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Photo by Joseph Cali

The decades-long proposal to electrify the Port Jefferson Branch line of the Long Island Rail Road is nearing yet another derailment.

The Metropolitan Transportation Authority, public owner of LIRR, is expected to unveil its 2025-2044 20-Year Needs Assessment in October. Larry Penner, a transportation analyst and former director for Federal Transit Administration Region 2, considered that document pivotal for the project’s future advancement. 

“If the project is not included in that 20-year document, then none of us are going to be alive to see electrification,” he said, adding pessimistically that electrification “is not on the radar screen” of senior MTA or state-level officials.

Requests for comment submitted to the press offices of the MTA, Gov. Kathy Hochul (D) and U.S. Congressman Nick LaLota (R-NY1) went unanswered.

A cry unheard

‘It’s appalling that they’re using diesel in this day and age.’

— Bruce Miller

Generations of North Shore residents and community leaders have called upon the MTA to electrify the Port Jeff line to no avail.

Town of Brookhaven Supervisor Ed Romaine (R) has been among Long Island’s loudest and most prominent proponents of electrification in recent years. In an interview with TBR News Media last summer, he said public investment has shifted away from the Island.

“Our voice has not been raised,” he said. “There hasn’t been an investment in providing modern technology” to this region.

Village of Port Jefferson Mayor Margot Garant voiced similar frustrations. According to her, a fully electrified rail would boost local and regional economies, expediting travel to Manhattan and between North Shore communities, namely transit to and from nearby powerhouse Stony Brook University.

The project “would incentivize people being able to take the train not only into Stony Brook but into the city in a really timely manner,” she said.

From an environmental perspective, former Port Jeff Village trustee Bruce Miller decried the existing railway infrastructure as “ludicrous.”

“It’s appalling that they’re using diesel in this day and age,” he said, adding, “Everyone is making every effort for green energy in all fields except for the MTA and the Long Island Rail Road.”

Illustration by Kyle Horne: kylehorneart.com @kylehorneart
Illustration by Kyle Horne: kylehorneart.com @kylehorneart

State legislators join the cause

Local leaders are not alone in their disappointment over the long delay. State Sen. Anthony Palumbo (R-New Suffolk) condemned what he considered an imbalance between the state taxes Long Island spends and the infrastructure dollars it gets from Albany.

“Long Islanders already contribute greatly to the MTA and deserve better access to more reliable and dependable rail service,” he said in an email, referring to Port Jefferson Branch electrification as a “critical project.”

At the western end of the branch, state Assemblyman Keith Brown (R-Northport), whose district includes travelers from Huntington, Greenlawn and Northport stations, expressed dismay over the state’s billowing budget yet few returns for North Shore residents. 

He noted the apparent contradiction between Albany’s green energy priorities and the MTA’s continued use of diesel locomotives, which are due for replacement in the coming years.

Referencing the 2019 Climate Leadership and Community Protection Act, which targets an 85% reduction in statewide greenhouse gas emissions from 1990 levels by 2050, Brown regarded the continued dependence upon diesel technology as inconsistent with state law.

“They can’t really replace the existing fleet with diesel trains,” he said. “At the same time they’re calling to stop the use of gas in homes, the MTA and LIRR can’t be purchasing diesel locomotives.”

The Empire State Passenger Association is a transit advocacy group that aims for improvements in public transportation services throughout New York state. ESPA president Gary Prophet said the passenger association has endorsed Port Jefferson Branch electrification over the years, referring to the project as necessary and justifiable given the volume of commuters along the line.

“That is a heavily used branch of the Long Island Rail Road that should be electrified,” he said. “It probably should have been electrified in the past, but it just hasn’t happened for a variety of reasons.”

A history of inaction

The original concept of Port Jeff line electrification dates back over half a century. However, planning began in earnest in the early 1970s when electrification of the North Shore line extended up to Huntington.

Derek Stadler, associate professor and web services librarian at LaGuardia Community College in Long Island City, has closely followed historical developments along the Port Jeff Branch. 

He attributes the failures to electrify the line to a combination of resistance from property owners near the tracks, engineering challenges, financial setbacks and bad luck.

“In the ‘80s, they had money set aside to start working on it though they hadn’t secured the funds to complete it,” he said. “Then in 1985, the president of the MTA postponed that indefinitely.” Stadler contends this was the closest the project ever was to moving forward.

In the ‘90s, the MTA launched a fleet of dual-mode locomotives which are still in use today. Despite the good intentions, Stadler maintains that this fleet has not adequately substituted for electric service. Given the high costs to repair and replace outdated train cars, Stadler regarded this effort as a poor long-term investment. 

“They have spent more money on that new fleet and repairing them than if they would have done the electrification way back in the ‘80s,” he said.

Prioritization problem

‘If I’m the MTA, I’m electrifying the East End before I electrify the North Shore.’

— Richard Murdocco

The current cost estimate of Port Jeff Branch electrification is $3.6 billion, though that figure will almost certainly climb. To secure these dollars, however, the North Shore is competing against other project proposals across Long Island and New York state.

Throughout LIRR’s history as a public railroad company, North Shore riders have lost out consistently to their inland counterparts traveling along the Ronkonkoma line. Richard Murdocco, adjunct professor in the Department of Political Science at SBU, chronicled this pattern, saying the pursuit of Port Jeff Branch electrification continues running up against the hard realities of the MTA’s prioritization scheme.

“The question is: Is electrification really the priority on the North Shore, or should you electrify east of Ronkonkoma?” Murdocco said. Given the spur of recent growth in Yaphank and new developments in the Town of Riverhead, he added, “If I’m the MTA, I’m electrifying the East End before I electrify the North Shore.”

Further hampering investment into the Port Jeff Branch is the topography along its route. Given the large hills and frequent bends, the flatter main line may win the day for its comparably simple engineering logistics.

