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Monthly Archives: November 2016

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Photo by Brian Hoerger, Theatre Three Productions Inc.

‘I WILL HONOR CHRISTMAS IN MY HEART’ 

Above, the 2016 cast of “A Christmas Carol” at Theatre Three gathers for a group photo before opening night last Saturday. The Port Jefferson theater celebrates its 33rd annual production of the immortal classic this holiday season.

Written by Charles Dickens, “A Christmas Carol” was the most successful book of the 1843 holiday season, selling six thousand copies by Christmas. Eight stage adaptations were in production within two months of the book’s publication.

Today, the story of Ebenezer Scrooge and his journey to find the true meaning of Christmas through visits from the ghosts of Christmas past, present and future is as popular as it was over 150 years ago. Charles Dickens, through the voice of Scrooge, continues to urge us to honor Christmas in our hearts and try to keep it all the year. 

Send your Photo of the Week to [email protected].

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Scrooge (Jeffrey Sanzel) encounters the Ghost of Christmas Yet to Come for the first time. Photo by Brian Hoerger, Theatre Three Productions Inc.

By Michael Tessler

Jeffrey Sanzel as Scrooge & Jessica Contino as Ghost of Christmas Past. Photo by Brian Hoerger, Theatre Three Productions., Inc.
Jeffrey Sanzel as Scrooge & Jessica Contino as Ghost of Christmas Past. Photo by Brian Hoerger, Theatre Three Productions., Inc.

Though the holidays are usually filled with joy, they’re certainly not without their own special breed of stress, which seems to melt away as Theatre Three gifts our community with a profound and magical experience that allows us to escape into the marvelous imaginative world of the late, great Charles Dickens. Theatre Three provides more than just a distraction — it provides unparalleled delights that will stir up the best childlike emotions in each of us.

Jeffrey Sanzel, the show’s director, faces the unique challenge of annually reimagining “A Christmas Carol.” He seamlessly completes this task with his usual grace and confidence. For over 30 years the show has been a must-see tradition for Long Island families and visitors. Sanzel’s vision shines brighter than ever as he masterfully directs his cast. While the story remains the same, its characters are all the more captivating because of the great direction he provides.

What’s most impressive is that not only does Sanzel direct, but he also stars in the iconic role of Ebenezer Scrooge. For those unfamiliar with the classic Dickens novel, Scrooge is a man whose greed supersedes his humanity. One night he is visited by the ghost of his former business partner, Jacob Marley (Steven Uihlein) who informs him that hell awaits him if he doesn’t change his ways. This propels him on an unlikely journey of self-reflection and change.

Sanzel plays not only an older Scrooge, but a younger more lively version of himself. His ability to change physicality and characters instantly is one of his most impressive qualities, and there are plenty!

Douglas J. Quattrock as Bob Cratchit & Jeffrey Sanzel as Scrooge in a scene from 'A Christmas Carol'. Photo by Brian Hoerger, Theatre Three Productions, Inc.
Douglas J. Quattrock as Bob Cratchit & Jeffrey Sanzel as Scrooge in a scene from ‘A Christmas Carol’. Photo by Brian Hoerger, Theatre Three Productions, Inc.

Bob Cratchit, played by the ever-so-gentle Douglas Quattrock, is beyond endearing. There’s a righteousness and goodness about this man that can be felt genuinely by the audience. Cratchit, who works as a clerk for the elderly Mr. Scrooge, endures considerable workplace trauma to make sure his family is fed and taken care of. Despite his hard work, his youngest son, Tiny Tim, remains at the precipice of death. Quattrock will have you grinning cheek to cheek as he embraces his wife played with love by Suzie Dunn and the rest of the family.

Jeffrey Sanzel as Scrooge & Jessica Contino as Ghost of Christmas Past in a scene from 'A Christmas Carol'. Photo by Brian Hoerger, Theatre Three Productions, Inc.
Jeffrey Sanzel as Scrooge & Jessica Contino as Ghost of Christmas Past in a scene from ‘A Christmas Carol’. Photo by Brian Hoerger, Theatre Three Productions, Inc.

