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Voters heading to the polls Nov. 6 who live in the Town of Brookhaven will find this proposition on the back of their ballots.

Brookhaven Town residents will have to flip over their ballots Nov. 6 to respond to a referendum pertaining to councilmembers’ terms in office, but they’d have to do backflips in the voting booth to be able to respond to the two-part question which allows for a single “yes” or “no” answer.

After a public hearing featuring speakers mostly in opposition in August, Brookhaven’s board unanimously moved to proceed with establishing a referendum on the back of this year’s ballot, an off year for Brookhaven’s representatives.

“Should the town code of the Town of Brookhaven be amended to establish term limits of three (3) four-year terms for elected officials, and amend the length of term of office from two (2) years to four (4) years for all elected officials commencing January 1, 2020?” the referendum will read verbatim.

Despite there being two components to the question, voters can only respond “yes” or “no.” The wording of the referendum was written by the town’s Law Department, according to Town Attorney Annette Eaderesto.

When asked why they wanted to expand terms from two to four years councilmembers and Supervisor Ed Romaine (R) in interviews and during the hearing offered similar, admittedly understandable explanations for the change. Having to campaign and fundraise for elections every two years is laborious, and makes getting things done difficult once in office, they said — both the Republicans and the board’s lone Democrat. While we can see how this would be a problem, we’d prefer to see adjustments to campaign finance law, requiring less fundraising and allowing more time for actual legislative work, before going with a solution that results in voters having less frequent opportunities to express their opinions.

Issues could be raised and conspiracy theories crafted for the motivation of the Town Board to advance a referendum like this during an otherwise ordinary August meeting based on the fact more than one member of the current board is nearing 12 years in office. If passed, based on the wording, term limits would begin to be instituted on councilmembers beginning in 2020, meaning years already served will not have started their clocks. Fair or unfair, the process did nothing to squash those theories. And even without those issues, there is still no way to reconcile that putting a referendum with perplexing verbiage before town voters will somehow yield the will of the people.

This is not to mention an additional element — that in 1993, residents voted to implement a limit of three, four-year terms on elected officials in Brookhaven thanks to a referendum, though that law was no longer applicable following a 2002 public vote to establish council districts, as state law dictates councilmembers in towns with council districts serve two-year terms, according to Emily Pines, Romaine’s chief of staff and a former New York State Supreme Court justice, who spoke during the August hearing. That interpretation has been questioned by many and could conceivably lead to a lawsuit if the referendum passes.

Add it all up and the answer became clear to our editorial staff: We’ll be voting “no” on Proposal One.

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New York State sen. Carl Marcellino will face a challenge from Democrat Jim Gaughran Nov. 6. Photos by Alex Petroski

It’s a political rematch two years in the making for New York State’s 5th Senate District.

Incumbent Carl Marcellino (R-Syosset), who was first elected to office in a 1995 special election, currently represents the mixed district consisting of Nassau and Suffolk residents. He claims to have successfully gotten 275 laws passed and serves as chairman of the Senate
Education Committee.

Democrat Jim Gaughran, of Northport, is a sole-practitioner attorney of nearly 30 years experience and current chairman of Suffolk County Water Authority. He’s previously served as a councilman for the Town of
Huntington and a Suffolk County legislator. In the 2016 race, he came up short against Marcellino by a slim margin of 1,761 votes, or roughly 1.2 percent of the roughly 145,000 ballots cast.s. Now, he eyes an office in the state Senate.

“One of the primary differences is the senator is very happy with the way things are going, the way Albany works,” Gaughran said. “I think there’s a lot we need to do in Albany that hasn’t been done.”

Both candidates sat down for an exclusive interview with TBR News Media on state and local issues.

Education

The challenger recognizes that the federal government’s action to cap state and local tax deductions at $10,000 will pose a financial challenge to homeowners. If elected, he’d like to use it as a reason to increase state funding of public schools, while gradually cutting property taxes.

“To me, public education should be the No. 1 funding priority for the State of New York, period,” he said.

Gaughran said he believes there are too many unfunded mandates on schools, the state needs to provide funds for projects, and would like to decouple state testing scores from teacher evaluations.

Marcellino claimed he has increased state aid to school districts by approximately $1,500 per pupil while serving as state education chair. He supports the 2 percent state-mandated tax cap to keep taxes under control. Marcello said he also believes the state needs to study and review efficiency of school programs it sponsors and pays for. The incumbent said part of that burden also falls on school districts to be careful with what programs they introduce, ensure they are needed and all districts should consider consolidation.

Infrastructure

One area Gaughran said he’d like to see Long Island receive more funding is for infrastructure, particularly relating to improving water quality. He will fight for more state funding to upgrade sewer treatment facilities to state-of-the-art  technology and expand sewers. The Democrat said the biggest issue faced in Suffolk is to improve the water quality by replacing current cesspools with microsewers. He believed the state should provide tax incentives and grants.

Marcellino said he’s a strong proponent of environmental protection, citing his work requiring notification prior to pesticide application and a bill written to reform the state’s cleanup of brownfield and superfund sites in the early 2000s.

