Government

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Linda Toga, Esq.

By Linda Toga, Esq.

THE FACTS: For months now I have been meaning to schedule an appointment with an estate planning attorney to discuss my wishes with respect to a will, healthcare proxy and power of attorney. I have a lot of questions and really need some guidance as to what I should do and how I can best ensure that my wishes will be honored. Since the onset of the coronavirus crisis, I have been losing sleep over the fact that I do not have an estate plan in place. 

THE QUESTION: Now that law offices are closed and social distancing is a reality, is there anything I can do to move my estate planning process along? 

THE ANSWER: While estate planning is extremely important, at this point in time it is more important that you do your part to avoid the spread of the virus. I urge you to stay at home to the extent possible and, if you do leave the house, to be sure to wipe down frequently used surfaces, wash your hands often and follow the guidelines set by the government for social distancing. 

That being said, while you are at home, you can certainly give some thought to your estate plan and gather the information that will be needed in order for your estate planning documents to be prepared. Although I am not in my office on a regular basis, I am continuing to work with both current and new clients by phone and email. 

While personal contact may not be an option at this time, a great deal can be accomplished remotely and I welcome the opportunity to discuss with you your concerns and wishes. Also, it should be noted that the legislators in Albany and the New York State Bar Association are considering changes to the law that would allow for remote execution and witnessing of estate planning documents during this crisis. 

In the meantime, you should give some thought to who you want to name as your agent or agents in your advanced directives such as your power of attorney and healthcare proxy. It is a good idea to ask the people you are thinking of naming as your agents whether they are comfortable with acting in that capacity. Some people may not want to or may not feel they are capable of taking on the responsibility of handling your affairs or making end of life decisions on your behalf. 

While it is important for any agent that you name to know what your wishes are, it is absolutely critical that the person you name as your healthcare proxy be fully aware of the circumstances, if any, under which you may want certain types of treatments and/or procedures to be withheld.

Once you’ve decided on who you want to name as your agents and have discussed with those people your wishes, you should be sure you have the information such as the agents’ phone numbers and addresses that will be needed to prepare your advanced directives. 

In terms of your will, you should give some thought to what assets you have and what assets will pass under your will. Only assets owned by you individually as opposed to assets that are owned jointly, held in trust or subject to a beneficiary designation form will pass pursuant to your will. These assets are called probate assets. 

Once you have a handle on what assets are probate assets and what assets will pass outside your will, you can think about who the beneficiaries of your estate will be and if and how you want the assets divided. You should consider what will happen if a beneficiary predeceases you and whether you want assets to be distributed upon your death or held in trust for future distribution. In addition to how your probate assets will be distributed, think about who will handle your estate. At a minimum, you need to name an executor and a successor executor.

Although making decisions about who will serve as your agents and executor, what your wishes are with respect to end of life care and how your assets will be distributed may seem overwhelming, as I mentioned before, I am available by phone and via email to discuss with you the estate planning process and your unique circumstances. 

Once we have developed a plan, I will send you drafts of your estate planning documents for review. Hopefully by then a procedure will have been worked out for the remote execution and witnessing of your estate planning documents. If not, at least you will be ready to execute your documents in the presence of witnesses as soon as the restrictions that are currently in place are lifted.

In the meantime, I hope that the coronavirus crisis does not cause you or your loved ones undue stress or inconvenience and that you stay well. I look forward to hearing from you. 

Linda M. Toga, Esq provides legal services in the areas of estate planning and administration, real estate, small business services and litigation. She is available for email and phone consultations. Call 631-444-5605 or email Ms. Toga at Linda@LMTOGALAW.com. She will respond to messages and emails as quickly as possible. 

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Village Hires Deputy Village Attorney/Prosecutor

Port Jefferson Village Hall. File photo by Heidi Sutton

Despite the ongoing pandemic, Port Jefferson village is still moving ahead with its budget agenda, this year seeing a revenue decrease thanks in part to the LIPA settlement reducing the assessed value of the Port Jefferson Power Station.

The Port Jefferson village board held a budget hearing over the Internet, even including a live rendition of the national anthem by Port Jefferson student Nicholas Rodriguez, who played Oliver during the annual Charles Dickens Festival.

However, the new format did not allow for any public comment. This was in accordance with New York Gov. Andrew Cuomo’s (D) executive order suspending portions of the public meeting law due to the coronavirus crisis.

