Brookhaven unveiled new electric vehicle charging stations at Heritage Park in Mount Sinai Aug. 21. Photo by Alex Petroski
Brookhaven Town is hoping to inspire residents to ditch the gas pump for a greener alternative.
The town unveiled two new electric vehicle charging stations at Heritage Park in Mount Sinai Aug. 21, paid for through a grant from the New York State Energy Research and Development Authority and rebates from Long Island Power Authority. The stations cost $22,000 each, and Supervisor Ed Romaine (R) pledged that the town will install additional charging stations at various, strategically located town facilities during the next year, either through grants or using town funds. Members of the public with electric or hybrid vehicles are permitted to utilize the stations for a minimal charge, according to Romaine, just to cover the cost of the electricity. The two stations can combine to give juice to four cars at a time.
“There’s a societal benefit in that these cars don’t produce smog, or pollution or hydrocarbons,” Romaine said. “The air quality on Long Island has consistently been rated as very poor. This is an opportunity for us to try to convince people who are thinking about electric to go electric.”
Brookhaven Councilwoman Jane Bonner, Supervisor Ed Romaine, and Councilwoman Valerie Cartright unveil new electric vehicle charging stations at Heritage Park in Mount Sinai Aug. 21. Photo by Alex Petroski
Romaine said the town currently owns one fully electric vehicle and about five hybrids in its fleet, and added the plan is to replace “aged out” high mileage cars with more hybrids and full electric vehicles during the coming year.
“I can’t tell you how excited and proud I am that these charging stations are in my council district in Mount Sinai at the Heritage Park,” Councilwoman Jane Bonner (C-Rocky Point) said. “Very often, in deciding to make that move in that direction you have to think in your mind, ‘Well where can I charge my car?’ If these are centrally located in convenient places, it’s a win for the consumer and it’s a win for the environment and the residents that live here.”
Councilwoman Valerie Cartright (D-Port Jefferson Station), who represents the neighboring 1st District, said she was proud to join her colleagues in the unveiling Tuesday.
“This is clearly a step in the right direction for the Town of Brookhaven as we move to reduce our emissions here in the town,” she said.
Similar stations to the ones placed at Heritage Park already exist at Moriches Bay Recreation Center and the town Parks Administration building in Centereach. The installs are part of a five-year capital plan spearheaded by Romaine called the Energy Efficiency and Sustainability Initiative, aimed to achieve a 50 percent reduction of greenhouse gas emissions in the town by 2020.
“We want to encourage the use of hybrids and electric vehicles,” the supervisor said.
The New York State Armory is slated to become the James D. Conte Community Center. File photo
Town of Huntington officials went back to the drawing board by hiring a new architect to take over designing what promises to be a future Huntington Station landmark.
Huntington town board unanimously approved a resolution to hire Patchogue-based BBS Architects, Landscape Architects and Engineers, P.C. to take over the engineering and design of the James D. Conte Community Center in attempts to keep the project’s budget under control.
In December 2016, the town selected DCAK-MSA Architectural and Engineering P.C. out of 14 proposed bids received to create plans to renovate the former New York State National Guard Armory on East 5th Avenue into a community center. The costs of the firm’s engineering services were not to exceed $603,000 over the length of the four-year contract.
On May 22, 2018, DCAK-MSA submitted a supplemental fee request asking for an additional $850,000 to raise their total design fee to $1.453 million, more than double the initial price agreed upon, according to the town.
“We do expect to receive a modified plan from BBS after contracts are signed, scaling construction costs back down within the $9 million range.”
— Chad Lupinacci
Supervisor Chad Lupinacci (R) also indicated there were issues with the conceptual plans that were unveiled in November 2017 as the renderings included features that brought the project’s total cost up to $14.2 million, far exceeding the anticipated budget of $10 million.
“We do expect to receive a modified plan from BBS after contracts are signed, scaling construction costs back down within the $9 million range,” Lupinacci said. “Their experience provides knowledge and skills necessary as we move into the important cost management and design phase.”
BBS has completed more than $3 billion of municipal and school construction projects, according to the town, and is familiar with municipal bidding costs and industry trends. Its contractual costs with the town are not to exceed $711,000 over a four-year span.
The town first acquired the former armory from New York State in 2013 in the hopes of creating a space that could be used for community-based public programs in education, fitness, health and wellness and veterans’ activities.