Murdocco said the MTA could either electrify the Port Jeff Branch, which “meanders along the hilly terrain, or you get a straight shot through the Pine Barrens, where there’s already talk of them doing it, where they’re welcoming it and where there are no neighbors to disrupt.”

‘Suffolk County does not have the political clout that it used to.’

— Larry Penner

Political and financial distress

Penner claims the political and financial currents are also working against North Shore residents. Suffolk County’s state representatives are increasingly in the legislative minority in Albany, leaving mere “crumbs on the table” for infrastructure improvements.

“Suffolk County does not have the political clout that it used to,” he said.

Even so, the MTA is encountering a systemwide economic crisis from the COVID-19 pandemic, with daily ridership hovering around 65% from pre-pandemic levels. Murdocco insists that many of the labor trends unleashed by COVID-19 will likely linger indefinitely.

“There’s no denying remote work is here to stay,” the SBU adjunct professor said, adding, “We don’t know how long the ramifications of the pandemic will last.”

Meanwhile, the MTA is facing even greater fiscal strife over looming labor negotiations. With recent inflation, Penner said the agency could lose potentially hundreds of millions from renegotiated union contracts.

“All of this plays into the bigger picture of MTA’s overall health,” Penner said, which he considered dismal based on state Comptroller Thomas DiNapoli’s (D) most recent analysis. “They’re barely staying afloat maintaining existing service, systems and repairs,” the former FTA official added.

Penner, Stadler and Murdocco expressed collective pessimism about Port Jefferson Branch electrification getting underway within the next decade. “As of right now, I do not see this project happening within 10 years because I do not see a fiscal way for anyone to pay for it, given the MTA’s current financial status,” Murdocco said.

Looking for answers

Given the hefty $3.6 billion price tag, Miller proposed exploring alternatives to electric service. He cited examples in Germany, where zero-emission hydrogen-powered train cars recently went online.

“Hydrogen technology is new but they’ve developed it, and it’s working in Germany,” the former village trustee said. “I don’t think they’re exploring enough options here.”

But implementing high-tech propulsion technologies may be out of reach for the MTA, which uses a late 19th-century fuel source to power the Port Jeff line. When asked about these potential innovations, Brown expressed skepticism.

“As far as hydrogen is concerned, that’s all it is right now — experimental,” the state assemblyman said. Rather, he favored pursuing electrification in a piecemeal, station-by-station fashion, dispersing infrastructure funds for the project over several annual budgets.

Penner implored community members to adopt a policy of maximum pressure upon their elected representatives. 

“I wouldn’t give a dime to any elected official unless, with your campaign contribution, there’s a little note in your check [that says] you have to promise me that electrification of Port Jefferson will be your number one transportation priority,” he said.

Stadler emphasized executive support, arguing that several system expansions during the administration of former Gov. Nelson Rockefeller (R) were made possible by the chief executive’s commitment to seeing them through.

“A lot of money has to be budgeted for it,” he said. “State leaders have to be involved in it, and pressure from the governor” can be a reliable instrument.

To make the electrification dream a reality, Garant said all levels of government should pool their energies around this cause. “It’s certainly going to be a long-term plan for the region,” she said. “You need partners on every level, from the federal and state levels to the town and county.”

Prophet said megaprojects, such as the $11 billion East Side Access extension into Grand Central Madison, have taken up much of the political and economic capital in New York state.

“I think there’s a lot of emphasis on large projects that make a big splash,” the passenger association president said. “Politicians need to spend a little more time on smaller projects that may not make a big splash but may help commuters and people looking to travel between cities.”

Setting the stakes, Penner returned to the 20-year capital needs assessment. He equated the North Shore’s present predicament to a baseball game.

“You’re in the ninth inning with two outs,” he said. “The last at-bat is the 2025-2044 20-year capital needs assessment.” He concluded by saying, “If this project is not included in that document, then the ball game is over.”

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File photo by Elana Glowatz

During a public meeting on Monday, Feb. 6, Village of Port Jefferson Mayor Margot Garant announced her retirement from public service. Her 14 years of uninterrupted tenure presiding over the village government will come to its conclusion this June.

“We’re going to give the community back to the residents,” Garant told a group of supporters the night of her first election win in 2009.

Six successful races later, Garant has been at the seat of power longer than any other in the village’s nearly 60-year history. And during that window, the village has undergone considerable change.

Garant’s mother, Jeanne, served three terms as mayor starting in 1999 through 2005. Unlike her mother, who had previously sat on the village Board of Trustees, Margot Garant was a first-time elected official upon entering the mayor’s office.

For over eight years, Garant’s administration engaged in a widely publicized legal battle with the Long Island Power Authority over the assessed valuation and property tax bill on the Port Jefferson Power Station. The tax grievance case was settled in 2018. 

Colloquially known as the glide path, the village and LIPA agreed to an eight-year phasing out of the public utility’s local tax contribution, with a 50% reduction in revenue by 2027.

Known for her ambitious building philosophy, Garant facilitated the construction of numerous projects, including large-scale developments along Port Jeff Harbor and near the train station. 

The development of Upper Port has been a core tenet of her administration. The seven-term incumbent also advanced the envisioned Six Acre Park along Highlands Boulevard, with plans in place to preserve that last remaining tract of undeveloped land as open space.

Garant’s boards have been forced to confront the crippling effects of coastal erosion at East Beach, which presently endangers the Port Jefferson Country Club’s catering facility at the edge of the bluff. 

Construction is currently ongoing for a toe wall at the base of the cliff. Most recently, Garant announced the injection of federal funding to subsidize the upland phase of the bluff stabilization initiative. Controversially, village residents have not had input on these investments through voter referendum.