“Preserving of our open space and our clean air, preserving green fields is a key element here. It’s important we move forward with that and we do more of it,” he said. “Frankly, not enough is being done and we need to do more.”

The incumbent said the state needs to do more to partner with lower levels of government, help out financially where possible and supports offering state tax incentives.

LIPA’s lawsuit over Northport power plant

Town of Huntington and Northport-East Northport school district residents have been calling on elected officials for their help and assistance this year in mitigating any impact Long Island Power Authority’s tax certiorari case could have on local property owners as it moves toward a trial.

Gaughran said he was a member of Huntington Town Board when the original agreement was made for LIPA taking over the Northport Power Station and believed that the town should be protected in the tax certiorari case.

“The state needs to support the Town of Huntington and its residents,” the Democratic challenger said.

Marcellino cited his efforts to aid the town and school district by drafting and co-sponsoring a bill that would have spread out the difference in taxes over a 15-year period and allowed access to state funds to offset any tax revenue difference. He said he would support possible LIPA reform and changes that he felt would benefit his constituents, but any action would need to be carefully thought through and studied in advance for potential ramifications.

His challenger said he would look to reform LIPA in two ways: First would be to make appointment to its board a process of government approval and confirmation by the state Senate; and, second, he would look to force the utility company go before the state’s Public Service Commission for approval of its consumer fees and rates.

Ethics reform

If elected, Gaughran said he would like to push for real ethic laws in New York State politics. As former state Assembly Speaker Sheldon Silver (D) appeals a public corruption conviction, the Democratic challenger said he fears others may be using public office for private benefit. He proposes to force state elected officials to not have outside employment while serving in state Legislature and push for campaign financial reform to close existing loopholes.

“We are capable of policing ourselves,” Marcellino replied. “No one likes to see someone game the system.”

The incumbent said to force state elected officials to give up outside income would cause many talented individuals to leave office, and anticipates those remaining as full-time legislators to request an increase in pay. He said changes like those proposed by Gaughran would require a statewide public referendum.

“Their ability to make change happen is there, but it’s not that simple,” Marcellino said.

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From left, incumbent Assemblyman Steve Stern will run off against Republican Jeremy Williams Nov. 6. Photo by Kyle Barr, photo from Jeremy Williams

The New York State Assembly’s 10th District seat is up for grabs. Come Nov. 6, residents have the choice between age and experience, or a youth with enthusiasm.

TBR News Media was prepared  to host a debate with state Assemblyman Steve Stern (D-Dix Hills) and his Republican challenger Jeremy Williams, but the latter candidate did not show.

Stern, a prior Suffolk County legislator for 12 years, won a special election to the state Assembly after Huntington Supervisor Chad Lupinacci (R) vacated the seat in January. Now, the incumbent said he has a great track record in government, sponsoring and helping to pass six separate bills in six weeks on a number of state and local issues.

“I was dropped into session and not even told where the bathroom was,” Stern said. “I’m proud in being able to accomplish so much in such a short period of time.”

“I’m proud in being able to accomplish so much in such a short period of time.”

— Steve Stern

The 22-year-old Williams is a lifelong Huntington Station resident, and now lives in a house close to the one his great-great-grandparents built. The Republican challenger said previously that he decided to run for office after commuting to his job in Manhattan, working as a public relations representative for several technology companies, and seeing how expensive it was to live on Long Island.

Williams said he wants to focus on getting more funds to Suffolk and that he would work to end what he called an unfriendly business climate, especially in regard to high tax rates and fees.

“We have to fast track the application process for these businesses, maybe with a five-year property tax abatement,” Williams said in a phone interview after the debate.

Stern said he also believes that businesses need incentives to come to and grow on Long Island. Specifically, he would want to offer tax breaks for companies looking to set up shop on Long Island, and that he would use state funds to incentivize the county to reduce its business and development fees, specifically environmental fees. The incumbent  also said that he will focus on making sure Suffolk gets a higher percentage back from the $5 billion in taxes it pays out to the state annually.

“The $5 billion that we send up to Albany is enough to fund both Suffolk County and a good bit of Nassau county as well,” the Democratic candidate said. “If we receive some significant percentage of that back, our taxpayers would be able to have a better quality of life.”

In development, Stern, who was opposed to enterprises like Villadom that would have created a mall on vacant land in Elwood, said there should be more incentives from the state to build new projects on developed parcels rather than on open space. “Before anybody goes knocking down areas of pristine property there has to be an incentive for redevelopment,” he said.

Williams said he agreed with redevelopment over new developments, but he emphasized the problems with modern transit-oriented developments don’t aid in helping young people stay on Long Island.

“Transit-oriented developments are disingenuous — most of those affordable homes go to people 55 years or older,” he said.

Stern said if re-elected he would work with Republicans and Democrats to provide commuters or their employers access to funds for transportation purposes, and encourage programs for college students to work with local businesses or startups.

“Transit-oriented developments are disingenuous — most of those affordable homes go to people 55 years or older.” 

