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County legislator and geologist, Steve Englebright, explains bluff erosion at Port Jeff civic meeting. Photo by Lynn Hallarman

By Lynn Hallarman

Whenever Steve Englebright, 5th District county legislator (D-Setauket) and geologist, is asked about the East Beach bluff stabilization project, chances are he will start by explaining the big picture of bluff erosion on the North Shore of Long Island. 

“We [Port Jefferson] are at the doorstep of the greatest amount of erosion of the entirety of the North Shore,” he said to a rapt audience of about 40 people at the Port Jefferson Civic Association meeting Oct. 14.

Englebright spent 40 minutes in an educational deep dive about the shoreline’s composition and history, focusing on how erosion along the 50 miles of the North Shore impacts the village-owned sliver of bluff at the East Beach.

The meeting represents another moment in the ongoing debate among residents and village officials about the project strategies and costs. Mayor Lauren Sheprow, trustee Xena Ugrinsky and several members of the Port Jefferson Citizens Commission on Erosion were present. 

Using a whiteboard and marker, Englebright diagrammed how thousands of years of erosion have shaped and reshaped the shoreline. The audience gasped as he recounted the 1904 Broken Ground Slide, in which almost a mile of land just east of Northport let loose and fell into the Long Island Sound in one day. 

“The reason I want you to get the big picture is that this is a very unstable shoreline. The basic premise of stabilizing it for a given property [the country club] is mission impossible. Because any given little property is part of a larger dynamic,” he said. 

Englebright explained that erosion of the North Shore is accelerating because of our overheating oceans, producing more powerful and frequent tropical storms, further destabilizing the area. “[Bluffs] are not cemented together, so it doesn’t take much to disturb them — like a hurricane. They come apart easily,” he said.

“The county club was unwisely [decades ago] placed too close to the bluff edge,” he said. In the long term, more than just tennis courts will be in harm’s way.” 

“What does this all mean?” 

“We have to ask some serious questions when we get involved in spending millions of dollars,” he said. 

Weighing the pros and cons

Englebright shifted the conversation from a big picture discussion about coastal erosion to a conversation about the project’s immediate and long-term goals.

“I think we’ve already spent something like $5 million in a community of 8,500 people. Do the math: It’s already a significant investment, much of which has already been at least partially compromised in just a couple of seasons,” he said.

He added: “It’s really a cost-benefit analysis that has to be made.” 

Cost update 

Village treasurer, Stephen Gaffga, told TBR News Media in a follow-up phone interview that the costs for Phase 1 of the East Beach Bluff Stabilization project — which included the construction of a large rigid wall already installed at the base and bluff face plantings — have reached $5.3 million. 

Additional costs of $640,000 related to engineering designs and administration bring the total cost to $6 million for Phase 1.

According to the treasurer, the village is currently negotiating with the company that installed the Phase 1 bluff face plantings to determine coverage of the costs for the work destroyed during last winter’s storms. 

Phase 2, the upper wall project — which includes installing a rigid wall with a steel plate at the crest of the bluff — will be partially funded by federal taxpayer dollars as a $3.75 million FEMA grant. Village officials announced final federal approval for this grant money last month. Local taxpayer dollars will fund the remaining Phase 2 expenses. 

According to the treasurer, village officials will better understand the total costs of Phase 2 once the village bids for the work of constructing the upper wall. 

Village trustees approved a $10 million bond resolution in 2021 to fund the project (phases 1 and 2) overall. To date, $5.2 million of the $10 million approved has been borrowed. 

Additional potential costs to date include a possible drainage project at the bluff’s crest, and additional expenses related to repairing recent storm damage to the bluff face. 

Sheprow told TBR that the village is exploring possible additional grant funding to supplement identified additional costs. 

Relocating Port Jeff Country Club

“The bad news is that there’s no single solution,” Englebright said. “The good news is that you [the village] own 178 acres due to the wise investment by the mayor’s father, former mayor Harold Sheprow, made in [1978].” 

“That gives you the ability to relocate the building,” he added, referring to Port Jefferson Country Club.

Englebright suggested that project options be costed out over time and compared before more is done. He would like to see more than engineering expertise weigh into decisions about the project. “Engineers will always tell you they can build anything,” he said. 

He envisions a retreat scenario as done in phases or possibly all at once. “But those decisions have to be costed out,” he said. 