Outlining why she will not seek reelection, she told the group assembled at Village Hall that her decision to step down was motivated by a desire to let others into the political process. Leaving public life, she reiterated her message delivered 14 years ago.

“It’s not about me, it’s about this community,” she told the audience. “This community is yours, and it’s always been in your hands. I couldn’t have done my job without you.”

The race to fill Garant’s seat is now underway, with candidate announcements expected in the days and weeks ahead. Village elections will take place Tuesday, June 20.

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Suffolk County Police Officer Glen Ciano. File Photo.

Suffolk County Executive Steve Bellone, Suffolk County Police Commissioner Rodney K. Harrison and Commack Fire District Commissioner Pat Fazio joined Susan Ciano, widow of Suffolk County Police Officer Glen Ciano, and representatives from New York Blood Center during a press conference on February 3 at the Commack Fire Department to announce the 13th annual blood drive named in memory of Officer Ciano on Saturday, Feb. 4.  

 There has been a chronic shortage of blood supplies in New York since the pandemic and blood supplies remain below the ideal five-day safety level. Types O-, O+, B-, and A- continue to hover at less than two-day levels.  

The annual event is held in honor of Officer Ciano, who was responding to a call when he was killed by a drunk driver in Commack on February 22, 2009.  

 The blood drive will be held at the Commack Fire Department, located at 6309 Jericho Turnpike in Commack, on February 4 from 8 a.m. to 5 p.m.  For more information, call 631-499-6690.

 

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Port Jefferson Station/Terryville Civic Association vice president Sal Pitti (left) and president Ed Garboski are set to step down before the end this year. File photo by Raymond Janis

The Port Jefferson Station/Terryville Civic Association is working through an executive transition process that has sparked criticism within the organization.

During an October general meeting, PJSTCA president Ed Garboski and vice president Sal Pitti announced they had each sold their homes. This announcement prompted internal discussion about transitioning the two highest posts.

Under PJSTCA bylaws, Garboski and Pitti were no longer members in good standing. In the same meeting, the body passed a resolution allowing Garboski and Pitti to stay on until the end of 2023.

With talks of transition underway, some members are butting heads with leaders and a clash of organizational vision has ensued. [See story, “PJS/T civic association announces big changes for community and civic,” The Port Times Record, Jan. 26, also TBR News Media website.]

Representing local interests

PJSTCA represents the residents of the 11776 zip code and Comsewogue School District. The civic coordinates frequently with various community and governmental entities.

Garboski regarded serving as president to be a serious time commitment. “People don’t realize the amount of time you put into this and the sacrifice you put into this,” he said. “It’s a lot of work.”

Pitti maintained that holding executive office requires a degree of tact and an ability to give and take throughout negotiations. “If your opinion is set before you enter any kind of negotiation or discussion … it’s a dead-end road,” he said. “Government officials are going to shut down. They’re not going to want to deal with you.”

Raising the stakes even higher, civic member Ira Costell described the numerous ongoing changes within the hamlet. “We in Port Jeff Station are facing a significant accumulation of development pressures that really are going to dictate the future face of our community,” he said, regarding the civic’s leaders as having “some significant opportunities to shape the face of our area.” 

Joan Nickeson, a Terryville resident who has recently rejoined the civic and is involved in several other groups throughout the community, discussed the role the civic association plays in local decision-making. 

“Unfortunately, the electeds have just a handful of groups that they can tap into to try to get a feel” of the public will, Nickeson said. “This civic association is small, but it’s the go-to place for a lot of the electeds.”

Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook), who represents Port Jeff Station/Terryville on the Town Board, supported this claim and indicated that his office coordinates closely with the civic.

“People from that civic association are people who know, collectively, every street, every store, every need of the community, as well as every challenge that they face,” Kornreich said. “In order for me to make land use decisions, I need to be able to consult with them closely and frequently, which I do.”

Gradual vs. swift succession

Two competing approaches have emerged amid the coming changes to the executive board and greater community. On the one hand, some seek urgency to allow for continuity of operation following Garboski and Pitti’s departures. On the other hand, the current leaders favor a gradual approach to give time to train their successors.

Garboski and Pitti’s original plan was one of incremental transition. They preferred holding a special election in the summer, allowing the incoming leaders to shadow them and gain relevant experience on the job.

“What I had called for originally was that we would have a special election around July or August so that we could get people that are interested,” Garboski said. “Those people, we would take under our wing and bring them up to speed on everything that’s going on.”

Pitti suggested this slower transition process could enable the incumbents to show the newcomers the ropes, instructing them on the delicate art of back-and-forth local deliberations. 

Affirming the time it takes to learn these strategies, he suggested a rush to replace the current officers could be detrimental to the organization in the long run.

“Hopefully, if we have some members that are interested, we could slowly transition them into the position,” he said. “A lot of the things we do take time. But we manage to come to a compromise in that time that makes the majority of people happy.”

While Garboski and Pitti expressed willingness to stay on the executive board, Costell challenged whether this was the right course of action. With neither the president nor vice president in good standing, according to the bylaws, “it just didn’t seem a viable way to proceed,” Costell said.

He instead favored speeding up the process, which he said could generate interest in serving and incentivize possible successors to announce their candidacies sooner. “I just figured let’s start the ball rolling with this nominating process and see if anybody comes forward,” he said.

A nominating committee

The bylaws empower the president to appoint three to five members to serve on a nominating committee for executive board elections. On Tuesday, Jan. 24, the members voted to create a nominating committee, with prospective officers to be announced at the next meeting.

As Garboski organizes the nominating committee, Pitti offered that he hopes to see some candidates step forward who understand the stakes and are sensitive to the responsibilities of the position. 

“I’m hoping we get somebody that’s looking to do the job and do it correctly,” he said. “That all comes down to who the membership votes for.”

