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Construction can resume on the site of the future Stony Brook Square shopping center. Photo by Rita J. Egan

The future of a Stony Brook shopping center has been put on hold until the Town of Brookhaven’s Planning Board members get some answers.

At the town’s Sept. 17 planning meeting, representatives for Little Rock Construction and its president Parviz Farahzad were seeking approval for modifications that were made to site plans to Stony Brook Square, a shopping center under construction across from the Stony Brook train station on Route 25A. A stop work order was issued after town inspectors discovered discrepancies between the site plans and what has already been completed on the construction site.

“It’s so hard to believe that these kinds of major changes would be made to the site plan without any type of authorization or approval.”

— Herb Mones

Among the modifications were the changing of two building locations, handicap accessible parking, cross access and grading.

Farahzad’s attorney, Hauppauge-based Tim Shea, contacted Three Village Civic Association representatives Herb Mones, chair of the association’s land use committee, and George Hoffman, 1st vice president of the association, Sept. 24 to go over the modifications, according to Mones.

“It’s so hard to believe that these kinds of major changes would be made to the site plan without any type of authorization or approval,” Mones said in a phone interview, adding in the past the town, civic association and community members provided input for the location’s plans.

Mones said a major objection from members of the civic association is the entryway changing from the initially approved 24 feet to 30. This adjustment means the largest building on the property is shifted 5 feet to the west from the original plans and closer to the historic home on the 3-acre site that Mones said during 25A visioning community meetings residents felt was essential to preserve and feature in the project.

At the Sept. 17 meeting, Farahzad’s engineer Michael Williams said his office was contacted earlier this year by the applicant to review claims by the site contractor that there were issues with Americans with Disabilities Act compliance in front of the building. He said the cross slope through the handicap accessible parking and access aisle was too steep pursuant to federal regulations. To alleviate the issue of the ADA ramp’s cross slope, the elevation of the site closest to the driveway entrance was changed, and the site was flattened, which increased the size of the entranceway.

Mones said the civic association also has issues with an area that was designated for land banking now being used for 19 parking spots. He explained that land banking allows for an area to be landscaped until it is proven a business owner needs it for parking.

He said while he appreciates the town was alerted to the changes and put a stop work order on the construction, he believes it still poses problems.

“Is it going to send a message out to developers that you can willy-nilly make changes in the approved site plan and then ask for forgiveness?”

— Herb Mones

“I think the town has a challenge before them,” Mones said. “Is it going to send a message out to developers that you can willy-nilly make changes in the approved site plan and then ask for forgiveness?”

Mones said representatives from the civic association would be attending the Oct. 1 Planning Board meeting.

“We think that the town should adhere to the site plan that was developed, and since the project is far from being completed, it shouldn’t be difficult for [the developer] to adhere to the site plan that they originally planned on with the town, with the town planners and with the community,” Mones said.

The Planning Board members put their decision on hold until the Oct. 1 meeting, and Farahzad was advised to bring updated site plans Oct. 1 and to consult with the Three Village Civic Association about the modifications.

“I would like to see a plan that shows what’s existing — not proposed — and what we had previously approved and what has changed,” said assistant town attorney Beth Reilly at the Sept. 17 meeting. “Because when you look at this it looks like nothing is out there, but that’s not what our inspectors found when they did a stop work order on this job. I feel like the plans still don’t match what we’re being told.”

Farahzad did not respond to requests for comment.

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Port Jeff Superintendent Paul Casciano and board President Kathleen Brennan. File photos by Alex Petroski

By Alex Petroski & Sara-Megan Walsh

Port Jefferson and Northport-East Northport school districts, as well as the Town of Huntington, were dealt a blow in the legal battle against Long Island Power Authority in August. But, it doesn’t mean they are going down without a fight.

Port Jeff board of education voted unanimously — 6-0 with board President Kathleen Brennan absent — during a Sept. 24 special meeting to file an appeal of New York State Supreme Court Justice Elizabeth Emerson’s Aug. 16 ruling that LIPA “made no promises” to the Town of Huntington, Northport-East Northport and Port Jefferson school districts not to challenge the taxes levied on its power stations.

Huntington Town Attorney Nick Ciapetta said the municipality formally filed its appeal of Emerson’s decision the following day, Sept. 25.

The judge’s ruling dismissed the third-party lawsuits brought forth by Huntington and the two school districts which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent. The resolution passed by Port Jeff school board authorized its legal counsel, Ingerman Smith, LLP, to file the appeal.

“We do think her decision was incorrect, and clearly we do recommend that the board consider filing a notice of appeal in this proceeding,” said attorney John Gross of Ingerman Smith, LLP, prior to Port Jeff’s Sept. 24 vote.
Northport-East Northport’s board trustees had previously voted to pursue an appeal at their Sept. 6 meeting.

