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Capital projects fund review of East Beach bluff stabilization shows an estimated $800,000 budget overspend. Photo by Lynn Hallarman

By Lynn Hallarman

The final report reviewing the capital projects fund was presented to the public by CPA firm, PKF O’Connor Davies of Hauppauge, at the Village of Port Jefferson Board of Trustees Sept. 25 meeting, ending a year of uncertainty over the financial condition of the fund.

The most significant conclusion was an estimated $1.27 million in overspending on capital projects done without an identified funding source. The largest overage was the East Beach bluff stabilization project of about $800,000.

Why the review was done

One year ago, concerns were raised by then newly-appointed village treasurer, Stephen Gaffga, about the bookkeeping practices that track the village’s capital projects fund. This prompted village officials to hire PKF O’Connor Davies to give a full historical accounting of the fund’s financial recordkeeping. The review spanned from May 2016 to May 2023.

“I noticed shortly after starting my position as treasurer in September of 2023 that our capital projects fund looked like every expense account had a negative balance, which immediately raised red flags for me,” Gaffga said in an interview with TBR News Media.

Gaffga noted that best practices recommended by the Office of the New York State Comptroller were not being followed, making it difficult to track how money was being spent on individual projects.

Ideally a capital project fund ledger should give a granular view of how money flows though different projects and meticulously accounts for funding and payments related to each project, according to the OSC.

The village additionally enlisted Charlene Kagel, CPA — former commissioner of finance for the Town of Brookhaven and ex-Southampton village administrator — as an expert municipal finance consultant to assist the village as it corrects bookkeeping practices to comply with state guidelines.

Reports findings

According to PKF O’Connor Davies, the purpose of the capital projects fund review was to identify which projects have been funded, which have been overspent and what grant funds for specific projects have not yet been reimbursed to the village.

The report provided a clearer picture of the capital fund financial state, especially addressing the overall negative balance observed a year ago. PKF detailed 26 projects as having a deficit fund balance.

Reviewers also noted that “recordkeeping varied by project” — or in other words, the bookkeeping lacked a consistent approach across the ledgers.

Overall, the review revealed an $8.1 million total deficit as of May 31, 2023. “Most of this deficit, an estimated $5 million, is due to grants expected but not yet received by the village,” Gaffga said.

The estimated $1.27 million shortfall comes from spending on a few large projects, most of which, $800,000, is attributed to the bluff stabilization project.

Gaffga explained that the additional spending on the bluff project occurred incrementally over several years starting in 2017, with board members approving these expenses without first identifying a funding source.

Recommendations

Recommendations to the village boil down to one improvement: Follow bookkeeping guidance outlined by the OSC.

The report also identifies the absence of a long-term capital projects fund plan for the village.

Kagel told TBR that an excellent capital plan should include a list of proposed projects by department heads and for municipalities to assign each project a “priority ranking” year by year.

“The board ranks what projects are most important and then figures out how they are going to pay for it,” she said.

Gaffga added, “There will need to be an identified funding source to correct that $1.27 million deficit in the capital fund.”

Gaffga pointed out, however, that this amount is an unaudited estimation. The village has hired a new accounting firm, R.S. Abrams & Co. of Islandia, to finalize the numbers cited in the report before village officials will move forward with a financial plan to reimburse the capital projects fund, as required by municipal law.

“Bottom line, it’s just bad bookkeeping. The village didn’t follow the recommended practice and accounting procedures that are set forth by the state and this is what happens when you don’t,” Kagel said.

Moving forward

The treasurer for a municipality is the custodian of all capital funds, responsible for tracking the finances of each project and developing financial reports for the board and the public.

“At the same time, the board is ultimately responsible for the oversight of the village financials,” Kagel said. “It’s pretty clear that municipalities aren’t supposed to overspend their budget, according to general municipal law in New York State.”

“Stephen [Gaffga] has implemented an OSC best practice, tracking each project financial detail to be sent to the board monthly, so the board can say, ‘Hey, how come we’re in the red on this project?’” she said.

“I’m glad we are now through the most difficult part of the capital projects fund review process and we now know exactly where the village stands,” Mayor Lauren Sheprow said in an email statement to TBR News Media.

“Now the village can proceed to develop a truly transparent capital project plan with guidance from our new Budget and Finance Committee and our incredible treasurer, Stephen Gaffga,” she added.

