Port Jeff Branch LIRR riders still waiting for basic amenities at Grand Central Madison
It has been 14 months since the Long Island Rail Road began full-time East Side Access service to the $11.6 billion Grand Central Madison terminal in the Midtown East neighborhood of Manhattan, with the prospect of benefits for Port Jefferson Branch riders. So it is disappointing that MTA Chairman Janno Lieber just announced the release of a request for proposals for a master developer to manage and operate all 32 vacant storefronts at GCM. Responses are due by June with a contract award in summer 2024. MTA anticipates that all 32 storefronts should be open for business by 2026.
In the meantime, only one storefront will be occupied later this year. This is a sad commentary on MTA Chairman Janno Lieber, MTA Office of Capital Construction and MTA Real Estate in management of the LIRR ESA GCM project. The original completion date was 2011. Full-time service began in February 2023. MTA Real Estate had years to find tenants for the vacant storefronts. They should have completed the process to hire a master developer to manage the storefronts years ago. This would have given the master developer plenty of time to find tenants for the vacant storefronts and give tenants adequate time to coordinate the opening of their stores.
Waiting three years until 2026 before all 32 storefronts are open for business is a failure. Given the physical layout, it is also not credible to believe that you can replicate the Metro-North Grand Central Madison Dining Concourse. There is no central location for significant seating. MTA clearly dropped the ball for planning retail openings. It also represents a loss of three years’ worth of tenant revenue. Riders will continue looking at the artwork covering up the vacant storefronts. Commuters and taxpayers have to also ask when will the other vacant storefronts at NYC Transit, Long Island and Metro-North Railroad stations be leased. Why was MTA Real Estate unable to lease all vacant assets in a timely manner? It would have generated badly-needed revenue and provided riders with the basic amenities they are still looking for.
Further destruction of terracing and plantings on the East Beach bluff after recent rainstorms. Photo by Lynn Hallarman
Recent setbacks in East Beach bluff stabilization project have officials and residents on edge
By Lynn Hallarman
East Beach is a village-owned strip of sandy shoreline situated between the northern front of the Long Island Sound and the base — or toe — of a steeply set bluff, roughly 100 feet high.
A jetty opens into Mount Sinai Harbor eastward of the bluff. To the west, the shore stretches past a series of private properties, then past the village of Belle Terre, and finally curves inward, reconfiguring as Port Jefferson Harbor.
For decades, the village-owned Port Jefferson Country Club, perched near the crest of the bluff, was invisible to beachgoers below, shielded by a thick tangle of greenery clinging to the bluff’s north front.
But in recent years, a series of intense rainstorms, combined with sea rise and pressures from human-made alterations in the landscape above the bluff, have set in motion deforestation and scouring, denuding the bluff of vegetation and accelerating erosion in the direction of the country club’s foundation. The club has become precariously close to the bluff’s edge. Without a plan, there was no doubt it would slide down the bluff onto the shoreline below within a few years.
To make matters worse, the bluff stabilization project, whose aim is to stabilize the position of the club, has been beset with complications in the wake of a series of recent storms unraveling costly work completed just last summer as part of Phase I of the project.
As communities across Long Island are confronting relentless coastal erosion, TBR News Media focuses on the obstacles facing the bluff stabilization project at East Beach, exploring the complexities, costs and alternative solutions to rescuing the country club.
The big picture
Bluffs change naturally over time, feeding sand to the beach and replenishing the shoreline. They respond to the force of winds, waves and tides, creating new states of equilibrium with the beach below and the landscapes above. The Long Island shoreline has been reshaping for thousands of years, sometimes imperceptibly and sometimes in dramatic fits of landslip — that is, chunks of shoreline abruptly falling into the sea.
East Beach and its bluff are inseparable from the adjacent coastline — they move as the coastline moves. When humans make changes in the shorelines by adding bulkheads, jetties and other rigid structures, the effects resonate laterally, affecting the movement of sand and ocean from beach to beach along the shoreline.