The committee’s composition and the timeframe for a special election are still to be decided, according to Garboski. However, no member has declared his or her candidacy to date.

“Nobody’s saying they want the job, but they’re saying they want an election,” the civic president said. “Let’s see who gets nominated.”

Parting of the ways

Costell stated that his objections to Garboski and Pitti’s proposed transition are grounded in principles rather than personal considerations. 

“I’m a stickler for principles above personality,” he said. “This has got nothing to do with Ed and Sal individually. They’re both fine gentlemen who have given good service to the community.” 

But, he added, “It’s my belief that the principle is that we need to be represented by those members of the community who are likely to be ongoing and consistently present in the community and who can shepherd these projects through in the long term.”

Kornreich also complimented the outgoing leaders on their time serving the community. “I think that Sal and Ed’s leadership style has always been very inclusive,” he said.

Both Garboski and Pitti acknowledged the considerable efforts that go into representing the civic on the executive board. Given the time constraints, Garboski offered that his successor would have a tall task ahead.

“I said we would have a special election, that I said in October when we announced all of this,” Garboski said. “But if they want to have a regular election and get us out sooner, that’s fine.”

He reiterated, “I think we should have waited and had a special election later in the year, so we have time to get some good candidates for the job.”

Even so, Pitti expressed his desire to see the civic and community head along the right course.

“Am I a little discouraged that it’s ending like this?” he said. “Yes, because I thought we built a better camaraderie within the civic,” adding, “I just hope the community continues to move forward. As long as it’s moving in a positive direction, I’ll be happy.”

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METRO photo

By Nancy Burner, Esq.

Nancy Burner, Esq.

Each year, the Department of Health will release updated resource and income levels for the  Medicaid program. This year there has been a significant increase. Beginning January 1, 2023,  New York State will be increasing the asset limits for community and nursing home Medicaid and income limits for community Medicaid. 

For both community (home health aides) and chronic (nursing home) Medicaid, the available  asset limit for 2023 is being increased to $28,133 for an individual applicant (the former asset  limit for 2022 was $16,800) and $37,902 for a married couple (up from $24,600), allowing  Medicaid applicants to retain significantly more assets and still be eligible for Medicaid.  

The income limit for community Medicaid applicants is being increased from $934/month to  $1,563/month for individual applicants and for married couples the income limit is being  increased from $1,367/month to $2,106/month. There is an additional $20.00 disregard that  can be added to each allowance; therefore, the total of income allowance for an individual  applying for Medicaid can have $1,583/month and married couples can have $2,126.00. 

Under  this program, any excess income can be directed to a Pooled Income Trust for the benefit of  the Medicaid applicant and the monies deposited into the trust can be used to pay the  household expenses of the Medicaid applicant. In New York, all Pooled Income Trust are  managed by charitable organizations. It is important to use the monies in the Pooled Income Trust because when the applicant passes away, the balance goes to the charity.  

As for nursing home Medicaid applicants, the monthly income limit will continue to be $50, but the income limit for the non-institutionalized spouse is being increased to $3,715/month.  Additionally, federal guidelines permit community spouses to retain up to $148,620 in assets plus a primary residence with a maximum value of $1,033,000. 

Even if the community  souse has assets and income over the threshold, New York’s spousal refusal provisions provide even more protection in that a community spouse can elect to sign a document  which allows them to retain assets in any amount, including assets which were previously in the name of the spouse that requires care in a nursing facility. 

Individuals applying for Medicaid benefits after January 1, 2023, should apply based on the  asset and income limits discussed above. For those individuals who are already receiving  community Medicaid and are using a pooled trust for their excess monthly income, your  monthly budget/spend-down will remain the same until you recertify, at which time the  increased income limits will be applied. 

However, starting in January 2023 Medicaid  recipients may ask their local Medicaid office to re-budget their spend-down based on the  new income limits before their next renewal, enabling community Medicaid recipients to  keep more of their monthly income sooner. It is advisable to consult an elder law attorney  in your area to determine if a re-budget is appropriate in your case.  

While the asset allowance has been increased, keep in mind that the five-year look-back  period for nursing home Medicaid still applies, which means that any transfer of assets made  within this period for below market value will incur a penalty period and Medicaid coverage  will commence only after the penalty period has elapsed. Typically, there is always  Medicaid planning that can be accomplished even if the individual immediately needs  Medicaid coverage and has done no pre-planning. 

*Please note, the income and assets are based on the 2022 Poverty Level. This is subject to  change based on the 2023 Poverty Level. 

Nancy Burner, Esq. is the founder and managing partner at Burner Law Group, P.C with offices located in East Setauket, Westhampton Beach, New York City and East Hampton.

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Suffolk County Executive Steve Bellone (D), center, signed legislation Jan. 27 to provide Smithtown with an additional $5.4 million for the Kings Park Business Sewer District Project. Town Supervisor Ed Wehrheim, left, and Tony Tanzi from the Kings Park Chamber of Commerce were on hand for the signing. Photo from Steve Bellone's office

The Town of Smithtown received good news Jan. 27.

Suffolk County Executive Steve Bellone And Smithtown Supervisor Ed Wehrheim. Photo from Bellone’s office

Suffolk County Executive Steve Bellone (D) signed legislation last Friday to provide the town with an additional $5.4 million for the Kings Park Business Sewer District Project. A press conference took place in the hamlet’s Svatt Square to mark the occasion.

The funding is possible due to money the county received through the American Rescue Plan Act of 2021 signed by President Joe Biden (D).

Smithtown Supervisor Ed Wehrheim (R) and Town Board members, with Kings Park Chamber of Commerce and KP Civic Association representatives, joined state and county elected officials as well as Bellone and Deputy County Executive Peter Scully, for the announcement and signing.

