CLOSE
Authors Posts by Lynn Hallarman

Lynn Hallarman

36 POSTS 0 COMMENTS

by -
0 1697
Earl L. Vandermulen High School. File photo

By Lynn Hallarman

The Port Jefferson Board of Education announced approval of a total payout of $16.5 million to resolve lawsuits brought by seven people alleging sexual abuse that occurred years ago. The announcement was made in a statement posted on the district’s website late Friday night, Nov. 1. 

In the statement, the board describes the settlement as the “best outcome for the district taxpayers” by avoiding a prolonged court trial that could result in “significantly greater overall costs.” Payment amounts to individual litigants remain confidential. 

The settlement represents one of numerous lawsuits brought against Long Island schools under the 2019 New York State Child Victims Act, which allows survivors of sexual abuse a longer time frame to file a claim for monetary damages.

Before passing this legislation, survivors had a maximum of five years after turning 18 to file a civil lawsuit. The CVA extended this period to age 55 and included a temporary lookback window for survivors for whom the deadline to file had expired. The lookback window was closed in August of 2021. 

According to its statement, the school board will pay for the settlement using a combination of debt financing and existing reserve funds, underpinning the need to “mitigate the overall financial impact on the community. “ 

The board noted, “Unfortunately, we have not been able to secure any insurance coverage to date for these claims.” 

Superintendent Jessica Schmettan has not provided further comment on request by TBR News Media beyond the announcement issued by the school board. 

A public hearing is scheduled for Nov. 12 at 7:30 p.m. at Earl L. Vandermeulen High School, where district officials will review the implications of the settlement on local taxpayers, according to spokesperson Ron Edelson.

by -
0 982
County legislator and geologist, Steve Englebright, explains bluff erosion at Port Jeff civic meeting. Photo by Lynn Hallarman

By Lynn Hallarman

Whenever Steve Englebright, 5th District county legislator (D-Setauket) and geologist, is asked about the East Beach bluff stabilization project, chances are he will start by explaining the big picture of bluff erosion on the North Shore of Long Island. 

“We [Port Jefferson] are at the doorstep of the greatest amount of erosion of the entirety of the North Shore,” he said to a rapt audience of about 40 people at the Port Jefferson Civic Association meeting Oct. 14.

Englebright spent 40 minutes in an educational deep dive about the shoreline’s composition and history, focusing on how erosion along the 50 miles of the North Shore impacts the village-owned sliver of bluff at the East Beach.

The meeting represents another moment in the ongoing debate among residents and village officials about the project strategies and costs. Mayor Lauren Sheprow, trustee Xena Ugrinsky and several members of the Port Jefferson Citizens Commission on Erosion were present. 

Using a whiteboard and marker, Englebright diagrammed how thousands of years of erosion have shaped and reshaped the shoreline. The audience gasped as he recounted the 1904 Broken Ground Slide, in which almost a mile of land just east of Northport let loose and fell into the Long Island Sound in one day. 

“The reason I want you to get the big picture is that this is a very unstable shoreline. The basic premise of stabilizing it for a given property [the country club] is mission impossible. Because any given little property is part of a larger dynamic,” he said. 

Englebright explained that erosion of the North Shore is accelerating because of our overheating oceans, producing more powerful and frequent tropical storms, further destabilizing the area. “[Bluffs] are not cemented together, so it doesn’t take much to disturb them — like a hurricane. They come apart easily,” he said.

“The county club was unwisely [decades ago] placed too close to the bluff edge,” he said. In the long term, more than just tennis courts will be in harm’s way.” 

“What does this all mean?” 

“We have to ask some serious questions when we get involved in spending millions of dollars,” he said. 

Weighing the pros and cons

Englebright shifted the conversation from a big picture discussion about coastal erosion to a conversation about the project’s immediate and long-term goals.

“I think we’ve already spent something like $5 million in a community of 8,500 people. Do the math: It’s already a significant investment, much of which has already been at least partially compromised in just a couple of seasons,” he said.

He added: “It’s really a cost-benefit analysis that has to be made.” 

Cost update 

Village treasurer, Stephen Gaffga, told TBR News Media in a follow-up phone interview that the costs for Phase 1 of the East Beach Bluff Stabilization project — which included the construction of a large rigid wall already installed at the base and bluff face plantings — have reached $5.3 million. 

Additional costs of $640,000 related to engineering designs and administration bring the total cost to $6 million for Phase 1.

According to the treasurer, the village is currently negotiating with the company that installed the Phase 1 bluff face plantings to determine coverage of the costs for the work destroyed during last winter’s storms. 

Phase 2, the upper wall project — which includes installing a rigid wall with a steel plate at the crest of the bluff — will be partially funded by federal taxpayer dollars as a $3.75 million FEMA grant. Village officials announced final federal approval for this grant money last month. Local taxpayer dollars will fund the remaining Phase 2 expenses. 