The center will be named after James Conte, a former state assemblyman who represented the 10th district including Huntington Station for 24 years and played an instrumental role in getting the state to transfer ownership of the decommissioned building over to the town. Conte died in October 2012 of T-cell lymphoma.
The initial conceptual plans for rehabilitating the 22,500-square-foot building unveiled in November 2017 suggest space could be repurposed for such uses as arts and crafts, a computer lab, a recording studio, an all-purpose gymnasium, a strength training facility, CrossFit center, rock climbing arena, a community meeting space, a multipurpose room, classrooms, office space and an elevated indoor running and walking track. The town has also promised the American Legion Greenlawn Post 1244 a designated area to run as a veterans canteen.
“A couple of months ago my mother and I went down to Town Hall to view the plans that are going to be on display today, and we were just blown away,” said Conte’s daughter Sarah at the time of the unveiling. “This is exaI amctly what my father would have wanted for this community. Myself and my family are so honored to be here and to have this named after him. We know he would be honored as well.”
The first set of architects had suggested possible outdoor uses for the 3.6-acre site could include an amphitheater, meditation gardens, a spiritual walkway and bench seating.
It’s unclear which of these features may be eliminated or reduced in an effort to keep the project costs within its remaining $9 million budget, but BBS is expected to present its revised plans to the town board in the future.
Town of Huntington will host a Organ Donor Enrollment Day Oct. 10. File photo by Rohma Abbas
The Town of Huntington’s new administration made a second wave of staffing changes at its Aug. 7 meeting, reinstating some positions, while abolishing others.
Huntington Supervisor Chad Lupinacci (R) sponsored a resolution last week that reinstated nine job titles with a total annual salary of $284,921 while also creating 14 new positions for a total of $272,413. The bill also cut nine staffing positions, which is estimated to save more than $268,000 annually.
“We look at the different departments, I’ve been in office seven months now to see what has been working and what isn’t working.”
– Chad Lupinacci
“We look at the different departments, I’ve been in office seven months now to see what has been working and what isn’t working,” Lupinacci said.
A second bill put forth by the supervisor appointed nine individuals to the newly created positions, many of which are exempt from taking civil service tests. Both pieces of legislation passed by a narrow 3-2 vote, split on party lines with Councilman Mark Cuthbertson (D) and Councilwoman Joan Cergol (D) voting against. They accused the board’s hiring process for these position of lacking in transparency and reeking of political nepotism.
“We are seeing chapter two of the Republican patronage playbook at work,” Cuthbertson said, denouncing the legislation. “A slew of positions are being created that require no civil service test. These are patronage jobs — plain and simple.”
The councilman reported he and Cergol weren’t included in the hiring process, stating he had seen only one candidate’s résumé prior to the town board meeting and questioned if those appointments had proper qualifications.
“We are seeing chapter two of the Republican patronage playbook at work.”
— Mark Cuthbertson
Councilman Gene Cook (R) voiced support for Lupinacci’s appointments, stating the changes were needed in order for town government to run efficiently.
“In the past month or two, I’ve had nothing but complaints against the people in the building department,” he said. “I’ve had the same thing with the planning department. There’s been a number of issues and people deserve better.”
As part of the staffing changes, Joseph Cline, who has served as Huntington’s director of engineering services, was demoted to deputy while maintaining his $138,375 salary. Cline will be replaced by Daniel Martin, who will make more than $146,500 a year. He was appointed to serve as a Suffolk County Supreme Court judge since 2010 before becoming a deputy town attorney.
Lupinacci said he stood by the newly hired and appointed employees based on their skills and merit. Of the nine appointments made Aug. 7, five are new hires and four individuals were already employed by the town but are taking on new roles for which they will receive an additional stipend.
“There’s been a number of issues and people deserve better.
— Gene Cook
Cuthbertson previously criticized Lupinacci’s February appointments for going to “11 white Republican males” many of whom had previously campaigned on the party line for various government positions. The councilman argued this second wave of appointments will also have a negative fiscal impact on the town.
“This is gravely wrong from a fiscal and budget standpoint,” Cuthbertson said.
He estimated many of the newly created positions would cost the town approximately $40,000 a year in benefits including health care insurance and retirement benefits.
The town will pull roughly $265,000 from its contingency funds in order to fill the new positions.
““Where is the transparency you promised?”
