Government

Suffolk residents are suing the county, overseen by Executive Steve Bellone, for what they deem to be illegal fees. File photo

By Kevin Redding

An upstate New York legal group that helps residents stand up against improper actions by their government recently set its sights on Suffolk County, whose hike in illegal fees in the past two years is the focus of a class-action lawsuit.

On Oct. 24, the Government Justice Center, an Albany-based nonprofit that offers pro bono representation to New York residents seeking to “fight city hall,” filed a lawsuit in state Supreme Court on behalf of five Suffolk County residents against the county, saying its abundance of assessment fees are “unauthorized taxes.”

The plaintiffs — homeowners living in Melville, Kings Park, Commack, Calverton and Shirley — face increasingly expensive fees for filing real estate documents, namely tax map verifications, which raked in $66 million this year, that far surpass the county’s operating budget of $1.2 million to perform the transactions through its Real Property Tax Service Agency, the suit alleges.

Between 2015 and 2017, mortgage recording fees and tax map verification fees imposed by the county jumped from $60 to $200 per land parcel, with an additional $300 slapped on for every mortgage recording instrument used. The revenue from the fees contributes to the county’s general fund.

According to the complaint, the county passed legislation to enforce these “backdoor taxes” on a certain subset of residents — in this case, homeowners — to bear the county’s burden as it was “unwilling to rein in its spending or face the political consequences of raising taxes to pay for general fund expenses.”

But, under state law, local fees are not allowed to exceed the cost of service or be used
to offset the revenue of government functions.

The homeowners are now calling on the county to stop imposing the illegal fees or at least reduce them to more closely match the $1.2 million service cost, and to refund them a portion of the real estate document fees. The county is currently being subpoenaed.

“It’s important that residents get the opportunity to have their voices heard,” said Cameron MacDonald, the executive director of the GJC. “The county is not supposed to be raising revenue through unauthorized taxes in the form of excessive fees. They need to either pass a tax that affects everyone or cut its spending.”

Ahead of the Suffolk County Legislature’s budget vote for 2018, which passed Nov. 8, MacDonald said he and his group called on legislators, to no avail, to eliminate a total $102 million in fees that generate revenue above the cost of the departments that collect them.

Mike Armstrong, the director of field operations for Reclaim New York Initiative, a nonpartisan group with representation on the GJC’s board which launched the Fight the Fees campaign to end illegal fees across the state, has been active in gaining public support of the lawsuit.

Armstrong compared the gradual increase of fees on taxpayers to “the difference between getting small cuts on your arm to having it chopped off entirely.

“The county talks about wanting to keep people here while they’re pushing them out the door with fees and taxes,” Armstrong said, adding that while tax increases are never popular, it’s at least honest compared to these fees. “I feel bad for young couples who want to buy a house that are now paying that mortgage fee. I feel bad for senior citizens who are closing out their mortgages and then are faced with an  exorbitant fee. It’s an issue that’s impacting people in a really dramatic way.”

During a vote last December to adopt the 2017 county budget,  Presiding Officer DuWayne Gregory (D-Amityville) defended the fee increases, saying residents will not leave Suffolk County because of a few additional hundreds of dollars.

“I don’t think anyone is going to move to Florida, Virginia, North Carolina, Arizona or anywhere else because of $300,” Gregory said regarding the verification fee. “I think it’s going to cost more to relocate than the
increase in this fee.”

Among few voices of opposition on the Legislature is Rob Trotta (R-Fort Salonga), who, during the meeting to adopt the 2017 county budget, called it “death by a thousand knives.” He warned of an inevitable deficit in the county’s budget.

“The mismanagement of Suffolk County is heading us down the path of bankruptcy,” Trotta said. “They’re going to lose the lawsuits and they’re going to have to refund the fees and stop spending money. There’s going to be a huge hole in the budget no matter what.”

Jason Elan, a spokesman for County Executive Steve Bellone (D), addressed the lawsuit in an emailed statement.

“This is a politically motivated lawsuit filed by Albany insiders who lack any understanding on how government costs are apportioned, yet have no problem saddling taxpayers with the cost of fighting this completely frivolous complaint,” Elan’s statement read.

The state supreme court has since ruled similar fees in Nassau unconstitutional.

“This is a major victory for taxpayers, homeowners, businesses and any New Yorker who has been forced to pay an illegal fee,” Reclaim New York said in an email. “Every government around the state should get the message loud and clear. Nassau and Suffolk legislators have knowingly been stealing from residents with illegal fees ­— it’s theft. It is time to end illegal fees across New York.”

Huntington councilwoman Susan Berland, second from right, attended at her last board meeting as an elected town official Dec. 13. Photo by Sara-Megan Walsh

By Sara-Megan Walsh

Huntington Councilwoman Susan Berland’s (D) 11th-hour resignation caused the outgoing Democratic board to make a last-minute appointment to fill her seat as its final group action.

Joan Cergol, a registered Democrat and town employee, was appointed to replace Berland, who resigned from her position effective immediately at 10:43 p.m. at the Dec. 13 town board meeting.