The proposed 2020-21 budget includes $9,992,565 in total appropriations, a 3.19 percent decrease from last year’s amount of $10,310,869. This takes into account a 3.5 percent Increase in the tax rate, a $111,088 decrease in assessed value of the Port Jefferson Power Station, as well as a $145,000 decrease in ambulance charges since that is now handled by the Town of Brookhaven.

“Cutting our budget by over $300,000 was not an easy task,” said Mayor Margot Garant. “In cutting that budget we were effective in consolidating some departments.”

One of the changes she referenced was moving one clerk typist into the position of a retiring typist, at a lower salary, without replacing the original with a new employee. 

As regards other village employees, the village assessor, who was on an hourly rate, has become salaried at $30,000, resulting in an increase of $26,019 from what he was getting paid this last year.

The board is also hiring a full-time internal deputy village attorney as a prosecutor, for a total expense to the village of $102,000. Garant said the board agreed this was needed to help prosecute offenses more effectively, also bringing in more revenue for the courts.

“We were just not getting any real effect as a board,” the mayor said. “We collectively agreed bringing on a staff full time will have more direction over individuals.

Village attorney Brian Egan said this will aid in prosecutions of village code infractions. He added that New York State’s new discovery laws, which require municipalities to present all evidence to the defense within a short time after being charged with a crime, have been difficult on small entities like Port Jeff. The new prosecutor will be in charge of handling that side of things.

“This is to really put an emphasis on our code enforcement to go out and aggressively prosecute code enforcement violations,” Egan said. “Having a full-time deputy village attorney … will benefit [the village] all the time.”

This year, the village is looking to raise $6,451,427 from taxes, a near $50,000 increase from last year.

“Because our LIPA assessment is frozen at a settlement … the assessed value shifts from the power plant to the shoulders of our residents,” Garant said.

In terms of capital projects, there are several on the horizon for the upcoming fiscal year, including building the $795,069 parking lot on Barnum Avenue. There are also plans to renovate the Highlands Boulevard retaining wall in the next two to three months using funds from the Dormitory Authority of the State of New York gained through state Sen. Ken LaValle (R-Port Jefferson). Additionally, the village has gained Suffolk County grants to renovate the bathrooms by Rocketship Park and in the lower floor of Village Hall, to fix lingering issues, make them Americans with Disabilities Act compliant and heat the outside bathrooms so they can be used in the winter. Additionally, an $80,000 drainage project on Longfellow Drive is expected to start this year.

The village has also recently received permits from the New York State Department of Environmental Conservation for securing the bluff on East Beach, which has been rapidly eroding over the past several years. The mayor had expected they would need to take out a small bond for that project. Another bonded project will most likely be the digitization of village records at both the building and planning department and the clerk’s department. Such a project may cost upward of $200,000. 

The village currently has a AA bond rating.

State Sen. John Flanagan (R). Photo by Kyle Barr

Mario Mattera, a St. James resident, local union official and Suffolk County Water Authority board member, has been tapped by Suffolk County Republicans to run for the seat being vacated by state Sen. John Flanagan (R-East Northport).

Mario Mattera

The announcement came five days after the longtime senator announced he won’t run for reelection after 18 years in the state Senate and 16 years in the state Assembly.

Mattera has been a member of Plumbers Local Union 200 for the past 25 years and is currently the business agent for the union. He said he is honored by the selection and is dedicated to fighting for the “working men and women of Long Island.” 

“I want to thank the GOP for having the confidence in me,” he said. “It is not going to be easy to fill John Flanagan’s shoes. I want to bring a commonsense voice to the Senate and be an advocate for Long Island families.”

The St. James resident said his focus right now is making sure the coronavirus is defeated on Long Island and making sure health care workers are well protected and equipped to fight the disease. 

If elected, Mattera said he would focus on a number of issues, one of them being bail reform. Republicans across the board have called for the law’s removal. Another issue would be creating jobs in the district and prevent young people from leaving.

The union official said he looks at construction jobs and blue-collar positions as the “backbone of the economy” and wants to make sure they can attain a livable wage and afford to live in the county. 

This will not be Mattera’s first attempt at elected office. In 2013, he ran unsuccessfully in the Republican Primary against current county Legislator Rob Trotta (R-Fort Salonga).

Suffolk County Republican Committee chairman, Jesse Garcia, believes Mattera has the experience to follow “a great leader” like Flanagan. 