Englebright ended his lecture by commending the current mayor. “I can tell you this, I have met with the mayor and she is doing her homework,” he said.

The next civic association meeting will be held Nov. 11 at 6.30 p.m. at the Port Jefferson Free Library.

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Fred Guttenberg and Joe Walsh

Two Dads Defending Democracy: Bridging the Gap During Divisive Times

At a time when political discussions can turn confrontational, Fred Guttenberg and Joe Walsh — two nationally renowned figures hailing from opposing political backgrounds — are proving that respectful dialogue can bridge political divides. Once adversaries, they transformed their heated debates into meaningful conversations and eventually a friendship. Now, they’re coming together at Stony Brook University to share how to find common ground and engage in civil and healthy discussions in service of meaningful legislative reform. The pair will lead two events as part of their Two Dads Defending Democracy tour.

The first, moderated by Charles Robbins, DSW, LCSW-R, will be held in the MART Auditorium at Stony Brook University Hospital on Tuesday, October 22.

On Wednesday, October 23, Guttenberg and Walsh will discuss Democracy and Getting Out the Vote at the Humanities Building, Room 1006, on the Stony Brook University campus.

About the speakers:

  • Fred Guttenberg began his public life after the murder of his 14-year-old daughter Jaime at the Marjory Stoneman Douglas High School shooting in Parkland, Florida in February 2018, and the death of his brother in October 2017 from cancer related to his service as a first responder at the World Trade Center in 9/11. Fred has traveled the country talking about both events but also talking about perspective, perseverance and resilience. He discusses pivotal moments in our life and how we should respond to those moments.
  • Joe Walsh is a former Republican Congressman from Illinois elected to Congress in the TEA Party wave of 2010. Following his service in Congress, he became one of the most popular conservative talk radio hosts in the country, syndicated in major markets throughout the U.S. He is currently the Director of The Social Contract and host of the “The Social Contract with Joe Walsh” podcast where Joe has weekly conversations with other well-known people to model how to have respectful conversations with those with whom you disagree.

Sponsored by the Program in Public Health at Stony Brook Medicine, the events are free and open to faculty, staff, students and members of the community. The Democracy and Getting Out the Vote event is also in collaboration with the Humanities Institute. Registration is required. Visit https://bit.ly/two_dads and https://bit.ly/get_out_vote to register.

WHEN & WHERE:

SBUH Event

Tuesday, October 22, 2024

5pm – 7:30pm

At the MART Auditorium

1 Lauterbur Drive, Stony Brook, NY 11794

 

SBU Event 

Wednesday, October 23, 2024

12:30pm – 1:50pm

Humanities Institute at Stony Brook University

1013 Humanities

Stony Brook NY, 11794-5354

Room 1006

WHO:

  • Stony Brook University Hospital event will be moderated by Charles Robbins, DSW, LCSW-R, Professor and Executive Director of the Center for Changing Systems of Power at Stony Brook University
  • Speakers
    • Fred Guttenberg
    • Former Congressman Joe Walsh
  • SBUH staff
  • SBU faculty & students

 

DIRECTIONS:

For SBUH event:

LIE to Exit 62. North on Nicolls Road for about 9 miles. Follow Hospital signs; turn right onto Health Sciences Drive. Continue to first light and turn left onto Edmund D. Pellegrino Road onto Medicine campus. Follow the traffic circle and take the second exit to Lauterbur Drive. Follow the traffic circle and take the second exit to Lauterbur Drive. Follow Lauterbur Drive to the front entrance of the MART. The speaking program will take place in the auditorium.

 

For the SBU Event:

From West, take the Long Island Expressway (LIE, I-495) eastbound to exit 62, and follow Nicolls Road (Route 97) north for 9 miles. The main entrance to the University is on the left; parking access available in the Administration Parking Garage or Lot 1; validation is available. To find the campus via GPS, Administration Building, 100 Nicolls Road, Stony Brook, NY 11790.

 

Stony Brook campus map

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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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Matt Makarius secures a tag line to Ryan Parmegiani as they prepare to enter the floodwater Aug. 19. Photo courtesy PJFD

By Lynn Hallarman

At 10 p.m. on Sunday, Aug. 18, Christian Neubert, second assistant chief for the Port Jefferson Fire Department, responded to what seemed like a routine call. The skies over Port Jefferson village were clear. But shortly after that, the village was caught unaware by an unrelenting downpour that would last nearly six hours.