According to the treasurer, village officials will better understand the total costs of Phase 2 once the village bids for the work of constructing the upper wall. 

Village trustees approved a $10 million bond resolution in 2021 to fund the project (phases 1 and 2) overall. To date, $5.2 million of the $10 million approved has been borrowed. 

Additional potential costs to date include a possible drainage project at the bluff’s crest, and additional expenses related to repairing recent storm damage to the bluff face. 

Sheprow told TBR that the village is exploring possible additional grant funding to supplement identified additional costs. 

Relocating Port Jeff Country Club

“The bad news is that there’s no single solution,” Englebright said. “The good news is that you [the village] own 178 acres due to the wise investment by the mayor’s father, former mayor Harold Sheprow, made in [1978].” 

“That gives you the ability to relocate the building,” he added, referring to Port Jefferson Country Club.

Englebright suggested that project options be costed out over time and compared before more is done. He would like to see more than engineering expertise weigh into decisions about the project. “Engineers will always tell you they can build anything,” he said. 

He envisions a retreat scenario as done in phases or possibly all at once. “But those decisions have to be costed out,” he said. 

Englebright ended his lecture by commending the current mayor. “I can tell you this, I have met with the mayor and she is doing her homework,” he said.

The next civic association meeting will be held Nov. 11 at 6.30 p.m. at the Port Jefferson Free Library.

by -
0 1704
Capital projects fund review of East Beach bluff stabilization shows an estimated $800,000 budget overspend. Photo by Lynn Hallarman

By Lynn Hallarman

The final report reviewing the capital projects fund was presented to the public by CPA firm, PKF O’Connor Davies of Hauppauge, at the Village of Port Jefferson Board of Trustees Sept. 25 meeting, ending a year of uncertainty over the financial condition of the fund.

The most significant conclusion was an estimated $1.27 million in overspending on capital projects done without an identified funding source. The largest overage was the East Beach bluff stabilization project of about $800,000.

Why the review was done

One year ago, concerns were raised by then newly-appointed village treasurer, Stephen Gaffga, about the bookkeeping practices that track the village’s capital projects fund. This prompted village officials to hire PKF O’Connor Davies to give a full historical accounting of the fund’s financial recordkeeping. The review spanned from May 2016 to May 2023.

“I noticed shortly after starting my position as treasurer in September of 2023 that our capital projects fund looked like every expense account had a negative balance, which immediately raised red flags for me,” Gaffga said in an interview with TBR News Media.

Gaffga noted that best practices recommended by the Office of the New York State Comptroller were not being followed, making it difficult to track how money was being spent on individual projects.

Ideally a capital project fund ledger should give a granular view of how money flows though different projects and meticulously accounts for funding and payments related to each project, according to the OSC.

The village additionally enlisted Charlene Kagel, CPA — former commissioner of finance for the Town of Brookhaven and ex-Southampton village administrator — as an expert municipal finance consultant to assist the village as it corrects bookkeeping practices to comply with state guidelines.

Reports findings

According to PKF O’Connor Davies, the purpose of the capital projects fund review was to identify which projects have been funded, which have been overspent and what grant funds for specific projects have not yet been reimbursed to the village.

The report provided a clearer picture of the capital fund financial state, especially addressing the overall negative balance observed a year ago. PKF detailed 26 projects as having a deficit fund balance.

Reviewers also noted that “recordkeeping varied by project” — or in other words, the bookkeeping lacked a consistent approach across the ledgers.

Overall, the review revealed an $8.1 million total deficit as of May 31, 2023. “Most of this deficit, an estimated $5 million, is due to grants expected but not yet received by the village,” Gaffga said.

The estimated $1.27 million shortfall comes from spending on a few large projects, most of which, $800,000, is attributed to the bluff stabilization project.

Gaffga explained that the additional spending on the bluff project occurred incrementally over several years starting in 2017, with board members approving these expenses without first identifying a funding source.

Recommendations

Recommendations to the village boil down to one improvement: Follow bookkeeping guidance outlined by the OSC.

The report also identifies the absence of a long-term capital projects fund plan for the village.

Kagel told TBR that an excellent capital plan should include a list of proposed projects by department heads and for municipalities to assign each project a “priority ranking” year by year.

“The board ranks what projects are most important and then figures out how they are going to pay for it,” she said.

Gaffga added, “There will need to be an identified funding source to correct that $1.27 million deficit in the capital fund.”

Gaffga pointed out, however, that this amount is an unaudited estimation. The village has hired a new accounting firm, R.S. Abrams & Co. of Islandia, to finalize the numbers cited in the report before village officials will move forward with a financial plan to reimburse the capital projects fund, as required by municipal law.

“Bottom line, it’s just bad bookkeeping. The village didn’t follow the recommended practice and accounting procedures that are set forth by the state and this is what happens when you don’t,” Kagel said.

Moving forward

The treasurer for a municipality is the custodian of all capital funds, responsible for tracking the finances of each project and developing financial reports for the board and the public.