“Mario shares our fierce Long Island values,” Garcia said. “He will be a great candidate for the people of Suffolk County.”

In addition, the chairman said the St. James resident is a go-getter and will be able to work across the table with Democrats in the Senate. 

Garcia acknowledged that this race and the one for the vacated seat of Ken LaValle (R-Port Jefferson) are important in the party’s quest to regain control of the Senate from the Democrats. He said getting Mattera and Anthony Palumbo (R-New Suffolk), a state assemblyman who is running for LaValle’s seat, elected would help their chances. Ed Romaine (R), Brookhaven Town supervisor, said he has great respect for Flanagan and is “saddened” that New York will not continue to have his leadership in Albany. But he thinks Mattera is the right choice for the seat.

“He has been in the union for many years, and he’s fought for the working people,” he said.

The Brookhaven supervisor said he is concerned about the Democratic majority in the Senate, saying he is worried that Long island will not have a strong voice. He added that up in Albany there has been a shift toward New York City interests, and it has gone away from a suburban interest. 

“If anyone can change them, it would be Mario,” Romaine said. “He’s got the energy and will get along with everyone.”

The race for the 2nd Senate District will slate Mattera against Democratic candidate Mike Siderakis, a retired state trooper from Setauket. 

Republicans lost control of the state Senate in 2018, dropping to a 40-23 minority. From 2015-18, Flanagan served as the majority leader of the Senate. 

Mattera said he has a good relationship with Flanagan and LaValle and called them both mentors to him. 

“Mario will fight back against one-party control in Albany and will be a driving force to help move our economy in the right direction,” Flanagan said in a statement. “I am proud to endorse Mario Mattera to represent the people of the 2nd Senate District.”

For the first time, you can choose to complete the U.S. Census online, by phone, or by mail. Stock photo

By Lisa Scott

Covid-19 is affecting every aspect of our lives. Businesses are being told to reduce staffing or if deemed “non-essential” to shutter altogether; unemployment claims are soaring; individuals are being urged to practice “social distancing” or simply stay home if possible; parents are experiencing a growing concern about their children’s education as school closings seem indefinite; necessary medical resources remain in short supply; and the most vulnerable among us — the homeless — are reaching new levels of despair and hopelessness. 

However, even though we are told that the situation “will get worse before it gets better,” it is vitally important that we focus on planning ahead for both our personal well-being and that of our communities.

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Lost in the relentless bad news is the immediate AND long term importance of our decennial Census. The 2020 Census will determine congressional representation, inform hundreds of billions in federal funding every year, and provide data that will impact communities for the next decade. Each one of us should educate ourselves, prioritize our response, and support efforts to ensure that ALL members of our communities are aware and participating in the Census. 

According to the New York Times, “Even at its smoothest, the decennial census is among the most sprawling and complicated exercises in American society, mandated by the Constitution to count every person in the nation, whether in homes, prisons or under freeway viaducts; whether citizens or undocumented immigrants in hiding. The 2020 census already was destined to be an even more daunting venture — the first ever conducted mostly online, in a deeply polarized nation where mistrust of the government and immigrants fearful of authorities could make an accurate count harder than in recent memory.”

A few basics: You should have already received the census invitation in the mail. You can easily complete the survey via online, telephone or USPS mail, whether or not you received the invitation. Visit https://2020census.gov/en/ways-to-respond.html for a clear explanation of this part of the process and to submit your response. Telephone responses are encouraged at 844-330-2020 (English) and 12 languages are also supported (these phone numbers are on the website).

The Census period runs from mid-March until late August. You will receive several reminders if you haven’t responded, including a paper questionnaire in early April and a follow up in person. 

All 2020 Census responses are kept confidential and private. Under Title 13 of the U.S. code, the Census Bureau cannot release any identifiable information about you, your home, or your business, even to law enforcement agencies. Your responses cannot be shared and cannot be used against you by any government agency or court in any way. The answers you provide are used only to produce statistics. You are kept anonymous.

Many consider the Census an invasion of our privacy or worse, thus ALL of us should more clearly understand the representation and resource allocation impact if we don’t complete the survey. In 2017 the Census Bureau examined the 2015 distribution of funds based on the 2010 Census, and included those federal programs using Census Bureau data to distribute funds in one of three ways: selection and/or restriction of recipients of funds, award or allocation of funds and monitoring and assessment of program performance. 