“Port Jefferson’s experience with bluff restoration is a microcosm of what has been happening all over Long Island,” said Chuck Hamilton, a marine biologist and former regional natural resource supervisor for the state Department of Environmental Conservation for some 33 years.
“For a long time, farmers on Long Island had their farms right on top of the bluff, and shoreline erosion happened naturally,” he said. But now those same areas are being subdivided and developed, adding weight and impermeable surfaces abutting the shoreline. “And guess what? Now we need to stabilize.”
For decades, Port Jefferson Country Club was invisible to the beachgoers, shielded by a thick tangle of greenery clinging to the bluff. Undated photo courtesy Port Jeff historian Chris Ryon
The project
When Port Jefferson’s mayor, Lauren Sheprow, took office in July 2023, the bluff stabilization project was already in motion. Sheprow, a former public relations professional, had campaigned on a platform of two core values: financial transparency and safeguarding of village assets. However, the realities of rescuing the country club — purchased in 1978 when her father, Harold Sheprow, was village mayor — while keeping project costs under control have proven to be complex and demanding.
Most of Phase I of the project happened before the current mayor took office. This work included the installation of a 454-foot rigid wall at the base, terracing and native grass plantings on the bluff face. With Phase II now under her purview, Sheprow believes it is her responsibility to see the project to completion: the installation of a wall system along the bluff’s crest, directly seaward of the imperiled country club.
“I swore to protect and preserve the property owned by the Village of Port Jefferson, and therefore the residents. Preserving and protecting is not ignoring an erosion issue,” the mayor said.
Phase I, costing approximately $5 million, relied on local taxpayer dollars financed through a bond repayable over time. Phase II, estimated at $4.8 million, will be financed mostly by federal taxpayer dollars by a FEMA grant of $3.75 million.
Financing the endeavor has been rife with holdups and stymied by a six-year-long permitting process. It has been almost a year since Phase I was completed. Final signoffs related to the FEMA funding for Phase II are still pending, preventing the village from seeking bids for construction of the upper wall. However, the village treasurer, Stephen Gaffga, said he hopes to see the signoffs come through this month.
By many accounts, questions about the project’s funding have rankled residents for years. The prevailing sentiment is that the village pushed through a $10 million bond for the stabilization project (phases I and II combined) without a community vote through a bond resolution.
“When I am asked about my position about the bluff restoration, I never saw the arguments on all sides of the project flushed out,” said Ana Hozyainova, president of Port Jefferson Civic Association. “Village officials took the position from the beginning that the building must be saved, no matter what. That imperative has limited the discussions about options.”
Complications
The uncertainty surrounding the cost and timing of needed repairs because of winter storm damage to the bluff faces further complications in Phase II. “Negotiations are ongoing” between the village and the contractor about who is responsible for absorbing these additional expenses, Gaffga said.
Drainage issues at the bluff’s crest are also hampering progress, and likely contributed to the recent collapse of the newly-installed terracing along the western part of the bluff, below the tennis courts. “There are huge puddles sitting at the crest, after heavy [recent] rainstorms,” Sheprow said. The strategy and cost related to addressing the drainage issues have not yet been determined, she added.
Although the project was divided into two phases because of funding constraints, “its ultimate success,” according to Laura Schwanof, senior ecologist at GEI Consultants of Huntington Station, “hinges on both walls working together to curtail erosion and prevent the club slipping down the slope.”
GEI has been involved with village erosion mitigation projects since 2009. The two-wall system for the bluff stabilization was their design. “The problem with this project is protection number two — the upper wall — has not been installed,” Schwanof said. When asked how long the wall system might hold up, she couldn’t say.
“What does happen, and has been seen across the Northeast, is that as we get more frequent storms, higher wave energy, higher rainfall events, rigid wall structures may work in the short term. But if you look 50 years down the road, they may not be as effective,” she said.