The full report can be viewed on the Village of Port Jefferson website at www.portjeff.com, and the next Board of Trustees meeting will be held on Oct. 9, as a work session.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Michelle Schindler receiving the proclamation, from Supervisor Dan Panico. Screenshot

By Katherine Kelton

At the Aug. 8 Brookhaven Town Board meeting, council members officially recognized Aug. 31 as International Overdose Awareness Day. They also dedicated the month of September as National Recovery Month. Councilmember Johnathon Kornreich (D-Stony Brook) spoke briefly about the Brookhaven Goes Purple initiative that began in the 1st Council District he represents.

He introduced the co-founder of the initiative, Michelle Schindler, who also delivered an address. She said, “Our aim is to unite the community to achieve a safe, healthy and drug-free environment.” She also works as a prevention director for YMCA family services, where evidence-based prevention is key.

Schindler claimed, “Research nationally and locally on Long Island demonstrates communities with active prevention coalitions experience a lower rate of substance use compared to those without such coalitions.”

She was presented with a proclamation by Supervisor Dan Panico (R) and the council members.

Town board business

Before the ceremony of dedication, many resolutions were passed. One such resolution involved the application of a Sephora in Port Jefferson Station on Route 112 replacing a former CVS. The popular makeup store will now be brought to the Port Plaza as the plans for application were passed.

In East Setauket, a proposed change of use application was passed for Setauket Law, located on South Jersey Avenue. The space was labeled as vacant, however, Setauket Law has been running from the office space. The firm also applied for a variance of parking, which was also passed.

A vacant space in the South Jersey Avenue office complex is looking for a new tenant as well. The available space, which used to be a day care, is looking for either a new day care proprietor or something the community needs.

The owner of the building, Shimon Ohana, revealed that a playground structure for the previous day care was removed before he came into ownership of the space, which was turned into about 65 parking spots.

Kornreich asked Ohana about the limited parking and how that could affect what type of business takes the vacant space.

Ohana stated that he has a few daycares, looking at the space, which would be ideal for parking: “The majority of people coming to the day care are children, so they obviously don’t drive. It would primarily be staff and parent drop-off.”

The next meeting is Aug. 21 at Town Hall, 1 Independence Hill in Farmingville, and will be a zoning board meeting.

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Sanitation truck. File photo

By Peter Sloniewsky

In June, waste-incinerator Covanta agreed to pay the Town of Brookhaven $1 million to settle a lawsuit alleging the company trucked hazardous ash to the town’s Yaphank landfill. While the settlement is pending in the Nassau County Supreme Court, town Supervisor Dan Panico (R) said he has “no reason to believe that it wouldn’t be approved.”

The lawsuit was filed in 2013 by whistleblower Patrick Fahey, a former Covanta Hempstead employee, on behalf of local governments that sent municipal waste to the Covanta plant in Westbury. Brookhaven accepted the resulting ash at its Yaphank landfill.

Covanta, which announced in April a name rebranding to Reworld Waste, has denied any wrongdoing.

Fahey’s attorney, David Kovel, has said that his client “doesn’t think the town is acting in the best interests of its citizens” in agreeing to settle for $1 million, and opposed the settlement with a court filing. Kovel added that only the state Attorney General’s Office has standing to settle, and that “it is astonishing that the Town of Brookhaven would sell out its citizens” by accepting such a “sweetheart” settlement.

Members of the Brookhaven Landfill Action and Remediation Group shared similar sentiments in a June 6 statement at a Brookhaven Town Board meeting. Group co-founder Monique Fitzgerald said, “It is despicable that this settlement would give Covanta a pass, while continuing to force community members to carry the burden,” adding, “This agreement comes without any input from the community.” She noted that Covanta would be absolved of any future financial responsibility for pollution cleanups in the area.

BLAR group has also called for the immediate closure of the landfill, which was previously slated to be closed in 2027 or 2028, and for there to be an immediate cleanup of the North Bellport community’s air, land and water. Town officials have yet to provide a firm timeline for closing the Yaphank facility.

Panico, when asked whether the town will earmark the settlement money for the benefit of the North Bellport community or for remediation at the landfill, said, “We’re doing work far in excess of that $1 million figure. Our commitment to the people of North Bellport is long-standing and strong.”

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Suffolk County Executive Ed Romaine (right.) File photo

By Toni-Elena Gallo

Suffolk County Executive Ed Romaine (R) held a Zoom press conference with local media publications Friday, July 26.

Romaine’s opening remarks emphasized the importance of local media, and his desire to give the press an opportunity to “write the stories you need to write.”

He then briefly discussed some of his seven-month tenure’s accomplishments, including the approval of the Water Quality Restoration Act that aims to rectify Suffolk’s sewer systems subject to a referendum on Election Day, Nov. 5.