— Jeremy Williams

“There has to be a public-private partnership that has real meaning for the development of this company, but as local taxpayers, if we are to make investments into this company and provide the intellectual capital, that this is going to be a company that will commit to its future growth on Long Island,” the incumbent said.

Williams said he agrees with more public-private partnerships with businesses, especially if they are located in areas of Huntington,  like stretches of the Melville business corridor that have degraded in both looks and number of storefronts. The Republican challenger added if he is elected he would be both willing and able to work with the Democrats in the state legislature.

“Lupinacci and other people in the district seat were in the minority seat for years, and they still got a lot done,” Williams said. “The only people I am beholden to are the people in my community.”

Overall, Stern said he is more than willing to work across the aisle with Republican colleagues.

“I don’t care what letter you have after your name. The most important thing is putting points up on the board and delivering to my community,” he said. “If nobody has a sit down with each other or a working relationship with each other, then top priorities don’t get done.”

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Above left, Democratic challenger Avrum Rosen and on right, incumbent Andrew Raia

Both candidates seeking to represent New York State’s 12th Assembly District are aware of the challenges the area faces, but have key differences on the solutions they propose.

Incumbent Andrew Raia (R-East Northport) was elected to represent the 12th District in 2002 and seeks to return to Albany for his ninth term.

His Democrat challenger is Avrum Rosen, an attorney specializing in bankruptcy and tax law at his Huntington-based practice.

Rosen jumped into the race after New York State Supreme Court’s Appellate Division ruled Aug. 22 that Northport resident Michael Marcantonio, 31, Raia’s original challenger, did not meet the state’s minimum five-year residency requirements.

“When Michael Marcantonio got thrown out this race, I decided someone had to step up,” Rosen said. “While I like [Raia] very much, I don’t like his position on a lot of things. This is not a year when any Republican should go unchallenged in an election.”

LIPA/Northport power plant

Long Island Power Authority’s tax certiorari lawsuit against the Town of Huntington and Northport-East Northport school district over Northport Power Station is a top concern of district residents as mediation begins and possible court trial looms.

“There was never any pressure on [LIPA] to upgrade, do any of the things they needed to do to make it what it should have been,” Rosen said.

Rosen suggested the state should allow town officials to levy a carbon tax against the Northport power plant to encourage LIPA to upgrade it, ultimately raising the value of the plant.

Raia highlighted legislation he co-sponsored earlier this year that would allow the town to spread out any tax rate changes over a 15-year period and granted access to state funds to stabilize taxes. Raia said environmentalists rallied against it for proposing to take money from the greenhouse gas initiative funds.

“No matter who comes back, it’s something that should be reintroduced and maybe we get the money from another pot that the environmentalists are not so concerned about,” the incumbent said.

Taxes 

Raia said he believes the 2 percent state-mandated tax cap has been one the “best things” the state has done to control taxes and cost-of-living on Long Island. He wants to encourage consolidation of services among municipalities and school districts while supporting the lawsuit of Gov. Andrew Cuomo (D) against the federal government for placing a $10,000 cap on state and local tax deductions. Raia said he has researched shifting from a property-based to income-based tax model, creating a commercial tax fund and other ways to ease the burden on Long Island homeowners.

Rosen agreed with his opponent that the SALT tax deduction cap needs to be addressed by the state. If elected to office, he proposes the state Legislature considers offering straight tax credits to those with student loans, those entering STEM professions and for parents paying childcare costs. The Democratic challenger said commercial taxes need to be addressed and he believes it needs to be done through a tristate regional approach that brings both New Jersey and Connecticut on board. Rosen questions if the 2 percent state-mandated tax cap can be kept in place in the future if the rate of inflation increases.

Gun Control

Since the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, this February, gun control has become a larger national issue.

Rosen said he is in favor of microstamping guns, broader background checks and a red flag law that allows police or family to request firearms be removed from owners who might present a danger to themselves or others. He criticized Raia for voting down gun control measures in the past.

The incumbent said over time he has “evolved on the issue,” arguing against parts of various gun control bills for lacking due process. Raia cited that he voted in favor of taking firearms from those convicted of domestic violence once the language was tweaked to only include related crimes, and he wanted to enable investigators charged with researching the mental health backgrounds of those requesting gun permits to cross state lines.

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House candidates square off for discussion on health care, the economy, the environment and President Trump in TBR exclusive

U.S. Rep. Lee Zeldin and challenger Perry Gershon discuss topics during a debate at TBR News Media in Setauket. Photos by Kyle Barr

The result of the race to represent New York’s 1st Congressional District will be monitored by locals closely on election night, but the contest will have far wider implications.

The U.S. House of Representatives has been in Republican control since 2011, but polling suggests Democrats have an opportunity to retake the majority Nov. 6, with the seat of two-term incumbent Rep. Lee Zeldin (R-Shirley) appearing to be among those up for grabs if polls are to be believed. Zeldin faces challenger Perry Gershon, a Democrat who emerged from a field of five in a June primary, who said he has embarked on his first political run because he wants to put a check on President Donald Trump (R) and his congressional supporters.

The candidates sat down together for an exclusive interview with the TBR News Media in Setauket last month for a wide-ranging discussion on the race and their political ideologies.