“Hard erosion protection structures such as revetments or bulkheads can be costly, only partially effective over time and may even deflect wave energy onto adjacent properties.” Jeff Wernick, a DEC representative, wrote in an email.The DEC, he said, permitted the East Beach project based solely on “the immediate threat to significant infrastructure.”
Completion of Phase I in spring 2023, before winter storms unravel work on the bluff face. Photo from the PJ Village website
Retreat?
When Steve Englebright, 5th District county legislator (D-Setauket) and geologist, was asked about the stabilization project, he started with a lesson about glacial formations dating back 17,000 years. Englebright scrutinized photographs of the bluff during an interview with TBR News conducted after the recent storms.
“When the bluff, which is partially made of clay, is overweighted it behaves like squeezed toothpaste,” he said. “You can see toothpaste-like extrusions on the beach.”
Missing from the conversation, according to Englebright, is a reckoning of what is happening along the entire Long Island coast. “People don’t understand the overall dynamics,” he said. “That’s why I’m trying to give you the big picture — that the entire North Shore is unstable.”
“Trying to defend a single property is human folly,” he added. “You can buy some time, but how much are we paying? I don’t believe it’s realistic because you can’t stop the overall dynamic. The village should celebrate the fact that they have the ability to retreat and use that ability. Right? The bind is if you don’t have land, but they have the land. Strategically retreat, rebuild the building.”
Stan Loucks, a village trustee and a former country club liaison, was asked to put together a retreat plan by former Mayor Margot Garant — confirmed by her to TBR News. “I did a plan A — proceed with the restoration project — or plan B, retreat —about three years ago,” Loucks said. “I got prices for the demolition of the country club, moving the tennis courts and an architectural rendering of a new club further inland.”
“The drawings had a huge deck on this side overlooking the Sound, and the huge deck on this side overlooking the golf course. I would have loved to take that plan to the end,” he added.
Loucks’s retreat plan was never vetted publicly. Sheprow told TBR she never saw a retreat plan.
Loucks remembers when tennis court No. 5 went in a landslide a few years ago. “It was massive and happened overnight,” he said. “And the slide took the gazebo, too.”
For World Water Day on March 22, Suffolk County Executive Ed Romaine (R) announced the start of the 2024 funding cycle for the county’s Water Quality Protection and Restoration Program. Under this annual program, grants are provided to eligible projects designed to protect and restore the county’s groundwater and surface water resources.
The Drinking Water Protection Program was originally approved by the electorate in 1987 and has been modified over time to bring in other issues such as land stewardship. WQPRP funding is drawn from revenues generated by the 0.25% sales tax, as detailed in Article XII of the Suffolk County Charter. This article is designated to the program for environmental protection, property tax mitigation and sewer district tax rate stabilization.
With 11.75% of the total revenues generated each year under the 1/4% Drinking Water Protection Program, WQPRP grants funding to municipalities and nonprofit organizations for projects that fit under one of the following umbrella categories: (1) habitat restoration, reclamation and connectivity (2) non-point-source abatement and control and pollution prevention initiatives (3) no-discharge zone implementation (4) land stewardship initiatives or (5) education and outreach.
Proposers have until June 7 to apply for an award, ranging from $50,000 to $250,000, toward planning, engineering and construction costs. Applications from last year will roll over without further action.
According to the Suffolk County Press Office, 10 to 15 projects are approved every year, each serving to “maintain the ecosystem services that our natural aquatic environment provides.” This perennial attention to water quality is essential considering the county is enveloped by the South Shore Estuary Reserve, the Peconic Estuary and the Long Island Sound and replete with rivers, streams, tributaries, lakes and ponds.
One notable 2022 grant recipient was the Town of Brookhaven Cedar Beach Habitat Restoration. With the help of WQPRP funding, invasive plants were removed from coastal dunes and forest areas and replaced with a native plant species. This undertaking set out to harmonize the ecosystem through reduced erosion and improved nutrient/pollutant removal. The blueprint also proposed underground wildlife tunnels to provide diamondback terrapin turtles with a safer passage to their nesting grounds than treacherous Harbor Beach Road in Mount Sinai.