A lifelong Huntington resident, Cergol has served as the town’s director of the Huntington Community Development Agency, executive director of the Economic Development Corp., and executive director of the Local Development Corp.

“The voters who placed me on this town board in five successive elections deserve to have someone whose qualifications, focus and accomplishments are coordinated with mine, who is dedicated to serving public interest over any political or individual pressures, and who will continue to represent them on this board,” Berland said in presenting Cergol.

Councilman Mark Cuthbertson (D) called for Cergol’s immediate appointment, despite the objections of Councilman Eugene Cook, the lone Republican on the board.

“I absolutely think this is the wrong thing to do,” Cook said. “The voters of the Town of Huntington went out and voted for a new direction coming in. You are taking that away from them. This should be going out to a new board.”

As Supervisor Frank Petrone (D) is retiring, the political majority of the board will flip come Jan. 1, 2018 from longtime Democratic control over to the hands of the Republicans. Supervisor-elect Chad Lupinacci (R) and Republican Ed Smyth will take over the seats held by Petrone and Councilwoman Tracey Edwards (D) respectively. Edwards will leave the board in January after running an unsuccessful campaign for town supervisor against Lupinacci.

“I believe Councilwoman Berland was elected as a Democrat,” Cuthbertson said in defense of Cergol’s appointment. “This board has every right to choose her replacement based on her resignation, whether registered Democrat or not, and we’re entitled to fill that vacancy. It’s the responsible thing to do.”

Cuthbertson was supported by his outgoing political party members Petrone and Edwards.

“Joan has worked with all members of the board and she’s noted for being someone who is nonpartisan when it comes to her activities in town hall and her actions as a professional,” Petrone said. “I echo, as outgoing supervisor, I would have been delighted to serve with Joan Cergol.”

Cergol will serve in Berland’s place through November 2018. Then Cergol will have to run for election to serve the remaining year of Berland’s term through December 2019, in accordance with state law.

Berland, who was elected in November to represent the 16th District in the Suffolk County Legislature, will begin her two-year term Jan. 1, 2018. She has served for 16 years on the Huntington town board.

“I have always strived to do the best job possible and made decisions not political, but in the best interests of the people,” she said in a farewell address. “Please know I am always just a phone call away and my heart will always be with the people of Huntington.”

Mechanized mark landing craft similar to the model sought by Town of Brookhaven for highway department use. Photo from U.S. Navy website

By Kevin Redding

Town of Brookhaven Highway Department is hoping for a 68,000-pound gift this holiday season.

On Dec. 14, the town’s division of purchasing will publicly open and evaluate competitive bids from shipbuilding contractors to determine which one will replace the highway department’s outdated military-style landing craft with a more modern and enhanced version of it. The Landing Craft Mechanized Mark 6 is an ex-military steel vessel used often by the department to transport heavy equipment — such as backhoes, dump trucks and Bobcat bulldozers — and personnel to communities on Fire Island for emergency and maintenance services. The bid was issued Nov. 23.

Brookhaven’s specifications for the new vessel include up-to-date engines, electronics and new steering and propulsion systems. The outer dimensions are to be 56 feet long and 68,000 pounds, based on the current LCM-6, which has been operated by the town for several decades. The current model requires frequent repairs, and will be donated to the Brookhaven parks department, according to the highway superintendent, Dan Losquadro (R).

“For us, this is a very useful tool and from a disaster preparedness standpoint, in the event of another major storm, having a landing craft we can rely on to operate day in and day out, to move materials, is very valuable,” said Losquadro, adding that the vessel has the capability to operate in nonideal conditions and is designed to function just as well if a pier or infrastructure is damaged. “On the South Shore, in the event of a major storm, there’s a real possibility you might have flooding or roadway and coastal damage that would prevent you from getting to the shoreline. And certainly on Fire Island, you have no choice. You have to go by boat. It leaves us with very few options other than to have a piece of equipment like this. So it fills a very specific purpose for us.”

Losquadro said the landing craft has been utilized “basically every day” by the department since he was elected in 2013 to facilitate repairs on the boardwalks, concrete, sidewalks and crossovers in Fire Island towns like Ocean Beach, Cherry Grove and Davis Park. But it’s also critical in more dire situations, like evacuation assistance and repairs in the wake of nor’easters, snowstorms and fires.

“I essentially have to plan for my worst nightmare,” Losquadro said. “I’m putting in plans to have equipment ready for the scenarios I never want to have to deal with.”

Kristen D’Andrea, public relations officer within the department, said the vessel is stationed in the water so it’s ready for use 365 days a year.

“It’s ready to go at any time,” D’Andrea said. “And it’s something local fire departments can use. If there’s an emergency and the town receives a request from fire rescue and emergency services, the craft can definitely be used to shuttle fire equipment over to the island.”

Steven Brautigam, the Village of Ocean Beach clerk, said since Hurricane Sandy weather is closely monitored and extra safety precautions are taken. He considers the vessel a smart piece of machinery to have just in case.

“Anything to bring heavy equipment over here at a moment’s notice is very needed,” Brautigam said. “I think it’s a great thing for Brookhaven to have. It can help bring over supplies before or after a storm.”

