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House candidates square off for discussion on health care, the economy, the environment and President Trump in TBR exclusive

U.S. Rep. Lee Zeldin and challenger Perry Gershon discuss topics during a debate at TBR News Media in Setauket. Photos by Kyle Barr

The result of the race to represent New York’s 1st Congressional District will be monitored by locals closely on election night, but the contest will have far wider implications.

The U.S. House of Representatives has been in Republican control since 2011, but polling suggests Democrats have an opportunity to retake the majority Nov. 6, with the seat of two-term incumbent Rep. Lee Zeldin (R-Shirley) appearing to be among those up for grabs if polls are to be believed. Zeldin faces challenger Perry Gershon, a Democrat who emerged from a field of five in a June primary, who said he has embarked on his first political run because he wants to put a check on President Donald Trump (R) and his congressional supporters.

The candidates sat down together for an exclusive interview with the TBR News Media in Setauket last month for a wide-ranging discussion on the race and their political ideologies.

“I think it’s really important after this election for our country to do a better job uniting, regardless of whether you come in first or second — whether or not your candidate comes in first or second that you voted or volunteered for.”

— Lee Zeldin

The president and the political divide

The current political climate and national discourse is a major motivator behind Gershon’s decision to run, he said. While the candidates agree a problem exists, they voiced competing theories regarding the source.

“I think it’s really important after this election for our country to do a better job uniting, regardless of whether you come in first or second — whether or not your candidate comes in first or second that you voted or volunteered for,” Zeldin said.

Gershon agreed with his opponent’s sentiment, but criticized Zeldin for suggesting it can wait until after Nov. 6.

The incumbent cited the demand for polarized news consumption from the electorate and an in-kind response from the news media as the genesis for the divisive environment at present. However, Zeldin laid blame on both Trump and his vanquished 2016 opponent Democrat Hillary Clinton for failing to voice a message of unity when the dust settled. He also said the Women’s March, which took place the day after Trump’s inauguration, is a contributing factor to the current tone of politics.

“We all have a responsibility, I have a responsibility too,” Zeldin said.

Gershon was less willing to place the blame on a confluence of factors, assigning most of it to the White House.

“In terms of presidential elections, there was never discussion about not accepting the result until Trump [came along],” he said. “That had never been on the table before and Trump put it up there. It’s part of the fear mongering and the xenophobia that’s besmirched this country. … The idea that it didn’t start and get escalated by Donald Trump is just wrong. He’s proud of it.”

When asked to offer criticisms of Trump’s job performance to date, Zeldin said he wished the president’s demeanor was more befitting of a role model for children.

“You should be able to say [to your kids] that you should be just like the president of the United States when you get older,” the congressman said.

When asked what he viewed as Trump’s successes, Gershon said he supported reducing the corporate tax rate as a means to stimulate the economy, though he said he felt the benefits of the bill tipped too far in favor of corporations and harmed individuals, especially in New York state.

The economy and taxes

“In terms of presidential elections, there was never discussion about not accepting the result until Trump [came along]. That had never been on the table before and Trump put it up there.”

— Perry Gershon

Both candidates acknowledged unemployment rates, gross domestic product, consumer confidence and, generally speaking, the stock market are all trending in positive directions currently. They differed on how much credit the president deserves for it.

Zeldin said unemployment rates, both for the general public and specific demographics, are reaching lows not seen in decades, and were signs of successful Republican control of the executive and legislative federal branches.

Gershon pointed out wage growth for workers is lagging behind. He criticized Trump and congressional Republicans for capping the SALT deduction at $10,000 in the federal tax bill, though he agreed reducing the corporate tax rate was a good idea for stimulating growth.

According to Zeldin, Amneal Pharmaceuticals, with locations in Hauppauge and Yaphank, announced plans to expand its facilities due to booming sales and new products in January. He said the company’s actions are a by-product of the positive economy, adding this is one of several companies making investments in the 1st Congressional District.

The congressman was one of few House Republicans to oppose the federal tax bill, and explained his opposition, which he and his challenger shared.

“I don’t believe that the best way to pay for a reduction on the corporate side is by making people pay more on the personal income side,” Zeldin said.

The legislation reduced tax rates for individuals and corporations, but at a far greater rate for corporations.

While Gershon acknowledged there are components of the bill he saw as positives, he levied substantial criticism on Republicans for penalizing New York with the bill, which he theorized was part of the goal — to punish blue states.

