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Record of Proceedings

Smithtown Town Board Regular Meeting - May 5, 2026

Town Board — Tuesday, May 5, 2026
BodySmithtown, New York
SessionTown Board
DateTuesday, May 5, 2026
StatusFILED
Video Record
0:00 / 10:48

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0:00

I've pledged illusions to be able to do that.

0:09

Liberty Justice for all.

0:11

Roll call.

0:12

Supervisor Wilhelm.

0:13

Here.

0:13

Councilman McCarthy.

0:15

Councilwoman Noah.

0:16

Here.

0:16

Councilwoman Anzarello.

0:17

Here.

0:18

Councilman Loman.

0:19

Here.

0:20

Okay, we'll begin this afternoon.

0:22

Sitting is Board of Water Commissioners.

0:26

Minutes approval, April 23rd, 2026, and one transfer item.

0:31

Councilman Loman.

0:32

Yes.

0:32

Councilwoman Anzarello?

0:33

Yes.

0:34

Councilwoman Noah.

0:35

Yes.

0:35

Councilman McCarthy?

0:36

Yes.

0:36

Supervisor Wilheim.

0:38

Yes.

0:38

Reconvene is town board.

0:40

For correspondence.

0:41

Community association of St.

0:44

James, Summer Nights, July 1st, July 22nd, and August 12th.

0:51

And King's Park Chamber of Commerce, Commerce Festival Day, June 20th, 2026, 9 a.m.

0:58

to 5 p.m.

0:59

There are two public hearings today to be presented by Rachel Lindberger.

1:08

Good afternoon, supervisor, members of the town board.

1:11

The purpose of this first public hearing is to consider amendments to chapter TC7 as it relates to electric bicycles.

1:18

Also known as e-bikes.

1:20

This amendment updates the code to incorporate definitions for e-bikes consistent with the New York State Vehicle and Traffic Law.

1:27

The proposed amendment also restricts the operation of e-bikes and motorized devices in town parks and beaches.

1:33

It also authorizes seizure and impoundment of e-bikes and motorized devices unless specifically authorized by the town board and establishes redemption fees for impounded devices with increased penalties for repeat violations.

1:46

Parents or legal guardians may also be held responsible for minors who violate the section.

1:52

The purpose of the second public hearing is to consider amendments to chapter 101 as it also relates to electric bicycles.

2:00

This proposed amendment adds subsection C, which addresses e-bikes and similar motorized devices.

2:06

It establishes a general prohibition on the use of electric bikes and motorized devices in town parks and beaches unless specifically authorized by the town board.

2:16

Operation of such devices is only permitted on pedestrian walkways, paths, or trails that are expressly designated for such use.

2:23

Where such use is permitted, the law imposes several safety requirements, which include helmet requirement, a minimum operator of age 16, area limitations, and operation with due care.

2:36

Violators may be directed to leave the park property and any device used in violation may be removed and secured by the town.

2:44

Unless there are any questions, that concludes this public hearing.

2:46

Okay, we will take one at a time.

2:48

Any questions by the board on the first public hearing?

2:51

No.

2:52

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

2:56

There being none to move to close.

2:58

Second.

2:58

Supervisor Wahan.

2:59

Yes.

3:00

Councilman McCarthy?

3:01

Yes.

3:01

Councilwoman Nulick.

3:02

Yes.

3:02

Councilwomanzarello?

3:04

Yes.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████61%
Public Engagement██████████████████24%
Technology and Innovation███████████15%
Summary of Proceedings

Smithtown Town Board Regular Meeting - May 5, 2026

The Smithtown Town Board held a regular meeting on May 5, 2026, at 2:00 PM in the Victor T. Liss Board Room. The board considered two public hearings on electric bicycle regulations, authorized a public hearing on emergency scene solicitation, and approved a consent agenda, numerous resolutions, and personnel actions, all by unanimous votes.

Public Hearings

  • Local Law #8-2026 (Chapter TC7 – Off-Road Vehicles): Proposed amendment updates definitions for electric bicycles (e-bikes) consistent with New York State Vehicle and Traffic Law, restricts operation of e-bikes and motorized devices in town parks and beaches, authorizes seizure and impoundment with redemption fees and increased penalties for repeat violations, and holds parents or guardians liable for minors who violate the section. The public hearing was closed unanimously with no public testimony.
  • Local Law #9-2026 (Chapter 101 – Parks, Buildings and Grounds): Proposed amendment adds subsection C, which generally prohibits e-bikes and motorized devices in town parks and beaches unless specifically authorized by the Town Board, permits operation only on designated pedestrian walkways, paths, or trails, and imposes safety requirements (helmet, minimum operator age 16, area limitations, due care). Violators may be directed to leave and devices may be removed and secured. The public hearing was closed unanimously with no public testimony.

