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Record of Proceedings

Smithtown Town Board Regular Meeting - April 23, 2026

Town Board — Thursday, April 23, 2026
BodySmithtown, New York
SessionTown Board
DateThursday, April 23, 2026
StatusFILED
Video Record
0:00 / 25:28

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0:00

Everybody, welcome to our April 23rd board meeting.

0:04

Uh join us for the Pledge of Allegiance.

0:07

I plug the leaders for the flag.

0:10

Thank you.

0:16

Invisible.

0:19

Roll call.

0:20

Supervisor Wilhelm.

0:21

Here.

0:21

Councilman McCarthy.

0:22

Here.

0:23

Councilwoman Miller.

0:24

Here.

0:24

Councilwoman and Zerolo.

0:26

Here.

0:28

Okay, we'll begin this afternoon sitting as Board of Water Commissioners.

0:32

Deputy Clerk.

0:33

Minutes approval April 7, 2026.

0:37

Extension of bid 25026 for water meter supplies with Rio Supply Inc of New York and T Mina Supply.

0:46

Release Escrow Oakwood Building Group Plymouth Estates and further authorize a budget modification.

0:54

Supervisor to sign an agreement on a form approved by the town attorney with upstate leak detection to provide leak detection for the Smithtown and St.

1:03

James Water Districts and two budget transfers.

1:08

Councilwoman Zarola?

1:10

Yes.

1:10

Councilwoman Lowick.

1:11

Yes.

1:12

Councilman McCarthy?

1:13

Yes.

1:13

Supervisor Wilhai.

1:14

Yes.

1:15

Reconvene as town board.

1:16

For correspondence, Saints Phillips and James Carnival, June 11 to June 13, 5 p.m.

1:24

to 10 p.m.

1:25

and June 14, 2 p.m.

1:27

to 10 p.m.

1:28

Subject to conditions in a memorandum from Thomas J.

1:32

Loman, Public Safety Director.

1:36

There's one public hearing today to please to be presented by Simone Freeman.

1:47

Good afternoon, supervisor and members of the board.

1:50

The purpose of this public hearing is for the board to consider an amendment to town code section 324 entitled Moratorium on Battery Energy Storage Systems to extend the moratorium initially adopted on September 19, 2024 and extended and extended through August 12, 2025 for an additional six-month period.

2:10

At this time and extension of the moratorium is necessary for the Smithtown Fire Chiefs Council and staff to continue to vet and consider an ICER as battery energy storage system guidebook and the new amendments to the building and fire code.

2:25

Therefore, it would be premature to allow the moratorium to expire at this point.

2:29

Additionally, it should be noted that this uh proposed extension was forwarded to the South County Planning Commission and they are still under review.

2:37

So in the event that you would in the event that they deny it as they had previous requests, you would need to adopt by if you go forward, you need to adopt by a supermajority of the board.

2:49

Okay, thank you.

2:51

So we are waiting on some county planning commission as well, and then we can have a vote on this if they respond back.

2:56

Yes.

2:56

Okay, thank you very much.

2:57

Any question by the board?

2:58

No.

2:58

No, thank you.

2:59

Anyone in the audience wish to be heard on this public hearing?

3:02

There being none, move to close.

3:04

Thank you.

3:04

Supervisor Wilhelm?

3:06

Yes.

3:06

Councilman McCarthy.

3:07

Yes.

3:08

Councilwoman Noick?

3:09

Yes.

3:09

Councilwoman and Zarolla.

Discussion Breakdown — Share of Meeting
Procedural███████████████████████████████31%
Transportation Safety███████████████████19%
Community Engagement█████████████████17%
Public Safety████████████12%
Parks and Recreation███████7%
Water And Wastewater Management██████6%
Environmental Protection████4%
Public Engagement████4%
Summary of Proceedings

Smithtown Town Board Regular Meeting - April 23, 2026

The Smithtown Town Board held its regular meeting on Thursday, April 23, 2026, at 2:00 PM in the Victor T. Liss Board Room. The board conducted a public hearing, authorized advertisement for a future public hearing, approved a large consent agenda, and passed numerous resolutions, including zoning changes, budget transfers, bid awards, personnel actions, and fee increases. All votes were unanimous (4-0) with Councilman Thomas Lohmann Sr. absent.

