Smithtown Town Board Regular Meeting – October 22, 2026

The Smithtown Town Board held its regular meeting on October 22, 2026, at 2:00 PM in the Victor T. Liss Board Room. The meeting began with a recognition of Jeanette Lush as Public Servant of the Month, and briefly convened as the Board of Water Commission to approve a water main bid and levy. The main agenda included five public hearings, unanimous approval of a consent agenda and numerous resolutions, and significant public debate regarding a proposed local law to override the state tax cap for fiscal year 2027.

Consent Calendar

• Minutes from the October 6, 2026 meeting were approved.
• Seventeen comptroller budget transfers were authorized, including adjustments for office supplies, salaries, equipment, and grants (e.g., an increase of $7,700 for Survivors Park, a $374,804.42 increase for public works services).
• Disposal of a Neopost postage meter was authorized.

Public Comments & Testimony

During the Public Hearing on the Tax Cap Override:

• A resident stated that Smithtown has the highest median property tax ($14,000) among the 15 townships on Long Island and criticized the proposed tax increase.
• A resident and candidate for the New York State Assembly expressed opposition to piercing the tax cap, arguing it would harm small businesses and families and urged the board to find savings through cuts and eliminating fraud.
• A resident told the board that an extra $94 per year is a significant burden for him.
• Resident Irwin Eisen characterized the budget process as a "dog and pony show" and questioned why the board was not considering consolidating departments, implementing zero-based budgeting, or using reserves. He claimed the proposed budget included $7.6 million in salary increases, a figure challenged by Supervisor Wehrheim regarding the Supervisor's office budget.

During the Public Portion (End of Meeting):

• Kelsey Gilmore Futorall, a legislative attorney with Best Friends Animal Society, informed the board about the organization's plans to open a facility in Woodbury, Oyster Bay, to support animal shelters on Long Island and the East Coast.

Discussion Items

Proposed Tax Cap Override (Local Law #16-2026):

• Supervisor Wehrheim engaged in extended discussion with the public. He explained that the hearing was a procedural requirement and that enacting the law does not mandate raising taxes to the cap, but it is a necessary step to consider a responsible budget.
• He stated that only 11.5 cents of every dollar in property taxes goes to the Town. Unfunded mandates from New York State total $5.2 million for fiscal year 2027, while the tax cap only allows for an increase of $1.6 million. He argued that failing to override the cap would force the elimination of 42 highway workers and 210 seasonal employees, critically impacting snow removal and emergency services.
• He detailed that the proposed tax levy increase for the average homeowner is approximately $94, a reduction from the previous year's 9% increase to roughly 5%. This was achieved by cutting $600,000 in full-time salaries through attrition and $350,000 to $400,000 in seasonal positions.

Code Amendments (Public Hearings):

• Assistant Town Attorney Rachel Lenberger presented hearings on amendments to the Building Construction and Fire Prevention codes. Proposed amendments included eliminating separate fees for gas pressure testing if an LPG permit fee is paid, requiring plumbing inspector approval for LPG pressure tests, and establishing a $50 fee for LPG installation permits. Irwin Eisen raised concerns about inconsistencies between the proposed laws.

Advertise for Public Hearing:

• The board authorized advertising for public hearings on November 19, 2026, regarding an extension of the Battery Energy Storage Systems moratorium, a property code violation cleanup at 236 Seventh Street in St. James, and the 2027 Community Development Program.

Key Outcomes

• Tax Cap Override Hearing: The public hearing for Local Law #16-2026 was closed unanimously. Formal adoption and budget finalization will follow a public hearing on November 3, 2026, at 7:00 PM.
• Other Public Hearings: The hearings for code amendments (Items 5115, 5116, 5117, 5118) were closed unanimously.
• Consent Agenda: Adopted unanimously.
• Resolutions: All resolutions were adopted unanimously. Agenda Item V.C.10 (Resolution 5179 to retain Given & Associates for a property appraisal) was explicitly removed from consideration during the meeting. Key resolutions adopted include:
  • Authorizing legal action against entities related to 131 Old Northport Road.
  • Hiring Special Counsel to litigate against U.S. Specialty Insurance Company for liability coverage in the Thorne v. Town of Smithtown case.
  • Adding Midwest Veterinary Supply and Smithtown Summer Camp to the pre-qualified professional consultant list.
  • Amending the Highway Road Program to add Prospect Avenue in Smithtown.
  • Levying $230,450 in expenses for emergency demolition at 21 Main Street, Kings Park.
  • Authorizing agreements for a Mills Pond House lease with the Arts Council, recycling with the Islip Resource Recovery Agency, a no-cost post-Halloween pumpkin composting program, bulkhead repair at Long Beach Marina, clothing donation bins with Big Brothers Big Sisters, and accounting certification.
  • Accepting $7,700 in donations for Survivors Park.
• Personnel: All 13 personnel items were approved unanimously, including the provisional appointment of Glen Bornhoft as Senior Safety Officer, multiple promotions, and the ratification of three employee settlement agreements.
• Board of Water Commission: Approved previous minutes, a tax levy for unpaid water charges, and authorized advertising for a water main installation bid.