“Every Republican who votes for [House Speaker] Paul Ryan and Republican leadership has complicity in the tax plan passing,” he said, criticizing the majority for passing legislation without any Democratic support or compromise.

“Every Republican who votes for [House Speaker] Paul Ryan and Republican leadership has complicity in the tax plan passing.”

— Perry Gershon

Gershon said, if elected, he would introduce legislation to offset the cap of SALT deductions for New Yorkers. Zeldin said he fought for removal of the SALT deduction cap in the bill that ultimately passed.

Health care

The two candidates are ideologically closer together in their vision for a health care fix than their campaign ads would suggest.

Zeldin said he supported repealing the individual mandate component of the Affordable Care Act of 2010 — what’s commonly referred to as Obamacare — as the fine for not having health care insurance was eliminated under Trump’s tax bill. The congressman is in favor of expanding states’ ability to tailor the federal law to their citizens, and reducing the federal government’s burden in Medicaid costs.

Gershon has campaigned on a single-payer or “Medicare for All” system, which would require all individuals to contribute to a pool that would provide health care coverage for all Americans — a plan with zero Republican support. The challenger criticized Democrats’ passage of the ACA without any Republican support, and agreed compromise is the only path forward on health care.

Both Zeldin and Gershon stressed the importance of a bipartisan compromise to improve the status of the nation’s current health care system.

The environment

Long Island is one of the country’s most susceptible areas to rising sea levels and a warming climate. After Hurricane Sandy and recent storms, environmental protection is a top concern for many.

Zeldin touted his close relationship with the U.S. Army Corps of Engineers for his ability to obtain funding for projects meant to harden the shoreline. He cited legislation he’d helped advance for water quality protection and called future sea level rise a big concern. However, Zeldin also prioritized the federal government’s role in keeping taxes low and rolling back regulations to improve the business environment when asked what its role should be in stemming sea level rise. He stressed the importance of incentivizing flood mitigation opportunities for coastal residents.

“I don’t believe that the best way to pay for a reduction on the corporate side is by making people pay more on the personal income side.”

— Lee Zeldin

The incumbent added that updated power generation technology and investment in alternative energy sources would be a positive step forward for the district.

“It’s happening, it’s impacting our district,” he said of sea level rise. “What you need to do, for those who are staying here in the 1st Congressional District, is to the extent that you have a barrier beach, is to keep it strong.”

Gershon scolded Trump’s administration for rolling back regulations aimed at protecting the environment and for his decision to withdraw from the Paris agreement, an international climate accord within the United Nations designed to reduce global greenhouse gas emissions.

“Let’s go at the root of the problem instead of treating the symptoms,” the challenger said. “Let’s lower our use of fossil fuels. Let’s invest in clean, renewable energy.”

Gershon rejected the notion that economic growth and an improved business climate could only come at the expense of environmental protections. He called for more wind and solar energy investment, and a decreased reliance on fossil fuels. Zeldin said he would also be in favor of alternative energy investment.

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Businessman Greg Fischer (D) is challenging Sen. Ken LaValle (R) for his seat in New York State’s 1st District. Photos by Kyle Barr

It’s déjà vu in New York State’s 1st Senate District.

State Sen. Ken LaValle (R-Port Jefferson) finds himself once again being challenged by Democrat Greg Fischer to retain his seat representing the district. The two squared off in 2016 when LaValle won with more than 67 percent of the vote.

“We’ve created literally a generation of homeless people.”

— Greg Fischer

Fischer, a Calverton resident and businessman who specializes in strategizing and consulting, said during a debate featuring the candidates at the TBR News Media office in Setauket he is concerned that no one on either side of the political aisle is doing anything to increase personal incomes in the state. He said this lack of progress is leading to a brain drain on Long Island where residents pay the overhead to educate the youth but get none of the benefits when they move on for better opportunities.

“We’ve created literally a generation of homeless people,” Fischer said. “Those are people that can’t leave their houses and have their own homes. But they’re not necessarily on the streets — they’re on the couches or they’re still in their childhood bedrooms.”

When it comes to strengthening the economy, LaValle said he sees potential in places like the Research and Development Park at Stony Brook University and Cold Spring Harbor Laboratory as economic centers on Long Island. He said he supports more high-tech parks being constructed along the expressway to connect to these centers.

“We cannot afford one system for all.”

— Ken LaValle

The two had differing opinions on how to improve transportation for Long Islanders. While LaValle is looking locally, Fisher is thinking more statewide.