Alongside Cratchit is the kind-hearted and abandoned nephew of Scrooge, Fred Halliwell. There’s a certain glee in Dylan Poulos’ performance. He’s almost infused with the spirit of Christmas itself, which I suppose would make sense as he also plays the Ghost of Christmas Yet to Come! Halliwell seeks nothing more than to rekindle a relationship with his past by getting to know his only living relative, dear Uncle Scrooge. What he doesn’t realize is that his eyes are the same eyes as his departed mother, a painful reminder for old Ebenezer. Fan Scrooge Halliwell (Megan Bush/Sophia Knapp) lives and breathes in certain sequences, and perfectly portrays the love between two close siblings.

Among my favorite cast members is the larger-than-life Fezziwig, played with great fervor by George Liberman. He’s joined alongside his stage wife, played by Ginger Dalton. These two form a comedic pair that will have you smiling as wide as the horizon! There’s something so whimsical about watching Fezziwig’s ball unfold on-stage: the dancing, the singing, everything. Watching you can’t help but feel that you’re up there with them. My favorite part of this sequence is watching the curmudgeon Scrooge transform into a spruce young man who woos and proposes to Fezziwig’s daughter, Belle, played by a belle of extraordinary talent, Emily Gates.

Scrooge (Jeffrey Sanzel) with a very ‘cheeky’ Ghost of Christmas Present (Bobby Montaniz).
Scrooge (Jeffrey Sanzel) with a very ‘cheeky’ Ghost of Christmas Present (Bobby Montaniz). Photo by Brian Hoerger, Theatre Three Productions, Inc.

All three spirits are truly splendid. Jessica Contino shines as the Ghost of Christmas Past, bringing Scrooge on a journey that forces him to reconcile many of the mistakes and heartbreaks a long life will bring. Bobby Montaniz nails perfectly the essence of the Ghost of Christmas Present, and while he’s not a giant, his impressive voice certainly sounds like he is! His deep laughter will echo in your belly all through the evening!

Finally the Ghost of Christmas Yet to Come may be the most visually impressive puppetry I’ve seen at Theatre Three yet (and they pulled out an actual dragon for “Shrek!”). This massive and haunting figure must be at least 15 feet tall and is adorned in a black tattered cloak and hood and is perfectly embellished by the brilliant lighting layout by Robert Henderson.

In addition to an incredible cast and superb lighting, this is one of the most beautiful sets I’ve ever seen. There’s a craftsmanship that far exceeds your usual stage show, and not only does it show but genuinely adds to the ambiance of the production. I’ve got nothing but praise for Randall Parsons, the show’s production designer and his costume counterpart Bonnie Vidal.

There are many additional names in the cast and crew who are deserving of praise, especially the incredibly talented children who alternate each night and demonstrate a professionalism and talent well beyond their years. Give yourself and your loved ones a gift that is truly made of magic. Go see “A Christmas Carol.”

Theatre Three, 412 Main St., Port Jefferson will present “A Christmas Carol” through Dec. 31. All tickets are $20 in November and range from $20 to $35 in December. To order, call 631-928-9100 or visit www.theatrethree.com.

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Dr. Hal Walker, co-director of the New York State Center for Clean Water Technology, speaks during a symposium at Stony Brook University Thursday, June 23, 2016. Photo by Barry Sloan

By Daniel Dunaief

Water, water everywhere and Harold “Hal” Walker is making sure there’s more than a few drops on Long Island to drink. The head of the new Department of Civil Engineering at Stony Brook is one of two co-directors of the Center for Clean Water Technology. The center received a $5 million commitment from New York State to pilot test a variety of ways to remove contaminants from drinking water.

“The center will be working with water authorities and water utilities to do pilot testing of new technology to deal with emerging contaminants,” Walker said. “One goal of the testing will be to collect information needed to assess new technologies and, if they are effective, to get them approved so they can be used by water utilities.”

Contaminants the center will explore include 1,4-dioxane and perfluorinated compounds, which have “turned up in some regions of Long Island,” Christopher Gobler, the co-director of the center and an associate dean for research and professor at the School of Marine and Atmospheric Sciences, explained in an email.

’One lesson we have learned is that it is critically important to protect the environment, since the environment serves as a natural buffer to these large storms.’ — Harold Walker

The technologies the center will test likely include novel membrane processes, advanced oxidation, novel absorbents and advanced oxidation processes. The center will explore “how these compounds are removed in conventional drinking water treatments processes,” Walker said. “If they are not removed sufficiently, what do novel technologies use and are they ready for the pilot stage?” Walker acknowledges that staying ahead of the curve in being prepared to protect drinking water requires an awareness of numerous new compounds that are a part of modern manufacturing.