Advertise for Public Hearing

  • The board authorized the Town Clerk to advertise for a public hearing on Thursday, May 21, 2026, at 2:00 PM to consider Proposed Local Law #10-2026, which would amend Chapter 215 (Peddling and Soliciting) to regulate solicitation at emergency scenes and board-up services. The proposed law includes restrictions on interfering with emergency operations, approaching property owners during active response, following emergency vehicles, and misrepresentation. It also imposes a four-hour post-emergency solicitation restriction and identification requirements. Unanimously approved.

Consent Calendar

  • Approved minutes of the April 23, 2026 meeting.
  • Comptroller items: Transfer of $15,000 from account DR.5110.0472 (Dues/Conference/Training) to DR.5110.0120 (Part-Time Salaries); increase of $750 in account A.2705 (Gifts and Donations) and A.4230.494 (Special Programs) for Horizons.
  • Resolutions: Authorization for three highway staff to attend the Cornell Local Roads Program (June 1-3, 2026); amendment to the 2026 Highway Road Program adding Sandy Dr, Scott Dr, and Erita Ln; one-month rental of a Loader Bucket from Komatsu America; one-month rental of a Compact Track Loader from All Island Equipment; disposal of computers and equipment for recycling. All items adopted unanimously.

Resolutions

  • Tuition Reimbursement: Authorized tuition reimbursement for Environmental Analyst Brooke Ferreira for an Industrial Hygiene class at Farmingdale State College (Summer 2026), final amount determined upon grade submission. Unanimous.
  • Professional Services List: Added Catapano Engineering and Architecture, PC to the Town's Pre-Qualified List of Professional Service Consultants. Unanimous.
  • Downtown Revitalization Grant: Approved a statement of support and authorization to submit an application to the Suffolk County Downtown Revitalization Grant Program – Round 24 by American Legion James Ely Miller Post 833 for rehabilitation of the water feature and enhancements to Veterans Plaza on Main Street, Smithtown, with a requested $40,000. The Supervisor was authorized to sign necessary documents. Unanimous.
  • Amazon Business Prime Account: Authorized establishment of a town-wide Amazon Business Prime account through the New York Association of Towns. Unanimous.
  • Gator Utility Vehicle: Authorized Department of Environment and Waterways to purchase a Gator Utility Vehicle with Plow from John Deere & Co. Unanimous.
  • Rescind Resolution: Rescinded Resolution 2026-389 (Item ID 4538) approved at the April 23, 2026 meeting. Unanimous.
  • SEQRA Determination: Concurred that the Veterans Plaza project is a SEQRA Type II Action pursuant to 6NYCRR Part 617.5(c)(2), required for grant funding. Unanimous.
  • Senior Center Auditorium Renovation: Authorized an agreement with Thomas Vulpis Jr., RA for renovation of auditorium space at the Town of Smithtown Senior Center, on a form approved by the Town Attorney. Unanimous.
  • Gender-Based Violence Policy: Approved adoption and implementation of a Gender-Based Violence and the Workplace Policy. Unanimous.
  • Summer Recreation Vendor Agreements: Authorized agreements between the Recreation Department and various vendors for specialized services and programs for the 2026 summer season. Unanimous.
  • Accept Donation: Accepted a $750 donation from the Substance Abuse & Mental Health Services Administration on behalf of Horizons Counseling and Education Center (check #0003198776 dated April 22, 2026). Unanimous.
  • Horizons Insurance: Authorized the Supervisor to execute applications and pay premiums for Medical Professional Liability Insurance for Horizons operations for 2026. Unanimous.
  • Youth Bureau Adaptive Sports: Authorized an agreement with James Patrissi for professional consultant services for the Town of Smithtown Youth Bureau Adaptive Sports Program. Unanimous.
  • Composting Units and Rain Barrels: Authorized an agreement with Brand Builders LLC to furnish and deliver backyard composting units and rain barrels to the Department of Environment and Waterways for sale and distribution to Smithtown residents. Unanimous.