Fischer is proposing a bond-funded transportation system which would produce jobs statewide to connect New York City and Long Island to places like Quebec in Canada and Buffalo, and everywhere in between. He said the system would use subterranean vehicles able to go 150 mph on tracks that curve and 600 mph on straight tracks.

“It creates tens of thousands of jobs,” Fischer said, adding the use of bonds to fund such a project would see immediate payback.

The incumbent said he has led the charge in getting a state investment of $150,000 to conduct a feasibility study of electrifying the northern Long Island Rail Road line between Huntington and Port Jefferson, something he said people have talked about since before he took office 42 years ago.

“I believe, especially considering the economics of our day, that health care becomes a right.”

— Greg Fischer

“It’s something that I think that we’re finally, with money that I put in, that we’re going to get some attention,” the incumbent said.

Fischer criticized the idea of committing funds to invest in what he called “outdated technology.”

“No matter how much money we spend on horses and buggies it’s not going to help us,” Fischer said.

Both candidates said they believe better health care should be accessible to all.

“I believe, especially considering the economics of our day, that health care becomes a right,” Fischer said.

LaValle said the goal of the senate is to ensure access to health care for all. However, there are obstacles.

“We cannot afford one system for all,” LaValle said. “We tried. We looked at Obamacare and other types of things. I think we need to tweak what we have and make sure that no person goes without health care.”

“Waste, fraud and abuse cannot be tolerated at any time.”

— Ken LaValle

When it comes to education, Fischer said he believes there should be an inspector general assigned to NYS Education Department to investigate departmental waste, as its expenses are more than 50 percent of the state budget. He said currently any waste and mismanagement falls to the attorney general while other departments have inspector generals. Fischer, who has done audits of school districts, said he has found a lot of waste including not using best-value contracting.

LaValle said he has no problem looking into an inspector general for education.

“Waste, fraud and abuse cannot be tolerated at any time,” LaValle said.

Both candidates agreed more could be done for those suffering from drug addiction, especially in schools and colleges, including organizing public forums.

“Young people growing up today have lots of pressures, and it’s starting to show in so many ways, opioids being one of them,” LaValle said.

Fischer said he believes addiction comes from helplessness many young people feel from not being able to make a decent living and afford their own homes.

“As you become less and less of a stakeholder in the future, you destroy yourself,” Fischer said.

 

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State Assemblyman Steve Englebright (D) said LIPA and PSEG were inconsiderate with their spoiled food policy. Photo by Kyle Barr

In the race to represent New York State’s 4th Assembly District, incumbent Steve Englebright (D-Setauket) is up against Republican newcomer Christian Kalinowski, a 25-year-old who works as a trainer at an animal shelter and lives in Port Jefferson. Traditionally both candidates sit down for a debate at the TBR News Media office in Setauket, and while both were invited, Kalinowski declined to attend or answer questions about the race via phone or email.

“The way that the environment has been treated by this administration in Washington has been savage.”

— Steve Englebright

The assemblyman, as he does whenever he runs, cited the environment as a key issue for his candidacy.

“The way that the environment has been treated by this administration in Washington has been savage,” he said.

Earlier in the year Englebright, who is the chair of the Assembly Committee on Environmental Conservation, held hearings in Hauppauge regarding the possibility of offshore oil and gas drilling along the Atlantic coast after the U.S. Department of the Interior proposed plans for expansion of natural gas and oil drilling along coastal waters.

He said he was disappointed legislation passed in the Assembly and supported by the governor to stop drilling off the Atlantic coast did not get passed in the state Senate.

The assemblyman is proud of the $2.5 billion he advocated for in last year’s state budget slated for water protection. He has also advocated for having waterways defined as infrastructure which can lead to increased protections of watersheds and reservoirs.

Safety is also on the assemblyman’s mind. When it comes to gun regulation, Englebright is a proponent of the microstamping of firing pins. A microscope is needed to see the
microstamp, but when it hits a shell casing while ejecting, it prints a number onto the shell, theoretically leaving a trace for investigators when necessary.

“We have the ability with lasers where we can cut little numbers into the firing pin, and then the firing pin — without changing the mechanism, without doing anything to take away gun rights — there is at least forensic evidence that if the gun is used in another crime, you can join the two crimes together through the forensic evidence,” Englebright said.

“I’m generally cautious about bringing hardware like that into public spaces of any kind.”