The 2017 study https://2020census.gov/content/dam/2020census/materials/partners/2020-01/Uses-of-Census-Bureau-Data-in-Federal-Funds-Distribution.pdf found more than $675 billion thus distributed, up from more than $400 billion in a 2009 study. The 2020 could have nearly $1 trillion at stake, and our communities will suffer if our negligence denies us our “fair share.”

The U.S. Constitution mandates that the country count its population once every 10 years. The results are used to adjust or redraw electoral districts, based on where populations have increased or decreased. State legislatures or independent bipartisan commissions are responsible for redrawing congressional districts. 

By April 1 of the year following the decennial census, the Secretary of Commerce is required to furnish the state officials or their designees with population counts for American Indian areas, counties, cities, census blocks, and state-specified congressional, legislative, and voting districts. Thus, in mid 2021, our New York State Legislature will receive the data from which they will redistrict and redraw lines. Our number of Congressional seats will also be reflected; it is expected that New York State may lose a seat because of uncounted populations. 

We ALL need to complete the census — our representation and our share of federal and state resources are at stake!

Lisa Scott is president of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit www.lwv-suffolkcounty.org or call 631-862-6860.

Parking meters in Northport have been covered to provide free parking in Northport during the COVID-19 pandemic. Parking meter fees have also been waived in Huntington Village. Photo by Bruce Adams

Huntington officials have made some adjustments during the coronavirus pandemic.

Parking meter fees in Huntington village are being waived until further notice to assist the restaurant and business communities. The town will continue enforcement of handicap, fire zone and other safety-related parking violations that interfere with traffic patterns or line of sight.

Huntington Town Hall is closed to the public, and this week’s planning and zoning boarding meetings have been postponed, along with traffic court.

Residents are asked to use the white mailbox outside the main parking lot entrance to Town Hall labeled “Town Hall Mail Only” to drop off mail or paperwork. There is a black mailbox to the right of the main entrance to Town Hall labeled “Tax Payments Only” to drop off tax payments. 

All playgrounds and bathrooms at town parks and beaches are closed until further notice. Parks remain open but all permits for play on town fields are canceled through March 31. Crab Meadow Golf Course and Dix Hills Golf Course are closed until further notice. The town will reevaluate March 27.

The town Senior Center’s Home Delivered Meal Delivery program will change starting Tuesday, March 24. The last day for single hot and frozen meal delivery was Monday, March 23.  Starting March 24, five frozen meals will be delivered on Tuesdays only, and the Senior Center has stopped taking new signups for the program. 

The Senior Center’s Congregate Frozen Meal pickup program will change starting Tuesday, March 24. Five frozen meals will be available for collection at the Senior Center on Tuesdays only for registered seniors between 12:30 and 2:00 p.m. Employees will bring the frozen meals outside. There will be a car lineup for registered seniors to be checked in. 

All Huntington schools remain closed.

Northport

Parking meters in Northport have also been covered to provide free parking.

Town Hall is closed with only essential staff on-site. Much village paperwork can be found and completed online at www.northportny.gov.

The Northport-East Northport Public Library will remain closed until further notice. All late fees are suspended. Residents can return items using the outside book and media returns drop box. 

All Northport-East Northport schools are closed until further notice.

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By Nancy Burner, Esq.

Nancy Burner, Esq.

Many people use irrevocable trusts as part of their estate plan for tax savings, asset protection and Medicaid planning. In all these types of trusts, the grantor (creator) of the trust is going to be limited to their access of the principal of the trust in order to ensure that their planning needs are met. This means that their ability to use trust assets as collateral for a loan is going to be limited. 

A concern that should be discussed before transferring real estate to an irrevocable trust, is whether or not you 1.) have an existing mortgage and plan to refinance in the near future and 2.) whether you think you may need to get a new mortgage or line of credit in the near future?

It is common, particularly in Medicaid planning, to transfer real estate to your irrevocable trust because Medicaid trusts typically provide that the grantor can reside in the property and shall maintain all tax exemptions formerly afforded to them. This makes the home an easy asset to protect since the transfer does not affect everyday use of the property. The biggest exception is the Grantor’s ability to refinance or secure new mortgage products once the property is in a trust since many banks will not lend to properties owned by an irrevocable trust.

While most irrevocable trusts do not expressly prohibit the Trustee from securing a mortgage with a trust asset, the loan industry’s underwriting guidelines typically do not allow it. 