Gobler said the center’s findings would be made public. New York State had previously committed $3.5 million from the Environmental Protection Fund to support the center. With an additional $5 million in funding, the center will develop new technologies to improve drinking water and wastewater quality on Long Island, according to the State Department of Environmental Protection.

The center was formed originally to focus on innovative alternative individual onsite treatment systems for reduction of nitrogen and pathogens. That was broadened this year to focus on the impact of emerging contaminants on water supplies, a representative from the DEC explained in an email.

Walker has built an expertise in developing and applying membrane processes for drinking and wastewater. At Ohio State University, where he worked from 1996 until 2012, when he came to Stony Brook, he spent considerable time analyzing drinking water in the Great Lakes. Gobler appreciates Walker’s expertise.“

He has worked with many federal and state agencies on these topics across the United States,” Gobler explained. “He is also well-versed in wastewater treatment technologies.”

Jennifer Garvey, the associate director for the center, meets with Garvey and Walker at least once a week. She also connects weekly for a call or meeting to discuss administrative and strategic issues. Walker is “at the leading edge of water treatment approaches and he understands where opportunities and obstacles lie,” Garvey said. The center has a sense of urgency about the work because “there is such a clear and immense need for wastewater infrastructure improvements,” she continued. The targeted and strategic work emphasizes near-term solutions. A leading focus is a nonproprietary passive system known as a nitrogen removing biofilter that they will be piloting in Suffolk County soon. “Our hope is that we can make systems available for widespread deployment within the next two to three years,” she said.

Apart from his work at the center, which Walker estimates takes about a third of his time, he is also a professor and the founding chair of the Department of Civil Engineering, which conferred bachelor’s degrees on its inaugural 13 undergraduate students this summer. Those students have all found engineering jobs within their field of interest or continued to pursue additional schooling. The civil engineering department has 10 faculty and is at the end of the first phase of its growth and development, Walker said.

Phase II will include building out the faculty and staff, developing new research and teaching labs and enhancing the recently approved master’s of science and doctoral programs in civil engineering, Walker explained. Resiliency of the coastal communities is a major thrust of his department. He said he recently hired a number of faculty in this area and launched an Advanced Graduate Certificate in Coastal Zone Management and Engineering in partnership with the School of Marine and Atmospheric Sciences. “One lesson we have learned is that it is critically important to protect the environment, since the environment serves as a natural buffer to these large storms,” he explained.

Apart from water and the resilience of the coastal community, the civil engineering department is also involved in transportation. The department works with Farmingdale State College in a new Infrastructure, Transportation and Security Center. In that effort, the department collaborates with the Department of Computer Science, among others at Stony Brook, to bring new approaches to “improving the efficiency, sustainability and safety of our transportation system.”

For his part, Gobler welcomes the talent and expertise the civil engineering department brings to Stony Brook. “This is a tremendous asset” for Stony Brook, Gobler explained in an email. “Civil engineers solve complex problems and I have found that [Walker] and the people he has hired have the skill set and mind-set to address many environmental problems that are important on Long Island.

A resident of Port Jefferson, Walker lives with his wife Alyssa, who is a writer, and their three children, Abby, 14, Halliway, six, and Northie, who is five. They enjoy visiting the beach and traveling east to go apple and pumpkin picking. A native of Southern California, Walker started surfing at the age of 10. He was a four-year varsity letterman in surfing when he was in high school. He has surfed in Hawaii, Costa Rica, Japan, Portugal and Mexico.

As for the department, he said he feels excited by the responsibility for building only the second civil engineering program in the SUNY system. “I’d like the department to quickly become nationally recognized and be the leading source of expertise for the state on infrastructure issues, especially in the downstate area,” he said.

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The leaves on a ginkgo tree turn bright yellow in autumn. Photo by Ellen Barcel

By Ellen Barcel

This is part one of a two-part series.