Gross, who has been hired to represent both Northport and Port Jeff schools, said the districts

will have six months to perfect appeals. During this time, the districts’ legal team will prepare a record including all exhibits, witness depositions, and information gathered from the examination of about 60,000 pages of documents. He said a brief outlining the  legal arguments against Emerson’s decision will be crafted prior to submitting the appeal.
LIPA will be given several months to prepare a reply, according to Gross, prior to oral arguments before a four-judge panel in New York State Appellate Division of the Supreme Court. Further appeals are possible following that decision. Gross said the process could take more than a year.

Meanwhile, Huntington Town, Northport-East Northport school district, LIPA and National Grid have agreed to pursue non-binding mediation relating to the case, which begins Sept. 26. Gross said while Port Jeff is not a party to the mediation, it will be monitoring the outcome because the process could establish a pattern of resolution for its case. He also said the district can withdraw its appeal at any time, but once that occurs it cannot rejoin the process.

“Legal actions taken by the Town [of Brookhaven], [Port Jefferson] Village and school district to generate an equitable solution to the LIPA tax assessment challenges are intended to protect its residents and children against exorbitant property tax increases; especially in a very short interval of time,” Port Jeff school district said in a publicly released letter Sept. 12 prior to passing a resolution authorizing the appeal. “Please know, that the district fully understands that the decision about engaging legal counsel is one to be made with great care, as it always carries a financial implication while never guaranteeing a verdict in one’s favor.”

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Port Jefferson's stop on the Long Island Rail Road. File photo by Erika Karp

An idea decades in the making could take a major step forward by the end of 2018.

It still may be years before electrification happens, if it ever happens at all, but momentum is building toward funding being secured for a study determining the feasibility of electrifying the Long Island Rail Road on the Port Jefferson line from Huntington to the stations east by the end of this year.

Mitchell Pally, the Suffolk County representative on the Metropolitan Transit Authority’s board of trustees, said the LIRR has already appropriated funds to support the study, adding state Sen. Ken LaValle (R-Port Jefferson) has also succeeded in appropriating state funds toward the plan.

“The support of the communities involved is essential to making this work,” Pally said in an interview. “The railroad is very supportive.”

Community support for exploring the possibility of electrifying the line, which currently allows trains to run on diesel fuel east of Huntington, has been building in recent years, although the idea has been on the radar for North Shore residents at least as far back as the 1980s.

Anthony Figliola, an East Setauket resident, former Brookhaven Town deputy supervisor and vice president of Empire Government Strategies, a company that provides strategic counsel on governmental relations and practices to municipalities, has been leading a community coalition advocating for a feasibility study for about the last year, he said. The group, which Figliola said has been informally calling itself the North Shore Business Alliance, has been lobbying elected officials and community organizations like civic associations and chambers of commerce throughout the relevant territories in an effort to build public support for and attention on the idea. Figliola said he hopes the funding for a study will be in place by the end of the year. The study is expected to cost approximately $12 million, he said.

“It’s ripe, the community wants it,” Figliola said. “We’re very grateful for all that Mitch is doing to advocate on behalf of this.”

Figliola identified Charlie Lefkowitz, vice president of the Three Village Chamber of Commerce and real estate developer, as one of the other community members leading the charge for electrification.

“It’s a long time coming,” Lefkowitz said of progress on the feasibility study. “It was a collaborative effort on many fronts. The direct beneficiaries of it will be the communities.”

The study would examine how much faster trains on the North Shore line would reach Penn Station in Manhattan with electrification from Port Jeff, select a new rail yard to house the electric trains among other logistical particulars. Currently, the LIRR rail yard is off Hallock Avenue in Port Jefferson, though several officials have indicated electrification would require the relocation of that yard and the Port Jeff train station. The former site of Lawrence Aviation Industries has been suggested as a possible new rail yard and train station.

On April 4 Huntington Town Supervisor Chad Lupinacci (R), Brookhaven Town Supervisor Ed Romaine (R) and Smithtown Town Supervisor Ed Wehrheim (R) sent a joint letter to the New York State Legislature’s Long Island delegation to express their support for the feasibility study due to potential economic and environmental benefits. They cited that the Port Jefferson and Huntington branch lines have the highest ridership, about 18.7 million annually, of any line in the LIRR service territory, according to the most recent LIRR Annual Ridership Report released in 2015. Figliola said his coalition had lobbied for the support of the three supervisors.

“I think it has legs,” state Assemblyman Steve Englebright (D-Setauket) said of electrification. “It’s such a good idea that I think it should happen.”

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An aerial view of Town of Brookhaven’s Green Stream Recycling plant in Yaphank is surrounded by recyclables in August 2018. Brookhaven has since returned to dual stream recycling. Photo from Town of Smithtown

It’s a rubbish time to be involved in the recycling industry.

