Smithtown Town Board Regular Meeting – March 19, 2026

The Smithtown Town Board held a regular meeting on March 19, 2026, at 2:00 PM in the Victor T. Liss Board Room. The meeting included two public hearings, adoption of a consent agenda and numerous resolutions, and a public comment period covering several community issues. All votes were unanimous (5-0) unless otherwise noted.

Public Hearing – Truck Exclusions (Local Law #5-2026)

• Assistant Town Attorney Rachel Lenberger presented proposed amendments to Chapter TC5-1 regarding truck exclusions. The amendments would allow trucks, commercial vehicles, tractors, and tractor-trailer combinations to operate on restricted roadways when actively engaged in making a local delivery, and replace "unladen weight" with "gross vehicle weight rating." No residents spoke. The hearing was closed unanimously (Resolution 2026-332).

Public Hearing – Parking Permit Registrations (Local Law #6-2026)

• Assistant Town Attorney Rachel Lenberger presented proposed amendments to Chapter TC4-2, removing the requirement for a physical parking permit sticker and replacing it with an electronic system where a valid parking permit registration is on file with the Town Clerk’s office. The public hearing drew significant testimony:
  • Joni Seeling (331 Landing Ave, Smithtown) asked about the $5 fee. The Board clarified it is a one-time $5 annual processing fee per vehicle, not per visit. Seniors over 65 and veterans are free. Credit card payments may incur an additional fee.
  • Helen Mustapich (214 7th St, St. James) expressed that the annual fee is "ridiculous" and argued it will increase; she noted families who cannot afford vacations rely on town beaches.
  • Robert Kuebler (254 Grant Ave, St. James) expressed concern about additional fees, noting slip holders will pay $5 per vehicle (e.g., three vehicles = $15). He reminisced about free access in the past.
  • Patty Stoddard (400 Gibbs Pond Rd, Nesconset) asked about out-of-town visitors at parks and libraries; the Board explained a $12 fee for non-resident vehicles, which would be handled through recreation department permits.
  • Susan Daly (16 Melrose Lane, Commack) questioned enforcement at the Kings Park train station (Board indicated no sticker needed) and at Hoyt Farm (non-residents pay $12 year-round even off-season). She felt the policy has "a lot of holes."
  • Anita Castorina (3 Spruce St, Smithtown) criticized the Board’s attitude and the hiring of Mr. Smith, calling the fee a "great imposition" and expressing greed. Her remarks were partially ruled out of order.
  • Irwin Izen (17 Horseshoe Lane, Commack) raised concerns about street parking near Hoyt Farm due to the $12 admission charge.
  • The hearing was closed unanimously (Resolution 2026-333). The Board noted that other municipalities (e.g., Huntington) charge $40 per season.

Advertise for Public Hearing

• The Board authorized advertisement for a public hearing on April 7, 2026, at 2:00 PM to consider Special Exception #2026-01 (Prospect Sports Partners, LLC) for commercial public recreation on approximately 44.57 acres on Old Northport Road, Kings Park (Resolution 2026-334).

Consent Calendar

• Minutes Approval: March 3, 2026 meeting minutes accepted.
• Comptroller Items (9): Various fund transfers, including $120,000 for park improvements, $2,261 for animal shelter capital (ASPCA grant), and adjustments for ambulance revenue and tree canopy improvements.
• Resolutions: Approval for staff attendance at a Lunch & Learn event, amendment to the 2025 Highway Road Program, and a one-month loader bucket rental for the Highway Department.

All consent items adopted unanimously.