Selecting trees for your property requires some decision making. For example, which trees do well in acidic soil? Which trees tolerate drought? Which trees are fast (or slow) growers, depending on your needs? Which trees have negatives that may mean you would avoid them (see my columns on researching plants, Sept. 22 and 29). And what about the final height? Is this a specimen tree for the front of your house or a shade tree for your back patio? But, there are other factors involved in your choice. One is evergreen versus deciduous trees. A second is autumn leaf color and a third is final tree shape. Since trees take so long to mature, this is one decision you want to get right.

Evergreen vs. deciduous

Evergreen trees hold their needles (and color) over the winter. Photo by Ellen Barcel
Evergreen trees hold their needles (and color) over the winter. Photo by Ellen Barcel

Trees can be divided into evergreen and deciduous trees. Evergreen trees keep their needles (leaves) throughout the winter while deciduous ones lose their leaves in fall. Evergreen trees tended to evolve in climates that have short growing seasons. Keeping their needles over the winter is a survival mechanism for the trees since they have greenery ready to feed the tree quickly during that short growing season. Evergreen trees do eventually lose their leaves/needles, but it is later in the growing season after the new ones have come in. Evergreen trees include pine, spruce, cedar, juniper, arborvitae and hemlock.

The advantage of evergreen trees for the gardener is that they provide screening year round. If you have a sight you wish to block or screen, then evergreens are ideal. It could be an ugly wall or privacy screening for a hot tub or gazebo. While most needled trees are evergreen, remember that the dawn redwood, referred to sometimes as a living fossil, a truly beautiful tree, does lose its needles in fall after they turn a reddish brown.

Deciduous trees lose their leaves in the autumn, have bare branches throughout the winter and put out new leaves the following spring. The advantage of a deciduous tree for the home gardener is that it provides shade in the heat of summer but lets the sun reach the ground and nearby houses in the winter. Many are quick growing, meaning a more established look in fewer years. Another advantage is the brilliant colors the leaves take on in autumn.

Autumn color

Japanese red maple have leaves which turn a deep mahogany in autumn. Photo by Ellen Barcel
Japanese red maple have leaves which turn a deep mahogany in autumn. Photo by Ellen Barcel

Autumn color is another consideration when selecting new trees for your garden. Some blaze yellow in autumn such as the ginkgo, sassafras and sweet gum trees. Others go a deep mahogany like the Bradford pear, some varieties of maple and the pin oak. Now, of course is the ideal time to check out those you might be interested in. Of the evergreens, those with a blue tinge, like the Colorado blue spruce and blue cedar, or a golden hue, will keep that color in autumn, along with green varieties.

Next week, a look at tree shapes for the garden.

Ellen Barcel is a freelance writer and master gardener. To reach Cornell Cooperative Extension and its Master Gardener program, call 631-727-7850.

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Turkey day is almost here!

Centering your holiday meal around a turkey cooked to golden perfection is the ideal way to serve a feast. Without the right preparation and execution, however, your bird could fall short. To ensure your holiday dinner centerpiece lives up to expectations, follow these simple tips, from purchase to plate:

Buy the right bird. Finding a turkey that’s just the right size for your expected party is the start to a successful gathering. One common rule of thumb is to buy 1 pound of turkey per person — so for a 10-person meal, purchase a 10-pound turkey. Don’t forget that nearly everyone loves leftovers, so you may consider buying a few pounds more than necessary.

Be patient. If you opt for a frozen turkey, don’t rush the thawing process. For larger turkeys, it can take days to defrost properly. Timing is everything. Finding the right amount of time for your turkey to spend in the oven is crucial but not always the easiest thing to do. For an 8- to 12-pound bird, aim for 2.5 to 3.5 hours; 12 to 16 pounds for 3.5 to 4 hours; 16 to 20 pounds for 4 to 4.5 hours, and so on. The key is bringing the turkey to a temperature reading of 170 F.

Let it rest. Instead of pulling the turkey out of the oven and immediately carving it, give it a chance to rest for 20 to 30 minutes, which allows the juices to soak into the meat and moisten it up. While the turkey typically receives all the attention at holiday gatherings, rounding out your meal with the perfect sides and desserts is the key to a successful feast.