Romaine is looking to put sewer infrastructure “on steroids,” as 70% of the county utilizes pollutant-rich cesspools.” His plan is to put “densely populated areas of Suffolk, whenever possible, on sewers,” and the less densely-populated areas on Innovative/Alternative septic systems that will denature the ground and surface water.

Romaine stated that the county will be purchasing new vehicles for the Suffolk County Police Department as well, and he intends to improve police and county government’s mental health services.

Additionally, the county executive expressed concern that Long Island is being “short changed” by the state and federal governments, in which the Island “does not get its fair share.”

“I want to know what happened to the infrastructure money that I supported that President Biden [D] put forward, or the environmental bond issue that the governor put forward, which I supported. … I just don’t see that money flowing to Long Island,” he said.

He gave a local example where Suffolk is deprived of comparative support: “For bus transportation and funding, we get $40 million. Nassau County, which is one-third the size of Suffolk, gets $103 million.”

Romaine went on to share that recently he submitted “one of the largest capital budgets in Suffolk’s history.”

This comes from his wish to fix many of the county’s dilapidated properties that have lacked maintenance. “It’s time that we maintain our roads, our bridges and our infrastructure,” he said.

Romaine went on to discuss his objective to lessen the Island’s high traffic congestion: “How about redoing the bridge over Nicholls Road? How about adding a third lane to the Sagtikos/Sunken Meadow Parkway?”

Furthermore, Romaine spoke of some of his disappointments with the state’s relationship with Suffolk.

For example, when discussing the Long Island Rail Road, Romaine said, “I come from a county where electrification stops at Babylon, Huntington and Ronkonkoma, and everything east of that being diesel. Really? Why aren’t we subject to getting electric trains? Why do we have to put up with dirty diesel?”

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Pixabay photo.

By Christopher Schultz

For nearly five years, the Stop-Arm camera program has been implemented on most school buses on Long Island. The legislation was signed by then-New York Gov. Andrew Cuomo (D) in August 2019.

The program uses security cameras at the front or back of each bus to report any car that illegally passes in front of a school bus when it is dropping off or picking up children. This legislation attempts to prevent drivers from getting around the buses and make the roads safer for children, especially elementary and middle school-aged children.

Last month, the Suffolk County Traffic and Parking Violations Agency issued a report of all known grievances between Sept. 1, 2020, and Dec. 31, 2022, on the program administered by TPVA and Bus Patrol America.

Violators are required to pay fines starting at $250 per offense, which increases in increments of $25 per added violation. 

During the collection period of the audit, revenues from fines associated with the bus stop violations totaled $34,739,404 for TPVA and $2,232,323 for the East End towns/villages. Reimbursements (expenditures) to Bus Patrol for their contractual share amounted to $15,632,732 for TPVA and $904,090 for the East End towns/villages.

Yet, the TPVA cited nearly 52,000 instances, or more than 25% of total fines, where a suspected person did not pay their expected fine. It also cited other statistics in charts and graphs to show the law’s punitive effects on Long Island residents. 

Some Long Island residents believe this law is problematic.

The debate remains about whether the new Stop-Arm program is necessary or just an easy revenue tactic. One thing is certain: Drivers of vehicles must be extra wary when school buses are stopping.

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Pixabay photo.

By Peter Sloniewsky

Suffolk County Legislature voted 15-2 Tuesday, June 25, to approve I.R. 1461 which will extend and revise the Suffolk County Drinking Water Protection Program. County Executive Ed Romaine (R) is expected to sign the measure into law July 8 for the mandatory referendum to be added to the November ballot. 

This program, if passed via referendum, will establish the new Water Quality Restoration Fund supported by an additional sales and use tax of 1/8%. It is estimated the increase in sales tax collections will fund about $4 billion over 50 years to implement the county’s Subwatersheds Wastewater Plan.

In June and July 2023, a 10-7 vote along party lines doomed the measure from reaching that November’s ballot.

The 1.5 million people of Suffolk County currently rely on more than 380,000 cesspools and wastewater systems, including over 209,000 systems located in environmentally sensitive areas. This decentralized infrastructure has been a significant cause of nitrogen pollution across the county. In both surface-level and underground bodies of water, this nitrogen pollution causes harmful algae blooms, which can release toxins into fish, destroy ecosystems by consuming excessive oxygen in the water and cause a variety of conditions in exposed humans.