“At the same time, the board is ultimately responsible for the oversight of the village financials,” Kagel said. “It’s pretty clear that municipalities aren’t supposed to overspend their budget, according to general municipal law in New York State.”

“Stephen [Gaffga] has implemented an OSC best practice, tracking each project financial detail to be sent to the board monthly, so the board can say, ‘Hey, how come we’re in the red on this project?’” she said.

“I’m glad we are now through the most difficult part of the capital projects fund review process and we now know exactly where the village stands,” Mayor Lauren Sheprow said in an email statement to TBR News Media.

“Now the village can proceed to develop a truly transparent capital project plan with guidance from our new Budget and Finance Committee and our incredible treasurer, Stephen Gaffga,” she added.

The full report can be viewed on the Village of Port Jefferson website at www.portjeff.com, and the next Board of Trustees meeting will be held on Oct. 9, as a work session.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

by -
0 1622
Matt Makarius secures a tag line to Ryan Parmegiani as they prepare to enter the floodwater Aug. 19. Photo courtesy PJFD

By Lynn Hallarman

At 10 p.m. on Sunday, Aug. 18, Christian Neubert, second assistant chief for the Port Jefferson Fire Department, responded to what seemed like a routine call. The skies over Port Jefferson village were clear. But shortly after that, the village was caught unaware by an unrelenting downpour that would last nearly six hours.

“Once the rain started, we had very few moments of it letting up,” Neubert said in a phone interview with TBR News Media. The storm’s intensity caught everyone off guard.

Then, the firehouse started to flood. The station’s dispatchers could see through surveillance cameras that water was collecting in the back parking lot and the storm drains were slowing as water began to flow in reverse. 

Dangerous conditions

Flooding at the Port Jeff fire station in the early morning of Aug. 19. Photo courtesy PJFD

Neubert recalled that at 11:20 p.m., Chief Anthony Barton notified all department members to respond to the firehouse to assist with worsening flood conditions. The fire trucks were moved out of the station, but rapidly rising waters filled with sewage and contaminants prevented members from moving gear and other equipment. 

Soon, the calls for help started to come in. From 11 p.m. until 3 a.m., firefighters responded to 11 urgent water rescues as vehicles became trapped in rising floodwaters. Rescuers worked in pairs tethered by a rope, with one firefighter in the water, the other on solid ground. This strategy ensured that no one was swept away or sucked into an open manhole. 

“The most dangerous aspect of flood rescues is to our team. As the drainage system in the village backs up, the manhole covers will literally blow off. That night, there were open manhole covers throughout the village,” Neubert said. 

No firefighters or rescued members of the public were hurt that night, but people needed to be transported to the Village Grocery’s parking lot, where they could eventually be picked up by someone. The fire station, now flooded with 3 feet of water, could not be used to stage the station’s emergency response or serve as a temporary shelter for flood victims.

Complicating matters, firefighters were dispatched to respond to several fire alarms, which were triggered, it turns out, by floodwaters.

With the fire station out of commission, rescuers were forced to rely on radio communication while sitting in their trucks in torrential rain. The constant pelting on the vehicles made conversations hard to hear over the radio. And it was dark. 

For hours, the fire department battled two emergencies at once: the flooding of their station and responding to calls for help from community members.

Storm surge vs. flash rain 

A flooded vehicle the night of the storm. Photo courtesy PJFD

Neubert recounted the difference in conditions during Hurricane Sandy in 2012 compared to this rain event. He explained that Sandy’s flooding resulted from surging tides in a slow rise. 

“We had time to prepare,” he said. “We took the fire trucks out of the building and staged them throughout various village locations. All the firefighting gear was moved to very high ground, well ahead of time.” 

This time, however, was different — a sudden and unexpected deluge is harder to prepare for. The worst flooding of the fire station in recent years has resulted from heavy rainfall over a short period, as in 2018, 2021 and now 2024. 

This most recent storm was the most damaging. “Our biggest loss was the machine we use to fill our air bottles, with the replacement cost nearing $100,000,” Neubert said. “Our contaminated gear needed professional cleaning.” The entire ground floor of the building required an extensive cleanup, and repairs are still being made to the walls and floors.

The fire department has federal flood insurance to absorb most of the cost of the cleanup. However, what cannot be accounted for are the person-hours devoted to resolving a multitude of logistical complications in the flood’s aftermath. 

“It’s the ripple effect on operations that are most challenging,” Neubert said. While he emphasized that the response to community emergencies is not impacted, they temporarily need to rely on neighboring fire departments to fill their air bottles and host training events. 

“And the community may forget our firefighters, about 100, who are all volunteers, live in the village and work full-time jobs,” he said. 