The project will be funded by a Federal Emergency Management Agency grant totaling more than $5 million, which was awarded to Brookhaven in October for emergency operation upgrades. Other pieces of equipment the town plans to purchase with the grant money are a horizontal wood grinder, a knuckle boom truck and a self-loading concrete mixer.

Losquadro said there are a number of shipbuilding companies across Long Island and he’s anxious to see who bids and who ultimately gets the contract. He and the department will work closely with the contractors to ensure they build the craft exactly as the specifications outline.

“We want to get the best price we can for the best product,” he said. “It’s all driving toward enhancing our fleet of equipment to be more reliable than what we’ve had.”

Suffolk County sheriff-elect, Errol Toulon Jr. and his wife Tina. Photo from Toulon

By Kevin Redding

On the Saturday before Easter in 2003, Suffolk County sheriff-elect, Errol Toulon Jr. (D) sat in the den of his Lake Grove home and said to God, “If you give me a chance, I’m going to do something great.”

Toulon, who had dropped from 240 pounds to about 140 and could barely walk, was recovering from a Whipple procedure to remove a cancerous tumor on his pancreas. It had been his second battle with cancer in less than 10 years — in 1996, he was diagnosed with Hodgkin’s lymphoma — an ordeal that was followed by MRSA, a type of staph infection, and pneumonia. Doctors and family members expected the worst.

A year later, in the spring of 2004, the Rikers Island corrections officer-turned-captain enrolled at Suffolk County Community College. He went on to receive his master’s degree in business administration from Dowling College and an advanced certificate in Homeland Security management from Long Island University.

Toulon, left, as a bat boy at Yankee Stadium, pictured with Yankees legend Reggie Jackson. Photo from Toulon

In the midst of his appointment as deputy commissioner of operations for the New York City Correction Department in 2014, Toulon pursued and completed his doctorate in educational administration and took leadership courses at the John F. Kennedy School of Government at Harvard University.

On Dec. 4, after a last-minute campaign to be Suffolk County sheriff against opponent Larry Zacarese (R), Toulon, 55, became the first African-American elected official in a nonjudicial countywide position in Long Island’s history.

“I still don’t think I’m finished to be honest with you,” Toulon said, laughing. “I am very fortunate and I don’t take any day for granted.”

He said he didn’t even know the landmark aspect of his victory until the counting of absentee ballots was close to being completed. The race was too close to call after Election Day Nov. 7, leaving the tightly contested election hanging for nearly a month.

“I think that can help to show that any individual, no matter what ethnicity or gender, can achieve anything they want,” Toulon said. “But I don’t think, necessarily, the color of my skin will matter at all. I think my work experience and work ethic will show that those who voted for me made the right choice, and I think those that didn’t vote for me will feel I can do the job and have the best interests of the people.”

Those closest to him said despite the odds stacked against him, Toulon’s win makes perfect sense.

“He’s a rare breed of person — you couldn’t ask for a better man for the position,” said Ralph Grasso, a retired New York Police Department officer and friend of Toulon’s for 26 years. “Anything he puts his mind to, he achieves.”

Grasso was far from the only colleague to heap praise on the sheriff-elect.

“Errol’s always shown through his actions how great a leader he is,” said Keith Taylor, who worked with him in the department of corrections for two years. “When it came to officers who were victims of inmate violence, he always made sure to visit them in the hospital, and always without any fanfare. He’s dealt with a lot of adversities and always handles them with dignity, grace and strength.”

Meg Malangone, a registered Republican in Lake Grove who works in the business office at TBR News Media, said Toulon is the first Democrat she’s voted for in 40 years.

“Not only is he one of the most incredible individuals I know, I honestly felt he was the best man for the job,” said Malangone, whose son was friends with Toulon’s sons growing up. “Errol is a wonderful human being. He is a strong, kind, smart and gentle man. He is not afraid to make tough decisions and is thoughtful in his approach to problems and solutions. He is going to be a fantastic sheriff for Suffolk County.”

When he officially starts his new job in January, Toulon said he’s determined to manage the sheriff’s office effectively and utilize skills from his career in corrections to tackle what he considers “the big three”: gangs, the opioid crisis and working with the community to develop a strong re-entry program for those incarcerated to help with housing and jobs when they leave the jail. He said outgoing Sheriff Vincent DeMarco (C) has given him a tour of the facilities, he’s met with staff and he looks forward to working collaboratively with district attorney-elect, Tim Sini (D).

“There is nobody with the type of integrity he has,” said Keith Davies, Toulon’s campaign manager, who was admittedly nervous to start a full-fledged race two months before the election with a candidate he didn’t know. “But then I got to know Errol and I knew I was working for someone that is the right person to be in the position. He kept us motivated and working hard. He’s a good man.”

“There is nobody with the type of integrity [Toulon] has.”

— Keith Davies

Despite his lifelong career in law enforcement, Toulon said the reason he thinks he was elected, and had such large support from community members on both sides of the aisle, can be traced to his second life as a coach of various sports in the last 20 years.