Consent Calendar

  • Minutes Approval: Approved the minutes from April 7, 2026.
  • Comptroller Items: Approved 21 budget transfers and modifications across various funds (e.g., Public Safety, Traffic Safety, Highway, ARPA funds) to close 2025 accounting records and reallocate funds for operations.
  • Resolutions:
    • Authorized Frank Esposito to attend the OpenGov Enterprise Asset Management Admin Certification and Conference from April 26-28, 2026.
    • Approved a list of vehicles/equipment to be auctioned.

Public Comments & Testimony

  • Steve Beyond (49 Sunny Road, St. James) – A 25-year volunteer firefighter and captain in the St. James Fire Department raised unresolved public safety hazards at East End Court, including 4,000 gallons of buried propane serving multiple homes without confirmed fire safety inspection, lack of wire verification, and a vanishing conservation easement. He noted that on April 21, 2026, the fire department responded to a reported structure fire and the chiefs were unaware of the buried propane. He urged immediate board action.
  • Bob Semprini (President, Comac Community Association) – Requested the board address heavy truck traffic on Town Line Road, a narrow 37-foot-wide county road serving over 120 homes, a church, and nearly 3,000 students attending Voltage schools. He noted that previous efforts were blocked by Huntington Town officials, but has contacted two Huntington council members who are willing to cooperate. Supervisor Wehrheim agreed to recontact Huntington's supervisor.
  • Erica Rainier (477 North Country Road, St. James) – Expressed concern about recent public discord among board members and urged decorum and team unity, emphasizing the importance of integrity for the community and children.
  • Priya Kapoor (Executive Director, Smithtown Historical Society) – Thanked the Parks and Highway Departments for promptly resolving a neighbor dispute by planting 20-foot trees along a trail to provide privacy, noting the town's excellent response within hours.

Discussion Items

  • Public Hearing – Proposed Local Law #7-2026 (Moratorium on Battery Energy Storage Systems): Simone Freeman (staff) presented the need for an extension of the moratorium initially adopted September 19, 2024, and extended through August 12, 2025. The extension is necessary for the Smithtown Fire Chiefs Council and staff to review NYS Energy’s battery storage guidebook and new building/fire code amendments. The proposal was forwarded to the Suffolk County Planning Commission, which is still under review; if denied, adoption would require a supermajority. No public comments were received. The board unanimously closed the hearing.
  • Advertise for Public Hearing: Authorized the Town Clerk to advertise for a public hearing on May 5, 2026, at 2:00 PM to consider Proposed Local Law #10-2026, amending Chapter 215 (Peddling and Soliciting) to regulate emergency scene solicitation and board-up services, including a four-hour post-emergency solicitation restriction and prohibition on following emergency vehicles.