The Town of Brookhaven’s recycling plant is grappling with unprecedented mounds of bottles, used paper goods and trash. Ever since China implemented its “National Sword” policy in January banning the import of various nonindustrial plastics, paper and other solid wastes, Brookhaven’s had a hard time selling off collected recyclable materials. As China was one of the top buyers of U.S. recyclables according to NPR, this move has left many Suffolk townships unsure what to do with their residents’ recycled garbage.

To recycle or not: Tips  on handling your trash

By Kyle Barr

Operators of the Brookhaven recycling plant deal with a lot of junk. Not the good kind of junk, however, as many household items that residents assume can be recycled can cause havoc in the machinery.

In the four years since the town invested in single-stream recycling,  Erich Weltsek, a recycling coordination aid for Brookhaven, said there has been increased resident participation in the recycling program. But it has also led to some residents chucking in items that have no business being recycled.

“We’ve gotten chunks of concrete, and you even get sports balls — like soccer balls, footballs — constantly,” he said. “A lot of what we call ‘wish cycling,’ where people think they’re doing the right thing and when in doubt they throw it in a recycle bin instead of the right receptacle.”

Weltsek said people have tried to recycle Coleman outdoor stoves and propane tanks, which is extremely dangerous and could result in an explosion at the facility.

The most pervasively disruptive items are plastic bags and other items that Weltsek called “tanglers,” such as Christmas tree lights, pool liners and garden hoses. The recycling facility operates on a number of conveyor belts that first feed into a device called a star screen, a number of rotating cylinders with feet that separate recyclable fibers from other items. These items either wrap around the wheels on the conveyor belt or star screen, either letting fibers through the wrong end or stopping the machine entirely.

Suffolk residents should clean out any plastic bottles or cans before putting them in the recycling. Any low-quality paper products or grease-stained cardboard such as used pizza boxes, should not be recycled because they affect the sellable quality of the entire recycling bundle.

Andrade said all plastic bags should be recycled at a local supermarket, which are mandated by New York State law to have a receptacle for all shopping bags.

The plant often has to turn away other nonrecyclable material, such as plastic utensils, bottle caps and Styrofoam. All of these are considered contaminants, either because they cannot be recycled properly, or they
dilute the quality of the material.

“While it hasn’t stopped it, China’s new policies have significantly slowed down the ability of recyclers to move material to market,” said  Christopher Andrade, commissioner of Brookhaven Town’s waste management department. “There are domestic mills and domestic markets [but] the thing is just finding them, negotiating them and moving the material.”

That is easier said than done, according to Andrade, as many recycling plants across the nation now have fewer options of where to sell their collected goods. China has publicly claimed the decision has to do with the quality of the materials, as low-quality newspaper print or thin PVC plastics are not considered valuable enough for reuse. There’s also the problem of recyclables being mixed with other, nonreusable garbage.

In 2014, Brookhaven moved from dual-stream to single-stream recycling, a system that allows residents to put out all their recyclables in a single can to be sorted out at the town’s facilities instead of bringing out a different material — plastic, papers or metal — every other week. This increased overall participation in the recycling program, Andrade said, but has led to some confusion.

The loss of the Chinese market has severely interrupted the Brookhaven-owned Green Stream Recycling facility’s outflow. Green Stream Recycling LLC, a company that contracts with the town and operates the town’s facility in Yaphank, made good use of China’s market. While the facility continues to operate without a definitive answer to where else the company can move its materials, some of it is now going back into the landfill, according to Andrade.

This crisis is not only affecting the Town of Brookhaven, but other municipalities on Long Island which sell their collected recyclables to Suffolk County’s largest township. In 2014, the Town of Smithtown formed a five-year contract with Brookhaven to send 12,000 tons of garbage to the Green Stream facility,  in return for $180,000 per year. While Brookhaven continues to honor the agreements with its partnered municipalities, the lack of market availability for recyclables has some members of Smithtown Town Board concerned.

At a Sept. 4 work session, Smithtown Supervisor Ed Wehrheim (R) showed board members a photo taken by a drone in May showing recyclables piled in heaps just outside Brookhaven’s facility. The picture made Wehrheim and other board members question what might become of the town’s current recycling agreement.

“At one point, we’re going to come to some decision what to do with [Brookhaven Town,] Wehrheim said. “It could be a potential problem … in the short term.”

Andrade said that excess dumping on the facility’s land came from the “shock” of China’s National Sword policy being implemented earlier this year, though he said the situation has since been brought under control. Despite these international issues, Andrade said Brookhaven remains committed to recycling.