An avid hockey fan who even created a program around the sport within the corrections facility, Toulon coaches ice hockey at the Long Island Gulls Amateur Hockey Association in Jericho and served as a roller hockey coach at The Sports Arena in St. James. He has also coached baseball for the Sachem Youth Advisory Group; soccer for Middle Country Children’s Soccer League; and basketball for Middle Country.

“I’ve tried to make sure it wasn’t about winning or losing with the kids,” Toulon said. “I thought that even the kid who probably wasn’t the best person on the team should’ve gotten an opportunity to play. We won or lost together. A lot of parents asked me to be their child’s coach each season and I felt very honored by that.”

But Toulon’s overall achievements can be traced further back to the 1960s and ’70s in the South Bronx, where he grew up with his younger brother, Anthony, and parents, Errol Sr. and Alma, and attended Cardinal Hayes High School.

“He was always a go-getter,” recalled Errol Toulon Sr., 78, a retired deputy warden of the New York City Department of Correction. “He always volunteered within the community, played baseball and just always gave it his all. We couldn’t be prouder of him.”

Toulon’s mother, 74, who worked in education, remembered her sons being extremely protective of her, not even letting her walk to the local tennis court by herself.

“They were like my guardian angels,” Alma Toulon said. “I’m so proud of Errol Jr. He always does anything anyone asks him to do. He is a wonderful kid … I still call him a kid, he’s 55.”

Toulon pointed to his parents, who both went back to school later in life to get their bachelor’s and master’s degrees, as his two biggest heroes, though he also credited another: Willie Randolph, the former New York Yankees second baseman and New York Mets manager. Toulon came to know Randolph well working as a bat boy for the Yankees in 1979 and 1980.

“I was a diehard Yankees fan, didn’t live too far from the stadium at the time and went for an interview in January 1979,” said Toulon, who fondly remembered being around players like Randolph, Catfish Hunter and Thurman Munson. “They all treated me like I was a valuable part of the team. And that really carried over to my own managerial style that every member of the organization — no matter where you are in the chain — is important to making the team as successful as possible.”

Toulon’s son, Justin, 28, who works in the film and television field in Georgia, called his father the hardest working and most driven person he knows and said Toulon instilled in him the importance of respect.

“I don’t think I’ve ever brought somebody to meet my father that hasn’t said afterward, ‘That’s a great guy,’” Justin Toulon said. “My dad always leaves that impression. You just respect him and he has this charming ability about him. People gravitate toward him.”

Speaking from experience on that front is Toulon’s second wife, Tina, who he met in 2014, and married a year and a half ago. His first wife, Susan, passed away 29 years into their marriage.

“I’m his No. 1 fan,” Tina Toulon said. “He just has this wonderful aura about him: that great smile and those great eyes, full of life. He has an incredible loyalty about him and I love how he connects with people. He wants to always leave things better than how he found them … so I know he can do this job well.”

The intersection of Barnum Avenue and West Broadway in Port Jeff Village now features left and right green arrows. Photo by Alex Petroski

Changes have finally been made to a Port Jefferson Village intersection closely situated near the Town of Brookhaven boat launch ramp within the Port Jefferson Marina.

The New York State Department of Transportation installed new traffic signals at the intersection of Barnum Avenue and West Broadway Dec. 12 in the hopes of further alerting northbound drivers on Barnum not to proceed through the intersection, as just yards away on the other side lies the boat ramp directly into Port Jefferson Harbor. The new signal features green left and right arrows, replacing the standard green signals that used to hang above the crossing.

The change was made after a letter was sent to the department by Village Mayor Margot Garant earlier this year calling for safety improvements in the aftermath of an April 6 incident in which a man in his early 60s drove into the harbor via the same boat launch. DOT Regional Director Joseph Brown responded to Garant in a letter dated Sept. 15, saying the department had conducted an investigation which included an accident analysis, turning movement counts, pedestrian counts and field observations of the area. The letter also said the DOT would heed Garant’s request and change the traffic light.

On Oct. 30, 69-year-old Lake Grove resident William Whalen was pronounced dead at the hospital after he was pulled from a submerged vehicle in Port Jefferson Harbor. His vehicle entered the water via the troublesome intersection.

“I think it’s one of many steps we’re going to continue to take,” Garant said of the new traffic signals during a Dec. 18 board meeting. “For those who are paying attention the green arrows help, but I think clearly for those people who are having either a medical problem or maybe an ulterior motive, they might just continue to drive through. I don’t really know.”

Garant said the village’s only recourse at the intersection is to add more signage, which she said the village would pursue, as West Broadway is a New York State road, and Brookhaven owns the boat ramp and marina. A spokesperson from the town declined to comment and instead directed inquiries to the office of Councilwoman Valerie Cartright (D-Port Jefferson Station)  regarding additional plans to prevent drivers from entering the harbor. Cartright’s office declined a request for comment.

Michael Schwarting and Frances Campani, of Campani and Schwarting Architects in Port Jefferson, in a joint letter to the editor and in a presentation to the village said they thought the new signals might not be enough. The architects suggested the exit from the ramp could be narrowed so that it does not perfectly align with the intersection.