Mashed Sweet Potatoes with Marshmallows

sweet_potato_casseroleYIELD: Serves 8

INGREDIENTS:

5 pounds sweet potatoes, peeled and cut into cubes

1/2 cup Kitchen Basics Original Chicken Stock

1/4 cup firmly packed brown sugar

4 tablespoons butter, cut into chunks

2 teaspoons McCormick Ground Cinnamon

1 teaspoon salt

1/2 teaspoon McCormick Ground Nutmeg

2 cups miniature marshmallows

DIRECTIONS: Spray inside of 6-quart slow cooker with nonstick cooking spray. Add sweet potatoes, stock and brown sugar. Cover.Cook 4 hours on high or until potatoes are tender, stirring after each hour. Stir in butter, cinnamon, salt and nutmeg. Cover. Let stand 5 minutes. Beat potatoes with electric mixer on medium-high speed until smooth. Top with marshmallows. Cover. Cook 10 minutes on high or until marshmallows are slightly melted.

Zucchini Casserole

YIELD: Serves 4

INGREDIENTS:

6 tablespoons butter

1 small onion, diced

3 medium zucchini, peeled, cut into 1/4-inch slices

2 medium peeled carrots, shredded

1 can cream of chicken soup (10 3/4 ounces)

1/2 cup sour cream

1 bag (8 ounces) herb seasoned stuffing mix, coarsely crushed

DIRECTIONS: In a large skillet, melt the butter. Add the onion, cook until tender. Add zucchini and carrots and cook until tender, about 8 minutes. Remove skillet from heat. Stir in cream of chicken soup and sour cream, mix well. Sprinkle half of stuffing into a 13- by 9-inch greased glass baking dish. Spoon zucchini mixture on top, then remaining stuffing. Bake at 350 F for 25 to 30 minutes, until hot and bubbly.

Roasted Chestnuts

INGREDIENTS: 20 fresh unpeeled chestnuts

DIRECTIONS: Using a small sharp knife or a chestnut knife, carve an “X” in the flat side of each chestnut. Place chestnuts in an even layer, “X”-side down, in a chestnut-roasting pan. Cook chestnuts over low heat until opened, 20 to 25 minutes. Peel immediately, using a towel if chestnuts are too hot to touch.

Next week: Holiday desserts

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Photo courtesy of Comsewogue Public Library

‘LITERACY BEGINS AT BIRTH’

The Comsewogue Public Library in Port Jefferson Station recently announced that it has officially become a Family Place Library. Family Place Libraries redesign the library environment to be welcoming and appropriate for children beginning at birth and connect parents with resources, programs and services. Pictured from left are Kristen Todd-Wurm, Christine Kowalski, Director Debra Engelhardt, Audrey Asaro, Debbie Bush and Amanda Pendzick.

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Vitamin D levels may play an important role in the treatment of multiple sclerosis.

By David Dunaief, M.D.

David Dunaief, M.D.
David Dunaief, M.D.

Medicine has made great strides in the treatment of multiple sclerosis over the last few decades. Multiple sclerosis (MS) is an autoimmune disease where there is underlying inflammation and the immune system attacks its own tissue. This causes demyelination, or breakdown of the myelin sheath, a protective covering on the nerves in the central nervous system (CNS). The result is a number of debilitating effects, such as cognitive impairment, numbness and weakness in the limbs, fatigue, memory problems, inflammation of the optic nerve causing vision loss and eye pain (optic neuritis) and mobility difficulties.

There are several forms of MS. The two most common are relapsing-remitting and primary-progressive. Relapsing-remitting has intermittent flare-ups and occurs about 85 to 90 percent of the time. Primary-progressive (steady) occurs about 10 percent of the time. Relapsing-remitting may eventually become secondary-progressive MS, which is much harder to control, although dietary factors may play a role.

Diagnosis and progression

MS is diagnosed in several ways. The ophthalmologist may be the first to diagnose the disease with a retinal exam (looking at the back of the eye). If you have eye pain or sudden vision loss in one eye, it is important to see your ophthalmologist. Another tool in diagnosis is an MRI of the CNS. This looks for lesions caused by the breakdown of the myelin sheath. The MRI can also be used to determine the risk of progression from a solitary CNS lesion to a full-blown MS diagnosis. This is accomplished by examining the corpus callosum, a structure deep within the brain, according to a presentation at the European Neurologic Society (1). Approximately half of patients with one isolated lesion will progress to clinically definite MS within six years. An MRI may be able to predict changes in this portion of the brain within two years. Patients with a family history of MS should discuss this diagnostic with a neurologist.