Scully said the project initially was made possible by a $20 million state transformative program grant in 2014. With rising construction costs, expenses have increased for the project.

With the additional $5.4 million from the county, contracts were awarded to Holbrook-based G&M Earth Moving, ALAC Contracting Corp. in West Babylon and Amityville-based L.E.B. Electric. 

Bellone called it “a great day” and thanked Wehrheim.

“This doesn’t happen without his leadership here and the Town Board,” the county executive said.

He also thanked county and state officials for working together in a bipartisan manner and the community, which he said is critical to working on projects such as this.

“A significant step forward in any community, in any way, is not possible without the work and the support of residents and the businesses in the community,” he said.

Bellone said sewers would be coming to Kings Park this year. He added construction would break ground in the coming weeks, and there would be community meetings to lay out the construction schedules and paperwork will be finalized. 

“Make no mistake, the contracts have been awarded, the project is happening now,” he said.

Pipes will connect sewers to the Kings Park treatment plant located on the property of the former psychiatric hospital.

Bellone said the project “highlights how much more we need to do” regarding improving water quality on the Island. He added about 360,000 homes in the region are operating on old septic and cesspool systems.

“We have to address this issue in a way that is affordable for homeowners,” Bellone said. “That burden cannot be placed on them.” 

He added investments in wastewater infrastructure are critical for a prosperous economic future.

With other Suffolk County areas needing sewer systems, including St. James, Bellone said, “This represents what we need to be doing all across the county.”

Wehrheim echoed Bellone’s sentiment that the project was a team effort, and he thanked the members of all levels of government and the chamber, civic and community.

“Without the cooperation and all working together, things like this will never come to fruition,” Wehrheim said.

The supervisor, who is a native of Kings Park, said he was proud “of what we’ve done here,” adding, “The future is bright for the Town of Smithtown as far as economic development goes, economic success and, especially just as important, environmental issues to clean up waters.” 

Tony Tanzi, president of KP Chamber of Commerce, said, “Some would say we’re at the end of the road. Personally, I think this is the beginning of the road.”

He added he believes Kings Park will soon resemble the robust downtown it was decades ago.

“When you take politics out of it, we can all work together — and that’s the beautiful thing,” Tanzi said.

 

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Head of the Harbor resident Lisa Davidson is in the process of gathering signatures to run for village trustee. Photo from Lisa Davidson

Rallying against a proposed private dock has given one Head of the Harbor resident inspiration to run for village trustee.

Head of the Harbor resident Lisa Davidson is in the process of gathering signatures to run for village trustee. Photo from Lisa Davidson

Last year, Lisa Davidson and her neighbors were busy fighting the proposed construction of an 186-foot private dock on Swan Place in Nissequogue, which, if approved, would have been right next to Cordwood Park and Head of the Harbor.

Now, Davidson aims to collect 51 signatures by Feb. 14 to run for trustee in March. Two trustee seats will be open during the March 21 election as Daniel White and Jeff Fischer are up for reelection.

Not one to sit on the sidelines, Davidson said, “Just complaining accomplishes nothing.”

A village resident for more than two years, she immediately fell in love with Head of the Harbor. During her short time living on Long Island, Davidson said she has been a representative on the village’s Joint Village Coastal Management Commission, a Suffolk County polling inspector and a volunteer with Island Harvest food bank.

The wife and mother, who recently became a grandmother, was born in Los Angeles, and raised her two sons in New York City. An alum of UCLA, her professional career includes working as a business reporter with the Los Angeles Times and a field producer with Fox News. She has also worked for the National Geographic Society. Currently she is a consultant for those looking to produce their own television projects.

She said in addition to living in places such as California and New York City, her work as a print journalist, news and television producer took her around the world, which Davidson said has given her even more appreciation for her current hometown. She added Stony Brook Harbor, the village’s “tree-lined streets, and the views from Cordwood Park rival them all.”

The trustee-hopeful explained her run all comes down to preserving the rustic charm of Head of the Harbor. 

“It’s human nature when you’re exposed to something of beauty, you take it for granted instead of realizing, ‘Wow, this is so special,’” she said.

Last year her love for the village inspired her to help gather signatures for a petition, organize a rally at Cordwood Park and attend Nissequogue Village Planning Board meetings multiple times to speak out when the private dock on Swan Place was proposed. The board denied the owner’s request at the beginning of this year.

She and others collected 787 signatures on the petition to oppose the structure.

“It was really clear that the community did not want that dock,” she said.

An Aug. 27 rally at Cordwood Park, organized by Davidson, drew environmentalists such as former state Assemblyman Steve Englebright (D-Setauket); Kevin McAllister, founder and president of Defend H2O; and John Turner, conservation chair of Four Harbors Audubon Society. 

Ralliers listed issues with private docks in the area, such as the shallowness of the water in the area. The Department of Environmental Conservation requires docks stand in 3 1/2 feet of water even at low tide. The length of the proposed Swan Place dock would have obstructed residents’ view of Stony Brook Harbor and restrict access to those walking along the beach or using their kayaks and canoes in the water. A dock would also adversely affect birds, turtles, flora and fauna as well as the water quality.

Another concern of Davidson and others was that if the village allowed one to be built, others would follow. 

“If that one dock would have been allowed, he’d be representing every single person on this harbor, who wanted a dock demanding that, ‘Well, you let that one in, you have to let this other one,’” she said.

According to Davidson, another issue is that while an owner may own their land, they do not own the water. If a dock were allowed, she said, it would be the private taking of public land.

“If it was somewhere else on the harbor, it wouldn’t have been so catastrophic to the community,” she said. “That dock was going to take public land that was used all the time and make it private.”

“Let’s figure out how this can work for everybody, and that’s what I would like to do in general.”