The fire station sits in a floodplain 

This reporter went on a three-hour tour of the downtown flood basin with former village mayor and longtime firefighter Mike Lee. Many years ago, the salt marsh was slowly filled in to accommodate new construction, disrupting the natural water management between the harbor and the higher ground. Now, much of the runoff flows into an overwhelmed culvert system, worsening flooding and putting additional stress on critical infrastructure such as the firehouse. 

“The town, when first developed, was situated above the salt marsh, not on top of it,” Lee said. “The original Main Street was what is now East Main Street,” he said as we walked downhill toward the Gap parking lot.

The flooding problem is compounded by frequent heavy rainstorms related to climate change. The fire station sits atop a high-water table, once the salt marsh. 

Moving the station? 

“I do know for certainty, there is not another fire department in Suffolk County that floods,” Neubert said. 

But he chuckled when asked about moving the fire station. “We would if it was realistic,” he said. It is not from want of trying, he pointed out. 

“Find me an affordable 2 1/2-acre available piece of flat property within the boundaries of our 3-mile fire district that is not too near residential housing and is close enough so the response time to an emergency is not increased,” he said. 

And this wish doesn’t include the cost of a new building. 

According to Neubert, to preserve an ideal response time, a new firehouse would need to be situated in the fire district’s central geographic location, somewhere in the vicinity of Belle Terre Road and Myrtle Avenue. 

For now, the fire department is doing everything it can to mitigate flood damage. “We are using FEMA money to install flood doors,” he said. “All the radio-server equipment has been moved to the second floor.”

The goal, he reflected, is to make sure the department is not fighting too many battles at once. 

The Port Jefferson Civic Association is actively working to raise community awareness and build local support for the fire department, as the department considers options to address the flooding issue long term. 

“Flooding is our greatest challenge,” Ana Hozyainova, president of the civic, said. “Yet, we’re not making strategic decisions as a community to help safeguard a vital asset — the fire department.” 

“Their job is to protect our property, livelihoods and lives. The danger is that, eventually, their own crisis could grow so large that they won’t be able to respond to ours,” she added. 

by -
0 2065
James Burke and Andie Fortier at Port Jefferson Farmers Market this past spring. Photo courtesy Burke and Fortier

By Lynn Hallarman

Here’s why supporting Long Island food producers is more important than ever.

It is a Sunday morning in July, about 5 a.m., and the birds are quiet. Andie Fortier and James Burke are loading their truck with a bounty of vegetables they harvested the day before. The drive from their 3-acre farm in Amagansett to the Village of Port Jefferson is about an hour fifteen this time of day. The weather is iffy, but Andie knows the regulars will show up, making the trip worthwhile.

Packed up, Andie hops in the truck and heads to the market. James stays behind on the farm because there is too much work for both of them to spend a whole day selling.

By the time Andie arrives at Harborfront Park around 7:15 a.m., several vendors in vans are already lined up along the circular drive at the park’s entrance, taking turns unloading their goods. Some are busy setting up plywood tables on stacks of crates, hanging signs or filling buckets with water for flowers. Others are grabbing a quick cup of coffee, breakfast or helping another seller set up their tent. Andie’s mother and a friend are there, waiting on a designated grassy spot overlooking the harbor to help with the setup. Later, when the market starts, they will pitch in to serve customers while Andie keeps the stand piled with fresh fare from the July harvest.

Fortier and Burke feel lucky to have landed a spot at Port Jefferson Farmers Market in 2020. On the South Fork where they work their 3 acres, getting into a market can take years. For their small startup, Sand & Soil, now in its fifth year, competing with roadside farm stands and established growers with a large, loyal customer base can be challenging — sometimes even impossible.

Vital part of community life

Eighteen years ago, Port Jefferson Farmers Market was established by the Economic Development Council under former Mayor Margot Garant. Since then, it has become a vital part of the village’s community life, now featuring around 42 vendors. These include three vegetable farmers, flower farmers, a herb farmer, honey producers, a cheese maker, meat and fish vendors along with a host of local food artisans. To qualify as a vendor, all items must be grown, gathered or processed on Long Island.

Port Jefferson village tapped into a growing trend of using farmers markets to strengthen ties between residents, agricultural communities and local businesses. Nationally, the number of registered markets in the USDA Farmers Market Directory, has risen from 2,000 in 1994 to 8,600 today. Farmers markets are increasingly used as a strategy to create walkable community hubs for all ages, bring fresh produce into urban environments and draw people to local business centers.

Sand and Soil farm stand at Port Jefferson farmers market. Photo by Lynn Hallarman

New farmers

Sand & Soil’s success at the Port Jeff market highlights the promise of the Farms for the Future Program, launched by the Peconic Land Trust in 2009. This program provides affordable land leases and technical support to new farmers, with the goal of creating the next generation of Long Island farmers.

“Fortier and Burke started farming with 1 acre as part of our incubator program. They are our superstars on the South Fork,” said Dan Heston, director of agricultural programs at the trust and leader of Farms for the Future.