— Joan Cergol
Cergol voted against the move, calling it a “dizzying array of personnel maneuvers that mystify even those of us used to looking at these resolutions, let alone the public.” She also questioned the hiring process used.
“Where is the transparency you promised?” Cergol said.
She said the resolution Lupinacci presented to board members on the Friday before their meeting had dramatically changed by Tuesday afternoon without explanation.
Among those who will be leaving Town Hall include: John Coraor, director of cultural affairs; Rob Reichert, deputy director of planning; and Jake Turner, the deputy director of engineering services.
The town will be looking to fill three openings that have resulted due to these promotions or being newly created, according to town spokeswoman Lauren Lembo, including an entry-level auto mechanic, an audio-visual production specialist and a plumbing inspector position by civil service candidates.
Town of Huntington, Northport-East Northport and Port Jeff school districts lose third-party lawsuits
Port Jefferson Superintendent Paul Casciano and Northport-East Northport Superintendent Robert Banzer. The two districts had legal challenges shot down by a judge Aug. 16 pertaining to property tax assessment claims made by LIPA. File photos
By Sara-Megan Walsh & Alex Petroski
A New York State Supreme Court judge has ruled Long Island Power Authority “made no promises” to the Town of Huntington, Northport-East Northport school district and Port Jefferson School District not to challenge the taxes levied on its power stations.
Judge Elizabeth Emerson dismissed the lawsuits brought forth by the Town of Huntington and the two school districts Aug. 16 which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent.
“The court’s decision affirms our customers’ right to pay reasonable taxes on the power plants,” LIPA said in a statement from spokesman Sid Nathan. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable situation back on a sustainable path.”
Port Jefferson Power Station. File photo by Alex Petroski
The judge’s ruling is a big victory for LIPA as it allows tax certiorari cases to continue to trial, rather than being dismissed, and could have a widespread impact across Long Island for other municipalities with similar disputes against the utility.
“Obviously, we disagree with this decision and plan to appeal,” Northport Superintendent Robert Banzer wrote in a letter to district residents. “Please understand that Justice Emerson’s decision is not the end of our fight in this case.”
“While this decision is not the outcome the district was hoping for, we vow to continue to explore our options as we work to protect our school district’s financial future and the needs of our community,” the district said in part in a statement. “The district will work to keep the community apprised of any updates on the matter.”
In her 24-page decision, Emerson denied any notion that chapter 21, section 16 of the 1997 Power Supply Agreement signed by LIPA when it took over Long Island Lighting Company — which has been referred to as the 1997 Promise – was intended to benefit the school districts by preventing LIPA from challenging the tax-assessed value of its power plants.
Rather, she found it was to ensure other parties, including LILCO and GENCO, which owned the plants at the time, could not start initiating tax claims during the takeover process.
She also dismisses all claims that town governments or school districts were intended third-party beneficiaries of the contract.
“The Power Supply Agreement is clear and unambiguous and that it does not bestow any enforceable third-party-beneficiary rights on the plaintiff,” Emerson wrote.
The judge pointed to the PSA saying it “does not expressly name” either the town or school districts as a third-party beneficiaries.
“She applied contract law, not third-party beneficiary law,” said John Gross, the attorney representing Northport-East Northport school district. “That’s what we think she the mistake on.”
Gross said New York State law allows entities, like the school districts, to be recognized as third-party beneficiaries based on third-party conversations, letters, and promises. The school districts have filed thousands of pages of documents with the courts, according to Gross, that include official correspondence and records of conversations former LIPA chairman Richard Kessel had with school administrators and Huntington Town officials allegedly promising not to challenge the tax assessment of its power plants.
The judge ruled these “extra-contractual promises” made largely by Kessel “were gratuitious promises for which there was no consideration.” As such, the former chairman’s words “did not contractually bind LIPA.”
Gross said the school’s status as a third-party beneficiary “was wrongly decided.”
This recent decision could have large and profound impact not only on Huntington, Northport-East Northport and Port Jeff schools, but for all other municipal government and school districts that are LIPA’s power plants.
On Page 18 of her decision, Emerson wrote not only did the PSA contract not protect the Town of Huntington, Northport or Port Jeff school district taxpayers but “other similar situated school districts and municipalities.”