“Narrowing the exit from the ramp so that it does not align with the Barnum lane running north would make it almost impossible to turn in,” the letter said. “It is pedestrian friendly, would not be very expensive and would add to the visual quality of the intersection.”

Village Deputy Mayor and Trustee Larry LaPointe said during the meeting he liked the architects’ idea.

“I thought that was a very good design,” he said. “I’d like to see the town consider that.”

In December 2005 60-year-old Setauket resident Richard Levin drove into the water on the same ramp and onlookers had to pull his unconscious body from the fully submerged car. Levin died days later as a result of the incident. The wife and executrix of the estate of Richard Levin named the town and village as co-defendants in a lawsuit in 2007. A New York State Supreme Court judge ultimately dismissed the case in 2011, finding the municipalities were not at fault.

Stock photo

Suffolk County shoppers, get your nickels ready.

In an effort to encourage residents to shop with reusable bags instead of plastic and paper “carryout” bags that harm the environment, the Suffolk County Legislature is rolling out a 5 cent fee on all disposable bags at a variety of retail establishments, from supermarkets to department stores beginning Jan. 1.

The new law, which was officially passed by the Legislature in September 2016, applies only to the single-use plastic or paper bags provided by cashiers at the end of a sale and used to carry goods from the store. There won’t be a fee, however, on bags found in produce sections for fruits and vegetables, frozen foods or on bags by pharmacies to carry prescription drugs, according to the law.

Cashiers are required to add the total fees to a customer’s receipt based on how many bags are used. Residents can avoid the fee by either buying a reusable bag — ones made of cloth or canvas, which are available in many retail stores — or shopping with a bag from home.

“Hopefully people will say ‘I’m not paying 5 cents’ and go with the other options,” said Legislator William “Doc” Spencer (D-Centerport), who wrote the legislation to reduce the influx of plastic bag waste that gets trapped in trees, blocks storm drains and causes significant damage to water supplies and wildlife. “We’re hoping to change behaviors. While we won’t change everyone’s, this will change a lot of people’s and that can make a big difference. I think once people start to not use the plastic bags, they’re not going to really miss them.”

Spencer’s bill began in March 2016 as a ban on all single-use plastic bags, piggybacking off an initiative adopted by the Town of Southampton, but it didn’t receive enough support. This revised bill was co-sponsored and pushed by five legislators, including Al Krupski (D-Cutchogue), Kara Hahn (D-Setauket) and Bridget Fleming (D-Sag Harbor), and 140 out of 150 residents who weighed in on the initiative during a public hearing testimony.

As of Jan. 1, shoppers will be paying for paper and plastic bags at most retail stores, encouraging others to use reusable bags. Stock photo

The legislators also worked alongside a Suffolk County plastic bag working group, which consists of local scientists, educators, environmentalists, business people and government employees.

“We have to curtail the use of plastic bags,” Krupski said. “They’re everywhere. I would encourage people not to pay the fee. It’s all just a matter of changing your habits and keeping a shopping bag in your vehicle to have it at the ready. It’ll take time for people to get used to that, but like anything else, people will get used to it.”

A 5 cent fee on plastic and paper bags was adopted in Washington, D.C., in 2010 and the accumulated nickels have contributed a total $10 million to the Anacostia River Clean Up and Protection Fund, as of 2015.

As mandated by New York State, however, the fees collected in this bill will be retained by the stores. Not being able to apply the collection to an environmental cause convinced a Democratic legislator not to support the law.

“That 5 cent charge should go back into the environment,” said Legislator Sarah Anker (D-Mount Sinai), who voted “No.” “Instead, the fees are going back into the pockets of the stores. The legislation needed work.”

Anker also said she received outcry from constituents over the concept of fees.

“A lot of the community, especially the senior population, did not want to pay extra for the plastic bags,” she said. “But I will say, plastic is a really harsh environmental pollutant.”

Spencer said he plans to revisit the legislation after a year to evaluate the financial impact it’s having and ask the state to allow funds to be used for environmental purposes.

“It would be great to do that, but only the state has that ability,” Spencer said. “The state may make that decision.”

Jay Peltz, general counsel and vice president of government relations at Food Industry Alliance, which represents 800 state supermarket chains, convenience stores and wholesalers, including Stop & Shop and King Kullen, which will be charging the fees, said it’s a current law where everybody wins.

“It will help the environment and it will help the stores,” he said. “It’s a thoughtful, productive law and is the only way to both reduce plastic bag distribution while incentivizing people to increase their use of reusable bags.”

He added that the fees may be used to help pay for higher minimum wages expected to be put in place in the coming year, but store owners are still weighing the options.


Survey: Shoppers still prefer plastic
By Desirée Keegan

A local survey conducted shows that just 5 percent of shoppers bring reusable bags.

The finding, coming ahead of a 2018 Suffolk County law banning the free use of plastic and paper bags at a vast majority of retail stores, was concluded after students from Northport, Brentwood, Huntington, Smithtown, East Islip and North Babylon, with member of St. Joseph’s College, surveyed 11,395 shoppers in November and December, in front of grocery stores, convenience stores and a pharmacies.