According to Heston, farmers markets are the best way for new farmers who can’t afford their own land to get their footing in the Island’s grower community. These markets allow them to build a loyal customer base, with people returning weekly to fill a bag with freshly harvested vegetables.

However, Heston explained that the quality of farmers markets can vary significantly.

“Some of them are a whole lot better than others,” he said.

Most importantly, he added, “Farmers markets have to have farmers.”

Connecting with the farming community

Fortier and Burke remain loyal to the Port Jeff market even though they also sell at Springs Market in East Hampton and the Montauk Farmers Market. For one thing, they grew up in Port Jefferson where the parents of both of them still live, keeping connected to the community. However, the main reason they stay is the atmosphere of the market.

“People out where we live are always questioning why we still bother to drive to Port Jeff, but this is our best market — we love the comradery with other vendors and the customers are enthusiastic. They want to learn about our organic farming technique,” Burke said.

Ask any regular why they come back to the market week after week, they usually mention the relationships they’ve built with specific vendors. 

“It is part of our Sunday routine,” Susan Raynock from Rocky Point said. “We go to church, get coffee and then walk around the market.” Sometimes, Raynock and her friends will have lunch in the village afterward.

Fortier and Burke are happy to answer questions from customers about their products. They want people to know that everything they see on the stand has been grown on their property and picked by them, usually the day before the market.

Melissa Dunstatter, the market’s longtime manager and herself a vendor, sees the farmers market as an incubator for local businesses. She points to several food entrepreneurs in the area that got their start in the Port Jefferson Farmers Market.

“Without the market … our businesses would struggle to be successful,” she said. “It brings people together every week, they look forward to it. And they’re eating better.”

by -
0 1028
The crew of 'Go Bananas,' Jason Dank and Ryan Matheson. Photo by Lynn Hallarman

By Lynn Hallarman

The reigning champion boat, Go Bananas, crewed by Jason Dank and Ryan Matheson, was soundly defeated by Doug Santo and Chris Voorhis in their seaworthy vessel, Yacht Rock, during the 13th annual Sikaflex “Quick & Dirty” Boat Build Competition held on Sunday, Aug. 11, at Harborfront Park in Port Jefferson.

After the race, the organization held a raffle drawing for a 12-foot fiddlehead double paddle canoe, custom-built by volunteers. Port Jeff resident Margaret Mansone was the big winner of the hand-built canoe raffle.

This year, six boats competed for the top spot mixed with confidence and trepidation, facing old rivals and hungry newcomers.

“We had a lot to prove,” Santo said in a post-race interview with TBR News Media.

The Long Island Seaport and Eco Center, based at the Bayles Boat Shop at Harborfront Park, hosts the race annually as part of a fundraiser to support its community-based educational activities.

The boat-building competition required teams to design and build a small boat within a five-hour time limit using only materials supplied by LISEC. Teams raced against the clock on Saturday, Aug. 10, to finish seaworthy ships in preparation for Sunday’s race.

Doug Santo and Chris Voorhis with their seaworthy vessel, ‘Yacht Rock.’ Photo by Lynn Hallarman

Prior to the race, judges Mayor Lauren Sheprow, former village trustee Rebecca Kassay, (now Democratic candidate for the state Assembly District 4,) and mother-son team Donna and Michael Antignano scored boat designs based on five criteria: uniqueness, neatness, construction, creative paint design and paddle design.

“We have learned from our past mistakes,” said Peter Charalambous, the captain of Winner II. As the 2019 champions, Charalambous and his fiancée, Sunny, have refined their building technique as they prepared for this year’s event to recapture their past glory.

Sadly, Winner II took on water and sank yards before the finish line.

Capsizing the start line, The Joey Z’s, was manned by Brian Tierney and Joe McNaughton, who “have no regrets.”

Heads held high, Mike DeMacia and Lyle Ross — crew of The Candy — gave it their all to the finish well behind the leaders.

Redeemed, Go Bananas was named the winner for best boat design, sharing top prize with Ken Callirgos and Matt Deveau, of The Wall, a paddleboard-style vessel. While some questioned whether a paddleboard qualifies as a boat, the United States Coast Guard recognizes it as such.

Go Bananas, Yacht Rock and The Wall raced in calm seas with precision and determination. In a surge of strength, Yacht Rock pulled ahead in the final seconds of a close contest for the win as the crowd’s roar reached a fevered pitch.

by -
0 1108
Andrew Thomas argues his case to remain on the zoning board of appeals. Photo courtesy PJ Village website

By Lynn Hallarman

Andrew Thomas, architectural designer and village resident, made his case to remain as a member of the Village of Port Jefferson Zoning Board of Appeals at the Board of Trustees meeting July 31.

Having served on the ZBA since 2014 and the Architectural Review Committee since 2020, Thomas highlighted his experience in a detailed statement. Thomas is the husband of former village trustee Rebecca Kassay, now Democratic candidate for the state Assembly District 4. 