Resolutions (Votes on Individual Items)

The Board adopted a series of resolutions unanimously:

• Bids Authorized for Advertisement: Arts and crafts supplies, sporting goods, town hall exterior repairs, Caleb Smith House roof replacement, MSF roof/siding replacement, swimming pool services, and traffic sign materials.
• Bids Awarded: Concrete curbs/sidewalks to DeAl Concrete Corp., asphalt resurfacing to Suffolk Paving Corp., black polyethylene bags to Interboro Packaging Corp., and Central Business District parking lot improvements to Dicor Construction Inc.
• Approvals: Budget allocation agreements ($40,000 each) to four arts organizations; extensions for automotive rebuilding, outboard motors, mobile concession sales, tort claims management, flooring installation, fuel monitoring, and organic facilities reporting; termination of agreements with Spatialest Inc. and Pitney Bowes; acceptance of a Draft Environmental Impact Statement for Watermill Suites (public comment through May 1, 2026); appointment of Kelly Zambrano as Petty Cash Officer; sale of surplus equipment; grant applications for DOJ police technology/equipment ($886,343), NYS Archives records conversion ($150,000, no local match), and FY27 road rehabilitation (Sunken Meadow, St. Johnland, Southern Blvd, Gibbs Pond); agreements for fire training center use, library financing cooperation, memorial tree donation, food program MOU with Island Harvest, termination of Siemens performance contract, engineering services for Smithtown Landing Pool; and eight tax certiorari settlements.
• Traffic Code Amendment: No parking on Oser Avenue (both sides) from 4:00 PM to 9:00 PM on weekdays from Parkway Drive South to Adams Avenue.

Public Comments & Testimony (To Be Heard Portion)

• Louis Marcus (Hauppauge Fire District) – On behalf of the Board of Fire Commissioners, requested extension of the moratorium on lithium battery energy storage systems and urged zoning legislation to ban such facilities near schools, residences, sensitive land, houses of worship, and major transportation routes. He argued the volunteer fire service is not equipped to handle utility-scale lithium battery fires, citing the absence of a dedicated hazmat team. He submitted a white paper detailing hazards.
• Patty Stoddard – Representing concerned residents, formally requested reconsideration of the appointment of Kevin Smith as public relations assistant. She cited documented social media posts with derogatory language toward women, LGBT individuals, racial minorities, and people with disabilities, as well as prior incidents requiring public apology. She argued the role requires professionalism and public trust and that the appointment risks reputational harm and litigation.
• Tammi Palmieri (from Babylon, speaking on behalf of Smithtown friends) – Supported extending the lithium battery moratorium. She referenced a Vacaville, California ordinance that bans lithium batteries but allows safe alternatives, requiring financial assurances and analysis of thermal runaway. She noted national security concerns with Chinese-made components and submitted a RAND Corporation article.
• Mike Rosato (12 Country Oaks Dr, Kings Park) – Criticized the board for hiring Kevin Smith, alleging nepotism (Smith is boyfriend of the town’s public information officer and the supervisor's campaign team member). He also raised code violations in Kings Park industrial area, stating 75% of the area is non-compliant and fines have not been enforced. He accused the board of ignoring illegal operations. Supervisor Wehrheim denied the campaign manager claim and labeled Rosato’s statements as lies. The exchange became heated, and Rosato was removed.
• Phyllis Hart (20 Ponderosa Lane, Nesconset) – Presented a petition signed by 1,048 residents calling for Kevin Smith’s removal from the public relations position. She described his social media content as hateful and misogynistic and cited a video of him striking a younger man. She urged the board to reconsider the hire. The supervisor corrected that in 2023, Mr. Smith declined the position, not that the town canceled it.
• Mary Ann Snail (88 Roxbury Dr) – Supported the petition, noting many residents are afraid to sign publicly. She expressed that the hire is harmful to the community.
• Irwin Izen – Spoke about fiscal concerns: increased taxes, new hires despite a 10% tax increase, and questioned the need to contract out services when in-house departments exist. He called for a hiring freeze.

Supervisor Wehrheim stated that as of that day, the town had saved $153,000 in new salaries.

Key Outcomes

• Public hearings on truck exclusions and parking permit registrations were closed; the local laws will be formally adopted at a future meeting.
• The Board authorized advertisement for a public hearing on Prospect Sports Partners special exception (April 7, 2026).
• All resolutions, consent items, and personnel actions were adopted unanimously (5-0).
• The Board heard extensive public comments on lithium battery storage safety and the Kevin Smith hiring controversy but took no immediate action on these issues during the meeting.
• A petition with 1,048 signatures against the Smith hire was submitted to the Town Clerk.

The meeting adjourned at approximately [time not specified in transcript].