“Once the rain started, we had very few moments of it letting up,” Neubert said in a phone interview with TBR News Media. The storm’s intensity caught everyone off guard.

Then, the firehouse started to flood. The station’s dispatchers could see through surveillance cameras that water was collecting in the back parking lot and the storm drains were slowing as water began to flow in reverse. 

Dangerous conditions

Flooding at the Port Jeff fire station in the early morning of Aug. 19. Photo courtesy PJFD

Neubert recalled that at 11:20 p.m., Chief Anthony Barton notified all department members to respond to the firehouse to assist with worsening flood conditions. The fire trucks were moved out of the station, but rapidly rising waters filled with sewage and contaminants prevented members from moving gear and other equipment. 

Soon, the calls for help started to come in. From 11 p.m. until 3 a.m., firefighters responded to 11 urgent water rescues as vehicles became trapped in rising floodwaters. Rescuers worked in pairs tethered by a rope, with one firefighter in the water, the other on solid ground. This strategy ensured that no one was swept away or sucked into an open manhole. 

“The most dangerous aspect of flood rescues is to our team. As the drainage system in the village backs up, the manhole covers will literally blow off. That night, there were open manhole covers throughout the village,” Neubert said. 

No firefighters or rescued members of the public were hurt that night, but people needed to be transported to the Village Grocery’s parking lot, where they could eventually be picked up by someone. The fire station, now flooded with 3 feet of water, could not be used to stage the station’s emergency response or serve as a temporary shelter for flood victims.

Complicating matters, firefighters were dispatched to respond to several fire alarms, which were triggered, it turns out, by floodwaters.

With the fire station out of commission, rescuers were forced to rely on radio communication while sitting in their trucks in torrential rain. The constant pelting on the vehicles made conversations hard to hear over the radio. And it was dark. 

For hours, the fire department battled two emergencies at once: the flooding of their station and responding to calls for help from community members.

Storm surge vs. flash rain 

A flooded vehicle the night of the storm. Photo courtesy PJFD

Neubert recounted the difference in conditions during Hurricane Sandy in 2012 compared to this rain event. He explained that Sandy’s flooding resulted from surging tides in a slow rise. 

“We had time to prepare,” he said. “We took the fire trucks out of the building and staged them throughout various village locations. All the firefighting gear was moved to very high ground, well ahead of time.” 

This time, however, was different — a sudden and unexpected deluge is harder to prepare for. The worst flooding of the fire station in recent years has resulted from heavy rainfall over a short period, as in 2018, 2021 and now 2024. 

This most recent storm was the most damaging. “Our biggest loss was the machine we use to fill our air bottles, with the replacement cost nearing $100,000,” Neubert said. “Our contaminated gear needed professional cleaning.” The entire ground floor of the building required an extensive cleanup, and repairs are still being made to the walls and floors.

The fire department has federal flood insurance to absorb most of the cost of the cleanup. However, what cannot be accounted for are the person-hours devoted to resolving a multitude of logistical complications in the flood’s aftermath. 

“It’s the ripple effect on operations that are most challenging,” Neubert said. While he emphasized that the response to community emergencies is not impacted, they temporarily need to rely on neighboring fire departments to fill their air bottles and host training events. 

“And the community may forget our firefighters, about 100, who are all volunteers, live in the village and work full-time jobs,” he said. 

The fire station sits in a floodplain 

This reporter went on a three-hour tour of the downtown flood basin with former village mayor and longtime firefighter Mike Lee. Many years ago, the salt marsh was slowly filled in to accommodate new construction, disrupting the natural water management between the harbor and the higher ground. Now, much of the runoff flows into an overwhelmed culvert system, worsening flooding and putting additional stress on critical infrastructure such as the firehouse. 

“The town, when first developed, was situated above the salt marsh, not on top of it,” Lee said. “The original Main Street was what is now East Main Street,” he said as we walked downhill toward the Gap parking lot.

The flooding problem is compounded by frequent heavy rainstorms related to climate change. The fire station sits atop a high-water table, once the salt marsh. 

Moving the station? 

“I do know for certainty, there is not another fire department in Suffolk County that floods,” Neubert said. 

But he chuckled when asked about moving the fire station. “We would if it was realistic,” he said. It is not from want of trying, he pointed out. 

