Good Evening, Mr. Supervisor and Town Board Members

(Richard Macellaro read this statement before the Town Board on Thursday, Feb. 23, 2012)

My name is Richard S. Macellaro and I have been a resident of Kings Park for a little more than 20 years. I am here this evening to discuss the findings and recommendations of the Grand Jury Investigation, released on February 7th, by the Suffolk County District Attorney Tom Spota. The report describes the improper and unethical actions by Members of the Smithtown Town Government regarding the demolished former Nassau Suffolk Lumberyard (Commercial Parcel A) on Main Street. The unlawful demolition did not adhere to accepted protocol for the asbestos removal and therefore endangered the health of Smithtown residents. The Town Government is sworn to protect the health and welfare of its citizens!

As editorialized in the Smithtown News, “according to the (Grand Jury) report (Town Officials) offered a tax incentive package to Developer A if he hurried the demolition prior to the March 1, 2009 tax-status date. The removal of the buildings would have lowered the assessment on the land by $40,000, but since only woodsheds and a storage building were finally demolished, the assessment reduction was a tenth of that amount, $4,000.”  Given the current and past financial crisis, elected officials must attempt to insure that corporations and individuals pay their fair share of taxes.  The Grand Jury Report further determined, “The unlawful demolition secured an immediate financial advantage for Developer A, to the disadvantage of the Town and others. “The Town Government should not conspire to reduce tax levies for businesses and friends, at the expense of its citizens! Testimony in the Grand Jury Report says that Employee A’s intentions were to have something to use for his re-election campaign… a clear abuse of political power for personal profit.

The Town Government was more concerned about politics than governance. In Newsday’s February 7th edition, an article entitled, “Grand Jury: No Criminality in Smithtown Case,” reports no one will be charged.  While paying fines, issuing “a host of summonses,” circumventing Town Codes, political expedience and the “ utter disregard for residents health and safety,” may not constitute “no finding of criminal activity,” however, therein lies the problem. Town Ethics Code Deficiencies still exist as stated in the Grand Jury Report. The people of Smithtown have a right to know which town officials knew what and when, and failed to speak out.

Finally, the Grand Jury Report recommends, the following actions:  “in order to protect the laws of, and required of the Town of Smithtown and the best interests of it citizens.”

 The Town of Smithtown must:

—Amend the Code of Ethics to mandate that any public servant who has personal

  knowledge concerning an activity known to be in violation of Town Code, has an

  affirmative obligation to immediately report that violation to the appropriate Town

  Department.

—Adopt a statue that authorizes the removal of any public servant who engages in

  misconduct, malfeasance or nonfeasance in public office, consistent with the provisions

  of New York State Public Officers Law Section 36.“

—Amend its fine schedule established in the Smithtown Town Code for violations.

—Amend and enhance its fine schedule with respect to demolition or construction that

  occurs in the Town without a Town Building Department permit.

—Enact Legislation which allows for the appointment of an independent Board of Site

   Plan Review.

I hope that the Town Council Supervisor and its Members will consider the Grand Jury’s

recommends and take the necessary time and course of action to examine and investigate

this seemingly growing out of control situation, by requiring the Smithtown Ethics Board

to commence an investigation, and to publicly announce so, no later than March 6th,

2012.

Thank you.

Richard Macellaro