. [6:40] Cast iron drainage items. [6:42] Bid 26 059. [6:44] Lawn and garden supplies bid 20 606. [6:49] Remove and replace garage doors at MSF bid 26 053 refuse removal [6:56] from private properties. [6:59] Bid 26 050 pickleball court renovation [7:03] at Charles Pete armory park and bid [7:07] 26 063 black polyethylene bags. [7:11] Councilman Lowman. [7:12] Yes Councilwoman azarello. [7:14] Yes Councilwoman. [7:15] Yes councilman McCarthy. [7:16] Yes supervisor. [7:18] Yes town board to award bid 26 049. [7:22] Installation of splash pad at Paul j. [7:25] Fitzpatrick Smithtown landing country club to laser industries [7:30] and further authorized the supervisor to sign an agreement [7:34] on a form approved by the town attorney and bid 26 021 exterior [7:41] improvements at town Hall to GSE contracting, [7:45] and further authorized the supervisor [7:47] to sign an agreement on a form approved by the town attorney. [7:51] Councilman Lowman. [7:52] Yes Councilwoman. [7:54] Yes Councilwoman. [7:55] Yes councilor McCarthy. [7:57] Yes supervisor. [7:58] Yes town board to approve the following. [8:01] Adopt local law nine 2026. [8:05] Previously heard as proposed. [8:07] Local law 10 2026. [8:10] Amendment to chapter 215. [8:13] Peddling and soliciting with regard [8:15] to emergency scene solicitation and board up services. [8:20] Donation of time employee 005821. [8:27] Ratification of the highway superintendents. [8:30] Execution of an agreement with keyspan gas East corporation [8:35] doing business as National Grid regarding the reimbursement [8:39] of funds to the town for restoration of roads [8:41] associated with the 2026 ST James [8:45] gas main replacement project. [8:47] The addition of Boot Barn to the authorized shoe vendor [8:51] list 2026 highway road program Amendment to add meadow road [8:56] West in Kings Park and Alexander Avenue, [8:59] and Nesconset adopt local law 10 2026 [9:04] previously heard as proposed local law 11 2026 Amendment [9:09] to chapter 177 entitled solid waste management as it relates [9:15] to recyclables adopt local law 11 2026 previously heard [9:21] as proposed local law 12 2026 amendments to chapter 256 [9:26] taxation as it relates to tax exemptions [9:30] for disabled veterans. [9:32] The appointment of Julius Sachs to the youth advisory board, [9:36] 2026 highway road program Amendment to add old Indian head [9:40] road in Commack and Coolidge place in Smithtown, [9:45] town of Smithtown shall maintain all digitally created records [9:49] in their native digital format for the legally prescribed [9:53] retention period of the record by adhering [9:57] to the guidelines set forth in the regulations of [10:00] the Commissioner of Education. [10:02] Part 180 5.8 bond $507,500 financed the acquisition [10:11] and installation of computer hardware [10:13] and software improvements. [10:16] Authorized the proposal from Long Island invasive species [10:22] management area to provide access for trained conservation [10:26] dog team to conduct invasive species surveying on September [10:31] 24 and 25 at short beach and Long Beach [10:35] in Smithtown, in accordance with the proposal of August 18, 2026, [10:41] subject to the signing of a hold harmless [10:44] agreement approved on a form approved by the town attorney. [10:48] Authorization of tuition reimbursement [10:50] for Brooke Ferrara, environmental analyst [10:53] for GIS mapping class at Farmingdale State college. [10:58] Final amount of the reimbursement to be determined [11:01] on submission of a grade. [11:03] Councilman Lowman. [11:04] Yes Councilwoman zarella. [11:06] Yes Councilwoman. [11:08] Yes councilman McCarthy. [11:09] Yes supervisor. [11:10] Wehrheim yes. [11:11] Town board to issue a written consistency. [11:14] Determination that coastal consistency review 2020 604. [11:19] Jon Ackerson is consistent with the local waterfront [11:24] revitalization plan, subject to conditions stated [11:28] in the August 17, 2026 memorandum from the planning [11:33] director, Councilman Lowman. [11:35] Yes Councilwoman. [11:36] Xarello yes, Councilwoman. [11:38] Newark yes. [11:38] Councilwoman McCarthy. [11:39] Yes supervisor. [11:40] Quigley yes. [11:42] Town board to accept letter R wehrheim, town supervisor [11:46] and chief financial officer regarding municipal services, [11:51] facility, financial assurance and the report by FPM group [11:56] entitled municipal services facility phase Ii, [12:00] cell number 6, financial assurance update for fiscal year [12:05] 2025 and to direct the town clerk [12:08] to enter both documents into the official operating [12:11] record of the MSF facility. [12:15] Councilman Lowman. [12:16] Yes Councilwoman Isabella. [12:17] Yes Councilwoman nowack. [12:19] Yes Councilwoman McCarthy. [12:20] Yes supervisor. [12:21] Wertheim yes. [12:22] Town board to authorize the supervisor [12:24] to execute an agreement with Verizon [12:27] for the renewal of its cable television franchise [12:30] with the town of Smithtown for a five year term. [12:33] An agreement with the Kings Park School district for use [12:36] of the town of Smithtown. [12:39] Non-residential solid waste disposal capacity generation fee [12:43] system agreement with m NJ engineering to perform [12:49] New York State Highway law. [12:50] Section 142 42. [12:53] Semi-annual infrastructure inspection of the town's highway [12:57] infrastructure at multiple locations [13:00] within the town of Smithtown. [13:02] An agreement with Taylor productions [13:04] to provide professional production and rental services [13:08] to the town of Smithtown recreation department [13:10] for scheduled events. [13:12] In 2026, an agreement between the recreation department [13:17] and movies in the moonlight for moving screen movie screening [13:21] services at Callahan's Beach. [13:24] Councilman yes. [13:25] Councilwoman yes. [13:27] Councilwoman yes. [13:28] Councilman McCarthy. [13:30] Yes supervisor. [13:31] Yes town board to approve settlement. [13:34] Matthew Naples versus town of Smithtown and Tracy Lee. [13:39] Shaw versus town of Smithtown. [13:41] Councilman Lowman. [13:42] Yes Councilwoman. [13:43] Mozzarella yes. [13:44] Councilwoman yes. [13:45] Councilwoman McCarthy. [13:46] Yes supervisor. [13:47] Widhalm yes. [13:48] Personnel matters a through O as they appear on the agenda. [13:54] Councilman lowman? [13:55] Yes Councilwoman zarella. [13:56] Yes Councilwoman. [13:57] Yes Councilwoman McCarthy. [14:00] Yes supervisor. [14:01] Wertheim yes. [14:03] That concludes resolutions on the agenda. [14:06] We will now resume as site plan board [14:11] a site plan review to vote on the site plan. [14:14] Minutes approval August 11, 2026 and conditionally approved. [14:18] Site plan for 176 Southern Boulevard in Nesconset [14:23] for the proposed construction of a 4123 square foot, [14:28] two story, single family dwelling [14:31] with associated site work. [14:34] Councilman Lowman. [14:35] Yes Councilwoman mazzarello. [14:36] Yes Councilwoman. [14:38] Yes councilman McCarthy. [14:39] Yes supervisor. [14:40] Wertheim yes. [14:41] That concludes our resolutions for this afternoon. [14:44] Do we have any speakers. [14:46] OK before we open up the floor for a public portion. [14:51] Public participation is subject to the rules of decorum [14:54] which you have on your speaker cards. [14:56] Its town code, Section 76.7 public portion is [15:00] for town related matters only. [15:02] Any unsubstantiated, unverified, or material false information [15:06] will be interrupted. [15:08] The three minute rule will be strictly enforced. [15:10] When you hear the tone have one minute [15:12] to conclude your statement. [15:14] Thank you. [15:15] Bob semprini. [15:18] Thank you. [15:19] You are. [15:22] Please state your name and address for the record. [15:25] OK Bob semprini. [15:26] You want the address as well. [15:27] Thank you. [15:28] 11 Delmar lane, Commack, New York. [15:30] President, Commack community association. [15:34] Before I get started, I want to make it clear that I don't come [15:36] here to what do you call it to say anybody's not doing a job [15:43] or anything else like that. [15:44] I come here for a solution. [15:45] So I just have a couple issues here. [15:48] This is a letter that I hohoff was received by the supervisor [15:53] at Wertheim and editor Smith. [15:54] This was sent out by Jordan Cox, superintendent of Commerce [15:57] school district, in regards to their serious concern [16:01] of the safety of the children, and two schools there [16:04] on Indian pardon me, in townline road. [16:08] This was left in your mailbox about a week ago for everybody. [16:11] I hope you had the opportunity to read that. [16:13] If not, if you could kindly do so. [16:16] Well, if you won't know what's going on in regards to that. [16:19] So my question would be you don't have to answer it [16:21] right now because I only have three minutes is if you have [16:24] read it, if you discuss it among yourselves, what [16:27] is