“Find me an affordable 2 1/2-acre available piece of flat property within the boundaries of our 3-mile fire district that is not too near residential housing and is close enough so the response time to an emergency is not increased,” he said. 

And this wish doesn’t include the cost of a new building. 

According to Neubert, to preserve an ideal response time, a new firehouse would need to be situated in the fire district’s central geographic location, somewhere in the vicinity of Belle Terre Road and Myrtle Avenue. 

For now, the fire department is doing everything it can to mitigate flood damage. “We are using FEMA money to install flood doors,” he said. “All the radio-server equipment has been moved to the second floor.”

The goal, he reflected, is to make sure the department is not fighting too many battles at once. 

The Port Jefferson Civic Association is actively working to raise community awareness and build local support for the fire department, as the department considers options to address the flooding issue long term. 

“Flooding is our greatest challenge,” Ana Hozyainova, president of the civic, said. “Yet, we’re not making strategic decisions as a community to help safeguard a vital asset — the fire department.” 

“Their job is to protect our property, livelihoods and lives. The danger is that, eventually, their own crisis could grow so large that they won’t be able to respond to ours,” she added. 

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By John Avlon

This past week’s extreme weather is yet another wake-up call that we can’t afford to ignore. 

Touring the damage in Port Jefferson village, the devastation was striking, but let’s be honest — none of this should surprise us anymore. We’ve seen it before, and it’s clear we need to do more. The federal government has got to step up, which is why I’ll work to make sure that we deliver more relief and resilience for our communities in the face of natural disasters. 

The first step is a significant boost in funding for FEMA’s Building Resilient Infrastructure and Communities grant program. BRIC isn’t just another government acronym — it’s a crucial resource for states, local communities, tribes and territories to tackle hazard mitigation head-on, reducing disaster risks before they strike. The goal is simple: Stop reacting after disasters and start building resilience now. 

BRIC is currently funded by a 6% set-aside from major disaster declarations, meaning the funding is inconsistent and not guaranteed. While the bipartisan Infrastructure Investment and Jobs Act committed $1 billion to BRIC over five years, that’s just a drop in the bucket. That’s why I’m advocating for an annual $1 billion investment in BRIC. To be serious about this issue, we need to make serious investments.

This investment isn’t just smart policy — it pays off big time. The National Institute of Building Sciences reports that every federal dollar spent on hazard prevention saves society $6. That’s a return on investment that would make Wall Street jealous.

But we can’t stop there. There’s a glaring gap in FEMA eligibility that needs to be addressed. Condos, co-ops and homeowners associations are excluded from aid because FEMA classifies them as businesses. That’s absurd. These are middle-class housing options that deserve relief like everyone else. 

I saw it firsthand at a homeowners association I visited in Port Jefferson, where a landslide wreaked havoc after the rain. This gap has been well known since Hurricane Sandy, and it’s time to fix it.

Send me to Congress, and I’ll fight to bring real resources home and tackle climate change with the urgency it demands. The time for action is now.

John Avlon is Democratic candidate for New York Congressional District 1 on Nov. 5.

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METRO photo

By Daniel Dunaief

Daniel Dunaief

I’m a good person. Really, I am.

What’s my proof? I don’t drink single use plastic bottles, which are bad for the environment. 

I love the environment. I’m going to go hug a tree. Not that one, because it’s kind of prickly and it makes my skin itch. Not that one either, because it’s too wide and my arms are too short. The one over there doesn’t work either, because it’s too far in the woods and I might get poison ivy.

You know what? I’m not going to hug a tree literally, but I’m going to do it figuratively.

Wait, what’s that you’re holding? It’s a picture of me drinking out of a single use water bottle? That must have been taken a long time ago.

No? You have a date on it and it says it was taken in the last few months. Oh, well, I was helping someone and she needed a drink and I didn’t want her to feel like she was drinking alone, but it certainly wasn’t alcohol and I didn’t swallow the water because it was too hot.

You want to know who I was helping? That’s none of your business. Also, I don’t want anyone else to have to answer these kinds of questions, so to protect her privacy, I’m not going to tell you.

I don’t care whether you believe me. Okay, well, maybe I care a little. You’re right, you’re right, I wasn’t helping anyone, but that picture of me holding a water bottle? That’s not actually me. That’s someone else and I have 10 people who can confirm that I wasn’t drinking that water on that day, even though I don’t know what day it was and that shirt looks like one of the ones I wear all the time.