“This result was to a very large extent expected by the village, and that’s why the mayor and the board of trustees very early, initiated and drove settlement discussions with LIPA to resolve the issue,” Port Jefferson Village Attorney Brian Egan said.
“When we’re a taxing jurisdiction and we’re going to subject ourselves to the back taxes on a longshot, that is not what we do with taxpayer dollars,” Garant said. “We have an obligation to not gamble, so to speak.”
“Please understand that Justice Emerson’s decision is not the end of our fight in this case.”
— Robert Banzer
Huntington town attorney Nick Ciappetta said the town plans to file an appeal of the judge’s decision.
“We believe there’s only one logical and legal way to interpret that provision,” he said. “That provision was there for the benefit of the taxpayers of Huntington.”
The town, Northport and Port Jefferson school districts will have 30 days to file an appeal once the decision is officially entered into court records, according to Ciappetta. He estimated an appeal of the decision could take 18 to 24 months.
“The decision does not affect the pending tax certiorari case between the Town of Huntington and LIPA scheduled for trial in December, nor do we expect it will impact the parties’ willingness to proceed with mediation,” Banzer wrote to the community.
Gross confirmed that Northport school district is still looking forward to sitting down for the first mediation session with the Town of Huntington, LIPA, National Grid and third-party neutral attorney Marty Scheinman slated for Sept. 26.
Officials in Brookhaven’s Town Attorney’s office could not be immediately reached for comment, though the town has also said it is nearing a settlement in its case. Egan speculated settlements for municipalities attempting to resolve cases out of court might be held up by mediation in Northport and Huntington Town’s case.
This post was updated Aug. 17 to include a statement from Port Jefferson School District, and to attribute LIPA’s statement to Sid Nathan.
Long Island Power Authority has won the latest battle against the Town of Huntington in the lengthy legal war over Northport Power Station’s value.
New York State Supreme Court’s Appellate Division has reinstated LIPA’s right to pursue a lawsuit against the Town of Huntington regarding the amount of taxes levied against the Northport power plant, reversing a September 2015 decision made by a lower court. A panel of judges ruled Aug. 8 LIPA does have legal standing to be a plaintiff in the 2010 lawsuit it filed jointly with National Grid.
“We believe the appellate court’s decision is correct.”
— Sid Nathan
“We believe the appellate court’s decision is correct,” LIPA spokesman Sid Nathan said. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable tax situation back on a sustainable path.”
In September 2015, state Supreme Court Justice John Bivona issued a decision dismissing LIPA’s standing as an initiating plaintiff in the tax certiorari case, since National Grid — and not LIPA — is the owner of the plant. Bivona had written that while LIPA believed its financial interests are adversely impacted by a wrongly overstated assessment of the power plant, “the result is still remote and consequential and certainly does not constitute a direct loss because the property taxes levied upon the Northport Power Station are actually and directly paid by National Grid Generation LLC.”
LIPA filed an appeal of Bivona’s decision in 2015. The utility has asserted while National Grid does own the power plant, the station is under contract with LIPA. Under the contract, LIPA is required to pay all costs to run the power plant — including the $80 million in annual property taxes to the Town of Huntington — and provide necessary fuel, for which in return it receives all electricity generated for its customers.
The utility company claims that its costs to operate the Northport Power Station including the taxes on it exceed the total revenue, resulting in LIPA referring to it as a “significant burden to LIPA’s customers.”
“We’re reviewing the order from the appellate division and we’re considering an appeal.”
— Nicholas Ciappetta
With LIPA’s legal status reinstated as a party of interest on the tax certiorari case, the issue of the property tax-assessed value of the power plant could proceed to trial.
However, Huntington Town Attorney Nicholas Ciappetta has said he plans to carefully review the appellate court’s decision.
“We believe this has been wrongly decisioned,” Ciappetta said in a statement. “We’re reviewing the order from the appellate division and we’re considering an appeal.”
This latest legal decision comes less than a month after Huntington voted July 17 to hire a neutral third-party mediator, Marty Scheinman, in an attempt to reach a resolution with LIPA, National Grid and Northport-East Northport school district. The town agreed to pay Scheinman $1,150 an hour in addition to covering all out-of-pocket expenses, such as transportation and a one-time administrative fee, the total bill will be split among all parties in the mediation.
Mediation has not yet started, but the first session is slated for Sept. 26, according to Chiappetta.
Update: Additional information was added to further clarify that the town will be splitting the costs of the third-party mediator.