Medication

Interferon beta is the mainstay of treatment for MS for good reason. Data shows that it reduces recurrence in relapsing-remitting MS and also the number of brain lesions.However, in a study, interferon beta failed to stop the progression to disability in the long term (2). Many MS patients will experience disability over 20 years. Ultimately, what does this mean? Patients should continue therapy; however, they should have realistic expectations. This study was retrospective, looking back at previously collected data — not the strongest of studies.

In an RCT, higher levels of vitamin D in the blood showed a trend toward reduced disability in timed tandem walking and in disability accumulation.

Vitamin D impact

Vitamin D may play a key role in reducing flare-ups in relapsing-remitting MS. There have been several studies that showed this benefit with vitamin D supplements and/or with interferon beta. In one study, interferon beta had very interesting results showing that it may help increase the absorption of vitamin D from the sun (3). This was a randomized controlled trial (RCT), the gold standard of studies, involving 178 patients. The study’s authors suggest that interferon beta’s effectiveness at reducing the frequency of relapsing-remitting MS flare-ups may have to do with its effect on the metabolizing of vitamin D. In those who did not have higher blood levels of vitamin D, interferon beta actually increased the risk of flare-ups.

Physicians should monitor blood levels of vitamin D to make sure they are adequate. It may be beneficial for MS patients to get 15 to 20 minutes of sun exposure without sunscreen per day. However, patients with a history of high risk of skin cancer should not be in the sun without protective clothing and sunscreen.

In a prospective (forward-looking) observational study, patients with higher levels of vitamin D, even in those without interferon beta treatment, had reduced risk of relapsing-remitting MS flare-ups (4). The patients with higher levels had 40 ng/ml, and those with lower levels had 20 ng/ml. Patients’ blood samples were assessed every eight weeks for a mean duration of 1.7 years. The relationship with vitamin D was linear — as the blood level increased two-fold, the risk of flare-ups decreased by 27 percent.

In an RCT, higher levels of vitamin D in the blood showed a trend toward reduced disability in timed tandem walking and in disability accumulation (5). The results did not reach statistical significance, but approached it. A much larger RCT needs to be performed to test for significance.

Diet and lifestyle

Interestingly, a study found that caffeine, alcohol and fish — fatty or lean — intake may result in delay of secondary progression of relapsing-remitting MS (6). This observational study involved 1,372 patients. The reduction in risk of disability was as follows: Moderate daily alcohol intake resulted in a 39 percent reduction; daily coffee consumption showed a 40 percent reduction; and fish two or more times a week showed a 40 percent reduction.

All of these results were compared to patients who did not consume these items. However, the same effect was not shown in primary-progressive MS patients: Fatty fish actually increased risk of progression, compared to lean fish. With MS, vitamin D blood levels may be critically important. They are one of the easier fixes, although it may take higher doses of vitamin D supplementation to reach sufficient levels, once low.

While food (fish with bones, for example) provides vitamin D, it falls short of the amount needed by an MS patient. Interferon beta and vitamin D supplementation may have added effects. Lifestyle changes or additions also have tantalizingly appealing possibilities.

References: (1) Abstract O-293; June 2012. (2) JAMA. 2012;308:247-256. (3) Neurology. 2012;79:208-210. (4) Neurology. 2012;79:254-260. (5) J Neurol Neurosurg Psychiatry. 2012;83(5):565-571. (6) Eur J Neurol. 2012 Apr;19(4):616-624.

Dr. Dunaief is a speaker, author and local lifestyle medicine physician focusing on the integration of medicine, nutrition, fitness and stress management. For further information, visit www.medicalcompassmd.com or consult your personal physician.

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By Nancy Burner, ESQ.

Nancy Burner, Esq.
Nancy Burner, Esq.

While the best elder law and estate plan is to have a valid health care proxy naming agents and a valid durable power of attorney naming an agent to make financial decisions, not everyone has done the proper planning.

It is not uncommon for an elderly person to fall ill, be hospitalized and then need nursing home care with no time to plan. If there are no advance directives in place, a guardianship proceeding under Article 81 of the Mental Hygiene Law may be required.