Other people have that kind of shirt, too. Yeah, I know it might be unlikely that someone would have the exact same soy sauce stain in the same place, but it’s still possible. 

So, you get my point, right, about being a good person. Maybe the water bottle wasn’t a great example, but I used to coach sports and I won a bunch of championships.

I know I said that the championships weren’t about me and I didn’t win anything. But that was then. Today? I’m taking a little credit.

What did I do? Well, I gave my players advice. Yes, I know some of them ignored me, while others got their own coaches and played well despite my advice.

Still, I won those championships. Well, I mean, I didn’t do it alone, but I was the leader and you can be sure that the team wouldn’t have won without me.

How can you be sure? Well, for starters, you can’t not be sure, and that should be good enough.

So, we agree, right? I’m a good person. No? What’s it going to take?

Oh, you want me to hold the door open for you? Yeah, I would but the air conditioning might get out. You see? I don’t want to waste energy. Oh, I know it’s not a waste of energy for me to help, but I don’t want to waste the energy it would take to cool the hot air I’m letting in. That’s even better than that bottle example.

So, to conclude, I’m a good person because I’m sure, deep down inside, beneath all the complicated layers that undoubtedly make me interesting mostly to myself, I care about things, people and stuff.

Sure, I might not do as much about as I could or should and yes, I have done the opposite of what that good deepness might suggest, but I know I’m a good person and I never lie.

Except that one. That was a lie, but that’s the lie that proves the truth. Right? No, I’m not running for office. Lots of other people would do a better job or even an adequate job, which would also be better. I’m just letting you and everyone else know that, basically, and with no hidden agenda beyond, maybe hoping for a few giggles, that I am a pretty good person who might one day, turn out to be slightly better than I am now.

After all, I’m just a man, standing in front of a crowd, asking them not to dismiss him totally. Is that too much to ask from someone whose goodness may, one day, surprise us all and come out?

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By Toni-Elena Gallo

The devastating impacts of Sunday night's storm
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Collapsed Harbor Road, Stony Brook. Emergency vehicles tend to the destroyed house, just down the street. Photo by Toni-Elena Gallo
Severe flooding on W. Meadow Road, Stony Brook. Photo by Toni-Elena Gallo
Stony Brook's elevated water table, on full display, with debris floating in the distance, as a result of the severe flooding, and runoff. Photo by Toni-Elena Gallo
Construction workers standing on the rubble of Harbor Road, just above the emptied Duck Pond, Stony Brook. Photo by Toni-Elena Gallo
A section of the emptied Duck Pond at Avalon Nature Preserve, resulting from the floods. Photo by Toni-Elena Gallo
Harbor road, Stony Brook, blocked off. A collapsed dam stood just beneath the road, to the immediate left of Stony Brook Harbor. Photo by Denis Lynch
A car trapped in a flood, on Main St., Stony Brook, Monday morning. Photo by Denis Lynch
Various shots of the damage, throughout Smithtown, including a water rescue, in the top-right corner. Courtesy Town of Smithtown
A firetruck, struggling through street flooding. Courtesy of the Nesconset Fire Dept.
Flooding in the main lobby of The Brookport apartment complex. Courtesy Rob Gitto
Security footage of Brookport's lobby. The flooding is so severe, that it is up to the mens' ankles. Courtesy Rob Gitto
The rain filling up The Brookport lobby area, in a current of water. Courtesy Rob Gitto
The treadmills, located in the Brookport gym, in murky water. Courtesy Rob Gitto
Construction workers assessing the damage of Harbor Road and the empty Mill Pond. Photo by Toni-Elena Gallo
Harbor Road, Stony Brook Village. Photo by Toni-Elena Gallo
A cross section of Rocky Point. Hagerman Landing Rd., shown here, was hit hard by the storm, said Ed Romaine. A mudslide effected cars, and the roads. Courtesy Google Maps

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Sheriff Errol Toulon Jr. File photo

Suffolk County District Attorney Ray Tierney (R), New York State Sen. Dean Murray (R-East Patchogue) and county Sheriff Errol Toulon Jr. (D) released public safety announcements to remind the public of the dangers of drunk and drugged driving. They further discussed the importance of staying at the scene of a crash, as well as the legal and financial ramifications of a criminal arrest. 