Despite his efforts, trustees voted 3-1 in a resolution to “fill the vacant position under which Thomas was serving in a holdover capacity.” He was replaced with real estate agent and ZBA alternate member, Alexia Poulos. Trustee Kyle Hill cast the dissenting vote, while trustee Stan Loucks was absent. 

Addressing prior concerns about possible conflict of interest from his dual roles on the ZBA and ARC, Thomas offered several solutions to the board including withdrawing from the ARC or recusing himself from certain matters. He stated that legal counsel from the New York Conference of Mayors indicated no conflict exists. 

Zoning procedures

Zoning is the process by which a municipality is divided into separate districts or zones. The goal is to avoid incompatible land uses, like a car wash being built in a residential area. If an applicant, such as the builder of a car wash, is dissatisfied with the zoning regulations, a petition can be lodged with the ZBA for a variance. The ZBA then decides whether to grant or deny this request. 

Holdover status

According to the July 1 organizational minutes of the Board of Trustees, Thomas, along with another ZBA member and three members of the Planning Board are currently in “holdover” status, with terms that have expired as far back as 2022. 

Additionally, a total of 17 volunteer members across several different committees and advisory councils have also been identified in the minutes as serving in holdover status due to expired terms. 

Holdover status occurs when a volunteer member continues to serve after their official term has expired, ensuring that the board, committee or council remains functional. Volunteers in holdover status can be reappointed or replaced by a governing body such as the Board of Trustees according to New York State Public Officers Law. 

When a ZBA member is in holdover status, the Board of Trustees can replace that member without a formal public hearing. This is an exception to New York State law, which mandates a public hearing when a member is being removed “for cause,” such as meeting absences or ethics violations. 

Thomas underscored the importance of the ZBA’s independence from political influence and called for the reappointment of all holdover members to restore proper procedure. He concluded by requesting continued service, stressing the importance of “experience, continuity and public trust” in the board’s functions. 

“I understand how directly and even emotionally land use decisions can affect individual citizens. It is one of our most direct and meaningful interactions with government and it requires great care and respect,” Thomas said in his statement. 

Mayor Lauren Sheprow in an email to TBR stated that “we have recently discovered a comprehensive and consistent lack of timely and accurate recordkeeping of our land use board members by prior administrations over the years, resulting in term start and end dates that are not verifiable.” 

She added, “We are diligently working to bring all boards, committees and councils into compliance with NYS Village Law if they are not.”

The Board of Trustees will hold a work session Aug. 14. The next trustees board meeting open for public comment will be held Aug. 28.

by -
0 4842
Political banner on the balcony of the Frigate ice cream and confection store. Photo by Lynn Hallarman

By Lynn Hallarman

A lawsuit upheld in 2022 a local business owner’s right to display a political banner, and now raises questions about municipal control over sign safety and aesthetics. The same sign, “In Trump We Trust,” is back up again.

In 2013, then Port Jefferson Village Mayor Margot Garant knew she had a problem — a proliferation of cheaply made signs cluttering the village’s visual look. Some signs were made of flimsy plastic, pressboard or haphazardly tacked up to storefronts. Some were waving in the breeze, at risk of flying off a facade or airlifting skyward off a property lawn. Others were just unsightly. 

Garant and the trustees decided to revise the village code to help business owners have more choices as a first step to cleaning up junky and unsafe signs. 

‘We had many work sessions to improve the code and make businesses feel like they had options,” Garant said. “Uptown was a sign disaster, but we made progress cleaning up storefronts in line with the village’s character overall.” 

Garant found the sign issue perennial and hard to keep up with. New businesses were easier to manage, but for some older establishments compliance with sign rules felt like government overreach. A few businesses ignored the permitting process altogether or accepted a fine as the price of doing business, according to Garant.

Then, in 2020, George Wallis, from Nissequogue, and the decades-long owner of the property housing the Frigate ice cream/confectionary store and The Steam Room restaurant in the village, used the location to express his support for former President Donald Trump (R). 

Wallis hung an oversized banner containing a political statement off the second-story balcony of the Frigate, a prominent spot at the bustling intersection of East Broadway and Main Street. The building is directly across from the Bridgeport & Port Jefferson Ferry terminal, making the display hard to miss. 

From the perspective of village officials, the banner violated several village sign requirements and Wallis did not apply for a permit. 

For one thing, the banner has Goliath-size proportions relative to the dimensions of the two-story Lilliputian-style building. Banners affixed to buildings are not allowed per the code and the pliable plastic material used does not comport with the aesthetic standards of the code. Village officials also worried that the oversized banner, strung across the building’s second-floor balcony, was a driving distraction, as it faces west directly into a three-way intersection — with pedestrians, oftentimes, dashing across the road. Officials wanted it taken down. 

Wallis had wrestled previously with the village government over an unpermitted political sign and had it taken down, but this time he refused to budge.

So the village escalated the situation to a legal remedy in the courts in hopes that he would back down, according to Garant. Wallis, instead, hired a lawyer and fought the charges leveraged against his business entities.