In an Article 81 proceeding the court will making a finding that a person is in need of a guardian and has the ability to consent or the court will determine that the person lacks capacity to understand and consent. In either case, a guardian will be appointed to protect the person and/or property of the individual. It is in this context that we often request that the court will allow the guardian the opportunity to formulate a Medicaid plan to protect assets, if possible.

The court utilizes “the doctrine of substituted judgment” when permitting the guardian to create a Medicaid plan. There must be clear and convincing evidence that a competent, reasonable person in the position of the incapacitated person would adopt such a plan.

The approved Medicaid plan could include an exempt transfer of the family home to a spouse, minor, blind or disabled child, an adult sibling who resides in the home for at least one year and has an “ownership” interests in the property or a caretaker child that has lived with the parent for two or more years and has cared for the parent.

Assets, other than the homestead, could be transferred to a spouse or a disabled child. The court has also approved Medicaid plans where there are transfers of assets that create periods of ineligibility provided there is a promissory note transaction or other assets, like individual retirement accounts to pay for any period of ineligibility.

Of course, this type of emergency planning is done all the time by competent individuals or their duly appointed agents. In this case, the court would be giving the guardian the same powers if adequate proof is submitted on the application to approve a Medicaid plan. Typically, the court would not allow guardians to this type of Medicaid planning, until a challenge was brought alleging that among other things, incapacitated persons were not afforded the same rights as people without disabilities.

In an important decision, the highest court in New York State, in the Matter of Shah, held that: “No agency of the government has any right to complain about the fact that middle class people confronted with desperate circumstances choose voluntarily to inflict poverty on themselves when it is the government itself which has established the rule that poverty is a prerequisite to the receipt of government assistance in the defraying of costs of ruinously expensive, but absolutely essential, medical treatment.” As a result of this case, the guardianship judges in New York State started to approve Medicaid planning by guardians. This has been an important case for individuals who have failed to plan in advance of their incapacity.

There are also instances where an individual is in a nursing facility that could cost anywhere from $10,000 to $18,500 per month and they still have assets in excess of the permitted amount but are unable to make the transfers. Under a New York State Department of Health administrative directive, the incapacitated person would be immediately eligible for Medicaid as the assets would be deemed unavailable. The person would get Medicaid without any review of their assets, even though they have assets well in excess of the Medicaid limits. This often occurs when an individual is in a nursing home and receiving care and there is no one to access his or her funds. If the nursing home makes an application for a guardian to be appointed, the nursing home can immediately apply for Medicaid as well. This is a useful and necessary tool for nursing homes that frequently suffer the economic effects of residents that cannot pay and due to incapacity cannot cooperate in making an application to the Department of Social Services for Medicaid reimbursement.

While this option is available, it is far better for individuals to be prepared and take the time to execute a power of attorney and a health care proxy. Guardianship cases are legal proceedings that are expensive and can become contentious between family members. In addition, the individual is at the mercy of the court to determine what their wishes would have been using the doctrine of substituted judgment. It is far better to be proactive and choose your own plan and the agents to implement it.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.

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By Fr. Francis Pizzarelli

Father Frank Pizzarelli
Father Frank Pizzarelli

Many are still recovering from the most historic presidential election in our lifetime. This campaign season was probably the most horrific. It was disgraceful. The lack of respect for the dignity of all people, never mind all Americans, reached a despicable all time low. The ad hominem attacks were heartless, demeaning and unchallenged. So much money was spent this campaign season on paper and digital propaganda that it was scandalous. If only that money had been better invested in feeding all the poor and the homeless in our nation, we would have cared for their needs for almost a year!

Shame on all our elected leaders for fueling the “Swamp,” the media that exploited all of the negativity being expressed by all those running for public office this season; shame on so many of our church leaders, who kept silent about the hate, degradation and social injustice. No one with power called our candidates to speak about the issues and the policies they believed in.

Tuesday, Nov. 8, 2016, changed the course of American history. The Electoral College elected a wealthy businessman as our commander-in-chief. That vote clearly rejected business as usual. Our president-elect is a nonpolitician, a person who’s never served in the military or held public office. On Jan. 20, 2017, he will assume the most powerful office in the world without the majority of the popular vote. Trump will begin his tenure as president with a very divided nation; a nation riddled with anxiety, fear and hate. His first order of business must be to attempt to bring us together and begin the important process of healing.