New Suffolk County environmental law prohibits plastic and paper bags in favor of eco-friendly reusable ones. Stock photo

The polling, organized by a county-created task force to help educate the public about the bill, found 71 percent of individuals use plastic bags, while the balance use paper, a combination, or no bag.

The survey will be repeated next year to analyze the effect of the law on consumer behavior, according to
Adrienne Esposito, executive director of the Citizens Campaign for the Environment. She said she hopes between 60 and 70 percent of residents are bringing reusable bags by next year.

“Reducing litter, marine pollution and saving our oceans are worth changing our habits,” Esposito said.

While plastic bags drew the ire of environmentalists and lawmakers, the law also requires stores to charge for paper bags, as well as thicker “reusable” plastic bags, to prevent stores from circumventing the law, Spencer said.

County Legislator William “Doc” Spencer (D-Centerport), the bill’s primary sponsor, said county residents should contact his office at 631-854-4500 for a reusable bag, especially if you cannot afford one.

“If you need a reusable bag, come see me,” Spencer said, adding he bought 1,000 reusable bags to give away.

Smithtown Supervisor Pat Vecchio surrounding by council members leading after his last town board meeting.

Smithtown residents crowded the town board meeting room to standing room only, trailing down the staircase, waiting patiently in line for one last chance to speak. The three-minute limit for public speakers forgotten, as they came to say farewell and thank you to Supervisor Patrick Vecchio (R).

Vecchio led his last town board meeting Dec. 12 marking the end of his 40 years in office.

“Supervisor Vecchio, today is certainly a historic occasion,” said Brad Harris, town historian and former councilman for 12 years. “You’ve been my supervisor for 40 years. That fact in itself is remarkable and historic as it makes you the longest serving supervisor in our town’s history, probably in the state, and probably in the nation … you’ve made Smithtown a model for others to follow.”

Many former town employees, former council members, politicians and residents could recall distinctly the first time they met Vecchio, some dating back to when he first took office in 1978.

“I met him 40 years ago when he was first running for election, I did not vote for him,” admitted Councilwoman Lynne Nowick (R-St. James). “I’m sorry I did not because the supervisor, along with the help of the town boards along the way, made this the best town in the United States.”

Suffolk County legislators Leslie Kennedy (R-Nesconset) and Rob Trotta (R-Fort Salonga) presented Vecchio with a county proclamation for his work.

“You have always done what you thought was right for the people,” Kennedy said. “I am proud you have been my supervisor. I know you will stay involved. I know you will put your two cents in at every opportunity you get and I am glad.”

“The best measure is: Did you leave the town better than those before you? The answer is absolutely yes.”

— Mike Fitzpatrick

Trotta noted that as the supervisor leaves office the Town of Smithtown is not in debt, but rather has a budgetary surplus.

“This town is in such good financial shape, it is all because of you,” he said. “You should be a model for every other town in the country, the nation, the state and certainly in this county.”

More than a few suggested to Vecchio if he was not interested in retiring, he could offer his services as a budgetary consultant to Suffolk County Executive Steve Bellone (D).

“Your service to Smithtown has been honorable and you are notoriously thrifty,” said Amy Fortunato, a Smithtown resident who campaigned unsuccessfully for a seat on town board this November.

Others lauded his focus on residents and tenacity in solving issues affecting Smithtown.

“Seniors are important and are often the forgotten ones,” said Rose Palazzolo, a St. James resident and president of the town’s Senior Center. “You have never forgotten the seniors.”

Even residents who found themselves at odds with Vecchio came forward to express their respect for his years of service.

“We didn’t always agree on things, in fact we disagreed a heck of a lot more than we agreed on things,” said Tony Tanzi, president of Kings Park Chamber of Commerce. “I always respected his opinion, and I know in my heart he always truly believed in what he was doing and put the town first.”

Tanzi noted that Vecchio would always be remembered as Mr. Supervisor.

Those who served on Smithtown town board over the years remembered Vecchio as a mentor with conviction.

“There are two figures in my life who have had the most influence in my political career, one of course is my father, and the other is you,” said state Assemblyman Mike Fitzpatrick (R-St. James).

“I want you to know that I have big shoes to fill, and I’m fully aware of that.”

— Ed Wehrheim

During his time in town office, Fitzpatrick said he recalls that the only victory he ever had against Vecchio on policies was the installation of a water slide at the pools in Smithtown Landing Country Club.

“The best measure is: Did you leave the town better than those before you?,” he said. “The answer is absolutely yes.”

Former town Councilwoman Pat Biancaniello laughed slightly, saying she never got a victory against Vecchio while in office but sometimes managed to get him to shift, or slide, opinions.

“Even though we’ve had differences and you didn’t take me from crayons to perfume, you took me from budgets to environment …” Biancaniello said, tearfully referencing the movie “To Sir, with Love.” “I want to thank you for how much you meant to me.”

Councilman Tom McCarthy (R-St. James) who served alongside Vecchio as deputy town supervisor, recalled making a $25 donation to his campaign for supervisor when he was only a town park employee.

“Thank you for allowing me to serve with you as a councilman for 20 years,” McCarthy said. “Thank you. I love you.”