Luckily, some banks are catching up with the times and have special products which can be secured against properties in irrevocable trusts. However, you should expect to pay higher interest rates.

If your preferred lending institution will not work with your property in the trust, then it may be possible to revoke the trust with the consent of the grantor and beneficiaries. However, once a trust is revoked, it will no longer afford you the planning goals it once did.
In other words, if your house was in a Medicaid Trust for 7 years and you revoke it to avail yourself to the low interest rates now available for mortgages, it will no longer be protected. The home would have to be placed in another Medicaid trust for an additional 5 years before it would be protected again should you require nursing home care and ask that the Medicaid program pay for said care. 

Always speak to your attorney before taking any asset out of an irrevocable trust. While everyone wants to pay the lowest interest rate possible, the protection you are getting by keeping the assets in the trust may outweigh the cost savings. If beneficiaries will not consent, or cannot consent due to death, disability or minority, the Trustee may be able to “decant” the irrevocable trust assets to a new trust with different terms which the bank may find more favorable. Decanting requires a Trustee who is not an interested party, so if the current Trustee is also a beneficiary, a new Trustee will need to be appointed. 

Decanting has become popular in recent years not only for amending trusts to please the lenders, but to fix a myriad of issues that older trusts may present. This is a specialized area of the law and you should seek counsel that is familiar with sophisticated trust and estate principles before transferring any asset from one trust to another.

In sum, transferring your property to an irrevocable trust will likely limit your choices for refinancing or mortgaging the property in the future. If this is something you are considering, speak to your attorney about obtaining financing before you transfer your house to the trust to avoid the hassle later.

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

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Photo from Town of Smithtown

Town of Smithtown officials announced in a press release March 13 a number of closures, adjournments and scheduling adjustments to prevent the potential community spread of the coronavirus.

“Currently there are two confirmed coronavirus cases in the Town of Smithtown,” officials said in the press release. “Suffolk County Health experts have said that as of present, each confirmed COVID-19 case had been contracted through community spread. As such, many parades, events and races have been postponed already. If you are planning on holding a large event, you may wish to consider rescheduling it to a later date, to help protect the safety of our residents.”

Smithtown Senior Center

The Town of Smithtown will be closing the Senior Center for two weeks starting Monday, March 16, through March 30.  For residents who come to the Senior Center for lunch, the town can make arrangements to deliver those meals during the building closure. The Meals on Wheels program will continue to operate to homebound seniors.

Board Meetings

The Town Board meeting scheduled for March 19 at 7 p.m. has been moved to 2 p.m. in the Victor T. Liss Board Room, and the town will suspend the public portion of the meeting. Residents can email townclerk@smithtownny.gov prior to the meeting time and those public comments will be added to the record.

The Board of Zoning Appeals and the Planning Board will be making adjustments to limit the number of individuals in the room at one particular time. The town will update the public on those scheduling adjustments in real time.

Residents wishing to watch Town Board, Planning and Board of Zoning meetings can do so via live stream by logging into www.SmithtownNY.gov.

Town Buildings

The town has asked that anyone planning to come down to Town Hall or other official town buildings to first call ahead or attempt to speak with department staff over the phone instead if possible. Many Smithtown functions can be found or completed online at www.SmithtownNY.gov as opposed to in person.

The press release also reminded residents that the closure of schools in the Smithtown Central School District from March 16 through March 22 was “not to be viewed as a typical vacation.”

“Families should consider restricting travel and avoiding large gatherings,” town officials said.

 

 

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Town of Huntington Supervisor Chad Lupinacci (R) issued an executive order declaring a disaster
emergency in the town Thursday, March 12.

The executive order authorizies the closure of some town facilities as additional measures are being taken to prevent the spread of the coronavirus.

“In an abundance of caution, the town is temporarily closing some of our facilities to ensure
vulnerable members of our community are not put at unnecessary risk,” Lupinacci said. “Declaring an emergency allows us to suspend competitive bidding procedures for the purchase of critical supplies and services, deny entry at any town facility to individuals presenting symptoms or meeting the criteria of exposure for coronavirus, and appoint personnel to fill vacancies or perform emergency services and duties.”

HUNTINGTON TOWN HALL

Town Hall remains open however additional signage and a more thorough screening of visitors will be implemented starting Friday, March 13. Visitors who appear symptomatic will be denied entry to town facilities.