Brookhaven Town Supervisor Ed Romaine (R) “and the board believe very strongly in recycling, and we’ll bounce back from this,” he said.

“The markets are being overwhelmed; the people taking the material can be picky on what they accept. We’re going to have to respond by being better at only putting out the things that people can actually reuse.”

— Russell Barnett

Russell Barnett, Smithtown’s environmental protection director in the Department of Environment and Waterways, said he is working on a solution with Brookhaven, including a regional approach comprising Smithtown, Huntington, Southold and several other communities that are partnered with Brookhaven.

Smithtown had its own dual-stream facility that was closed before it started sending its materials to Brookhaven in 2014, though reopening it could be costly.

“We’re assessing our equipment — seeing what’s operational, what’s not, what repairs need to be made and what upgrades need to be made if the occasion comes up that we want to go that route,” Barnett said.

In the meantime, he said residents need to be more discriminating when it comes to deciding what items to recycle. Otherwise, it will be much harder in the future to find a buyer for the world’s recyclable garbage.

“When they talk about the standard, they’re not just talking about nonrecyclable material
but the right kind of recyclable material.” Barnett said. “The markets are being overwhelmed; the people taking the material can be picky on what they accept. We’re going to have to respond by being better at only putting out the things that people can actually reuse.”

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The Port Jefferson Power Station may soon be repurposed. Photo by Alex Petroski

The Village of Port Jefferson is soon putting a lengthy legal battle with Long Island Power Authority in its rearview mirror, though the future of the property that houses Port Jefferson Power Station is still on the road ahead.

Bob Foxen, chief executive officer of Global Common LLC, a company dedicated to establishing energy partnerships and projects beneficial to its clients, was contracted by the village to study alternative future uses for the site. He presented options to the village board of trustees during a brainstorming session at a public meeting Sept. 17.

“I guess the goal is to try, to the degree possible, to make the people of Port Jefferson whole, or close to whole, assuming they lose some tax revenue,” Foxen said during his presentation.

Village Mayor Margot Garant expressed an interest for the village to formulate a plan of action for the site.

“Once we have our tax grievance settlement behind us, or we know that we’re at kind of a pause, the next question is ‘Now what?’” she said. “We want to advocate for a repurposing of the site to keep us viable on the grid.”

The village is among the municipalities preparing to imminently announce settlement terms with LIPA to resolve near-decade-long litigation regarding the property tax assessment of the plant, which the utility has argued is too high based on decreasing energy demand. Port Jeff has advocated for the refurbishment and repowering of its baseload plant to update its decades-old technology and to justify the property’s tax assessment.

By 2027, the power purchase agreement between LIPA and National Grid expires, and to resolve the tax certiorari challenges, LIPA negotiated with the village a nine-year “glide path” for tax revenue reductions to coincide with the agreement expiration, according to village attorney Brian Egan. The glide path includes gradual percentage reductions in assessed valuation on the property, deeming baseload repowering an unlikely future outcome. In addition, Caithness Energy LLC’s 2014 plans to construct a new 600-megawatt plant in Yaphank were revived temporarily by Town of Brookhaven’s town board this past summer, though the expiration of the company’s special-use permit for the site has put the plans back in doubt. If constructed, the Yaphank plant would further cloud the future of the Port Jeff plant.

Foxen admitted the options he brought ready to present during the meeting were dependent on Caithness II never getting off the ground, an outcome that is very much in doubt. The options also consider New York Gov. Andrew Cuomo’s (D) stated goal from 2016 that 50 percent of the state’s power come from renewable sources by 2030.

The consultant suggested turning the site into a 200- to 300-megawatt plant powered by peaking units or smaller energy generation systems capable of firing up only in times of high demand, as its best option. The units operate using gas or liquid fuel, though they are viewed as efficient supplements to renewable energy sources like wind and solar, which can’t handle demand on their own.

“I think it does help support renewables,” Foxen said of peaking unit plants, adding that financing the work needed to repurpose the site in this way would be hard to establish without a new power purchasing agreement with LIPA. Village officials are set to meet Sept. 20 with representatives from private Finnish company Wartsila to discuss the feasibility of installing peaking unit technology at the Port Jeff plant.

Foxen’s other brainstormed options included establishing the village as a municipal electrical utility, meaning it would assume control of energy distribution from the plant to customers to power homes, though he called the option costly and time consuming; and taking over energy distribution and limiting it to private customers at a reduced rate for businesses in specific industries that have high-energy demand, like data storage centers, for example, which could even be housed on the vacant site.

“It would be kind of an interesting magnet for a data center or somebody like that — saving money on energy might be a draw,” Foxen said.

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State Senator Anthony Palumbo speaks at TBR News Media during the 2014 election cycle. File photo by Elana Glowatz

After a Republican primary characterized by a challenger’s legal battle, the status quo prevailed in New York’s 2nd state Assembly District Sept. 13.

