Grand Jury Report Critical of Smithtown Town Government's Supervision of Commercial Property Demolition

February 7, 2012

Grand Jury report critical of Smithtown town government’s supervision  of commercial property demolition

Photo by Paul J. Bereswill for The New York TimesA 40 page report issued by a Suffolk Grand Jury is critical of the manner in which the demolition of a commercial parcel in Smithtown occurred, concluding that certain Town employees pressured the parcel’s owner to raze the site in violation of state and local law.  The report determined that a number of legitimate safety issues were created by the unlawful demolition.

The report is critical of the actions of Town Employees “A” and “C”, each of whom was found to have pressured the developer to unlawfully demolish the site.  The Grand Jury determined that both Employee “A” and Employee “C” were aware that the prospective demolition lacked lawful permits and had also been issued a Building Department Stop Work Order.

Among the consequences of these actions was the Grand Jury’s determination that the unsupervised demolition “constituted an utter disregard for the well-being of local citizens”, noting that residents living adjacent to the parcel were given no advance notice of the action.  Equally troubling were findings that the commercial site was demolished with asbestos within its structures.  The Grand Jury found that asbestos abatement documentation previously furnished to the Town “was insufficient in all respects”, and that the Town’s failure to recognize significant issues with this documentation was a contributing factor to problems that arose as a result of the demolition.

The Grand Jury also determined that Employee “C” championed a property tax assessment reduction of approximately $40,000 for the unlawful demolition, but ultimately demurred when it became apparent the District Attorney’s Office was investigating.  Employee “C” was found to have issued misleading internal Town correspondences in a subsequent attempt to disavow personal involvement with the demolition.  The Town eventually granted the developer a more modest tax adjustment of $4,000. 

The report concluded that summonses issued to the developer post-demolition resulted in a fine of $3,500.

Among the other conclusions published in its report, the Grand Jury found that the Smithtown Code of Ethics fails to mandate that town employees report activities known to violate the town code to an appropriate town department or authority and that the ethics code does not adequately provide for the removal of its public servants, currently addressing the removal of “a limited category of appointed officials” upon violation of the code, “a provision that fails to cover all public servants”.  

The legislative actions recommended by the grand jury in its report include:

Smithtown must increase fines to, at a minimum, at least double a site plan application fee, to discourage developers and builders who fail to obtain site plan approval,

Smithtown must amend and increase the town’s fine schedule for demolition or construction occurring in the town without proper building department permits,

Smithtown must enact legislation establishing an independent Board of Site Plan Review to ensure “that the legal mandates of site plan review are enforced”.   Currently town board members serve in this capacity.

Smithtown must amend the town code requiring property owners adjacent to a construction or demolition project be notified to allow them to be heard.

Smithtown must amend the town’s Code of Ethics to mandate any public servant with personal knowledge of the violation of town code “has an affirmative obligation” to report it the appropriate town department.

Smithtown must adopt a statute authorizing the removal of any public servant “who engages in misconduct” consistent with the provisions of New York State’s Public Officers Law. 

Administrative changes recommended by grand jurors include requiring town building inspectors and clerical staff to receive training in asbestos inspection and abatement and establishing protocols for the building department’s notification to town officials when a Stop Work order is issued.  The report also calls on Smithtown to identify and sanction commercial demolition and construction contractors who proceed on projects without verifying the proper permits have been issued.

Calling on town officials to refrain from interceding in commercial projects “in a manner that undermines the town code”, the Grand Jury recommended the town obtain an “independent review” by the state of the Office of Town Assessor to insure all properties are assessed “on a uniform and equitable basis” and that Smithtown “audit the practices and procedures administer by the town Assessor “particularly…the assessment of commercial properties”.           

One of the roles of the grand jury, District Attorney Thomas Spota observed, “is to investigate and propose recommendations for legislative, executive or administrative action in the public interest.  These findings and recommendations are based upon the credible evidence grand jurors reviewed during their six month investigation.”

The grand jury may submit to the court by which it was impaneled a report proposing recommendations for legislative, executive or administrative action in the public interest based upon stated findings. This grand jury report and the minutes of grand jury proceedings were submitted to the court for examination.   The court issued an order accepting and filing the report as a public record in accordance with New York State Law.

Click on link for Full Report

Wrong Way Driver On Sunken Meadow Parkway

(photo NYS Police) Walter TortoraOn 1/29/12 at 1:45 AM, Troopers responded to a report of a wrong way driver on the Sunken Meadow Parkway, southbound in the northbound lanes near Pulaski Road.  Responding Troopers observed a gray Mini-Cooper driving southbound in the northbound  lanes coming to a slow stop between Pulaski Road and Route 25.  While interviewing the vehicle operator, Walter Tortora, age 35, of New Hyde Park NY, Troopers observed him to have bloodshot, watery eyes, and impaired motor coordination.  Mr. Tortora was also incoherent and had slurred speech.  He was subsequently arrested for DWI.