The WQPRP Review Committee evaluates projects with a mix of multiple choice and written responses, and also takes into account whether the project is of present priority and/or involves construction or site improvement components.
Online attendance at the Proposers Conference at 11 a.m. on April 16 will garner candidates points toward the scoring of their application. The standout projects will be recommended to the county Legislature for approval.
Although there is a wide range of eligible applicants, the priority project types for this year include wastewater treatment improvements, green stormwater infrastructure implementation, nature/nature-based infrastructure for coastal resilience, fertilizer use mitigation and habitat restoration, reclamation and connectivity.
Projects must have a thorough work plan and budget, as well as proof of the funds that Suffolk County would be matching. The project also must be ready to commence within a year of assuming the grant and completed within three years of the agreement between the applicant and the county.
“This program is an effective tool in our ongoing work to clean and protect Suffolk County waters,” Romaine said. “It is unique in the way it brings towns, villages and the not-for-profit environmental community together with the county to work on projects that make an impact locally and regionally.”
The Suffolk County Press Office adds that everyone’s small contribution toward protecting and restoring our local fresh and saltwater systems is “crucial for preserving and benefiting the environmental, economic, aesthetic and recreational advantages afforded to our community by our unique aquatic environment.”
Information on policies, eligibility and classifying water bodies and their quality can be found by searching “WQPRP” at www.suffolkcountyny.gov, along with an application.
On Friday, April 5, a 4.8 magnitude earthquake hit north-central New Jersey and was reported as having been felt across the tri-state area — including across our communities. An earthquake of this magnitude has not hit the East Coast since 2011, when a 5.8 magnitude earthquake centered in Virginia shook areas across New York.
Experiencing an earthquake can be a disorienting and unnerving event, as it involves the sudden movement of the Earth’s surface caused by the release of energy in the Earth’s crust.
For those who have experienced an earthquake, the sensation is often described as a sudden jolt or shaking, sometimes accompanied by a rumbling sound. Initially, there may be a feeling of confusion or disbelief as the ground begins to move unexpectedly.
As the earthquake progresses, the intensity of the shaking can vary, ranging from mild tremors to violent jolts. Buildings and structures may sway or vibrate, causing objects to rattle and shift. The ground itself may undulate or roll, creating a sensation akin to being on a boat or riding a wave.
During a seismic event, individuals may feel a range of physical sensations, including dizziness, nausea or difficulty maintaining balance. It’s not uncommon for people to experience heightened anxiety or fear, especially if they are unfamiliar with earthquakes or if the shaking persists for an extended period.
In some cases, the intensity of the earthquake may be strong enough to cause damage to buildings and infrastructure, leading to collapsed structures, fallen debris and potential hazards such as ruptured gas lines or downed power lines.
It’s important to note that each earthquake is unique, and the experience can vary widely depending on factors such as proximity to the epicenter, building construction and personal resilience. Regardless of the magnitude or duration of the earthquake, it’s essential to remain calm, take protective action and follow established safety procedures to minimize the risk of injury and ensure personal safety.
Be prepared in the event of an earthquake
If you’re indoors, move away from windows, glass doors and exterior walls to avoid injury from shattered glass or falling objects.
If you’re outdoors, move to an open area away from buildings, trees, streetlights and utility wires. Drop to the ground and cover your head and neck with your arms until the shaking subsides.
Be mindful of potential hazards such as tall furniture, bookcases and heavy objects that could topple over during an earthquake.
Identify safe zones within your home or workplace, such as sturdy doorframes or interior walls, where you can seek shelter.
Prepare an emergency kit with essential supplies, including water, nonperishable food, first-aid supplies, flashlights, batteries, a battery-powered radio and a whistle.
Establish a communication plan with your household members or neighbors to coordinate actions during an earthquake or other emergencies.