Brookhaven is looking to increase it's cyber security through a state grant, but the town is not saying how. Stock photo
The Town of Brookhaven is looking to beef up its cyber security.
At the Aug. 2 Brookhaven Town board meeting councilmembers voted unanimously to apply for a $50,000 grant under the New York State Division of Homeland Security and Emergency Services Cyber Security Grant Program. If the town attains the grant, Brookhaven will use town funds under specified cyber security initiatives and seek reimbursement through the grant.
The grant will make $500,000 available for any county, town or village in the state at a maximum of $50,000 per entity. Other municipalities in Suffolk County such as the Town of Smithtown are applying for the grant.
According to the state grant application, the money can be used for a number of items, including hiring a cyber security consultant, software packages for items such as firewalls and encryption, new equipment such as servers or hardware used against cyber threats, and for staff training involving cyber security awareness.
Jack Krieger, communications director for Brookhaven Town, said the town does not comment on current or future cyber security measures when asked what the money might be used for.
In June 2017, the Town of Brookhaven’s website, among 76 other municipalities, was successfully hacked by what was described as a “pro-ISIS group.” ISIS is referring to the Islamic State of Iraq and the Levant, the group that took over parts of Iraq and Syria in 2014 and is now being pushed back by U.S.-backed Iraqi forces and the Syrian army.
The group, Team System DZ, created a static webpage using the Town of Brookhaven servers, but it did not affect the official Brookhaven website. A link was set up through town servers to a static, look-alike webpage.
Deputy Town Supervisor Dan Panico (R-Manorville) said at the time they did not see any information extracted from the servers. The town’s website was taken down temporarily but was restored within a few days.
Much emphasis has been put on cyber security by government officials of late, as it was revealed that Russia had made efforts to hack into Democratic National Convention servers during the run-up to the 2016 presidential election, taking information which was later released via several outlets including WikiLeaks, an international whistleblower organization. U.S. intelligence officials have warned that Russia is already attempting to influence the 2018 midterm elections through multiple electronic means including phishing scams that target people’s passwords and by setting up fake accounts on social media, according to Bloomberg News recently.
Meanwhile, the Suffolk County Board of Elections is also keeping tight-lipped about cyber security measures as Long Island and the rest of the country heads toward a heated midterm election taking place Nov. 6.
“The board generally doesn’t comment on its security measures because we understand that doing so could aid nefarious individuals in their attempts to exploit our voting processes,” said Republican board of elections commissioner, Nick LaLota, when asked about the board’s preparedness to ward off security threats.
Port Jeff and Belle Terre would like to be absorbed by the Mount Sinai Ambulance District, which is overseen by Brookhaven.
The villages of Port Jefferson and Belle Terre are proposing a change to its ambulance service contracts with the goal of increased efficiency on the mind.
Currently emergency ambulance services are provided to homes in Mount Sinai Ambulance District, and the two incorporated villages by the Port Jefferson Ambulance Company, a not-for-profit corporation located on Crystal Brook Hollow Road in Mount Sinai.
The ambulance company provides services to the three entities through individual contracts, with a projected 2018 total budget of $1.4 million. Port Jeff and Belle Terre villages contracted KPC Planning Services Inc. to examine the possibility of proposing to expand the Mount Sinai Ambulance District to encompass the two villages, thus simplifying the process and requiring a single contract with the company for its existing coverage area.
Port Jeff Village Attorney Brian Egan called the current set up, “not even close to efficient,” noting the three entities do not even operate on the same fiscal year, making budgeting for ambulance services more complicated than village officials say it needs to be.
“It creates a problem for us because the 51 percent majority can pass a budget without our say,” Port Jeff Mayor Margot Garant said during a May board meeting. The Mount Sinai Ambulance District makes up more than 50 percent of the ambulance company’s territory and is overseen by the Town of Brookhaven.
KPC Planning Services’ report summed up the goal behind the proposed change: “Operationally, the district managers must answer to three municipalities to make a capital, equipment or operational decision. The goal of the expanded district is to remove the village[s] from operational responsibility and vest the power exclusively in the Town [of Brookhaven].”
In actuality, Port Jefferson Village’s contract with the ambulance company expired in 2011, meaning the entities have continued a relationship without an official contract for seven years.