But in several interviews for this story with Garant and current Mayor Lauren Sheprow, opinions from municipal legal experts and a review of publicly available documents suggest that the legal battle, which Wallis won using a free-speech argument, has hamstrung the village’s ability to enforce its sign code and established a legal precedent allowing any person or business to erect a prohibited sign if the content is political. 

The legal complaint

A series of legal briefs filed in 2020 and 2021 by then deputy village attorney Richard Harris, for the Village of Port Jefferson, accused several business entities owned by Wallis of violating local sign ordinances. According to documents reviewed by TBR News Media, these entities allegedly failed to apply for permits and displayed signs of prohibited type, size and material. 

The briefs detail the hanging of two signs in different time frames containing political speech: “In Trump We Trust” and “Impeach Cuomo,” referring to the then New York governor. The charges did not pertain to the banners’ political content, which is protected under the First Amendment’s right to free speech.

Still, Wallis’ attorneys claimed the alleged accusations violated his right to free speech and requested dismissal of the case.

Harris argued, in a nutshell, that Wallis needed to follow the village sign code like everyone else. 

In July 2022, the Honorable Tara Higgins, judge of the village Justice Court, ruled in favor of Wallis, stating that the village’s arguments defending sign ordinances regarding aesthetics, safety and permitting were “unconvincing.”

Village withdraws legal appeal 

Harris submitted a legal appeal, reviewed by TBR News Media, to the Appellate Term of the New York Supreme Court arguing that the judge’s arguments were poorly reasoned and ignored legal precedent regarding a municipality’s ability to govern signs.

According to the New York State Division of Local Government Services, local governments may impose reasonable “time, place and manner” restrictions on speech to set forth the circumstances under which signs may be displayed. Obscene content is not allowed.

“All I can say is that based on the United States Supreme Court precedent, the village can enforce its code against the sign like that,” Mark Cuthbertson, lawyer and municipal legal expert, told TBR in a phone interview. 

He added, “If that’s the village’s policy going forward, based on this legal decision, someone can put up a huge Kamala Harris banner wherever [and however] they want.” He noted that other municipalities may face similar challenges to their sign code rules based on this new legal precedent, which seems to allow political signs to bypass municipal sign ordinances. 

The Sheprow administration subsequently withdrew the village appeal, stating that it “wanted a fresh start” and planned to take “steps against any sign code violations” regardless of the sign’s content.

Reactions from the public

TBR spoke with several patrons on the weekend of July 20-21 near the Frigate to gauge their opinions on the newly-placed banner with the same political message that was displayed in 2020. 

Most expressed approval using descriptors such as “delighted,” “ecstatic” and “in favor.” One woman thanked me for reminding her to take a picture of the banner for her Facebook page. She loved the sign. 

The general sentiment among those surveyed was that the banner represented an expression of free speech and that the village needed to “chill out,” as one supporter put it. Others noted that the village seemed to be enforcing its sign code selectively, singling out the Frigate for sanctions while similar style banners are hung undisturbed throughout downtown Port Jeff. In 2020 press reports, Wallis surrogates had voiced this belief of selective enforcement, suggesting that the village’s actions were driven solely by the banner’s political message. 

Wallis has consistently declined to speak with the press. TBR did not receive a response, either, from the Frigate’s store manager for comment.

During a casual stroll around the village, this reporter identified about seven prohibited banners across various businesses, though these banners contained nonpolitical messages. 

Most of the complaints about the current Frigate banner are directed to the village Town Hall or The Greater Port Jefferson Chamber of Commerce, according to Sheprow. These complaints primarily concern the political content, accusing the village of allowing it to remain. However, the village never had or wanted control over the political content, even before Wallis’ victory in court. 

“The village is nonpartisan,” Sheprow said. “The village would never enter into an endorsement situation or sanction the political speech of any candidate.”

As of writing, village officials have moved to cite all businesses, many for the first time, which are displaying code-prohibited banner-type signs. 

“Personal notifications went out today, including to Mr. Wallis’ business entities,” Sheprow said. 

Many prohibited banners have already been removed to date. As at press time, the Frigate banner was still hanging from the building.

by -
0 998
Project Action Committee member Beth Watson, trustee-elect Kyle Hill, Deputy Mayor Rebecca Kassay, Andy Freleng, director of Planning & Building Department, PAC members Bob Laravie, Mary Ann Bernero, Frances Campani and Michael Schwarting. Photo by Lynn Hallarman

By Lynn Hallarman

Increasing intense storms and rising sea levels compound the risk of damaging and costly flooding in the Village of Port Jefferson. 

On June 20, village officials hosted the second of two interactive community workshops to explore project proposals for addressing flood risk in the downtown area. The initial workshop was held in April 2023. 