Be aware of potential aftereffects of an earthquake, such as aftershocks, structural damage, gas leaks and electrical hazards. If you suspect damage to your home or utilities, evacuate immediately and contact emergency services for assistance.
Stay informed about earthquake risks and preparedness measures in your area. Monitor local news, weather alerts and emergency notifications for updates on seismic activity and safety recommendations.
Elaine’s Restaurant and Bar in East Setauket. Photo courtesy Elaine Micali
By Katherine Kelton
Since the closing of Stony Brook village’s Pentimento restaurant, former teacher Elaine Micali felt there was a hole in the community. She had previously been manager at the eatery that closed in 2021. She long wanted to open a restaurant of her own, though the timing never seemed to work out. Micali and her husband Enzo, both Italian Americans, seriously began searching for a location over two years ago.
Elaine Micali always knew she wanted to have her restaurant in Three Village. “My husband and I raised our kids here. We have lived here for 30 years. I love Three Village. There were other restaurants in other towns that became available but I wanted to be here,” she said.
Formerly Tai Show North, the building that houses Elaine’s Restaurant and Bar was the perfect fit for the couple. “When this spot became available we thought this would be a great spot because we’d pull from not only Three Village, but also Port Jefferson, Miller Place, Mount Sinai and the South Shore,” Micali said. Located on Route 25A in East Setauket right across from Se-Port Delicatessen, which she calls “the best deli on Long Island,” the new restaurant is in a convenient location.
Community is of the utmost importance for Micali. “We had all local tradesmen, we have a local interior designer Nancy Munch from Open House Country Flowers & Interiors, we have all local busboys, and hostesses and waiters,” she said.
The community has similarly reciprocated the goodwill. No seat was left vacant on opening night, according to Micali. She shared that every weekend for the next six weeks is fully booked. “We want to be the place where you’ll come with your family,” she remarked.
One foodie Instagrammer Justin Hurwitz (@diningdealfoodie) wrote, “Elaine’s embraces you with warmth and sophistication, inviting you on a culinary journey unlike any other.”
The menu itself is a reflection of the home-cooked meals the Micali family loves. One of Elaine Micali’s personal favorites, the Spaghetti Augie and Ollie, is cleverly named after her grandsons. Her other favorite, which she makes frequently at home, is the Cotoletta Milanese. There is a “happiest hour” Mondays through Fridays, 4 to 6 p.m.
The Italian restaurant has been decorated thoughtfully in what Micali described as “a hip cool vibe with a nostalgic old-world feel.” The European inspiration comes from English and Italian architecture absorbed by the Micalis on their trips overseas. When planning, the couple also wanted to tie in a Manhattan swanky feel that may be more familiar to visitors.
Elaine Micali recalled a memory from a cooking class she took with chef Jean-Georges during the pandemic when she asked him, “What would you tell someone who’s opening up a restaurant?” He replied, “Don’t do it” — though she did it anyway.
She added, “You have to be insane to open a restaurant, there’s a lot of moving parts. It’s everything from learning about what to do with frying oil, where to get the bread from and where to source the fresh greens.”
Before opening the restaurant, Micali was a teacher in Kings Park for 10 years. She also owned a private learning center, Da Vinci Education and Research, for 16 years while working as an adjunct professor at Stony Brook University in the English Department.
She explained why she and her husband work so well together is that “my husband comes from a business background, I come from a hospitality background, and so together we’re able to come together and really figure it out.”
The couple have managed to create a truly special Italian eatery that is already admired by the community.
From left, County Legislator Steve Englebright, Assembly District 4 candidate Rebecca Kassay and District 1 Councilmember Jonathan Kornreich. Photo courtesy Abigail Choi
By Sabrina Artusa
Rebecca Kassay (D), current Port Jefferson trustee and deputy mayor, will be running for election to the New York State Assembly as the representative of District 4, which consists of Port Jefferson, Stony Brook, Setauket, Belle Terre, Old Field, Poquott, Port Jefferson Station, Terryville, Coram and Gordon Heights.