“We are more than half-way through this year’s ‘100 deadliest days of driving.’ In Suffolk County alone, there have been at least 20 fatalities since Memorial Day weekend, many of which were caused by drunk or drugged drivers. That is almost three lives lost per week, many of which were completely preventable, and despite the prevalence and convenience of ride-shares,” Tierney said.

“Drunk and drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity and economic status, every single day throughout [our state],” he added.

In 2022 Long Island saw 245 people die in crashes, with 164 in Suffolk County alone — a third of which involved DWIs. According to a member of the SCPD, ​​“Suffolk County holds the trophy for [these accidents], and it’s not a good trophy to hold.”

Murray, Toulon and Tierney doubled-down on their pledge to fight for the safety of all New Yorkers.

“Drunk and drugged drivers threaten the lives of random and innocent roadway users of every age, gender, ethnicity and economic status, every single day throughout [our state],” Tierney said.

They further urged all Long Islanders not to drive under the influence of any alcohol/drugs, regardless of the amount, since the officials want everyone to remember that any amount of alcohol or drugs in a person’s system is too much when it comes to driving.

Furthermore, these officials stressed the desire to have the Deadly Driving Bill passed in Albany, “to save countless lives, and make our roadways safer across New York State.”

This bill would call on lawmakers to close a great many of the loopholes in drugged driving laws. More specifically, the Deadly Driving Bill would end the allowance of an individual to avoid arrest and prosecution for operating a vehicle while drugged, unless the officer can pinpoint the drug by which the driver is impaired — while said drug must be listed in Section 3306 of the Public Health Law, as well.

Murray voiced concern over the specifics of legalized marijuana, as he feels that many have been left wondering whether it is appropriate to ingest any amount of it before taking the wheel.

“When New York State rushed through legislation to legalize marijuana, it was done so in a way that left many questions unanswered. Who can legally sell it? Who can legally buy it, use it or consume it?” Murray said. “There is definitely a need to educate the public [on this], and I’m thrilled to team with Suffolk County District Attorney Ray Tierney and Suffolk County Sheriff Errol Toulon Jr. to put these PSAs out to the public, to help facilitate that process.”

All public safety announcements can be found on the Suffolk County District Attorney’s  website at www.suffolkcountyny.gov/da.

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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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Political banner on the balcony of the Frigate ice cream and confection store. Photo by Lynn Hallarman

By Lynn Hallarman

A lawsuit upheld in 2022 a local business owner’s right to display a political banner, and now raises questions about municipal control over sign safety and aesthetics. The same sign, “In Trump We Trust,” is back up again.

In 2013, then Port Jefferson Village Mayor Margot Garant knew she had a problem — a proliferation of cheaply made signs cluttering the village’s visual look. Some signs were made of flimsy plastic, pressboard or haphazardly tacked up to storefronts. Some were waving in the breeze, at risk of flying off a facade or airlifting skyward off a property lawn. Others were just unsightly. 

Garant and the trustees decided to revise the village code to help business owners have more choices as a first step to cleaning up junky and unsafe signs. 

‘We had many work sessions to improve the code and make businesses feel like they had options,” Garant said. “Uptown was a sign disaster, but we made progress cleaning up storefronts in line with the village’s character overall.” 

Garant found the sign issue perennial and hard to keep up with. New businesses were easier to manage, but for some older establishments compliance with sign rules felt like government overreach. A few businesses ignored the permitting process altogether or accepted a fine as the price of doing business, according to Garant.

Then, in 2020, George Wallis, from Nissequogue, and the decades-long owner of the property housing the Frigate ice cream/confectionary store and The Steam Room restaurant in the village, used the location to express his support for former President Donald Trump (R). 

Wallis hung an oversized banner containing a political statement off the second-story balcony of the Frigate, a prominent spot at the bustling intersection of East Broadway and Main Street. The building is directly across from the Bridgeport & Port Jefferson Ferry terminal, making the display hard to miss. 

From the perspective of village officials, the banner violated several village sign requirements and Wallis did not apply for a permit. 

For one thing, the banner has Goliath-size proportions relative to the dimensions of the two-story Lilliputian-style building. Banners affixed to buildings are not allowed per the code and the pliable plastic material used does not comport with the aesthetic standards of the code. Village officials also worried that the oversized banner, strung across the building’s second-floor balcony, was a driving distraction, as it faces west directly into a three-way intersection — with pedestrians, oftentimes, dashing across the road. Officials wanted it taken down. 