Passage of the referendum has economic as well as health benefits. Creating and maintaining new wastewater infrastructure will create a number of well-paying jobs for the county government. Additionally, the risks posed to businesses reliant on Suffolk County water cannot be understated, as well as the threats to beaches across Long Island.

The Water Quality Restoration Fund can be used for water quality improvement, such as enhancing and maintaining existing sewerage facilities, consolidating sewer districts and replacing and installing wastewater treatment systems in areas where sewers cannot be installed. 

The language of the referendum itself is straightforward: “A yes vote ensures county funding to 2060 for clean water projects, improvements in drinking water, bays and harbors, and a no vote continues water quality degradation.”

Romaine claimed that passage of the referendum will be vital to fund sewer constructions, especially in less developed areas of the county, and the broad swaths of land with only cesspools installed. Romaine said that he “cannot emphasize enough the importance of this referendum” to address water contaminants.

Romaine was also the primary sponsor of the bill, which was co-sponsored by Legislators James Mazzarella (R-Mastic) and Ann Welker (D-Southampton).

Legislator Stephanie Bontempi (R-Centerport), who voted for the bill, claimed in a statement that while the bill gives the county the authority to establish longer-term funding for wastewater improvement projects, it also allows the county to apply for “much-needed” matching grant funding from the New York State and federal governments. 

The final decision will rest in the hands of Suffolk County voters on Nov. 5.

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Legislator Steve Englebright. Photo courtesy Office of Leg. Englebright

By Ava Himmelsbach

Introduced by county Legislator Steve Englebright (D-Setauket) at the Suffolk County Legislature’s April 9 meeting, bill I.R. 1371 may change how Suffolk County treats the environment.

If passed by the Legislature and signed by County Executive Ed Romaine (R), this bill would ban restaurants and third-party delivery services from providing single-use utensils and condiment packages unless requested by a customer. The goals and potential impacts of this bill were discussed during the Legislature’s May 7 general meeting and voted upon during last week’s committee meeting but failed to pass.

Englebright emphasized that this bill is meant to help the environment, which could concurrently help the community. “We’re trying to basically keep the extra plastic — that nobody even really uses in many cases — from just being callously or carelessly disposed of. It often ends up on our beaches, clogging our street drains and breaking down into microparticles that are able to be inhaled in some cases, or that are taken up in the food chain by organisms that concentrate the plastic going up the food chain.” 

“So, this is not a ban on plastic,” Englebright clarified. “It’s simply an effort to cause people to be more thoughtful.”

This seemingly simple and nonrestrictive proposal has caused disagreement that seems to be rooted in political variance. Nonetheless, Englebright believes that the issue of microplastics and environmental concerns should not be viewed from an argumentative perspective. 

“There’s really no reason, in my opinion, not to implement this — because it doesn’t hurt anybody and it only has the potential to be helpful. You know, there are three Rs in the environment.” Englebright explained why limiting plastic distribution should be prioritized. “I’m talking about reduce, reuse, recycle. And those three Rs for the environment are really very important to keep in mind. They are listed in priority order. Recycling is the least appropriate way to deal with contaminants, pollutants and excessive litter, or in this case plastic debris. The most important is to not create the problem in the first place. That’s ‘reduce.’ And so, reduction is the highest priority. That’s what this bill does.”

Less plastic being thrown away could mean a better quality of life for Long Island residents. “The reduction of the line of plastic into the environment is really something that shouldn’t be controversial, because it saves money for food establishments that sell takeout food and it certainly prevents people from encountering problems with plastics,” Englebright said. He highlighted an often-overlooked impact of plastic waste: “Plastics have the potential to collapse or compromise parts of our largest industry, which is tourism.”

Despite some disagreement, this bill has been met with plenty of positivity and understanding by Suffolk County residents. “We’ve had very strong support, there were a number of speakers who spoke in support,” Englebright said. These supporters included local civic leaders and numerous speakers from waterfront communities and nonprofits.

Due to a tied vote, I.R. 1371 failed to move out of committee last week. However, Englebright stated that he intends to reintroduce it in the near future. “We’re going to redouble our efforts. There is every intention on my part to reintroduce the bill, and we may add some adjustments, making it more difficult to see a repeat of that action. So, some of the comments that were made on it by the presiding officer [Kevin McCaffrey (R-Lindenhurst)] before he made his vote, we’re going to study those and see if there’s a way to apply some of those to the bill.”

Romaine would like to see the language of the bill, and he believes that with a thorough understanding of its contents, he would potentially be supportive of its passing. “I have some concerns about this bill,” he said. “But should the bill arrive at my desk, I would definitely consider signing it.”

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