In addition to her work as an elected official, Kassay was a youth program director at Avalon Park and Preserve in Stony Brook and the owner of the Fox and Owl Inn in Port Jefferson.
Kassay received an endorsement from county Legislator Steve Englebright (D-Setauket), the assemblyman for District 4 from 1992 to 2022 when he was defeated by Ed Flood (R-Port Jefferson), as well as Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook).
“With Rebecca’s experiences and deep understanding of the many overwhelming issues facing our communities, I am certain that she will be effective on day one in the Assembly,” Englebright said in a statement.
Kassay said that she and Englebright share an interest in the environment, if elected, she intends to continue his environmental efforts, including the Packaging Reduction and Recycling Infrastructure Act, which holds companies responsible for the waste they produce through their packaging.
With a degree in environmental studies and over a decade of experience working on environmental conservation projects, Kassay believes that environmental sustainability is a necessary consideration behind any decision. “The fiscal side of decision-making is on the top of the list of priorities,” she said, adding that, “Environmental responsibility is fiscal responsibility.”
As someone from a science background, facts and trends shape her views rather than the “fearmongering” political approach she said is commonplace. That is why she hopes to carry the ideals of community-rooted, nonparty politics of local legislation to the state level.
“Here are the real issues, and we are going to work together to fix them,” she said, describing her approach to leading. “It is fear versus pragmatism — I don’t want to call it hope [because] I know we can get this done.”
Some of the issues include more efficient transit systems, more affordable housing, securing sufficient funding, affordable health care and maximizing the worth of every dollar to the community’s benefit.
“She has gained authentic experience as a longtime business owner, a member of community organizations, an environmentalist and as an elected representative, and I’m confident she has the real-world experience to be an impactful and successful member of the NYS Assembly,” Kornreich said.
Being grounded in the community is a foundational value in Kassay’s view of leadership, and it is something she plans to do by keeping in close communication with local officials and strengthening the relationships between offices, organizations and nonprofits.
Municipalities across Suffolk County struggle with inefficient transportation and oppressive traffic, and District 4 is no exception. Kassay, like many other officials, hopes to alleviate the burden of transportation.
At the end of her first term, if she is indeed elected, Kassay said she wants to feel “confident that the community knows I am there for them.” A resident herself, Kassay acutely feels Flood’s absence from local events — events she considers are opportunities “to better understand the community.”
“Through all those different experiences — working with the environment, having a business, being elected and working on the legislation — I have seen how important it is to have effectively engaged officials on all levels,” she said.
There will be a Democratic primary election on June 25 for Kassay against Skyler Johnson of Port Jefferson Station.
Port Jefferson resident Xena Ugrinsky has announced her bid for the village board of trustees.
Ugrinsky served as the head of financial reporting, budgeting and planning at Young & Rubicam, a New York advertising agency/public relations firm. After becoming involved in the software and technology fields, she worked with clients in the utility industry. She moved into management consulting with national companies including Arizona Power, PG&E, Con Edison and National Grid.
She described her background in a letter to The Port Times Record editor on June 29 last year: “The proudest day of my life was when my parents and I took the oath to become citizens of the United States. I was 8 years old. As a Russian emigrant, my father applied for and received a Tolstoy grant, which sponsored our family’s journey to America. They arrived on these shores with a baby, a box of books and dreams for a brighter future.”
In an interview, Ugrinsky, who currently sits on the village’s Budget and Finance Committee, said that she was running for trustee because “I’ve reached a point in my career where I want to give back to the community I live in.”
One of her major issues is figuring out the future of the Port Jefferson power plant.
“My goal was to figure out a way that I could help the village be involved in the broader conversation, and I believe we have a moment in time where we have the opportunity to be in the forefront of what is happening in energy,” said Ugrinsky, who also sits on the village’s Power Plant Working Group. She suggested the plant could be used to start producing “green hydrogen.”