your intention as far as getting together [16:29] with the superintendent and editor Smith on the Huntington [16:34] side, their town council people also received this, [16:38] so I'm hoping that you could somehow find a solution [16:41] as a group of people together. [16:43] I want to thank Matt for getting involved in the nuisance [16:47] of our residents with that serious smoke [16:50] issue which still exists. [16:52] Every weekend we've had a couple conversations. [16:54] I hope to have a few to find a solution to that as well. [16:58] For the last six Saturday mornings, I got on my patio, [17:01] got my coffee, sat out there, and all [17:03] I heard was cement being crushed and of course, the vehicles [17:10] every time they back up. [17:13] Got in my car. [17:14] Went down to what do you call it, to the location. [17:18] I happen to run into my Cox. [17:20] So we have two Cox's today who explained [17:23] to me that they were trying to fill a hole this [17:26] that the whole bit. [17:27] I have to admit, he was a bit cordial with me [17:29] so that I appreciate it. [17:30] One minute remaining. [17:31] But thank you. [17:33] But said it would last hopefully for a little bit [17:36] longer, blah blah blah blah. [17:37] Now what. [17:38] I didn't know till a couple days later [17:40] that maybe one of the reasons why I heard all of that activity [17:45] is because the tree barrier was taken down some time ago, [17:48] which is the barrier that keeps the sound on that side. [17:53] Not into where we live in the candy area. [17:57] So that was removed by them. [18:00] And I'm wondering, is that going to be replaced. [18:03] If not, why not. [18:05] And then I realized that if and correct me if I'm wrong, [18:09] that is light industry not heavy industry. [18:14] So why is that taking place anyway. [18:17] Why is that activity being taken place anyway. [18:21] So those are my questions. [18:24] If anybody whether you want to do it now [18:26] openly want to do it after the meeting. [18:28] That's fine with me after the meeting Mr. semprini, [18:33] on your questions about what's going on that property [18:38] with the town attorney, I would advise you to stay afterwards, [18:40] and he can explain and get to the bottom of that. [18:43] I will contact you. [18:45] I was contacted last week and I'm still [18:49] trying to verify the fact that town [18:53] Road has been put under the jurisdiction of Suffolk County. [19:00] And our traffic safety director has advised me [19:03] that they have advised him they want all truck [19:05] exclusion signs removed. [19:07] I don't know if that's factual. [19:09] I'm still working on an answer to find out if that's true, [19:12] but that's what I was told by traffic [19:14] safety director Mitch Crowley. [19:16] OK I know Mitch very well, so I'll find out and let you know. [19:20] I'm going to call you. [19:20] I'm going to call you as soon as I [19:22] verify that that's fact with Suffolk County [19:25] wants those signs correct. [19:27] That's what I was told by the traffic safety director [19:29] that he was contacted by them. [19:32] All right. [19:32] Because I had that conversation with him a couple of weeks ago. [19:35] But if I remember correctly, years ago you were part of it. [19:38] And we had those signs changed that the East side [19:41] of that double yellow line, even though it was a County Road, [19:44] the jurisdiction belonged to Smithtown [19:46] and the opposite was Huntington. [19:48] So that changed. [19:49] Again, I'm trying to ascertain. [19:51] That's what I'm being told, but I haven't. [19:53] It just happened last week and then we had the holiday weekend. [19:56] So as soon as I verify whether or not that's fact, [19:59] I will let you know. [20:00] OK will it be an opportunity also to have that barrier that [20:03] was removed cannot be replaced. [20:06] I'm going to ask Mitchell Crowley to give me [20:10] all the information on it so I can ascertain exactly [20:12] what happened was unbeknownst to me, [20:14] I was never contacted by the County. [20:16] He contacted me and said he was contacted by the County. [20:19] So I'll get to the bottom of it. [20:20] OK thank you. [20:21] You're welcome. [20:23] No other speakers. [20:24] Then I will move to close. [20:26] Second supervisor Wertheim. [20:28] Yes council McCarthy yes. [20:30] Councilwoman yes. [20:31] Councilwoman mozzarella. [20:32] Yes councilman. [20:34] Lowman yes. [20:35] OK thank you all for attending this afternoon. [20:38]