“I think it’s really important after this election for our country to do a better job uniting, regardless of whether you come in first or second — whether or not your candidate comes in first or second that you voted or volunteered for.”

— Lee Zeldin

The president and the political divide

The current political climate and national discourse is a major motivator behind Gershon’s decision to run, he said. While the candidates agree a problem exists, they voiced competing theories regarding the source.

“I think it’s really important after this election for our country to do a better job uniting, regardless of whether you come in first or second — whether or not your candidate comes in first or second that you voted or volunteered for,” Zeldin said.

Gershon agreed with his opponent’s sentiment, but criticized Zeldin for suggesting it can wait until after Nov. 6.

The incumbent cited the demand for polarized news consumption from the electorate and an in-kind response from the news media as the genesis for the divisive environment at present. However, Zeldin laid blame on both Trump and his vanquished 2016 opponent Democrat Hillary Clinton for failing to voice a message of unity when the dust settled. He also said the Women’s March, which took place the day after Trump’s inauguration, is a contributing factor to the current tone of politics.

“We all have a responsibility, I have a responsibility too,” Zeldin said.

Gershon was less willing to place the blame on a confluence of factors, assigning most of it to the White House.

“In terms of presidential elections, there was never discussion about not accepting the result until Trump [came along],” he said. “That had never been on the table before and Trump put it up there. It’s part of the fear mongering and the xenophobia that’s besmirched this country. … The idea that it didn’t start and get escalated by Donald Trump is just wrong. He’s proud of it.”

When asked to offer criticisms of Trump’s job performance to date, Zeldin said he wished the president’s demeanor was more befitting of a role model for children.

“You should be able to say [to your kids] that you should be just like the president of the United States when you get older,” the congressman said.

When asked what he viewed as Trump’s successes, Gershon said he supported reducing the corporate tax rate as a means to stimulate the economy, though he said he felt the benefits of the bill tipped too far in favor of corporations and harmed individuals, especially in New York state.

The economy and taxes

“In terms of presidential elections, there was never discussion about not accepting the result until Trump [came along]. That had never been on the table before and Trump put it up there.”

— Perry Gershon

Both candidates acknowledged unemployment rates, gross domestic product, consumer confidence and, generally speaking, the stock market are all trending in positive directions currently. They differed on how much credit the president deserves for it.

Zeldin said unemployment rates, both for the general public and specific demographics, are reaching lows not seen in decades, and were signs of successful Republican control of the executive and legislative federal branches.

Gershon pointed out wage growth for workers is lagging behind. He criticized Trump and congressional Republicans for capping the SALT deduction at $10,000 in the federal tax bill, though he agreed reducing the corporate tax rate was a good idea for stimulating growth.

According to Zeldin, Amneal Pharmaceuticals, with locations in Hauppauge and Yaphank, announced plans to expand its facilities due to booming sales and new products in January. He said the company’s actions are a by-product of the positive economy, adding this is one of several companies making investments in the 1st Congressional District.

The congressman was one of few House Republicans to oppose the federal tax bill, and explained his opposition, which he and his challenger shared.

“I don’t believe that the best way to pay for a reduction on the corporate side is by making people pay more on the personal income side,” Zeldin said.

The legislation reduced tax rates for individuals and corporations, but at a far greater rate for corporations.

While Gershon acknowledged there are components of the bill he saw as positives, he levied substantial criticism on Republicans for penalizing New York with the bill, which he theorized was part of the goal — to punish blue states.

“Every Republican who votes for [House Speaker] Paul Ryan and Republican leadership has complicity in the tax plan passing,” he said, criticizing the majority for passing legislation without any Democratic support or compromise.

“Every Republican who votes for [House Speaker] Paul Ryan and Republican leadership has complicity in the tax plan passing.”

— Perry Gershon

Gershon said, if elected, he would introduce legislation to offset the cap of SALT deductions for New Yorkers. Zeldin said he fought for removal of the SALT deduction cap in the bill that ultimately passed.

Health care

The two candidates are ideologically closer together in their vision for a health care fix than their campaign ads would suggest.

Zeldin said he supported repealing the individual mandate component of the Affordable Care Act of 2010 — what’s commonly referred to as Obamacare — as the fine for not having health care insurance was eliminated under Trump’s tax bill. The congressman is in favor of expanding states’ ability to tailor the federal law to their citizens, and reducing the federal government’s burden in Medicaid costs.

Gershon has campaigned on a single-payer or “Medicare for All” system, which would require all individuals to contribute to a pool that would provide health care coverage for all Americans — a plan with zero Republican support. The challenger criticized Democrats’ passage of the ACA without any Republican support, and agreed compromise is the only path forward on health care.

Both Zeldin and Gershon stressed the importance of a bipartisan compromise to improve the status of the nation’s current health care system.

The environment

Long Island is one of the country’s most susceptible areas to rising sea levels and a warming climate. After Hurricane Sandy and recent storms, environmental protection is a top concern for many.