Supervisor-elect and current Councilman Ed Wehrheim (R-Kings Park) beat Vecchio in the Republican primary in September, ending his 40-year reign, did wish him a fond retirement.

“I want you to know that I have big shoes to fill, and I’m fully aware of that,” Wehrheim said. “I intend to do my best to do that. It’s my hope you frequent town hall any time you want. Hopefully, you are a frequent visitor and take my calls when I need your guidance.”

This vacant parcel located at 1527 Main St. in Port Jefferson may soon be acquired by Port Jeff Village using eminent domain. Photo by Alex Petroski

Port Jefferson Village Mayor Margot Garant has repeatedly called the use of eminent domain “a tool in the village’s toolbox” in relation to its vision for upper Port Jeff revitalization, and as of last week, it appears the toolbox has been opened.

The village is set to acquire a parcel of land in upper Port using eminent domain, as it is looking to purchase vacant property at 1527 Main St. between Safe Harbor Title Agency and Tara Inn on the east side of Main Street, to then sell it to a developer. A diner used to occupy the space, though it has since been torn down. A public hearing was held on the matter Dec. 4, another requirement prior to proceeding with the acquisition of the land.

The parcel is currently owned by Jose Ramos, who purchased the premises for $260,000 in July 2013 with the hopes of building and operating a bakery, according to his attorney Steven Askinas of a Bay Shore-based law firm. Both men were present for the hearing before the village board. Askinas said Ramos was initially asked by the village to clear the property and start over, and he complied with the request. He was also asked for plans to include a second story with space for apartments, which he also complied with in his plans, so that the building would be adherent to the village’s greater revitalization plans.

In early 2016, Port Jefferson Village began taking tangible steps to improve the look and spur economic development of upper Port, the area of the village on Main Street between North Country Road and the Long Island Rail Road train tracks. A blight study was commissioned in May 2016, a requirement to qualify an area for an urban renewal plan by New York State general municipal law. Because the study concluded the cluster of parcels was indeed a blighted area, an urban renewal plan was adopted in October 2016, clearing the way for the village to impose eminent domain over property owners should an agreement not be reached for the village to purchase the property, or if owners do not comply with the village’s revitalization plans.

Askinas said his client has complied with everything the village asked, and still wants to build his bakery and remains willing to include apartments in his plans. During the hearing, trustee Bruce D’Abramo, who serves as the board’s liaison to the building and planning department, said Ramos never submitted a complete application regarding the property. Ramos has rejected offers to sell the property on the open market and from the village, following the commission of an appraisal of the property by the village, according to Village Attorney Brian Egan.

“The total amount to date that he has invested in this property is $380,000, approximately,” Askinas said. “He wants to put his bakery in. He’ll put apartments up top. If there’s a special design plan that is in keeping with the neighborhood or the neighborhood plan for development, he’s willing to do that. To take the property from somebody who’s willing to put into this area makes very little sense. I’m sure whatever the village is offering my client would not be fair recompense for what he has put in. It’s four years already he’s been trying to get this done. He has been doing whatever the village asked, and now to come back and say ‘see-yah,’ that’s not fair.”

Public comments can be submitted regarding the matter until Jan. 3, and the village concluded the hearing by asking Ramos to submit a completed application for the site within the 30-day period.

The village was awarded a $500,000 grant in February to be used on the area from Empire State Development, the state’s economic development arm, as part of the Restore New York Communities Initiative, which was created to support municipalities in rehabilitating blighted commercial properties. Garant also announced the state selected Port Jeff Village as a recipient for another $350,000 in grant money earmarked for improving the southern gateway to the village near the train tracks. She added the village is in the process of selecting master developers to begin working on the area of upper Port, which she said she expects to begin in early 2018.

Many of Port Jefferson’s buildings have a Victorian-era architectural style, but one trustee wants to establish the style as a standard for future construction. Photo by Alex Petroski

By Alex Petroski

A Port Jefferson Village trustee wants to look to the past for inspiration while visualizing future construction.

Village board member Bruce Miller publicly introduced a draft of a resolution Dec. 4 born out of a meeting of the Architectural Review Committee, which if passed would require new buildings in the village’s commercial districts both uptown and downtown to adhere to designs consistent with Port Jeff’s “Victorian, maritime heritage.”

“We have a village for which there are a lot of reasons for people to come to Port Jefferson, either to visit, to live or to establish a business, and we believe that the charm of the community is part of that,” Miller said during the meeting. “We feel that we would want to emphasize our strong points. Development has been somewhat haphazard in the past, and we have a number of architectural styles. The core architectural style is a Victorian style.”

Miller, one of three members of the architecture committee, was outspoken about the look of various construction projects already underway in the village in February.

“We have a village for which there are a lot of reasons for people to come to Port Jefferson, either to visit, to live or to establish a business, and we believe that the charm of the community is part of that.”

— Bruce Miller

“This is a Victorian village but we’re turning it into hodgepodge lodge here,” he said during a meeting. “There’s just no cohesion here.”

Miller admitted after reading the drafted resolution during the meeting he didn’t expect immediate action from the board on the matter, but rather to begin a conversation with the hope of a resolution similar to the one proposed eventually reaching the point of a board vote.