The defendant later admitted to smoking marihuana and taking Valium earlier in the evening.  Mr. Tortora was also found to possess a small amount of Valium(4 pills) on his person.  Mr. Tortora was arrested for DWI Drugs, Criminal Possession of a Controlled Substance 7th Degree(A Misd.), and traffic violations.  All charges returnable in Suffolk County First District Court.

Editorial - Kings Park BOE - Moving The District Forward

Our kudos go to the people who showed-up to express rational opinions at the Kings Park Board of Education (BOE) meeting on January 17.   There were many people in the audience who expressed real concerns about transportation issues and contract negotiations.   Sitting in an audience and realizing that a decision is already made, and that your comments will not be considered is extremely frustrating.

While the audience was there for many reasons, spelling bee contestants, Intel Semifinalists, the budget, transportation,  the most vocal group was there to confront the board about extending Superintendent Agruso’s contract.

Some members of the BOE seemed surprised by the rude and aggressive behavior by some members of the audience.  Agendas go online when they are created; board meetings are video taped and available to the public. “Where have these people been? We have Board meetings and the public rarely shows up. I have not received phone calls or emails from any of the people who showed up tonight. Not one person called to express concern about the contract extension. Where have they been?” Said Board member Marie Goldstein. 

Last minute agendas encourage a sense of clandestine activity.  Even worse than a last minute agenda is the behind the scene gossip and texting about dastardly deeds that are taking place covertly when something unexpected appears on an agenda. It seems for some people in the audience that is exactly what happened.  They were of the mindset that behind the scenes, Board members William Motherway, Marie Goldstein and Tom Locascio, conspired to extend the school superintendent’s contract without listening to the voices of two of the board members, Steve Weber and Liz Barrett. “Not so, we determined last year that we would extend the contract and that we would put it on the agenda in January.  This should not have surprised anyone on the board. This was discussed.” Said  Marie Goldstein.

There was a coordinated effort to stop this vote.  Flyers, which included phone numbers and email addresses of board members were handed out throughout the district. Some people in the audience pointed to Board member Steve Weber as the coordinator of the “stop the contract extension movement”.  Steve Weber in a phone conversation denied this, “I did not give out flyers nor did I encourage people to attend this particular meeting.  I always support participation by the public.  I believe in it. I believe that a written evaluation is an important part of the process and I did not expect to extend the Superintendent’s contract without it.”

Left out of the discussion, was why three Board of Education members would violate the trust of parents and the relationship of all the board members by voting on something that was never discussed.  The answer, in my opinion, is they wouldn’t.

I do not know what transpired in executive board meetings or at the retreat the board members attended.  What I do know for certain is that there are mechanisms in place to prevent the chaos that occurred at the board meeting.  The minutes went out to board members and there was ample opportunity to question the agenda.  There was ample opportunity to request an item be removed or to call for an executive session to discuss the matter.  That didn’t happen and it should have! 

Instead what transpired was sad.  Two members, Ms. Barrett and Mr. Weber, voted “no” to the contract extension on the grounds that a job performance evaluation was not done. Despite the fact that there is an evaluation for Dr. Agruso that is less than a year old. The vote was three-two in favor of the contract extension. Members of the audience left unhappy and angry with Board members.

It is obvious that the members of the Board of Education suffered a set back.  Not because there was a difference of opinion, that happens.  The problem now is that there is a lack of trust amongst the members and people in the district. 

In the end it is the value the Superintendent brings to the district.  Are things better under Dr. Agruso’s leadership?  Marie Goldstein said it best, “I voted yes for 4,106 reasons, our students. The ability to maximize our children’s educational experience is what is most important. I was not always a fan of Dr. Agruso’s, but she has showed her commitment to our students and their future. I support that.”

I couldn’t agree more.  Time to do damage control and get on with the business of education.

Pat

Welcome Home Sgt. Matthew O'Malley

January 26^th was a very special day for Smithtown students Keeley O’Malley, a fourth grader at Mt. Pleasant Elementary and her brother Connor, 6^th grader at Great Hollow Middle School.  Their dad, Sgt. Matthew O’Malley, returned from Afghanistan and surprised them at school.  Sgt. O’Malley answered questions in Mr. Jackowski’s 4^th grade class and explained to the students how important the American Flag is.  He said it is a symbol that reminds soldiers of home.  He encouraged them to keep remembering our servicemen and women as they say the pledge in school each day.  The staff at Mt. Pleasant also took part in the celebration by making banners and lending their photography expertise. 

Michael Guadagno - Eagle Scout

January 24, 2012: Smithtown is home to many active Scouting Troops.  Recently, both Troop 7 of St. James and Troop 349 of Nesconset hosted Eagle Courts of Honor, which are a solemn and significant event not only for the Eagle Scout, but for the whole troop.On Thursday, January 19, 2012, several family members, scout leaders and community representatives gathered to acknowledge the proud work of Michael Guadagno, son of John and Anne Guadagno of St. James.  Michael worked with the Scouting Committee to draw plans, raise funding, and ultimately construct a handicapped accessible ramp for the rectory at Saints Phillip and James Church.  Michael’s work will have a lasting positive impact on all of the parish members.