Zeldin touted his close relationship with the U.S. Army Corps of Engineers for his ability to obtain funding for projects meant to harden the shoreline. He cited legislation he’d helped advance for water quality protection and called future sea level rise a big concern. However, Zeldin also prioritized the federal government’s role in keeping taxes low and rolling back regulations to improve the business environment when asked what its role should be in stemming sea level rise. He stressed the importance of incentivizing flood mitigation opportunities for coastal residents.

“I don’t believe that the best way to pay for a reduction on the corporate side is by making people pay more on the personal income side.”

— Lee Zeldin

The incumbent added that updated power generation technology and investment in alternative energy sources would be a positive step forward for the district.

“It’s happening, it’s impacting our district,” he said of sea level rise. “What you need to do, for those who are staying here in the 1st Congressional District, is to the extent that you have a barrier beach, is to keep it strong.”

Gershon scolded Trump’s administration for rolling back regulations aimed at protecting the environment and for his decision to withdraw from the Paris agreement, an international climate accord within the United Nations designed to reduce global greenhouse gas emissions.

“Let’s go at the root of the problem instead of treating the symptoms,” the challenger said. “Let’s lower our use of fossil fuels. Let’s invest in clean, renewable energy.”

Gershon rejected the notion that economic growth and an improved business climate could only come at the expense of environmental protections. He called for more wind and solar energy investment, and a decreased reliance on fossil fuels. Zeldin said he would also be in favor of alternative energy investment.

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There are planning tools an individual can employ to potentially safeguard wishes after death. Stock photo

By Nancy Burner, Esq.

Nancy Burner, Esq.

Inheritance is the practice of passing on property upon someone’s death. The rules of inheritance differ from state to state.  

In New York, a decedent generally cannot disinherit his spouse. This principle is governed by Estates, Powers and Trusts Law Section 5-1.1-A (Right of Election by Surviving Spouse) and requires that the surviving spouse receive a portion, or share, of the decedent’s estate. The surviving spouse’s share will be equal to the greater of $50,000 or one-third of the decedent’s estate.

The right to elect to take your spousal right of election is governed by time frames. An election under this section must be made within six months from the date letters testamentary are issued but no later than two years after the date of the decedent`s death. A written notice of the election is required to be served upon the executor, or upon the person named as executor in the will if the will has not yet been admitted to probate. The written notice must then be filed and recorded with the Surrogate`s Court.  

Conversely, a decedent can disinherit a child. However, it is important to note that a child falls into a certain class of individuals who have the right to contest your will even if they are specifically disinherited, whether or not they are named as a beneficiary under your will or if they were left with a disproportionate share of your estate. A disinherited child has the right to challenge or contest your will because, had you died without a will, your child would receive a share of your estate through the laws of intestacy.  

However, there are planning tools an individual can employ to potentially safeguard wishes after death. An in terrorem provision in a decedent’s will “threatens” that if a beneficiary challenges the will then the challenging beneficiary will be disinherited instead of inheriting the full gift provided for in the will. An in terrorem clause is intended to discourage beneficiaries from contesting the will after the testator’s death. New York law recognizes in terrorem clauses, however, they are strictly construed.   

Keep in mind that simply having an in terrorem clause in your will may not be enough to dissuade beneficiaries from potentially challenging your will. Theoretically, however, for an in terrorem clause to have any weight at all, a beneficiary under a will must be left a substantial amount to incentivize their compliance with the will. 

An in terrorem clause may have no effect on a beneficiary who was not left anything under a will as they risk losing nothing by challenging the will. While in terrorem clauses may be effective in minimizing a will contest, for some it holds no power.  

As with many things in life, one size does not fit all. A successful estate plan takes all personal and unique factors to an individual into consideration. The documents are only part of the problem and solution. The fact is, there is no substitute for competent legal advice.   

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

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Stop & Shop is planning to paint the East Setauket store gray and change the bottle redemption center from the front to the back. Photo from Town of Brookhaven

A supermarket chain’s requests of the Town of Brookhaven Planning Board are creating concerns in East Setauket from a historical and environmental perspective.

“We’re really concerned that this kind of dark color is going to contrast with the historic district, and it won’t be in conformity with a lot of the architecture of the other buildings.”

— George Hoffman

Peggy Kelly, of Kelly’s Expediting Corp., representing Stop & Shop, attended the Oct. 15 planning board meeting asking for a facade color change to three Stop & Shop stores in Brookhaven — Medford, Farmingville and East Setauket — and switching the location of the East Setauket bottle redemption area from the front of the store to the back.

The color change would mean the facade of the Route 25A store in East Setauket would go from sandstone to gray. Kelly said the facade will change at eight Brookhaven stores, and it has already been altered in 21 locations in Suffolk County.

“Currently Stop & Shop is going through a refreshing,” Kelly said. “What they’re trying to do is develop an image which to the customer — the consumer — is going to [be] more fresh, green and a more healthy look.”

George Hoffman, first vice president of the Three Village Civic Association, was on hand for the planning board meeting and said the civic was opposed to the new color scheme that would be painted over the current beige sandstone for the majority of the building. He said the gray the representatives from the civic group were shown seemed to be a dark slate and not a light shade and would stand out. The applicant is also applying to paint the rest of the shopping center gray.