“We have a number of mixed styles that have been constructed over the years in the village, and we, the committee, feel that establishing a brand — establishing Port Jefferson as a Victorian, maritime village as far as image is concerned and architecture — is important and helpful,” he said. “Sometimes developers want to build things that are maybe in the style that they prefer. Maybe they want to build things that are just cheaper to construct. We feel that this resolution highlights some direction for the future in terms of what will be more attractive to bring people to Port Jefferson in terms of visiting, tourism and property values.”

The committee’s other two members also attended the meeting and voiced support for Miller’s resolution.

“Because of the recognized history of the Victorian architecture in Port Jefferson Village, and because I believe that upper Port and lower Port should be coordinated in that effort, I feel that trustee Miller’s suggestion has merit and I would appreciate some thoughtful consideration be given to that,” said Kathy Schiavone, a six-year member of the committee.

Jackie Mooney also spoke during the meeting, calling her committee member’s suggestion “a very good one.”

Heritage Open Days, England’s largest festival of history and culture established in the mid-1990s to increase appreciation for the country’s cultural assets according to its website, points out several architectural characteristics considered to be of Victorian style, including patterned bricks, terraces, stained glass, front porches and high towers with pointed roofs. Many homes in the village share the characteristics associated with Victorian-era architecture. Certain village events, like the Charles Dickens Festival, are even billed as odes to Victorian-era culture..

None of the other Port Jeff Village board members commented on Miller’s proposal during the meeting.

Stony Brook University professor Patrice Nganang has been detained in Cameroon. Photo from Stony Brook University's website

By Rita J. Egan

A Stony Brook University professor discovered firsthand the difference between freedom of speech in the United States and in the country of Cameroon in Central Africa.

On Dec. 6, Cameroon police detained writer, poet and professor Patrice Nganang as he was leaving the country for Zimbabwe at Douala International Airport, according to a press release from PEN America, an advocacy group that fights for writers’ rights to freedom of expression. The detainment came after the Cameroonian-native and U.S. citizen published an article on the website Jeune Afrique. In the piece in question, the professor was critical of Cameroon President Paul Biya’s administration’s approach to the ongoing instability in Anglophone regions of Cameroon.

Stony Brook University administration officials were notified of the detainment immediately, according to the university.

“Stony Brook University is aware of the situation, and we are working around the clock with the appropriate authorities and elected U.S. representatives to help facilitate the safe return of Professor Nganang,” university president Dr. Samuel L. Stanley Jr. said in a statement.

Nganang is one of a number of writers who recently have been questioned, detained or imprisoned by police in Cameroon after commenting unfavorably on political or human rights issues, according to PEN America.

“Detaining an important independent voice like Patrice Nganang, who has used his writing to investigate the consequences of violence, is indicative of a movement by the government to silence all political criticism and dismantle the right to free expression,” said Karin Deutsch Karlekar, PEN America director of Free Expression at Risk Programs. “We condemn Nganang’s detention and call on the Cameroonian authorities to release him unharmed immediately.”

According to writer Dibussi Tande, one of the administrators of the Facebook page, Free Patrice Nganang, on Dec. 11 a prosecutor postponed the decision to determine if there was enough evidence to proceed to trial until Dec. 13. On the same day, Nganang’s lawyer Emmanuel Simh was notified that the charge of contempt for the president was dropped. Tande said as of Dec. 11 the three remaining charges are for making a death threat against the president; forgery and use of forgery due to the professor having a Cameroonian passport despite being a U.S. citizen as the country does not recognize dual citizenship; and illegal immigration due to not having the proper papers as a U.S. citizen.

Tande said Nganang has been in isolation in the offices of the judicial police in Cameroon’s capital Yaoundé. A representative of the U.S. Embassy visited Nganang Dec. 11.

“This is essentially a political witch hunt by folks in government who want to punish him for his decade-long activism on behalf of democracy and the downtrodden in Cameroon,” Tande said. “However, with negative international attention that his arrest has brought on Cameroon, some elements in government think it would be better to simply expel him from Cameroon on grounds that he entered Cameroon illegally.”

Robert Harvey, a distinguished professor at SBU, said it was a relief when the contempt charge was dropped, and he remains hopeful. The embassy representative contacted him with a message from Nganang. He wanted his former students to know that he hasn’t forgotten about their letters of recommendation. Harvey said Nganang was on a leave of absence this semester to attend to family business in Zimbabwe.

“He’s a popular teacher,” Harvey said. “He’s impassioned; he’s effective.”

On his SBU profile page, the professor wrote that his intellectual work covers scholarly activities, writing and essayistic interventions.

“I investigate the diverse ramifications of violence, and I am particularly interested in what is commonly referred to as the ‘colonial archive’ (pictures, books, instruments),” Nganang’s profile said. “I have published and lectured extensively on this topic. I have also published on numerous topics related to postcolonial African literature, theaters and cultures.”

This article was updated Dec. 12 to include quotes from Free Patrice Nganang Facebook administrator Dibussi Tande and Dec. 13 to included quotes from SBU distinguished professor Robert Harvey.