Climate Resilience Plan

In 2021, the village secured grant funding from the New York State Regional Economic Development Councils to tackle the longstanding flooding problem in Port’s downtown watershed. The total project is budgeted at $110,000, for which the state funding covers 75% ($82,500) and the village is responsible for 25% ($27,500), according to village Treasurer Stephen Gaffga.

Village officials formed the Project Action Committee, composed of expert consultants, to collect and analyze data related to flood risk and use it to create the Climate Resilience Plan. The plan currently outlines five potential projects focused on innovative flood and storm surge prevention as part of the village’s strategic planning. The purpose of the June workshop was for PAC leadership to receive community input on several of their proposals and to inform the public about the committee’s progress. 

The initiative, led by outgoing Deputy Mayor Rebecca Kassay who is the village’s sustainability commissioner, includes PAC members such as architectural experts from Campani and Schwarting; Amani Hosein, legislative aide to Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook); village residents and other local experts. 

Mayor Lauren Sheprow, Kassay, trustee-elect Kyle Hill, Andrew Freleng the village’s director of Planning and Building Department, Kornreich, several PAC members and members of the public attended the workshop. 

“Our village is experiencing issues related to stormwater runoff, a high-water table and tidal flooding that all impact downtown Port simultaneously,” Kassay said. “Tonight’s workshop is part of the village’s ongoing efforts to explore all angles of the problem and to find solutions that will truly make a difference.” 

Project proposals

Michael Schwarting, partner of Campani and Schwarting Architects, presented updated committee findings and outlined five potential projects. A breakout session allowed the public to learn about individual projects from PAC experts. 

“The village watershed is a bowl, collecting water from the south, east and west, all going to one place — down into the commercial district of Port Jefferson,” Schwarting said. “Then there is the harbor from the north, whose sea level is rising and having increasing storm surges.”

According to data from the New York State Department of Environmental Conservation, the Long Island region is predicted to experience a sea rise of up to 12 to 25 inches by around 2050.

Blue line represents downtown watershed area in the village of Port Jefferson. Maps courtesy of CASA.

Overview of the projects: 

1.  Develop designs for reducing stormwater flowing from the numerous steep streets upland of the village into the downtown area. 

2.  Assess the flooding problems of the culvert (underground drainpipe) that collects stormwater from Main Street and Barnum Avenue to Old Mill Creek at Village Hall. Convert portions of the culvert into a series of cased ponds for flood mitigation. The water is naturally cleaned when exposed to light. 

3. Complete the 2011 Old Mill Creek restoration plan from Brook Road to the harbor, restoring Old Mill Pond and daylighting the creek culvert — removing obstructions covering the creek — from West Broadway to the harbor.  

4. Update the 2013 village-approved Harbor Front Revitalization Plan in the 2030 Comprehensive Plan, incorporating storm flood mitigation and rising tides solutions as well as creating a green Harborfront Park. This plan would require relocating the harborfront marina parking. 

5.  Research ways to contain stormwater on-site in public off-street parking lots and mitigate these heat islands with trees. 

Water table levels below the surface of the village of Port Jefferson. Courtesy of CASA

Public concerns, official responses

Most concerns voiced at the meeting focused on project feasibility and potential costs to the village. One resident questioned the impacts on village parking if the Harborfront area, currently used to park up to 300 cars, is converted into a green space. 

To date, Campani and Schwarting Architects has billed the village $33,200 for its work studying the flooding problem as PAC members. According to Gaffga, the village has been reimbursed $17,850 of this cost by the state as part of the grant funding. The state grant will ultimately cover 75% of the total costs of the PAC initiative studying flooding risk in downtown Port.  

This reporter asked PAC members if the impacts of the recent uptick in housing development projects and installation of impervious surfaces, such as the Mather Hospital parking lot and asphalt repaving of the walkway at Harborfront Park, have been accounted for in the data analysis and project proposals.  

“That is a good question,” Frances Campani of CASA responded. “We can consider overlaying those impacts in our next mapping update.” 

“This is a step-by-step process,” Sheprow told TBR in a post-workshop interview. “The village has to put together many preliminary studies like the PAC initiative to garner support from the state to win big funding opportunities for major infrastructure projects. Without the studies, we’ll never get those large state and federal grants.”    

Rendering of the proposed Harborfront Park. Courtesy of CASA

New funding

Kassay informed the public at the workshop about the recent attainment of a $300,888 grant, including $270,799 from FEMA with the difference covered by the village, for an engineering study of flood mitigation at especially vulnerable sights in the downtown watershed. Kassay hopes this new funding for an expert engineering study will create synergy with the PAC initiative to set up the village to receive funding from New York State to implement the proposed projects and other innovations. 

The full workshop and slideshow can be viewed on the Port Jefferson YouTube channel. Comments about the project proposals are open until July 15. 

Prev123...4Next Page 2 of 4
TBR News Media is your local news and entertainment website.
We provide you with the latest breaking news and information for your community.
Contact us: [email protected]

Most Viewed

©