Two-term incumbent Assemblyman Anthony Palumbo (R-New Suffolk) defeated challenger Mike Yacubich, a Shoreham resident and chief of the Rocky Point Fire Department, to earn a spot on the general election ballot in November. Palumbo secured more than 80 percent of the vote, with 2,740 registered Republicans in the district casting their ballots for the incumbent to just 641 for the challenger.

“Thank you to all of the friends, supporters, staff, volunteers and especially family who sacrificed the summer to get this done,” Palumbo said in a post on his campaign Facebook page. He did not respond to a request for comment sent to his campaign email. “I’m humbled by the tremendous turnout and the results last night are a reflection of your hard work and support. It’s an honor to serve you and we are on to the November general election.”

Yacubich’s effort to challenge Palumbo wasn’t without a dose of intrigue. Judges from the New York State Supreme Court Appellate Division ruled in his favor Aug. 24 allowing his name to appear on the Sept. 13 ballot following challenges to his petition signatures raised by three citizen objectors from the district concerned two Mike Yacubichs were registered to vote at the same Shoreham address — both the candidate and his 25-year-old son.

The objectors argued that since the father and son are registered to vote at the same address, those who signed the petition approving the elder Yacubich as a political candidate couldn’t have distinguished between he and his son, who also goes by Mike. The argument was heard by the Republican and Democratic commissioners of the Suffolk County Board of Elections — Nick LaLota and Anita Katz, respectively — who brought the case to the Suffolk County Supreme Court. The lower court initially ruled against Yacubich, who then appealed and won to restore his name to the ballot. The appeals court judges ruled the board of elections “exceeded its authority,” in disallowing Yacubich’s signatures, finding no proof of any intention to confuse voters.

“We fought hard and put a lot of time and effort into an election process that clearly does not welcome outsiders,” Yacubich wrote in a Facebook post. “I can only hope we shed some light on an election system that could certainly use some changes, and I hope that some good will come from us expressing our frustrations with our elected officials.”

Palumbo, who won a special election in 2013 to assume the seat he has held for two official terms following campaign victories in 2014 and 2016, will now turn his attention to Democrat Rona Smith, who he will meet in the Nov. 6 general election. Smith is a Southold resident who currently serves as chair of Southold’s Housing Advisory Commission, sits on the town’s Economic Development Committee, and is vice chair of the Southold Local Development Corporation.

“Now we move forward with real issues that are important to constituents,” Smith said in a phone interview following the primary. “It’s about coming out and saying what you believe in, what you stand for and if that connects to the constituents.”

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Candidates to meet again on the ballot in November

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

Their first race is in the books, but the more important one is yet to come.

Family Court Judge Theresa Whelan defeated attorney Tara Scully in the Democratic primary Sept. 13 to secure a spot on the November ballot in the race to preside over Suffolk County’s Surrogate’s Court. Whelan received nearly 65 percent of the vote, besting Scully 38,674 to 21,040 votes.

“Last night was a great victory for Democrats,” Whelan said in a statement Sept. 14. “I want to thank the voters of Suffolk County and Democratic Chairman Rich Schaffer for having confidence in me and my credentials. I’m looking forward to presenting my 10 years of judicial experience and 30 years of courtroom experience to the voters in November.”

“Last night was a great victory for Democrats.”

— Theresa Whelan

A spokesperson for Scully’s campaign characterized the primary result as a win for the candidate.

“Tara scored her first victory in July, when her entrance into the race forced party leaders to scrap their plan to make a Conservative the candidate of the Democratic Party and scurry to find a Plan B,” campaign spokesman James Walsh said in a statement. “Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals. Tara is still the only candidate for Surrogate nominated by the people. No other candidate gathered a single signature to get into the race. We are confident that she will have broad support across party lines in the General Election.”

The nearly 60,000 voters in the closed primary represented a significant turnout jump from the last time Democrats went to the polls. On June 26, a little more than 32,000 Suffolk County residents registered as Democrats voted in Congressional primaries for the 1st and 2nd districts combined, though the Sept. 13 primary also featured New York gubernatorial, lieutenant governor and attorney general candidates.

“Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals.”

— James Walsh

The Surrogate’s Court race came under scrutiny after Newsday ran an editorial publicizing the political patronage and cross-endorsement agreements that highlighted the race. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Suffolk’s Conservative Party Chairman Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Committee Chairman Rich Schaffer.
As a result, Scully said she gathered enough petitions to run on both Democratic and Republican lines in July to offer voters an alternative. When presented with Scully as a primary challenger, Tinari dropped out. The Democratic Party then nominated Whelan, who calls herself a life-long Democrat.