— Lisa Davidson

Davidson said it’s vital for the villages to follow the Local Water Revitalization Program when making decisions regarding coastal management, something she said some seem to have forgotten.

She added that another one of her concerns is the budget as the village has started to spend its reserve, and she would like to see more transparency in the village, as she believes many residents don’t know the trustees’ decisions before they finalize them. Davidson said updating the village’s website and the return of the newsletter would help the trustees communicate better.

Many residents have also asked for the Hitherbrook Road extension, where kayaks were once launched, to be restored for use. Currently there are boulders there, because in the past a few drivers were known to have driven down the dirt road and wind upin the harbor at low tide and thenbe stuck. She said there has to be a solution to allow people to use their kayaks there once again but also be safe.

“There’s no listening,” she said. “Let’s figure out how this can work for everybody, and that’s what I would like to do in general.”

Like many in the village, Davidson has also been keeping an eye on the Gyrodyne property on Route 25A, right outside of the village, and its possible development in the future. In the past, the owners have talked about the possibility of developers constructing a hotel and assisted living facility. She said, “The village and its residents have made it really clear — they want to preserve our historic corridor and open spaces because once we allow development we’ve lost those assets forever.”

Davidson added she supports Head of the Harbor Mayor Douglas Dahlgard’s plea to preserve the entire property as a park.

“Short of that, the compromise plan, whereby half remains as open space and half is developed, is acceptable to the community,” she said. “Unfortunately, we now have another threat to that area as Albany is seeking land on which to build affordable housing. Whether it’s housing or a hotel, the streets cannot handle the additional traffic those would bring so we have a real challenge ahead of us.”

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The Suffolk County School Bus Safety Program has drawn criticism from Republicans within the county government. Stock photo

The Suffolk County School Bus Safety Program has drawn scrutiny from Republican county officials targeting the program for alleged mismanagement.

Enacted unanimously by the county Legislature in 2021, this traffic safety program uses cameras attached near the stop arm of school buses to enforce the New York Vehicle and Traffic Law. The county has partnered with Virginia-based BusPatrol to operate the program.

Under state law, offenders caught passing buses while the stop arm is extended receive a $250 fine. The county code states, “net proceeds of any penalty … shall be expended for programs related to improving traffic safety and/or school district safety in Suffolk County.”

County Comptroller John Kennedy Jr. (R) recently announced his office is conducting an audit of the School Bus Safety program. He stated the program had captured his attention when numerous residents complained about receiving potentially erroneous violations.

“My interest in any program is always that a program is being operated as the laws that adopted it … sought to have it operate,” Kennedy said. “How is the revenue that’s being collected from the program being allocated? Is it being done under the terms of the contract? Is the vendor fulfilling all of their requirements?” 

He added, “That’s the audit function, and it is universal across the board.”

Legislative purpose

Marykate Guilfoyle, a spokesperson for Suffolk County Executive Steve Bellone (D), summarized the motive for developing the program in the first place.

“The goal of the School Bus Safety program is to protect children as they get on and off the bus and to reduce the number of drivers illegally passing stopped school buses, which endangers the lives of students,” Guilfoyle said in an email. “The program is completely violator funded, and county proceeds are used to support public safety, traffic safety and school safety initiatives.”

County Legislator Kara Hahn (D-Setauket) defended the School Bus Safety program. She said her office’s most frequent complaints are related to roadway safety and other traffic concerns.

“Red light cameras and school bus cameras are a way to prevent death and injuries without needing a paid police officer at every intersection and following every bus,” she said. “It’s a very efficient way for providing the consequence for breaking the rules of the road.”

Before the program took effect, Hahn added, few violators ever got caught. Today, they receive a fine, incentivizing better roadway behavior and creating a safer traffic environment.

“Now people have to change their behavior to no longer do the illegal action that puts people’s lives at risk,” the county legislator said. 

Questions over potential misapplication

County Legislator Rob Trotta (R-Fort Salonga) said the School Bus Safety program is one of the few measures for which he wishes he could rescind his “yes” vote. He said the Legislature was misled when the program was pitched.

Figures obtained by Trotta indicate the program grossed $23 million last year, with $13 million retained by the county and the outstanding $10 million collected by the vendor. Kennedy estimated the county government netted approximately $11 million.

“We don’t have all the net revenue,” Kennedy said. “That’s been another consequence of the hack” against the county government in September. For more on this ransomware event, see story, “Suffolk County cyberattack offers a window into the dangers of the digital age,” Nov. 17, also TBR News Media website.

By statute, the net proceeds generated by the School Bus Safety program must support various educational programs related to school bus and traffic safety. Asked how the revenue is being spent, an administration official said the 2022 revenue figures are still being finalized.

Guilfoyle, however, cited specific examples of how the revenue supports countywide traffic education initiatives: “Examples of the county’s efforts include dedicating more than $1 million to school districts and $125,000 in [public service announcements] during the back-to-school months to educate drivers on the state law surrounding stopping for buses.”

Trotta viewed the school bus program as a lucrative moneymaker for the county and vendor rather than a measure promoting bus safety. He said the law is applied unfairly, ticketing busy multilane corridors in the same manner as residential neighborhoods.

“I’ve checked with all the school districts, and kids aren’t crossing major thoroughfares,” Trotta said. “I’m all for giving a ticket to someone who passes a school bus on a residential avenue because it’s dangerous. I’m not at all for 1,000 people on Jericho Turnpike getting tickets.”

While the county code imposes rigid reporting requirements regarding expenditures of revenues generated from the program, Kennedy said he has yet to see any reports to date.

Competing perspectives

Following an initial spike when programs such as this are first instituted, Hahn said offenses start to wane “because people begin to change their behaviors — they stop at red lights because they’re afraid of getting a ticket.” 

In time, the legislator added, drivers throughout Suffolk “will no longer go around stopped school buses,” but “if they choose to break the law, they will get tickets.”