Wallis had wrestled previously with the village government over an unpermitted political sign and had it taken down, but this time he refused to budge.

So the village escalated the situation to a legal remedy in the courts in hopes that he would back down, according to Garant. Wallis, instead, hired a lawyer and fought the charges leveraged against his business entities.

But in several interviews for this story with Garant and current Mayor Lauren Sheprow, opinions from municipal legal experts and a review of publicly available documents suggest that the legal battle, which Wallis won using a free-speech argument, has hamstrung the village’s ability to enforce its sign code and established a legal precedent allowing any person or business to erect a prohibited sign if the content is political. 

The legal complaint

A series of legal briefs filed in 2020 and 2021 by then deputy village attorney Richard Harris, for the Village of Port Jefferson, accused several business entities owned by Wallis of violating local sign ordinances. According to documents reviewed by TBR News Media, these entities allegedly failed to apply for permits and displayed signs of prohibited type, size and material. 

The briefs detail the hanging of two signs in different time frames containing political speech: “In Trump We Trust” and “Impeach Cuomo,” referring to the then New York governor. The charges did not pertain to the banners’ political content, which is protected under the First Amendment’s right to free speech.

Still, Wallis’ attorneys claimed the alleged accusations violated his right to free speech and requested dismissal of the case.

Harris argued, in a nutshell, that Wallis needed to follow the village sign code like everyone else. 

In July 2022, the Honorable Tara Higgins, judge of the village Justice Court, ruled in favor of Wallis, stating that the village’s arguments defending sign ordinances regarding aesthetics, safety and permitting were “unconvincing.”

Village withdraws legal appeal 

Harris submitted a legal appeal, reviewed by TBR News Media, to the Appellate Term of the New York Supreme Court arguing that the judge’s arguments were poorly reasoned and ignored legal precedent regarding a municipality’s ability to govern signs.

According to the New York State Division of Local Government Services, local governments may impose reasonable “time, place and manner” restrictions on speech to set forth the circumstances under which signs may be displayed. Obscene content is not allowed.

“All I can say is that based on the United States Supreme Court precedent, the village can enforce its code against the sign like that,” Mark Cuthbertson, lawyer and municipal legal expert, told TBR in a phone interview. 

He added, “If that’s the village’s policy going forward, based on this legal decision, someone can put up a huge Kamala Harris banner wherever [and however] they want.” He noted that other municipalities may face similar challenges to their sign code rules based on this new legal precedent, which seems to allow political signs to bypass municipal sign ordinances. 

The Sheprow administration subsequently withdrew the village appeal, stating that it “wanted a fresh start” and planned to take “steps against any sign code violations” regardless of the sign’s content.

Reactions from the public

TBR spoke with several patrons on the weekend of July 20-21 near the Frigate to gauge their opinions on the newly-placed banner with the same political message that was displayed in 2020. 

Most expressed approval using descriptors such as “delighted,” “ecstatic” and “in favor.” One woman thanked me for reminding her to take a picture of the banner for her Facebook page. She loved the sign. 

The general sentiment among those surveyed was that the banner represented an expression of free speech and that the village needed to “chill out,” as one supporter put it. Others noted that the village seemed to be enforcing its sign code selectively, singling out the Frigate for sanctions while similar style banners are hung undisturbed throughout downtown Port Jeff. In 2020 press reports, Wallis surrogates had voiced this belief of selective enforcement, suggesting that the village’s actions were driven solely by the banner’s political message. 

Wallis has consistently declined to speak with the press. TBR did not receive a response, either, from the Frigate’s store manager for comment.

During a casual stroll around the village, this reporter identified about seven prohibited banners across various businesses, though these banners contained nonpolitical messages. 

Most of the complaints about the current Frigate banner are directed to the village Town Hall or The Greater Port Jefferson Chamber of Commerce, according to Sheprow. These complaints primarily concern the political content, accusing the village of allowing it to remain. However, the village never had or wanted control over the political content, even before Wallis’ victory in court. 

“The village is nonpartisan,” Sheprow said. “The village would never enter into an endorsement situation or sanction the political speech of any candidate.”

As of writing, village officials have moved to cite all businesses, many for the first time, which are displaying code-prohibited banner-type signs. 

“Personal notifications went out today, including to Mr. Wallis’ business entities,” Sheprow said. 

Many prohibited banners have already been removed to date. As at press time, the Frigate banner was still hanging from the building.

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