Despite Thursday’s primary defeat, Scully has secured the Republican Party line in the race for Surrogate’s court and will face off Whelan again at the polls in less than two months.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy Scully and Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70.

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each.

This post was updated Sept. 18.

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Three Village Civic Association held a forum Sept. 4 during which Brookhaven Councilwoman Valerie Cartright, Rich Johannesen, Mary Ann Johnston and Anthony Figliola weighed in on an upcoming referendum in Brookhaven. Photo by Alex Petroski

Brookhaven Town has taken steps to change laws pertaining to terms of office for elected officials, but civically minded citizens are discussing it before jumping on board just yet. The Three Village Civic Association hosted a forum Sept. 4 at Emma S. Clark Memorial Library featuring four experts to discuss the proposal, which will appear on November’s ballot in the form of a referendum to be passed or failed by Brookhaven voters. Audience members came from as far afield as Medford and Patchogue.

The speakers included 1st District Councilwoman Valerie Cartright (D-Port Jefferson Station); Rich Johannesen, a veteran of local politics considered an expert in governmental workings, who helped lead a citizens initiative to establish council districts in the town more than 15 years ago; MaryAnn Johnston, president of the Affiliated Brookhaven Civic Organizations who also has seen more than her fair share of political races and policy discussions; and Anthony Figliola, former Brookhaven deputy supervisor and vice president of Empire Government Strategies, a company that provides strategic counsel on governmental relations and practices to municipalities.

Brookhaven’s board voted unanimously Aug. 2 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, which would put it on par with the other Suffolk townships. The referendum will have a second component as part of the same, single “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. If passed the law would go into effect for terms beginning Jan. 1, 2020.

In 1993, residents voted to implement a limit of three terms of four years each on elected officials, though that law was no longer applicable following a 2002 public vote to establish council districts since 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 Aug. 2 town hearing.

Some of the speakers at the Sept. 4 civic forum took issue with Brookhaven’s interpretation that the law of the town isn’t already limiting elected officials to serving three terms, calling on politicians to solicit an opinion from the state attorney general. Others pointed to language which could allow sitting board members to start their term clocks afresh, despite having served several terms already on the board, as particularly objectionable. Some suggested the referendum felt rushed saying, waiting a year would ensure full community awareness about the town’s intentions.

Below are some of the comments from the civic association’s invited guests in a session moderated by the civic’s Herb Mones:

Johannesen: “I’m going to be very clear — I oppose four-year terms. The longer we allow elected officials to serve without putting them before us, the more likely it is that they are going to become corrupt. I think if you look at the history of corruption in this town and you look at the history of corruption in this county, one of the reasons why our elected officials have gone south is because there were no checks and balances. There hasn’t really been the kind of political diversity we were hoping for.”

Johnston: “The founders thought it was good enough for our congressmen to be two years; the state constitution provides for our assemblymen and our senators to be two years. And if the problem is raising funds for political campaigns, then the issue isn’t the length of term, because we have no guarantee they’ll ever stop raising funds and do it continually for four years. This is what the voters want: We chose councilmatic districts and the Town of Brookhaven fought us tooth and nail all the way down the line. And now they’re telling us that the 1993 referendum that we enacted was repealed by council districts. That’s not true. We already have term limits. It can’t be repealed by implication.”

Figliola: “To be perfectly candid, whether it’s two years or four years, you can’t legislate human conduct. So, if people are going to be corrupt, they’re going to be corrupt. I think that’s what prosecutors are for. It’s very hard to get elected if you’re a challenger unless it’s an open seat. It’s possible … but it’s difficult. That doesn’t have anything to do with corruption. I believe term limits can help, they can’t completely stop it, but can help because it will open up an opportunity for citizen legislators to be able to run. What this will do is, this will say ‘you have consecutively or nonconsecutively three four-year terms and then you’re out.’”

Cartright: “As you all know, two town board meetings ago, I voted in support of putting this on the ballot for a vote. This has been something that me and my colleagues have been discussing for quite some time — at least four years or so. I think this is an important discussion that needs to be had. Am I advocating one or another? I am not. I understand both sides. My personal opinion is that for good governance, I do think that four years would be better than two years, based on my experiences.”

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Scully and Whelan face off in Democratic Primary Sept. 13, but they could meet again in the general election

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

By Kyle Barr and Alex Petroski

Political races for local judgeships don’t tend to garner much attention, but the 2018 race to preside over Suffolk County’s Surrogate’s Court is breaking the mold.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy candidates Tara Scully and Theresa Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70. The candidates face off in the Democratic primary Sept. 13 for the party line in the general election.

The situation has drawn criticism far and wide, largely on the practice of cross-party endorsement deals. The candidates sat down Sept. 6 for an exclusive interview with TBR News Media’s editorial staff to set the record straight.