Ugrinsky said that while she may not have the solution for how to handle the power plant’s future, she is trying to “create a collective conversation among all of the stakeholders so that Port Jeff has a voice, has visibility into what’s happening and, in a best case scenario, can become a beacon to the rest of the United States for innovative power.”
“Let’s collectively figure out what we need to build so that Port Jefferson has a future with this power plant,” she said.
Ugrinsky’s other key issues include fiscal responsibility and transparency. She believes that Mayor Lauren Sheprow has increased transparency, including establishing an ethics board, along with other volunteer committees.
The election for the trustees is on Tuesday, June 18.
With the solar eclipse happening today, we must emphasize the critical importance of viewing it safely.
Do NOT look directly at the sun for any length of time. Staring directly at the sun, even during an eclipse, can cause irreparable damage or blindness. Please protect yourselves, your children and your pets. Don’t turn this remarkable celestial day into a moment that will threaten the future vision of anyone in your household.
Use approved solar viewing glasses. Only use specialized solar viewing glasses that meet the ISO 12312-2 international safety standard. Regular sunglasses do not offer adequate protection and can make it easier to look into the sun, although not any safer.
Consider using pinhole projectors or other indirect viewing methods to observe the eclipse safely without staring directly up at the harmful rays that can cause solar retinopathy. These methods project an image of the sun onto a surface below you and not in the sky, allowing you to view the passing of the moon in front of the sun without risking eye damage.
Supervise pets during the eclipse to ensure they do not look directly at the sun. Keeping pets indoors helps prevent them from looking up to see what’s happening.
Be cautious of counterfeit solar viewing glasses. Purchase them from reputable sources only to ensure they meet safety standards.
The eclipse will have varying durations depending on your location. Refer to reliable sources for the precise timing in your area.
Your safety is of utmost importance. Let’s make this celestial event a memorable and safe experience for all!
After working most of your life and finally paying off your mortgage, the last thing you want is to see the assets you’ve accumulated through years of diligence fall into the government’s hands because you required long-term care either at home or in a nursing home. There is a way — a perfectly legal and legitimate way — to shield those assets and protect your children’s inheritance. But there’s really no time to lose. One of the ways in which we protect assets is by creating a Medicaid Asset Protection Trust (MAPT).
With a MAPT, you can protect your assets from the cost of long-term care. But there is a hitch: The trust must be created sixty (60) months before nursing home care is necessary. Currently, in New York, there is no lookback for transfers made before you apply for home care or Community Medicaid. At the writing of this article, we are unsure if a lookback will ever be implemented in the homecare setting. To be safe, planning early is imperative and the key to asset protection and preservation.
Let’s back up a second. Nursing home care is extremely expensive (very roughly $15,000 a month) and few people can afford to pay this amount over the long haul. Ultimately, they will rely on the Medicaid benefits to which they are entitled. In fact, approximately 72% of all nursing home costs in New York are covered by Medicaid. That means if you are in a nursing home paying privately, you are in the minority.
Under the 2024 Medicaid resource allowance, the application can have $30,182.00. If you have assets that exceed that amount, there could be a spenddown. If you do nothing, you could lose your home and investment assets. If you establish a MAPT — and stay out of a nursing home for sixty (60) months — those assets are out of the government’s reach and will be there for your benefit and ultimately, your beneficiaries.
In addition to the resource allowance, a Medicaid recipient can have retirements accounts in an unlimited amount (provided those accounts are set up for a specific monthly distribution), an irrevocable pre-paid burial, and a car. At death, there will be recovery for the benefits paid by Medicaid during the recipient’s life. This recovery can be avoided if assets avoid probate by having a joint owner, beneficiary, or are held in a MAPT when the recipient passes.
Although situations differ, what happens most often is an aging person or couple, as part of sound estate planning, will consult with an elder law or trust/ estate lawyer to weigh the benefits and drawbacks and determine if a MAPT makes sense and which assets should go into the trust. The trust funding is a crucial part of this process as is choosing a trustee. Often, the trustee is an adult child or other relative or friend who you can trust to follow your wishes.