— Steve Englebright

He said some challengers say the cost for microstamping would be felt by the consumer in that it would cost several hundred dollars more for a handgun, which he said he believes is holding up the legislation, though he disputed the cost would be prohibitive.

The assemblyman said he doesn’t agree with teachers having guns on school campuses, but he would consider retired police officers working as guards if needed. He said it would be better to have more efficient lockdowns and safer designed entrances before bringing guns into schools.

“I’m generally cautious about bringing hardware like that into public spaces of any kind,” Englebright said.

The incumbent also reiterated his support to advance electrification of the Long Island Rail Road between Huntington and Port Jefferson, an idea he has supported for years and is now gaining momentum, as state funds have been put toward studying the possibility. The study will examine the possible benefits and ramifications of electrification for communities along the line. He said state Sen. Ken LaValle (R-Port Jefferson) succeeded in appropriating state funds toward the plan.

“I think it’s a game changer, and I think we’re at the moment when it can happen,”
Englebright said.

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Voting booths at Rocky Point High School. File photo by Kyle Barr

On Nov. 6, voters will be lining up across Suffolk County at polling places, though if some school officials in the county could have it their way, by Election Day 2019 votes will be cast elsewhere.

Despite the fact schools are used as polling places near-universally, recent pushes for additional school security from communities have made several North Shore superintendents question why they should be forced to allow strangers into their buildings.

“You have to admit anybody onto school campus who comes to vote, so those actions and best practices for security that we observe every day, we can’t observe on Election Day,” said Elwood school district Superintendent Kenneth Bossert. “Schools are allowed to make their own rules for every school day, but on Election Day we have to defer to the [Suffolk County] Board of Elections, and in effect our facilities become their facilities.”

“Schools are allowed to make their own rules for every school day, but on Election Day we have to defer to the [Suffolk County] Board of Elections, and in effect our facilities become their facilities.”

— Kenneth Bossert

The Suffolk County School Superintendents Association, of which Bossert is president, released a blueprint for action to enhance school safety in which it specifically requests legislation that might let schools appeal their designation as polling locations. New York State law says all public buildings are in line to be declared polling places, yet all municipalities except schools have the right to appeal that designation.

Board of Elections Commissioner Nick LaLota said approximately 30 percent of polling in the county was held at nonschool municipal buildings. He added if the Board of Elections tried to move its voting apparatus to other places like fire departments or town halls that parking would be inadequate and wait times would increase more than an hour because of space issues.

Many schools close their buildings on November polling days to allow the community into a school without the potential for any danger to students. However, during smaller elections like primaries and school budget votes in June, many schools remain open and wall off the students from the public. Huntington school district Superintendent Jim Polansky said while his district does not stay open during major elections, they do stay open for students during primaries.

“While I understand that it is a challenge to find alternative sites than can accommodate a vote, using schools as polling places when classes are in session [such as for primary elections] is a significant issue,” Polansky said.

Across the North Shore superintendents lamented the Suffolk Board of Elections requirements. Superintendent James Grossane of Smithtown school district agreed with SCSSA’s proposal, and Paul Casciano of the Port Jefferson School District said he agreed with it even though polling in Port Jeff is held at Village Hall.

“When our buildings are used for public polling sites, the Board of Elections has the authority to designate the final location in the building for polling to occur, which in most cases requires voters to travel through our schools, passing classrooms and common student areas along the way all while not having to go through our strict visitor approval process,” Cheryl Pedisich, superintendent of the Three Village Central School District said.

LaLota said some local districts were being dishonest in their push to take polling out of schools.

“The school officials who choose to keep their May budget and board elections in their schools but demand that the November elections be moved out of their schools have a sincerity problem and are using recent tragedies to satisfy their political agenda, which predates school shootings,” LaLota said.

“The school officials who choose to keep their May budget and board elections in their schools but demand that the November elections be moved out of their schools have a sincerity problem and are using recent tragedies to satisfy their political agenda, which predates school shootings.”

— Nick LaLota

Since the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, more and more schools have been drastically updating security measures. Schools from Northport to Shoreham-Wading River have been adding additional security cameras, installing security doors, building security vestibules and hiring additional security guards. Some schools, like Miller Place and Mount Sinai, have taken it one step further and added armed guards to their current suite of school protection earlier this year.