“We’re really concerned that this kind of dark color is going to contrast with the historic district, and it won’t be in conformity with a lot of the architecture of the other buildings,” Hoffman said.

State Assemblyman Steve Englebright (D-Setauket) submitted a letter to the planning board stating that the proposed color change would be contrary to the historic character of the community.

“A dark gray facade would stand out in our retail area and draw attention in a manner that would work against architectural cohesion and continuity,” Englebright wrote.

Hoffman said the civic also had an issue with the changing of the bottle redemption center location since it will be harder to get to.

“A dark gray facade would stand out in our retail area and draw attention in a manner that would work against architectural cohesion and continuity.”

— Steve Englebright

“There’s a small little alleyway — well driveway — that leads to the back,” Hoffman said. “You have to pass by the truck loading zone and the trash compactor and now they’re going to put it in the back parking lot. At a time when we should be encouraging recycling you don’t want to make it harder for people to bring back their bottles.”

Englebright in his letter said the current bottle return location in the front of the store is in an ideal spot as it’s convenient and accessible to customers walking from the parking lot. He wrote that he believes changing the location to the rear of the store would lead to a reduction in recycling since Stop & Shop is the only supermarket in the Setauket/East Setauket area.

Kelly said the bottle redemption center being moved to the back would give customers a larger space and prevent congestion in front of the store. She said if the board didn’t agree to the change, the location could remain in the front.

Kelly added East Setauket was the only location with a question about the color change. All other Brookhaven civic associations or council members who have reached out to their communities have approved the new color scheme.

The board tabled the decision until the next planning board meeting Nov. 5 and asked that Stop & Shop representatives meet with the Three Village Civic Association.

Both the chain and civic are open to the suggestion, and Hoffman said they will meet before the end of the month.

“We are aware of civic concerns regarding a possible color change and bottle deposit relocation at our Setauket store,” said Steve Kienzle, senior vice president of market operations and sales for Stop & Shop. “We are reviewing all options so that we can bring the situation to a resolution.”

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Line shows the route of new sidewalks in Stony Brook village, which will travel west off of Shore Road, north of the traffic circle and curl around to connect to the edge of Stony Brook Yacht Club’s pier. Image from The Ward Melville Heritage Organization

St. James and Stony Brook will be giving their downtowns a small face-lift thanks to a recent Suffolk County grant.

The two projects, one for the St. James business district along Lake Avenue and the other near the harbor front of Stony Brook village, were part of 11 recipients of a $500,000 county pool to partially fund downtown capital projects. Seven other municipalities who applied did not receive any grant funds.

“As we move full steam ahead with our economic development agenda, we will continue to make quality investments to create the robust, vibrant downtowns that make Suffolk County the ideal place to work, live and raise a family.”

— Steve Bellone

“Our downtowns are essential to keeping our region competitive and attracting the high skill, high knowledge workers we need to grow our local economy,” County Executive Steve Bellone (D) said. “As we move full steam ahead with our economic development agenda, we will continue to make quality investments to create the robust, vibrant downtowns that make Suffolk County the ideal place to work, live and raise a family.”

The Ward Melville Heritage Organization secured a $20,400 grant that should facilitate new sidewalks in Stony Brook village, which look to travel west off of Shore Road, north of the traffic circle and curl around to connect to the edge of the pier of the Stony Brook Yacht Club.

Gloria Rocchio, president of The Ward Melville Heritage Organization, said the funds will help complete the “harbor walk” project started several years ago. The original plans were to create sidewalks and streetlights with decorative plaques starting at The Long Island Museum continuing down to the harbor. She added that this new sidewalk, which travels down to the water’s edge, should go a long way toward making the area a more walkable destination.

“This is a highly used area for walkers and runners and people watching the sunsets,” Rocchio said. “Now the path is worn. This concrete sidewalk will make it a defined area for all to walk or run on by the harbor.”

The Community Association of Greater St. James received by far the largest amount of revitalization funds equaling more than $60,000. The funds will be used for the installation of crosswalks along Lake Avenue between Moriches Road and Woodlawn Avenue. This will also include 22 new pedestrian-activated LED crossing beacons at 10 separate crosswalks. Locals have long complained about speeding along oft-congested Lake Avenue and the safety of pedestrian trying to cross the road.

“As much as it will be pleasing to the eye, it will be safe for our kids and people to be using these crosswalks.”

— Kerry Maher-Weisse

“Even though this is going to be great for the look of the area, we still need everyone’s cooperation to take control and know what’s around them,” association president Kerry Maher-Weisse said. “As much as it will be pleasing to the eye, it will be safe for our kids and people to be using these crosswalks.”

The grant funds will also go toward new gateway signage at the entrance to Lake Avenue along Moriches Road along more discernable and stylized street signage, which Maher-Weisse said should have a homely, rustic “Nantucket” kind of feel.

The association president said she expects the funds to cover the construction, but if it doesn’t, she said her association could work with the town to help find additional funds. Both Maher-Weisse and Rocchio expect construction to begin shortly after they receive the grant funds.