ANIMAL SHELTER (DOG SHELTER ONLY)

The Town of Huntington Animal Shelter, located at 106 Deposit Road, East Northport, is closed
to visitors and volunteers after an employee called in to report symptoms Thursday, March 12.  Staff will continue to take in new dogs to the facility, greeting drop-offs at the front entrance to the shelter during normal hours of operation and will be taking care of the animals at the shelter. Calling the shelter ahead of your visit at 631-754-8722 is suggested but not required. The shelter is scheduled to reopen on Monday, March 16.

SENIOR DIVISION

The Town of Huntington Senior Center, located at 423 Park Avenue, Huntington, and Senior
Division facilities will be closed indefinitely beginning Friday, March 13, including the Adult Day
Care facility, the Senior Beach House, located at 239 Little Neck Road, Centerport, and all Senior
Clubs.

Congregate Meals (frozen meals) will be available during normal hours for pickup at the
Senior Center facility (employees will bring the frozen meals outside). There is no change to the
Home Delivered Meal Program, Expanded In-Home Services for the Elderly Program, or Residential Repair Services. Employees will be on-hand to answer calls from residents during normal hours at 631-351-3253.

HART BUS FIXED ROUTES and PARATRANSIT

HART Bus Fixed Route Service and Paratransit Service remain unaffected; however, residents are
urged to avoid riding HART buses if presenting symptoms or if they meet any of the criteria for
exposure. Healthy individuals should only use HART for essential travel.

PARKS and RECREATION

The Parks and Recreation Department has cancelled Saturday programs serving special needs
individuals. The Dix Hills Ice Rink remains open.

More information can be found at www.HuntingtonNY.gov,.

Lupinacci urged members of the public and town employees who are sick, showing symptoms of coronavirus or at-risk to stay home and call their doctor to schedule an appointment.

Babylon Supervisor Rich Schaffer points to a chart showing the impact discovery law changes have had on small municipalities. Photo by David Luces

Town supervisors in Suffolk County say recent criminal justice reform has caused “unintended consequences” to municipalities and local code enforcement. They are asking the state to exempt small municipalities from new guidelines, among other things. 

The issue they have is with the state’s new discovery provisions, which require names and contact information for complaints to be turned over within 15 days of arraignment. In turn, it has eliminated anonymity, which many municipalities rely on when it comes to handling code violations. 

“You’re not going to call, you’re not going to complain, what does that do for the quality of life?”

— Ed Romaine

Rich Schaffer (D), Town of Babylon supervisor and chair of the county Democratic committee, said at a March 5 press conference they usually receive a lot of anonymous tips from concerned residents but have noticed many are not willing to come forward with the new changes. 

“They don’t want to put their names down, and quite frankly we don’t want to [either],” he said. “We want to be able to go after the offenders and educate them on how to clean up their act and be a good neighbor.”

A letter signed by all of the county’s town supervisors was sent to Gov. Andrew Cuomo (D) in January. The group said with the new standards in how case information is turned over to the courts, it means there are currently no distinctions between a homicide case and a “municipal code violation for high grass.” 

The supervisors said the reform was rushed through the legislature and didn’t give municipalities enough time to formulate a public education campaign. In addition, the changes hurt them on a local level because the state “got involved in things that we didn’t need their involvement in,” Schaffer said.

Supervisors also complained the requirement for after issuing a summons, a court date must be set within 20 days. Officials said it used to take a month to process cases, but now there are four additional “hoops to jump through” to process a complaint. A case could take up to two years to be resolved.

Town of Brookhaven Supervisor Ed Romaine (R) said the criminal justice reform has had a “chilling effect on code enforcement.” 

“So now, if you live next to a guy that has a house with two illegal apartments and four or five unregistered vehicles and trash on the property, if you call, we are obligated by state law to tell the guy next door that you called,” he said. “You’re not going to call, you’re not going to complain, what does that do for the quality of life?”

The four supervisors called on the state Legislature to pass a bill that would allow townships to handle their own code enforcement cases and reinstate anonymity.  

State Sen. Jim Gaughran (D-Northport) and state Assemblyman Fred Thiele (I-Sag Harbor) are proposing bills that would allow anonymity for those reporting local code violations, let municipalities take these cases out of district court and allow them to create their own administrative bureau. 