What is Surrogate’s Court?

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each. The court’s rulings can involve large amounts of money, making it uniquely susceptible to political patronage.

Scully and Whelan both said they have the utmost respect for Czygier and seek to continue his legacy and practices.

“Surrogate’s Court is there to help families when they can’t really help themselves,” Whelan said. “It has to be fair.”

Scully stressed the importance of having empathy in Surrogate’s Court.

“It’s a sanctuary and it needs to be treated like that,” she said. “People there are dealing with extremely difficult issues.”

Family Court Judge Whelan vies for nod

“I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

— Theresa Whelan

Whelan, 56, a Wading River resident, said she is throwing her hat into the ring for the Democratic nomination because of her qualifications and experience.

“I have the bench experience,” Whelan, a registered Democrat, said. “I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

The nominee took the bench in Suffolk County Family Court in 2008, before becoming the supervising judge in 2016. There, she hears primarily abuse and neglect cases. Her responsibilities include overseeing nine judges and seven support magistrates in two courthouses.

“I have assisted hundreds, if not thousands of children to be successfully reunited with their parents,” Whelan said. “And if that’s not possible, we try to find them another loving option.”

Since 2009, Whelan has led Suffolk County’s Child Welfare Court Improvement Project, an initiative to address court practices when a child is removed from a parent’s care while trying to ensure their safety and well-being.

The nominee said she is an active member of the Suffolk County Bar Association and often lectures for them. She co-chaired Suffolk’s Family Court & Matrimonial Law committee for three years and is a former president of the Suffolk County Women’s Bar Association. Whelan’s husband, Thomas, is also a judge, currently serving as a Suffolk County Supreme Court justice.

Despite current calls for an end to party patronage, Whelan said the position she’s running for is not a tool to fix the political system. She hopes to win on her own merits.

“I have support of statewide judges, the chief judge, the administrative judge, the bar association, etc. [in my roll on the Family Court],” the nominee said. “I stand here as my own candidate.”

Scully cites her experience in elder law

Scully, 41, of Setauket, said she’s seeking the Democratic nomination after calls by Newsday and other elected officials to challenge the patronage system affecting this and other judicial races.

A registered Republican, she pointed to her years working in elder law as part of the experience she can bring to the Surrogate’s bench.

“I do recognize I have an uphill battle,” Scully said. “But I love the Surrogate’s Court, and I believe the sanctity of our courts has to be preserved.”

Scully started her career working in the executive chamber of former New York State Gov. George Pataki (R), before serving as counsel in guardianship proceedings for the state’s Appellate Division’s Mental Hygiene Legal Service. Like Whelan, she also is a former president of the Suffolk County Women’s Bar Association.

Scully began her Port Jefferson-based practice in 2011 focusing on elder law. She said she has extensive experience in estate planning and administration, asset protection and guardianship proceedings, all of which she said would be important knowledge for Surrogate’s Court. Like Whelan, Scully also has political connections in the family as her father, Peter Scully, has name recognition in Suffolk County. He previously served as the regional chief for the New York State Department of Environmental Conservation and currently works as one of County Executive Steve Bellone’s (D) deputies.

Tara Scully said she often provides free legal representation for indigent seniors, veterans and those with disabilities.

“I have a poor business sense in the amount of pro bono work I take on,” Scully said.

In 2015, Scully ran for Brookhaven Town District Court judge where she said she saw firsthand the way party patronage has entwined itself with politics after turning down a cross-endorsement deal. She lost by 173 votes.

“I was so green I didn’t realize at the point that in many circumstances it was business as usual,” Scully said. “I think a lot of people were upset with me that my gut reaction was revulsion.”

Political backstory

“Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

— Tara Scully

Although judges are expected to set aside their personal beliefs, politics has marred the race, though not necessarily thanks to the candidates themselves. Neither Whelan nor Scully were involved in this race as of early summer. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Conservative Party chairman, Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Party chairman, Rich Schaffer, which was one of many similar deals between Suffolk party bosses.

In June, Newsday ran an editorial in the form of a want ad, calling for a candidate “with a backbone to resist pressure from political bosses,” in response to the cross-endorsement of Tinari. Scully said she sprang into action as a result of the editorial to meet a tight deadline, and garnered enough signatures to run as both a Democrat and Republican. With a primary challenger stepping up to the plate, Tinari withdrew. Democrats then selected Whelan, who called herself a lifelong Democrat, as their candidate.

Scully has argued her decision to enter the Democratic primary — despite being a registered Republican — has provided voters with a more transparent choice than if a Conservative had remained on the Democrat line.