Trotta said he is pushing to repeal the School Bus Safety program altogether. “The reality is it’s a sham, and it’s not what we were told it was going to be,” he said.

While Kennedy acknowledged the importance of traffic safety, he held that the audit is to determine whether the program is administered correctly.

“I never want to see somebody blowing a stopped school bus sign — it’s just heinous,” the county comptroller said. “But if [the program] is not being operated in a fair and proper and consistent manner by the school bus drivers and the vendor … then it’s a problem.”

Kennedy expects the audit to be finalized by the second quarter of 2023.

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Graphic from CSD website

The New York State Education Department is cracking down on Native American mascots in schools, and Comsewogue School District is now in its sights.

In a Nov. 17 letter sent out to districts across the state, NYSED senior deputy commissioner James Baldwin alerted school administrators that using Native American mascots, team names or imagery is prohibited “without current approval from a recognized tribe.” 

Districts failing to meet these standards, Baldwin wrote, “may be in willful violation of the Dignity [for All Students] Act.” The penalty for violators could “include the removal of school officers and the withdrawal of state aid.”

Facing the threat of losing state aid, CSD officials will have to work against the clock. NYSED is placing a deadline on school districts, ordering them to retire these mascots before the end of the 2022-23 school year.

The Education Department is developing new regulations to clarify its policy, with a release date anticipated sometime in April. Until then, New York school districts remain in limbo.

Jennifer Quinn, superintendent of schools at Comsewogue School District, said the district would not make any policy determinations until NYSED releases its detailed guidelines. 

“There are so many question marks,” she said. “Until we see the actual regulations, we’re kind of playing a guessing game.”

While school districts statewide undergo significant changes in the coming months, certain characteristics may set Comsewogue apart from the pack.

Emblazoned at the center of the high school’s turf field is a district logo containing Native American imagery. Photo from Google Maps

Historical background

Before Europeans had ever stepped foot on Long Island, from present day St. James to Wading River and as far south as Gordon Heights, the Setalcott Nation once inhabited the lands. Within that territory lies Port Jefferson Station/Terryville, an area known to the Setalcotts as Comsewogue, meaning “place where paths come together.” 

The Terryville-Comsewogue School District was formed in 1874, and the senior high school opened nearly a century later in 1971. The school district has prominently showcased its precolonial heritage along with its name. 

One district emblem contains the initials “CSD” with a feather draped over its side. Another logo displays a visually striking profile depicting a Setalcott. This logo is etched ubiquitously throughout the district’s website, school walls and at the center of the high school’s turf athletic field. Sports teams are called “the Warriors.”

Setalcott reaction

Helen Sells is president of the Setalcott Native American Council. In an interview, she said she is personally not offended by the use of Setalcott images and references in Comsewogue schools. Sells referred to the term “warrior” as a distinction among her ancestors. 

“It was an honor for our men, and some of the women, to serve for our country and for the freedoms of all,” she said. “The men were considered warriors because they had to go out and hunt for food and hold the community together.”

Asked whether Comsewogue School District should continue using Setalcott mascots, team names and imagery, Sells responded affirmatively. “To me, it’s important as a family to try to keep that history going,” she said.

Whether this response constitutes “current approval from a recognized tribe” is still to be determined. NYSED declined to comment for this story.

Debating mascots, logos and team names

‘The state takes the approach that one size fits all. They’re not looking into every local district.’ ­

— Ed Flood

New York State Assemblyman Ed Flood (R-Port Jefferson), whose 4th Assembly District encompasses CSD, said the state has more pressing educational concerns than deciding mascots and team names.

“There’s so much wrong in education right now,” he said. “I think our kids — I see it in my own children being out of the classroom for so long — are kind of behind,” adding, “We have bigger problems to fix.”

A Comsewogue alum, Flood held that the logos and team name were not intended to deride Native Americans. “It’s not used in any way to be offensive,” he said. “Comsewogue is a pretty diverse district with people of all races and ethnicities. We were all proud to put on that jersey, and we understood what it represented.”

Flood’s predecessor in the state Assembly, Steve Englebright (D-Setauket), offered that ethical dilemmas often require moderation and restraint by decision-makers. He cited the example of the U.S. Army renaming bases that had honored former Confederates.

“I believe the model for what should be done is probably the way that the U.S. Army has approached the question of renaming military bases,” Englebright said. “The approach was to set up — two, I believe — study commissions and to give thoughtful consideration if there is a controversy.” He added, “I’m not sure there is a controversy here.”

State aid conundrum

Debates surrounding state contributions to public education have been ongoing for over a century and a half, said Campbell Scribner, assistant professor of education at the University of Maryland College of Education in College Park. 

In an interview, he traced the historical trends of public education in the United States, highlighting the complexities surrounding state aid.

“One of the ambiguities or tensions in American education is that, constitutionally, there has never been a federal right to education, but there is a state right,” he said. “Since at least the Civil War, all state constitutions make provisions for public education.” 

However, until the early to mid-20th century, state funding lagged behind local contributions. “Although states have a constitutional obligation to provide education, they didn’t fund it very well,” Scribner said.

Without organized state bureaucracies or state income tax, school districts generated revenue primarily through local property taxes. This model offered considerable local autonomy in setting curricula and other districtwide standards.

‘States have taken a much more robust posture. They’ve taken more interest in what’s happening locally.’ ­

— Campbell Scribner

Invoking social reforms

The dynamic between states and school boards changed as state aid began to comprise a heftier chunk of school districts’ overall budgets. With the injection of state funds, Scribner suggests power has shifted away from local school officials and into the hands of state bureaucrats. 

“States have taken a much more robust posture,” Scribner said, adding, “They’ve taken more interest in what’s happening locally.”