As president, he must build a bridge among us, not a wall! He must end the rhetoric that is divisive and hateful and take on a language that speaks of love, respect and inclusiveness of all Americans. Our nation is deeply divided; that has been best illustrated by the ongoing demonstrations around the country based on profound dissatisfaction and fear.

Early on Wednesday morning, Nov. 9, President-elect Trump stated that he was the president for all Americans, no matter what their race, religion, sexual orientation or economic circumstance. He spoke sincerely about healing our nation and moving forward.

The president-elect is correct. We are deeply wounded and still bleeding as a nation. We need our president to lead in that healing by example. Words are empty if they are not accompanied by actions. How great it would be if he began his tenure as our president by apologizing to the nation, to all Americans, for his inappropriate rhetoric during his campaign and stating that he intends to listen and lead all Americans to a more unified and stronger America!

If he had the courage to do that before or at his inauguration, we could stand in solidarity once again and celebrate the untapped potential that is there for every human being blessed to call our nation home. Remember hope does not abandon us — we abandon hope!

Fr. Pizzarelli, SMM, LCSW-R, ACSW, DCSW, is the director of Hope House Ministries in Port Jefferson.

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Supervisor Frank Petrone. File photo by Rachel Shapiro

Huntington Town board members approved a cap-piercing $191 million budget that was strongly supported by residents when it was first proposed in September.

The 2017 budget maintains town services at current levels and calls for a 2.85 percent tax levy increase, which will net the town about $2.2 million more in revenue than the 0.68 percent state-mandated tax levy cap set this year.

According to the town, the tax levy is projected to increase by $3.2 million to $117.7 million, which would cost residents approximately $18 to $30 more per household this year.

The cap limits tax levy increases to the rate of inflation or 2 percent. However, it can be overridden by a  60 percent super majority vote by the town board.

If we cut [funding] down, Huntington suffers. It’s not just going to a museum and seeing one less painting. It’s millions of dollars out of the pockets of local residents.” —Ken Katz

Town board members voted unanimously to approve the budget Sept. 27, after listening to many community members urge the town to pierce the cap in order to continue funding for social, youth and art programs.

Jolena Smith, a Huntington High School student and member of the Tri Community Youth Agency — a not-for-profit organization that offers educational, recreational, social, cultural, athletics, counseling and advocacy programs for the town’s youth — became emotional when speaking about why it’s so important to her that the board pierces the cap this year and maintains Tri CYA funding.

“The Tri CYA provides all types of programs, services and activities to the youth that don’t have other choices or places to go,” she said at the meeting. “I’ve been coming to the Tri CYA for as long as I can remember, and it means a lot to me. The staff is an extended family. The Tri CYA helps kids stay off the streets. It helped me be the person I am today.”

Ken Katz, a Huntington resident and member of the board of directors at the Cinema Arts Centre, also talked about how crucial funding from the town is for the survival of the CAC, a nonprofit organization that helps provide programs for students and seniors, as well as supporting local businesses.

“It’s not just a couple of bucks less for culture and arts,” he said. “If we cut [funding] down, Huntington suffers, not the Cinema Arts Centre. It’s not just going to a museum and seeing one less painting. It’s millions of dollars out of the pockets of local residents.”

In order to stay within the state-mandated tax levy increase cap, not only would Huntington have to cut youth and arts programs, Town Supervisor Frank Petrone (D) also said they would have to lay off employees — a move he said residents would feel the effects of in the form of reduced service, maintenance and hours at town facilities and longer waits at Town Hall.

“While I concur with the fundamental concept behind the cap … I do believe there needs to be modification of the language in the current legislation, so that the unintended consequence of limiting growth and new initiatives is eliminated,” Petrone said in a statement.

The supervisor also talked about the challenge with requirements to fund federal and state-mandated expenses that the board has no control over.

“I wish to thank my fellow board members, who continue to work with me by taking the prudent, fiscally responsible steps that have enabled me to submit this budget,” he said. “[It’s] a budget that serves residents well by maintaining the current level of services and increasing the tax levy only by that amount required to fund federal and state-mandated expenses, which are wholly outside the control of the town board.”

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