Personnel

  • Ratified Supervisor's signature on a Stipulation of Settlement agreement with Employee #005130.
  • Seasonal appointment of Faith Fogelman as Recreation Aide II ($18.00/hr, May 8 – September 4, 2026).
  • Changed effective date for Riley McGovern, seasonal Recreation Aide II, from June 27 to May 8, 2026 (no pay change).
  • Changed salary for Richard O'Leary, seasonal Recreation Aide II, to $18.00/hr retroactive to April 8, 2026 through November 13, 2026.
  • Rescinded Resolution #2026-456 (Item ID#4518) adopted April 23, 2026.
  • Approved unpaid medical leave for Employee ID #004501 in Parks, Buildings and Grounds, effective May 5, 2026.
  • Part-time appointment of Julie Edwards as Office Assistant in Town Clerk's office ($18.95/hr, up to 1/2 normal work week, effective May 11, 2026).
  • Full-time appointment of Brooke Spica as Community Service Aide in Town Clerk's office ($22.33/hr, 52-week probation, effective pending medical exam and drug screen).
  • Approved seasonal appointments/reappointments in Parks, Buildings and Grounds for 20 positions (lifeguards, laborers, crew leader) at rates from $15.00 to $22.00/hr, with various effective and termination dates.
  • Approved return from medical leave for Employee ID# 003640 in Parks, Buildings and Grounds under Section 72 of Civil Service Law, retroactive to May 4, 2026.
  • Seasonal appointment of Alexander Andersen as Student Intern II in Planning & Community Development ($16.00/hr, May 19 – September 1, 2026).
  • Promotion of Angela Hardina to Administrative Assistant in Recreation Department ($31.66/hr, 12-week probation, effective May 11, 2026).
  • Seasonal appointment of Brianne Scott as Student Intern III in Building Department ($17.00/hr, May 18 – July 31, 2026). All personnel items approved unanimously.

Public Comments

  • One speaker, Meg Shutka (representing Eddie's Power Equipment, 553 Lake Avenue, St. James), spoke on the Summer Nights permit (Community Association of Greater St. James). She acknowledged that the location would not be changed but expressed her wish that it could be. She respectfully requested enforcement of the permit conditions, specifically regarding the road closure. No other speakers addressed the board.

Key Outcomes

  • All actions were approved by unanimous votes (5-0) with all board members present: Supervisor Edward R. Wehrheim, Councilman Thomas J. McCarthy, Councilwoman Lynne C. Nowick, Councilwoman Lisa M. Inzerillo, and Councilman Thomas Lohmann Sr.
  • The two public hearings on Local Laws #8-2026 and #9-2026 were closed and will proceed to adoption at a future meeting.
  • A public hearing for Local Law #10-2026 was authorized for May 21, 2026, at 2:00 PM.
  • The meeting adjourned at approximately 2:30 PM.

Meeting Transcript

I've pledged illusions to be able to do that. Liberty Justice for all. Roll call. Supervisor Wilhelm. Here. Councilman McCarthy. Councilwoman Noah. Here. Councilwoman Anzarello. Here. Councilman Loman. Here. Okay, we'll begin this afternoon. Sitting is Board of Water Commissioners. Minutes approval, April 23rd, 2026, and one transfer item. Councilman Loman. Yes. Councilwoman Anzarello? Yes. Councilwoman Noah. Yes. Councilman McCarthy? Yes. Supervisor Wilheim. Yes. Reconvene is town board. For correspondence. Community association of St. James, Summer Nights, July 1st, July 22nd, and August 12th. And King's Park Chamber of Commerce, Commerce Festival Day, June 20th, 2026, 9 a.m. to 5 p.m. There are two public hearings today to be presented by Rachel Lindberger. Good afternoon, supervisor, members of the town board. The purpose of this first public hearing is to consider amendments to chapter TC7 as it relates to electric bicycles. Also known as e-bikes. This amendment updates the code to incorporate definitions for e-bikes consistent with the New York State Vehicle and Traffic Law. The proposed amendment also restricts the operation of e-bikes and motorized devices in town parks and beaches. It also authorizes seizure and impoundment of e-bikes and motorized devices unless specifically authorized by the town board and establishes redemption fees for impounded devices with increased penalties for repeat violations. Parents or legal guardians may also be held responsible for minors who violate the section. The purpose of the second public hearing is to consider amendments to chapter 101 as it also relates to electric bicycles. This proposed amendment adds subsection C, which addresses e-bikes and similar motorized devices. It establishes a general prohibition on the use of electric bikes and motorized devices in town parks and beaches unless specifically authorized by the town board. Operation of such devices is only permitted on pedestrian walkways, paths, or trails that are expressly designated for such use. Where such use is permitted, the law imposes several safety requirements, which include helmet requirement, a minimum operator of age 16, area limitations, and operation with due care. Violators may be directed to leave the park property and any device used in violation may be removed and secured by the town. Unless there are any questions, that concludes this public hearing. Okay, we will take one at a time. Any questions by the board on the first public hearing? No. Anyone in the ordinance wish to be heard on this public hearing?

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