Mount Sinai School District superintendent Gordon Brosdal said he agreed with the SCSSA’s call for the ability to appeal. Currently the Mount Sinai campus contains four armed guards, with one manning a booth at the entrance to the grounds who asks for an ID from all who wish to drive in. He added that he was concerned that with those procedures, voters may take it as a sign of disenfranchisement to request identification. Current New York State election law says polling places cannot ask for voter ID, though LaLota said he was unaware of any statute which prevented districts from seeking identification from those who come onto their campuses.

Marianne Cartisano, the superintendent of the Miller Place school district, has been fighting the specifics for her district’s polling designation since 2013, she said. In years past, the district has had to separate students and the public with the use of cafeteria tables, for a lack of more appropriate space. Since then the district has decided to close all schools on every election day, even for primaries.

Currently Andrew Muller Primary School, North Country Road Middle School and Miller Place High School are all polling locations. Cartisano has long requested the Suffolk County Board of Elections move all polling operations to the high school.

“We requested that let’s just move everything to the high school, where we could accommodate anywhere between 1,000 to 1,500 at a time, we’ll give you the entire building,” Cartisano said. “I know that in other districts accommodations have been made. … I want to do the right thing for our residents, but our residents also include 4-year-olds.”

In April this year the William Floyd school district reported that all polling locations would be moved to the high school, away from the elementary school. LaLota said he would be willing to work with school districts toward that end.

“This is an example of a win-win and I have encouraged my staff to explore more opportunities that increase child safety without disenfranchising voters,” he said.

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Smithtown Town Hall. Photo by Sara-Megan Walsh

A change of leadership at Smithtown Town Hall has resulted in a proposed 2019 budget that could increase homeowners town taxes for the first time in three years.

Supervisor Ed Wehrheim (R) presented his $109 million tentative budget for 2019 to the town council in a short meeting Oct. 5, on deadline under New York State Law. The proposed budget represents an increase of $4 million more than this year’s budget, with $1.5 million additional in the taxes levied among Smithtown’s homeowners. The supervisor promised it will be used to the benefit of its residents.

“We’ve committed in this administration to invest in Smithtown,” Wehrheim said. “We are going to do just that. I looked at the operating budget and we’ve stayed within the 2 percent mandated state tax cap.”

If approved, the 2019 tentative operating budget will be a total $66.60 annual increase for the average Smithtown homeowner, according to Wehrheim, with $28 of that increase attributable to a rise in solid waste district fees.

This graph shows the Town of Smithtown’s 2018 salaries for three positions — town supervisor, town council member and supervisor of highways — with their proposed 2019 salary increases and how that relates to similar positions’ pay in the neighboring townships of Brookhaven and Huntington. Graphic by David Ackerman

The town’s singular largest driving cost behind the proposed budget was a $1.1 million increase to health care insurance contributions for its full-time union employees, according to the supervisor. He also expects operational expenses such as fuel and utility costs to continue to grow over the year ahead.

The tentative budget sets aside $5.5 million for road, curb and sidewalk improvements, which Wehrheim said he decided in conjunction with Superintendent of Highways Robert Murphy (R).

The town supervisor has also proposed an approximately 40 percent increase to the Community Development Fund, which he said is used to help fund a list of neighborhood projects to improve local look and character of the neighborhoods. Most of the town’s funds will be used to kick-start projects, according to the supervisor, before hopefully being reimbursed through a combination of state aid or other grants.

Wehrheim is looking to increase the salary of each town council member by more than $9,000; from $65,818 up to $75,000. This represents a year-to-year increase of about 14 percent.

“I feel that it is in line with surrounding neighboring municipalities,” he said. “I feel the council position deserves that salary. It’s a different administration and they have far more responsibilities than they did previously.”

By comparison, each Town of Brookhaven council member is poised to make $72,316 in 2019 while to the west, the proposed annual salary for Huntington town council members is $76,841 next year.

In Smithtown, Wehrheim has proposed $30,000 for a new government liaison position, which if approved, will become an additional title and responsibilities for one of the town board members. The supervisor said the individual appointed will take on responsibilities similar to a deputy supervisor or chief of staff.

“It’s a more economical way as opposed to additional full-time staff in the supervisor’s office,” he said.

Murphy also stands to get an additional $20,000 a year, increasing the highway supervisor’s salary from $110,000 up to $130,000 per year, if the proposed budget is approved. Wehrheim said the 18 percent hike is warranted and has been talked about for several years.

“[Highway] is the town’s largest department,” Wehrheim said.