Chad Lupinacci (R), Town of Huntington supervisor, said many of the problems discussed can be eliminated if municipalities had their own administrative bureau. Huntington is one of three municipalities in the state to have one. 

“The bureau should be up and running sometime in May,” he said. “Code enforcement officers, instead of having to comply with these changes, will be able to just enforce the code and ensure that neighborhoods are safer.”

Brookhaven assistant attorney David Moran said they will work in compliance with the law but called it an “unfunded mandate” with no real direction given how to be in compliance. 

Schaffer said he’s volunteering Babylon to be the guinea pig regarding not following the new law and seeing what comes out of it. 

“I’d like to be the test case to challenge the system,” he said.

Brookhaven’s Landfill Set to Close in 2024, Romaine Says a Plan is Needed Now

The Brookhaven Landfill is set to close in 2024, but while the town has put aside money towards that end, a concrete plan has yet to materialize. Photo from Google maps

About 100 people crowded into the lower level of a Melville office building Feb. 27. All were there to talk about what ends up in the trash bin. Yet, despite the dry subject matter, all knew that garbage will be the talk of Suffolk County and beyond in just a few short years.

New York State DEC Regional Director Carrie Meek-Gallagher speaks about what it will take to impact the looming garbage crisis. Photo by David Luces

The Long Island Regional Planning Council hosted a meeting about what Long Island does with its garbage and, in particular, how the region will dispose of millions of solid waste when the Town of Brookhaven landfill closes in 2024.  

The discussion brought together local elected officials, environmentalists, waste management company representatives and the state Department of Environmental Conservation, among others.  

Michael White, vice chair of the planning council, outlined the issue to attendees in a presentation. 

Currently, the Brookhaven landfill handles over 350,000 tons of ash annually from energy-from-waste facilities, in addition to handling 720,000 tons of solid waste. 

“Solid waste management is achieved through a public and private sector partnership,” White said. “Trash is either burned or exported to four energy-from-waste facilities on the island.”

The facilities in Hempstead, Huntington-Smithtown, Babylon and Islip are all operated by Covanta Energy. The Babylon location handles about 50,000 tons of waste. 

“The remainder of the residential trash is shipped off on trucks to upstate landfills,” the vice chair of the planning council said. 

White said waste from Oyster Bay, the Town of North Hempstead, Riverhead, Southampton and East Hampton get driven off the island.  

“We have thousands of tons of waste shipped off Long Island every day, resulting in further stress on our aging and congested highway and bridge infrastructure,” he said. “And this approach is bringing us ever-increasing costs.”

In a panel following the presentation, experts and officials discussed potential solutions and ideas to what was called a “looming crisis.”   

“The amount of waste generated on Long Island is increasing,” White said. “With the current volume at the Brookhaven landfill, that means 720,000 tons a year of waste has to find a home somewhere, and another 350,000 tons of ash from the energy from waste facilities will have to find a home somewhere.” 

Will Flower, the vice president of regional trash carting company Winters Bros., said statistics show each person produces about 4 1/2 pounds of waste a day. Each day 2,000 trucks transport waste off the island. 

An option mentioned was increasing the use of rail cars to transport solid waste. About 6,000 rail cars carry 600,000 tons of waste off the island.  

Other attendees and panelists said stakeholders need to come up with more innovative ways to handle waste. Ideas included turning ash into building materials and pulverizing recyclable glass to use in road materials. 

“It’s not a looming crisis — It’s now.”

— Ed Romaine

Flower showed a piece of landfill equipment damaged by glass as a result of it being put with other waste, adding that glass can be and should be recycled. 

Since China’s 2018 decision to ban the import of most plastics and other materials used by its recycling processors, a number of municipalities have altered programs and in cases have reduced or eliminated recycling. Suffolk County has recently created a Regional Recycling Assessment Task Force in an effort to tackle the issue.

Town of Brookhaven Supervisor Ed Romaine (R) called for a regional effort. 

“It’s not a looming crisis — It’s now,” he said. “Either we get together as a region to resolve this and have a path forward, or this is going to be yet another thing that makes Long Island less desirable to live and work.”

The supervisor stressed that the region needs to act to find ways beyond either burning or storing waste in landfills.

“I can’t believe in 2020 that’s the only two ways to deal with waste; we need to do something now before we run out of time,” he said. 

Officials from the planning council said they plan on forming a subcommittee to look at the solid waste management crisis and asked attendees to help them develop further recommendations.