“It means no change in area, no change in service, no change in population — everything remains exactly the same,” Egan said in an interview. “The only structure that we’re changing is that we would no longer be a contracting party. It would be 100 percent exclusively in control of the Town of Brookhaven.”
Egan said residents should not expect to see any changes in their taxes, services or even the name on the side of an ambulance in the case of an emergency. Both villages have passed resolutions proposing the change, which will need to be acted on by Brookhaven before it can go into effect. Egan said he’s not sure of the timeline from the town’s perspective but hopes it is soon.
Consolidating services has been on the mind of Brookhaven Supervisor Ed Romaine (R), as the town was named the winner of a $20 million grant for its proposals as part of a New York State competition earlier this year.
“Elimination of this three-ring tangle is consistent with Brookhaven Town Supervisor Edward Romaine’s goal to eliminate duplication in districts, streamline decision making and consolidate services,” the KPC report said.
Andrea Lambe, right, of Port Jeff, poses with Sen. Tim Scott and fellow parent with an autistic child, Karla Peterson, in Washington. Photo from Andrea Lambe
By Amanda Perelli
A Port Jefferson resident joined a contingent that trekked to Washington, D.C., to advocate for facilities that offer therapeutic treatments for mental health disorders like autism.
Andrea Lambe headed to Capitol Hill in May and spoke with lawmakers on the role of therapeutic treatment programs and to call for improvements to the credentialing process for therapeutic schools and programs.
Her son, Joseph, has severe autism and lives at the Anderson Center for Autism, located in Staatsburg. Lambe drives about three hours every weekend to see him, because places like these are rare around the country.
“He’s in a good place that allows all kinds of involvement,” Lambe said. She has gotten involved beyond caring for the needs of her son, joining an advocacy group that the Anderson Center formed for parents.
The center is a member of the National Association of Therapeutic Schools and Programs, an organization whose mission is to serve “as an advocate and resource for innovative organizations which devote themselves to society’s need for the effective care and education of struggling young people and their families,” according to its website.
“NATSAP members join together to have a voice in Washington, D.C., because we believe it’s imperative to educate legislators on the importance of tackling mental health issues including autism,” said Megan Stokes, executive director of NATSAP, in a statement. “We explained to those on the Hill how NATSAP programs help fill the gap of mental health programs for adolescents and young adults that are not being met by publically funded programs.”
Lambe met up with some two dozen other people from different therapeutic schools around the country.
“We discussed the role of therapeutic treatment programs in today’s society and how these programs benefit at-risk adolescents and young adults confronting serious and life-threatening mental health issues including autism,” Lambe said. “We emphasized the stringent credentials required of those facilities that are NATSAP member programs.”
She met with U.S. Sen. Kirsten Gillibrand (D-New York) and Rep. Lee Zeldin (R-Shirley) as part of a 15-member delegation from NATSAP as well as Rep. John Faso (R-New York), Rep. Mark Sanford (R-South Carolina) and members from the offices of Sen. Lindsey Graham (R-South Carolina), Sen. Tim Scott (R-South Carolina) and Rep. Mark Walker (R-North Carolina).
“I loved it because I feel like we are so welcome because it’s such a bipartisan issue,” Lambe said. “Everyone can relate to it. I almost feel like they are welcoming us in to tell our stories. I was shocked and really amazed with how much time they spent with us and how, Democrat or Republican, they all seemed to be genuinely concerned and gave us a lot of time to tell our stories.”
Lambe said Faso agreed to tour the Anderson school and see the environment.
“No one really knows how to deal with this population and it just kind of gets scrambled and tossed aside sometimes,” Lambe said. “The big problem is when he turns 21 and the school district says goodbye. There is very limited housing — another huge issue for the aging autism population.”
The NATSAP delegation discussed its desire to promote legislation that improves the credentialing process for all therapeutic schools and programs in North America, according to a press release.
Brookhaven Town Supervisor Ed Romaine. File photo by Erika Karp
Although politicians in Brookhaven Town are not up for election this cycle, voters will be asked a question with long-term implications for town government in November.
Brookhaven Town board voted unanimously to establish a referendum on the ballot Nov. 6 asking town residents to weigh in on changes to terms in office for elected officials, specifically increasing terms from two years, as is currently the law, to four years for councilmembers, the supervisor and highway superintendent. The referendum will have a second component as part of the same yea or nay question: limiting officials to three terms in office. That component would impact the above positions, as well as town clerk and receiver of taxes. Both components will appear as part of a single proposition, according to Town Attorney Annette Eaderesto. Putting the issue up to a vote was established as a result of an Aug. 2 public hearing. If passed the law would go into effect for terms beginning Jan. 1, 2020.