In perspective, Murphy’s new salary would be more than Brookhaven’s highway superintendent, poised to earn $119,132 in 2019 but less than Huntington’s $140,000 salary per year.

Wehrheim said that while he has added a few new positions to his administration in 2018, including a public information officer, he is hoping to hire two additional laborers each for the Highway Department and Parks, Buildings & Grounds Department next year. The exact salary for these positions has yet to be determined, according to the supervisor, as the town is in the midst of negotiating new contracts with both the Civil Service Employees Union, representing the municipality’s employees, and the Smithtown Administrators Guild, which represents its departmental directors. The previous contracts expired Dec. 31, 2017.

“Any increase would be result of union negotiations,” Wehrheim said.

The supervisor has also put forth a proposed $10 million capital budget for 2019, presented at the same time as the operating budget. He said $8 million of that budget will be borrowed by the town, and allocated toward large projects such as $2.3 million for new water mains along St. James Lake Avenue business district and $2 million in 2019 toward renovation of Flynn Memorial Park.

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

By Alex Petroski & Sara-Megan Walsh

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

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

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

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

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

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

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

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

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

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

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

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

To recycle or not: Tips  on handling your trash

By Kyle Barr

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

— Russell Barnett

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Students holding buttons at voter registration

By Judie Gorenstein

New York ranked 41 out of 50 states in voter turnout in 2016 and 49 out of 50 in the 2014 off-year election. Of all eligible New York voters, only 28.2 percent voted in 2014. When you look at the youngest age group, those between 18 and 25 years old, the turnout is even lower. And nationally in 2016, 70 percent of those over 70 years old voted. By contrast, only 43 percent of those under 25 did.

As Election Day approaches, students who leave for college will ask how and where they should register and vote. Although a Supreme Court decision in 1979 gave all students the right to vote where they attend college, election law is a state’s right. Each state thus has its own laws regarding voting, including registration deadlines, residency and identification requirements (ID) at the polls. 

In New York State, any citizen not in jail for a felony conviction can register to vote in the year they turn 18. To vote this year they must be registered by Oct. 12 and be 18 by Nov. 6, the date of the 2018 General Election. 

Even if a college student is living in another state or another New York county, they can ALWAYS vote absentee in their home district, which is a two-step process. They first need to complete an absentee ballot application and mail or deliver it to their county Board of Elections by Oct. 30. (The application form can be downloaded from NY BOE at https://www.elections.ny.gov/NYSBOE/download/voting/AbsenteeBallot-English.pdf and is available at libraries, post offices and the BOE.) 

The BOE will mail the actual ballot to the student, who must return it to the BOE postmarked by Nov 5. As long as the ballot was correctly completed and received by the BOE no later than 7 days after Election Day, the vote will be counted. Absentee ballots matter … they can change an election’s outcome.  

Frequently college students decide to register and vote where they are attending college. They feel it is important to get connected and have a voice on the issues in their new community and in the state where they may be living for four plus years. The Supreme Court may have given college students the right to vote where they go to college, but students are NOT ALWAYS ABLE to vote there. Some states have put up barriers to out-of-state students through their ID and residency requirements.  

Although New York in most cases does not require any voter ID at the polls, 34 states do so, with 17 states requiring photo ID. In Pennsylvania a college photo ID is sufficient while in other states it is not. In Texas a state-issued driver’s license or handgun license is accepted but not a college ID.  

Election laws can change. New Hampshire has just tightened its voter residency requirements, making it necessary for a student to register his or her car in New Hampshire and obtain a New Hampshire driver’s license. Students who want to vote at their college address should access that state’s most current requirements at www.campusvoteproject.org/ for election law and registration deadline information. “Your Right to Vote in New York State for College Students” is also available from LWVNYS at https://www.lwvny.org/advocacy/vote/RTVCollegeStudents.pdf 

In this time of student activism, those interested in a political career should strongly consider voting absentee; the residency requirement for a New York State candidate is living in the state or district for five years prior to being able to get on the ballot. But whether students decide to register and vote absentee in New York or in their college community, it is important that they learn about the issues and the candidates on their ballot, and VOTE. Our democracy works best when everyone participates.

Judie Gorenstein is vice president for voter services of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit https://www.lwv-suffolkcounty.org, email [email protected] or call 631-862-6860.

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Candidates to meet again on the ballot in November

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

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

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

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

“Last night was a great victory for Democrats.”

— Theresa Whelan

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

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

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

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

— James Walsh

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

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

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

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

This post was updated Sept. 18.

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