With more say over budgeting, states have found leverage in setting curricula and social standards within school districts. Moreover, the threat of revoking state aid can be an effective instrument.

Despite the state’s newfound power, this approach has limits: “The state certainly does not want to come across as coercive,” Scribner said. “I don’t think it’s going to help state legislators to look like they’re bullying local school boards or denying children education.”

“But on the other hand,” he added, “I don’t think, legally, the school boards have the sort of rights they might assume they do or the same prerogative against the states.”

Native American imagery

‘There’s a long history of European settlers appropriating Native American imagery.’ ­

— Andrew Newman

Within the scope of national and statewide politics, CSD is caught in a much broader web over the role of Native American imagery.

Andrew Newman is a professor and chair in the English Department at Stony Brook University whose research focuses on the intersection of early American, indigenous and media studies. 

Newman shared that Native American imagery within popular culture is a centuries-old practice dating back to the 18th century.

“There’s a long history of European settlers appropriating Native American imagery,” he said. “There was an idea of Native Americans as being sort of tied to the land, athletic, representing this kind of uncivilized masculinity that was very attractive to the mainstream white culture.”

He added, “This phenomenon was referred to by the scholar Philip Deloria, in a book [of the same title] from 1998, as ‘Playing Indian.’”

Newman maintained that these portrayals often negatively affect self-perceptions within Native American communities, adding that such caricatures can minimize historical injustices.

The movement away from Native American mascots and team names has gradually developed within public education and professional sports. After years of resistance, the former Washington Redskins football and Cleveland Indians baseball franchises have finally changed their team names to more neutral identifiers, respectively the Commanders and Guardians.

Newman said mascots, team names and imagery can be hard to do away with because of the strong emotional ties these symbols can produce. This effect is especially prevalent within schools. 

“The students and families and communities that are associated with these schools are kind of attached to the school’s traditions,” the SBU professor said. “They’re hard to give up.”

Veneration vs. denigration

The debate over the use of Native American mascots surrounds two main arguments, according to Newman. On the one hand, proponents say these images glorify indigenous heritage and tradition. On the other, detractors view them as derogatory and offensive to Native Americans. 

Reflecting upon the function of public education, Newman noted the apparent contradiction between the mission to educate about local history while potentially alienating a segment of the local population.

“Especially in educational institutions, where presumably part of the mission is to educate the students about the local history, I don’t think that educational mission is compatible with the use of a Native American-themed mascot,” the SBU professor said.

‘When we do make our plan, we are very mindful of including every stakeholder.’ ­

— Jennifer Quinn

An opportunity for dialogue

Assessing NYSED’s approach, Flood suggested Albany is applying a blanket policy to a multifaceted issue. He contended the state government is neither informed of Comsewogue’s historical circumstances nor sensitive to the variations between tribes across Long Island.

“The state takes the approach that one size fits all,” the assemblyman said. “They’re not looking into every local district.”

While pressure comes down from Albany, Scribner said schools are uniquely suited to answer these moral questions through their abundant channels for local input.

“School politics remain one of the strongest and most accessible democratic spaces we have in this country,” the UM professor said. “They are, of course, hemmed in certain ways by state regulations. But again, I still think that if local voters really want something, they do have levers to pull.”

Quinn affirmed CSD’s commitment to working as a community through this sensitive local matter. “Nobody wants to do anything to make a child feel uncomfortable,” she said. “Ultimately, we have to see what [NYSED is] going to tell us we have to do, and then we can make a plan.”

The district superintendent concluded, “When we do make our plan, we are very mindful of including every stakeholder. Our community is going to be very involved.”

Englebright noted that CSD likely did not intend to disparage Native Americans when it created its logo and team name. 

Nonetheless, the former assemblyman reiterated that study commissions and community forums could be fruitful in working out competing ethical considerations. 

“History is complicated,” Englebright said. “That’s why I think this deserves some introspection.”

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Stock photo

Suffolk County Executive Steve Bellone has announced that the County will host a free test kit and KN95 mask distribution event on January 24 between noon and 6 p.m. in the lobby of the H. Lee Dennison Building, located at 100 Veterans Memorial Highway in Hauppauge.  Approximately 1,000 test kits and nearly 1,000 KN95 mask will be available for residents to pick up.

All Suffolk County residents are encouraged to attend to obtain kits for their household. Each resident is eligible to pick up two test kits per household member. Test kits will be distributed on a first-come, first-served basis.

“While many of us have resumed daily life, living with COVID-19, it is still important that everyone has access to the tools available to prevent exposure and spread,” said Suffolk County Executive Steve Bellone. “As we continue to see new variants, it is clear that availability to test kits is imperative as we work to keep this virus under control.”

“Testing is still crucial to slowing the transmission of the SARS-CoV-2 virus. When we test positive early in the course of illness, we have the opportunity to seek treatment to prevent the worst outcomes from COVID infection, and can limit the spread of the virus to others,” added Dr. Gregson Pigott, Suffolk County Health Commissioner.

Together, with local municipalities, County legislators, the Suffolk County Police Department, community groups, not-for-profits and more, the County has distributed approximately 660,680 test kits to residents, including seniors, first responders and other vulnerable populations.

Suffolk Health is also offering COVID-19 vaccines and boosters to all Suffolk County residents who are eligible to receive them. Childhood vaccinations are also offered for children who are uninsured. Walk-ins are welcome.

County clinic dates and times are available as follows:

January 24 from 11 a.m. to 3 p.m. at Sachem Library, 150 Holbrook Road, Holbrook

January 25 from 11 a.m. to 3 p.m. at Riverhead Library, 330 Court St., Riverhead

January 31 from 12:30 p.m. to 3:30 p.m. at West Babylon Library, 211 Route 109, West Babylon

For more information, call 631-853-4000.

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