Key Outcomes

  • Public Hearing Closed (Resolution 2026-388): Unanimous vote to close the hearing on the battery storage moratorium extension; board will consider adoption after Suffolk County Planning Commission response.
  • Advertise for Public Hearing (Resolution 2026-389): Unanimous approval to advertise for the May 5 hearing on emergency scene solicitation.
  • SEQRA Negative Declaration (Resolution 2026-413): Issued a determination of non-significance for Special Exception #2026-01 (Prospect Sports Partners) for commercial public recreation at Old Northport Road, Kings Park.
  • Bid Authorizations: Authorized advertisement for Disposal of Screened Fill (May 14), Planting of Street Trees (May 21), and Athletic Field Marking Paint (May 14).
  • Bid Awards: Awarded bids for Traffic Sign Materials (to multiple vendors), Arts and Crafts Supplies (to S&S Worldwide, Pyramid School Products, Discount School Supplies), and Sporting Goods (to BSN Sports, S&S Worldwide, Pyramid School Products).
  • Extensions and Agreements: Extended contracts for traffic signal maintenance (Hinck Electrical), electrical maintenance (Greg Smith Electrical), vending machines (Dover Gourmet through Dec 1, 2026), sump maintenance (Integrity Tree Care through May 31, 2027), and approved a SafetySkills training subscription (auto-renew).
  • Highway Program: Added Marvin Drive in Kings Park to the 2026 Highway Road Program.
  • Downtown Revitalization: Supported an application by Celebrate St. James Past-Present-Future, Inc. for Suffolk County Downtown Revitalization Program Round 24 to create a St. James Village Plaza; authorized the Supervisor to sign documents.
  • Appointment: Daniel Pagano appointed to the Board of Assessment (term April 24, 2026 – Dec 31, 2030).
  • Grant Actions: Rescinded Resolution #2025-812 (declining a $162,500 Suffolk County Water Quality grant for Cordwood Path) and formally declined a $462,500 NYS Water Quality Improvement Program grant for the same project.
  • Settlement: Approved a $5,067.95 settlement in The Black Car Fund a/s/o Angelo Bernadin.
  • Zoning Change: Approved Zone Change Petition #2026-01 by Prospect Sports Partners, LLC for a special exception amendment for commercial public recreation on approximately 44.57 acres on Old Northport Road, Kings Park.
  • Fire Training Agreements: Authorized agreements with Ronkonkoma and Farmingville Fire Districts to use the Edward Mankuski Fire Training Center through Dec 31, 2028.
  • Senior Center Renovation: Authorized an agreement with Maccarone Plumbing Inc. for men's bathroom renovations at the Senior Center.
  • Pollution Prevention: Authorized the Department of Environment and Waterways to apply to the NYS Pollution Prevention Institute.
  • Traffic Code Amendments: Adopted Local Law #4-2026 (parking permit registrations) and Local Law #5-2026 (truck exclusions, updating weight limits from unladen weight to Gross Vehicle Weight Rating).
  • No Standing Restriction: Added a No Standing restriction at Veterans Memorial Park, Moriches Road, at the emergency maintenance gate at the soccer fields.
  • Levy of Costs: Approved a $92,227 levy against property at 20 Dawson Avenue, Kings Park, for code violation remediation.
  • Resident Card Fee Increase: Approved increases for two-year resident cards: Junior (ages 2-12) $30, Adult (13-61) $35, Senior (62+) $30, Disabled/TOS Volunteer Firefighters/Veterans $30.
  • USGS Instrumentation: Authorized the US Geological Survey to install instrumentation at Landing Avenue Park for data collection.
  • Bid Rejection: Rejected all bids for roof replacement at Caleb Smith House (Bid #26-026).
  • Personnel Actions: Approved 13 personnel items, including changes in status, seasonal appointments (Rec Aides, Lifeguards, Laborers, etc.), full-time and part-time hires, promotions, and returns from medical leave. Notable: Robert J. Hansen appointed Harbormaster I ($29.91/hr), Kieran Grayson, Johnathan Eck, and Kristina Owad appointed Dispatchers ($26.69/hr), Megan Trezza appointed Office Assistant ($22.33/hr), Karen Nustad promoted to Administrative Assistant ($33.77/hr).

Meeting Transcript

Everybody, welcome to our April 23rd board meeting. Uh join us for the Pledge of Allegiance. I plug the leaders for the flag. Thank you. Invisible. Roll call. Supervisor Wilhelm. Here. Councilman McCarthy. Here. Councilwoman Miller. Here. Councilwoman and Zerolo. Here. Okay, we'll begin this afternoon sitting as Board of Water Commissioners. Deputy Clerk. Minutes approval April 7, 2026. Extension of bid 25026 for water meter supplies with Rio Supply Inc of New York and T Mina Supply. Release Escrow Oakwood Building Group Plymouth Estates and further authorize a budget modification. Supervisor to sign an agreement on a form approved by the town attorney with upstate leak detection to provide leak detection for the Smithtown and St. James Water Districts and two budget transfers. Councilwoman Zarola? Yes. Councilwoman Lowick. Yes. Councilman McCarthy? Yes. Supervisor Wilhai. Yes. Reconvene as town board. For correspondence, Saints Phillips and James Carnival, June 11 to June 13, 5 p.m. to 10 p.m. and June 14, 2 p.m. to 10 p.m. Subject to conditions in a memorandum from Thomas J. Loman, Public Safety Director. There's one public hearing today to please to be presented by Simone Freeman. Good afternoon, supervisor and members of the board. The purpose of this public hearing is for the board to consider an amendment to town code section 324 entitled Moratorium on Battery Energy Storage Systems to extend the moratorium initially adopted on September 19, 2024 and extended and extended through August 12, 2025 for an additional six-month period. At this time and extension of the moratorium is necessary for the Smithtown Fire Chiefs Council and staff to continue to vet and consider an ICER as battery energy storage system guidebook and the new amendments to the building and fire code. Therefore, it would be premature to allow the moratorium to expire at this point. Additionally, it should be noted that this uh proposed extension was forwarded to the South County Planning Commission and they are still under review. So in the event that you would in the event that they deny it as they had previous requests, you would need to adopt by if you go forward, you need to adopt by a supermajority of the board. Okay, thank you. So we are waiting on some county planning commission as well, and then we can have a vote on this if they respond back. Yes. Okay, thank you very much. Any question by the board? No. No, thank you.

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