“I think the real point is six weeks ago, eight weeks ago, the Democrat candidate was a Conservative, and Democrats would go in and vote and not have any idea that the individual they’re voting for is not in line with their party philosophies,” Scully said. “Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

Whelan argued that voters are equally in the dark with a Republican in a Democratic primary. If she loses Thursday, there will be one name occupying both major party’s lines come November, as Scully has already been penciled onto the ballot by the Republican Party. Whelan joked when voters enter booths Sept. 13 they’ll simply be deciding between two Irish last names with little knowledge of the politics. She also took issue with Scully portraying herself as “standing up for Democratic principles” on her campaign site.

“If I don’t win the primary, voters don’t have a choice, and I think that’s fair to say,” Whelan said. “I’m presenting myself as a Democratic Party member and the experienced judge, so that Tara and I can actually have a real election on Election Day, and I think that’s what she was trying to accomplish in the beginning.”

This post was updated Sept. 11. This post was updated Sept. 12 to clarify a quote from Whelan.

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Poquott's Village Hall. File photo

Plans to build a community dock continue to cause waves in the Village of Poquott.

Approximately two dozen Poquott residents rallied Aug. 25 on Route 25A in East Setauket to protest the village trustees’ decision to rescind a resolution for a 10-year bond to pay for construction of a village dock in favor of a five-year bond.

“Hopefully, we are at a point we can actually build the dock.”

— Jeff Koppelson

The protesters have been against the dock’s construction for nearly a decade.

The mayor and trustees called an emergency meeting Aug. 23 after more than 200 residents signed a petition requesting a referendum vote on the dock plans. In July, the board voted for a 10-year bond instead of their original plan for a five-year note after tabling the decision earlier in the year when bids came in higher than predicted. The original plans were estimated to cost $150,000 but did not include Americans with Disabilities Act-compliant ramps. The new cost of the dock will be approximately $255,000.

In an email to residents after the Aug. 23 vote, Mayor Dee Parrish explained the reasons for the change from a 10-year to a 5-year bond noting the construction of a dock had been “a known work in progress since 2010.” She said residents were first sent a survey in 2010, and the village mailed out two additional surveys in following years. The majority of village residents answered they were in favor of a community dock, according to the mayor, which will be built in California Park at the end of Washington Street and will measure 128 feet by 4 feet. The board of trustees officially began planning efforts in 2015.

“The dock plan was in forward motion since then and the decision we faced was not whether or not to put it to a vote, but rather how to pay for the construction,” Parrish wrote. “The recent petition for referendum was challenged, and the village attorney recommended that the five-year bond would ensure that project move[s] forward as originally planned by the board.”

Trustee Jeff Koppelson said the board had considered a 10-year bond to reduce the annual cost to Poquott residents, but once they became aware of the petition for a referendum, moved forward with the original five-year plan.

John Richardson, a village trustee who ran for mayor this year, said the village attorney informed him the residents would not be able to request a referendum given the five-year bond, and he voted “nay” for the new payment plan. Under New York State law, a request for a referendum would be allowed with a 10-year bond.

“Hopefully, we are at a point we can actually build the dock,” Koppelson said.

“I’m representing what people want. If they’re paying for it, they should have a say in it.”

— John Richardson

Richardson said he is concerned because the bond was not put out for a bid, and he believes residents should be able to vote on whether or not they wanted a dock and how to pay for it. He also said the feedback he has received from residents is that they are worried about maintenance and insurance costs.

“I’m representing what people want,” Richardson said. “If they’re paying for it, they should have a say in it.”

Felicia Chillak, who ran for trustee this year, went door to door with others to collect signatures for the petition requesting a referendum. She said the residents who signed were a mixture of those who wanted a community dock and those who didn’t, but all believe it should be voted on. Chillak said she had 30 days after the July 19 board meeting to turn the signatures into the village clerk, and as of Aug. 16 the petition had 196 names. She was then notified by the state Comptroller’s Office due to Aug. 18 falling on a Saturday, she could submit the paperwork by Aug. 20.

Chillak then presented the village clerk with an amended petition with 207 signatures. She said the petition needed the signatures of more than 20 percent of Poquott voters, and a recent voter registration list from the Suffolk County Board of Election that she obtained lists 802 registered voters reside in the village. However, at the Aug. 23 meeting, Village Attorney Joseph Prokop questioned the validity of some signatures.

Chillak said some people were hesitant to sign the petition or participate in the Aug. 25 rally.

“This is a serious issue in this village,” she said. “Even when we were getting petitions signed, residents were afraid of the mayor seeing their signature in fear of retribution.”

According to Parrish’s email, village officials and residents have organized multiple community events, including the Poquott Community Association’s Lobster Bake, with the intent to raise money for the dock. To date, $20,000 has been raised. The village also acquired three floating docks valued at $16,000 at no cost. Parrish said an average household will see a $123.20 a year increase in their taxes to pay off the five-year bond.

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