“[The voters] have, in the past weighed in, and whatever they weighed in to is not being listened to now,” Supervisor Ed Romaine (R) said during the hearing. “Maybe that’s fine with them, maybe it’s not, but I would like to go back and ask them, ‘what do you think?’”
In 1993, residents voted to implement a limit of three, four-year terms on elected officials, 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 hearing.
Several members of the public commented in opposition of various aspects of the referendum, saying the two components should be separated to be voted on individually; there’s not enough time to untangle issues with the language of the law, like what to do with an individual who served as a councilperson for 12 years and then is elected to another position such as supervisor; and how to handle time already served by current members. Others cited shorter terms as fostering more accountability for elected representatives.
“I think it’s too complex to be one resolution,” said Jeff Kagan, a resident and representative from Affiliated Brookhaven Civic Organization. “I think you’re asking the voters to vote on somethings they like and somethings they may not like.”
Anthony Portesy, the Democrat candidate for town highway superintendent in 2017 and a private attorney, spoke against extending terms to four years, but said he would be in favor of three years because having to campaign every two years can be “arduous.”
“While I’m not opposed to the extension of terms per se, four-year terms is an eternity in politics, too long for hyperlocal town races,” he said. “We don’t want to create electoral feudalism in Brookhaven through the coercive powers of incumbency.”
Patchogue Village Mayor Paul Pontieri spoke in favor of going to four-year terms during the hearing about having to run for office every two years, saying it can get in the way of accomplishing goals set forth at the beginning of a term. Romaine and councilmembers Valerie Cartright (D-Port Jefferson Station), Jane Bonner (C-Rocky Point) and Kevin LaValle (R-Selden) each expressed similar sentiments when asked if they intend to support the idea in early July when the public hearing was set.
“You don’t have the constant churning in politics that can sometimes undermine the system,” Romaine said. “It allows for long-range planning and programs. It takes the politics out of local government.”
Eaderesto said the town’s law department will draft the wording as it will appear on the ballot in November and share it with the town board prior to submitting it to the Suffolk County Board of Elections by Oct. 1.
Gifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.
The IRS allows a person to give up to $15,000 per person annually without penalty. Under the code, all gifts made in any given year are subject to a gift tax. However, the first $15,000 gifted to each individual in any given year is exempted from the gift tax, and for that reason, for many individuals, gifting during their lifetime is a way to distribute wealth and reduce their taxable estate at death. Medicaid is not the same.
Oftentimes, seniors and their children believe that this same exemption holds true for Medicaid eligibility, and that gifting this amount of money away annually will not affect them should they need to apply for Medicaid benefits in the future.
Medicaid requires that all Medicaid applicants account for all gifts and transfers made in the five years prior to applying for Institutional Medicaid. These gifts are totaled, and for each approximately $13,053 that was gifted, one month of Medicaid ineligibility is imposed. It is also important to note that the ineligibility begins to run on the day that the applicant enters the nursing home rather than on the day that the gift was made.
For example, if someone has approximately $180,000 in his or her name and gift annually $15,000 to each of four children, the $180,000 would be gone in approximately three years. Under the IRS code, no gift tax return would need to be filed and no tax would be owed. If at the end of those three years the individual then needed Medicaid, those gifts would be considered transfers “not for value” and would have made him or her ineligible for Medicaid benefits for approximately 13 months.
In other words, the individual would need to privately pay for the nursing home care for the first 13 months before Medicaid would kick in and contribute to the cost of care.
The amount the individual would pay on a monthly basis would depend on the private monthly cost of care at the nursing facility. If the nursing facility costs $17,000 per month, the individual would need to pay that amount for 13 months totaling approximately $221,000.
What makes this even more difficult for some families is that an inability to give the money back or help mom or dad pay for her or his care is not taken into consideration, causing many families great hardship. It is important for families who have done this sort of gifting to know that there are still options available to them.
An elder law attorney who concentrates his or her practice on Medicaid and estate planning can help you to optimize your chances of qualifying for Medicaid while still preserving the greatest amount of assets.
Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office.
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