What happens if your house is in a trust, and you decide to move? No problem. The trustee can sell the house and then the proceeds can be used to buy another home or simply invested to pay you income from the trust.
Similarly, if you put your stock investments in the trust, the trustee can buy and sell securities in the trust. The new home and the new stock stays in the trust. The grantor of the trust keeps all the income, and the principal is protected.
Trusts can be legally complicated, and if you do decide to investigate a MAPT, it’d be wise to consult with an attorney who specializes in that area of law and keeps a close watch on statutory changes that may affect the operation of the trust. Mistakes and oversights can have devastating unintended consequences. It may be difficult or impossible — and it will certainly be expensive — to revise a trust. Better to get it nailed down just right from the start.
Hon. Gail Prudenti, Esq. is a Partner at Burner Prudenti Law, P.C. focusing her practice on Trusts and Estates. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.
New York Students for Mental Health Action Coalition head Vignesh Subramanian shaking hands with Robert Martinez, chief assistant to the Suffolk County Executive Ed Romaine. Photo courtesy Vignesh Subramanian
By Aramis Khosronejad
Vignesh Subramanian, head of the New York Students for Mental Health Action Coalition, has been working determinedly toward his goal of implementing more diverse and improved suicide prevention acts in the state Legislature.
Subramanian has been successful a few times already and has been following a certain plan: Rewriting and amending the Student Suicide Prevention Act that has already been implemented and established. Subramanian was hoping to follow this same course of action to augment suicide prevention laws to incorporate college students as well — currently, the SSPA of New York mainly focuses on K-12.
This idea was well supported by many different colleges, several county officials and some state-level lawmakers. This fervent support was demonstrated through a rally that Subramanian was involved in organizing. At this event, student delegates from many Long Island universities such as Stony Brook, Hofstra, LIU and Adelphi were present to help push these changes to the SSPA to move forward.
A few lawmakers were also present, namely, Assemblywoman Jodi Giglio (R-Riverhead) and state Sen. Anthony Palumbo (R-New Suffolk). Subramanian also rallied the support of the SSPA’s Senate sponsor, Sen. Brad Hoylman-Sigal (D-Greenwich Village) as well as Assemblyman Daniel O’Donnell (D-Morningside Heights).
Despite all of this support, there was an unexpected obstacle that had to be resolved.
Despite O’Donnell’s background in ardently and actively promoting such suicide prevention laws and their improvement, he and his office provided an unanticipated problem for Subramanian and the NYSMHA Coalition.
Since the Legislature is in session for a limited period, time is very precious. O’Donnell and his office have “been noncommittal about amending the SSPA and has not communicated with coalition leaders directly, frustrating student government leaders and partner advocates,” according to Subramanian.
In an interview, he admitted to being disappointed by O’Donnell’s inaction and explained that he believes O’Donnell “was concerned that amending the bill would lengthen the process the bill would have to take to reach passing.” Regardless, the whole conflict was “very unanticipated” and Subramanian and his colleagues scrambled for “alternative strategies.”
Subramanian and his coalition were forced to adapt quickly to their new situation, so they had to take a new tactic. In contrast to the original plan, which was using the SSPA as a blueprint, Subramanian and his colleagues decided to create an entirely new bill called the College Student Suicide Prevention Act.
The CSSPA would place emphasis on the importance of having a college-level suicide prevention law in place for students of higher education, maybe even more so than those from K-12. The bill has already been finalized and is being planned to be introduced in early April.
The CSSPA is currently receiving support from Assembly Higher Education Chair Patricia Fahy (D-Albany) and state Sen. Lea Webb (D-Binghamton).
Amid each obstacle, Subramanian said he “doesn’t plan to stop” his pursuit of suicide prevention legislation. He expressed his goal to continue his efforts to enact better suicide prevention laws for students of all fields and ages across a broader geographical scope.
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