Plans for the revitalization of Lake Avenue have continued for more than a year, which includes road reconstruction and new amenities like new sidewalks and $2.9 million in bond funds to replace water mains. The Town of Smithtown has recently had an appraisal done of the Irish Viking pub along Lake Avenue to hopefully turn it into more municipal parking. Also, in the pipeline are plans for dry sewer mains and pump station around the Lake Avenue business district, which could cost the town approximately $7 to $10 million. Revitalization plans were originally slated for May 2018 but were pushed back a year to coincide with these sewer projects.

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Brookhaven’s single-stream recycling facility in Yaphank. File photo by Clayton Collier

By Alex Petroski & Sara-Megan Walsh

Recyclable materials have been building up at the Brookhaven Town recycling plant in Yaphank ever since China stopped accepting imports from American facilities in January, but the future of the facility is even more up in the air now.

Brookhaven Town Supervisor Ed Romaine (R) said contractor Green Stream Recycling terminated its 25-year contract to operate the Yaphank facility effective Oct. 29 citing financial woes due to market changes. The company signed the agreement with the town in 2013.

“We’re a regional facility — for them to do that it certainly isn’t going to speak well of the future of their waste management business on Long Island,” Romaine said.

The town plans to pursue legal action against the contractor for breach of contract, according to the supervisor.

Green Stream Recycling, owned by principals Joe Winters and Anthony Core, also of Hudson Baylor Brookhaven LLC, did not return a phone call requesting comment.

An aerial view of Town of Brookhaven’s Green Stream Recycling plant in Yaphank is surrounded by recyclables in August. Photo from Town of Smithtown

Romaine said the town will be putting the contract out for an emergency bid Nov. 1 for a new facility operator, and the town board will select a replacement at a Nov. 2 special meeting.

“They had three years of very good profits, and then as you know more recently there have been changes obviously in the recycling market where most of our recycling goods went,” Romaine said. 

The terms of contract with Green Stream Recycling yielded $20 per ton of processed recyclables, a quarter of which went back to Brookhaven with the remaining 75 percent
redistributed to neighboring municipalities that had agreements with Brookhaven to send their recyclables to the Yaphank facility, Romaine said. The supervisor said the town hadn’t received any money from Green Stream since May, though Brookhaven has continued making payments to other municipalities.

“The Town of Brookhaven believes very strongly in the benefits that a municipal recycling program brings to our respective communities and hence the reason we continued acceptance and payment for the material received from the Town of Huntington,” Romaine wrote in an Oct. 23 letter to Huntington Supervisor Chad
Lupinacci (R).

Similar letters were also sent to Smithtown Supervisor Ed Wehrheim (R) and the other municipalities that have single-stream recycling agreements with Brookhaven.

John Clark, director of Environmental Waste Management for the Town of Huntington, said the town was previously informed Aug. 23 Brookhaven would not renew the intermunicipal agreement to accept Huntington’s collected recyclables set to expire at the end of this year. Under the terms of the agreement, Huntington received up to $15 per ton of recyclable material delivered to the Yaphank facility.

In 2017, Huntington collected and delivered more than 14,000 tons of material to the single-stream recycling plant that was processed through the intermunicipal agreement. This resulted in more than $152,000 in net revenue, according to town spokeswoman Lauren Lembo.

The town had already issued a request for proposals Oct. 18 in an attempt to find an alternative solution to start Jan. 1, 2019, which may include converting back to dual-stream recycling where residents may be held responsible for sorting their trash again.

The news of Green Stream Recycling ending its contract with Brookhaven will pose only a temporary issue for Huntington, Lembo noted.

“The Town of Brookhaven believes very strongly in the benefits that a municipal recycling program brings to our respective communities and hence the reason we continued acceptance and payment for the material received from the Town of Huntington.”

— Ed Romaine

“We are already in the process of reaching out to potential recycling vendors and other municipalities to execute a two-month agreement that would get us through the end of the year under our single-stream recycling mode,” Lembo said.

Russ Barnett, Smithtown’s environmental protection director, said the town had received a telephone call from Brookhaven Oct. 19 to immediately cease sending recyclables to Brookhaven’s Yaphank facility. Smithtown’s town board plans to issue an emergency request for proposals at its Oct. 25 meeting seeking a new contractor to cart and process its residents’ recyclables, according to spokeswoman Nicole Garguilo. It’s unclear what if any impact this may have on Smithtown’s tentative 2019 budget.

“Residents should continue doing what they are doing right now,” Barnett said. “We’re not asking residents to make any changes.”

Smithtown Town plans to temporarily store all collected materials at its Municipal Services Facility on Old Northport Road in Kings Park until a new carter is found. A new recyclable operator could mean a move back to dual-stream recycling.

“We’ve got a broad solicitation out there to identify what our options might be,” Barnett said. “Whether we will be offered services as an unsorted single-stream recyclables for sorting and purification elsewhere, or whether or not people might propose that prior sorting [by residents] needs to be done.”

A spokesperson for the New York State Department of Environmental Conservation said in a statement the agency is working with Brookhaven and the other towns impacted to develop solutions that will allow for processing of existing materials at the site and long-term solutions to continue recycling in the region, as well as working with industry stakeholders to solve the problem of drying up markets for the recycled material.

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Voting booths at Rocky Point High School. File photo by Kyle Barr

On Nov. 6, voters will be lining up across Suffolk County at polling places, though if some school officials in the county could have it their way, by Election Day 2019 votes will be cast elsewhere.

Despite the fact schools are used as polling places near-universally, recent pushes for additional school security from communities have made several North Shore superintendents question why they should be forced to allow strangers into their buildings.

“You have to admit anybody onto school campus who comes to vote, so those actions and best practices for security that we observe every day, we can’t observe on Election Day,” said Elwood school district Superintendent Kenneth Bossert. “Schools are allowed to make their own rules for every school day, but on Election Day we have to defer to the [Suffolk County] Board of Elections, and in effect our facilities become their facilities.”

“Schools are allowed to make their own rules for every school day, but on Election Day we have to defer to the [Suffolk County] Board of Elections, and in effect our facilities become their facilities.”

— Kenneth Bossert

The Suffolk County School Superintendents Association, of which Bossert is president, released a blueprint for action to enhance school safety in which it specifically requests legislation that might let schools appeal their designation as polling locations. New York State law says all public buildings are in line to be declared polling places, yet all municipalities except schools have the right to appeal that designation.

Board of Elections Commissioner Nick LaLota said approximately 30 percent of polling in the county was held at nonschool municipal buildings. He added if the Board of Elections tried to move its voting apparatus to other places like fire departments or town halls that parking would be inadequate and wait times would increase more than an hour because of space issues.

Many schools close their buildings on November polling days to allow the community into a school without the potential for any danger to students. However, during smaller elections like primaries and school budget votes in June, many schools remain open and wall off the students from the public. Huntington school district Superintendent Jim Polansky said while his district does not stay open during major elections, they do stay open for students during primaries.

“While I understand that it is a challenge to find alternative sites than can accommodate a vote, using schools as polling places when classes are in session [such as for primary elections] is a significant issue,” Polansky said.

Across the North Shore superintendents lamented the Suffolk Board of Elections requirements. Superintendent James Grossane of Smithtown school district agreed with SCSSA’s proposal, and Paul Casciano of the Port Jefferson School District said he agreed with it even though polling in Port Jeff is held at Village Hall.

“When our buildings are used for public polling sites, the Board of Elections has the authority to designate the final location in the building for polling to occur, which in most cases requires voters to travel through our schools, passing classrooms and common student areas along the way all while not having to go through our strict visitor approval process,” Cheryl Pedisich, superintendent of the Three Village Central School District said.

LaLota said some local districts were being dishonest in their push to take polling out of schools.

“The school officials who choose to keep their May budget and board elections in their schools but demand that the November elections be moved out of their schools have a sincerity problem and are using recent tragedies to satisfy their political agenda, which predates school shootings,” LaLota said.

“The school officials who choose to keep their May budget and board elections in their schools but demand that the November elections be moved out of their schools have a sincerity problem and are using recent tragedies to satisfy their political agenda, which predates school shootings.”

— Nick LaLota

Since the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, more and more schools have been drastically updating security measures. Schools from Northport to Shoreham-Wading River have been adding additional security cameras, installing security doors, building security vestibules and hiring additional security guards. Some schools, like Miller Place and Mount Sinai, have taken it one step further and added armed guards to their current suite of school protection earlier this year.

Mount Sinai School District superintendent Gordon Brosdal said he agreed with the SCSSA’s call for the ability to appeal. Currently the Mount Sinai campus contains four armed guards, with one manning a booth at the entrance to the grounds who asks for an ID from all who wish to drive in. He added that he was concerned that with those procedures, voters may take it as a sign of disenfranchisement to request identification. Current New York State election law says polling places cannot ask for voter ID, though LaLota said he was unaware of any statute which prevented districts from seeking identification from those who come onto their campuses.

Marianne Cartisano, the superintendent of the Miller Place school district, has been fighting the specifics for her district’s polling designation since 2013, she said. In years past, the district has had to separate students and the public with the use of cafeteria tables, for a lack of more appropriate space. Since then the district has decided to close all schools on every election day, even for primaries.

Currently Andrew Muller Primary School, North Country Road Middle School and Miller Place High School are all polling locations. Cartisano has long requested the Suffolk County Board of Elections move all polling operations to the high school.

“We requested that let’s just move everything to the high school, where we could accommodate anywhere between 1,000 to 1,500 at a time, we’ll give you the entire building,” Cartisano said. “I know that in other districts accommodations have been made. … I want to do the right thing for our residents, but our residents also include 4-year-olds.”

In April this year the William Floyd school district reported that all polling locations would be moved to the high school, away from the elementary school. LaLota said he would be willing to work with school districts toward that end.

“This is an example of a win-win and I have encouraged my staff to explore more opportunities that increase child safety without disenfranchising voters,” he said.

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