Times of Smithtown

Suffolk County demonstrates new denitrifying septic systems installed in county resident's homes. Photo from Suffolk County executive’s office

People enrolled in county septic program say it’s political

Suffolk homeowners, who received county grants to install nitrogen-reducing septic systems as part of the county’s septic program, are facing the reality of additional tax burdens and payments after they received IRS 1099 tax forms in the mail.

Participants in the Suffolk County Septic Improvement Program, which helped install prototype home septic systems that filter out nitrogen in participants homes, were told since the program’s inception in 2017 that only the contractors who did the installation of the systems would need to declare the grant money as taxable income because they received disbursement of funds from the county. 

This year, the office of Suffolk County Comptroller John Kennedy Jr. (R) sent tax forms to the program participants, and in many cases both homeowners and contractors received 1099s for the same job, despite a legal opinion by the county’s tax counsel that advised that the tax forms go to the companies that received the funds, not homeowners. 

SBU’s Christopher Gobler, with Dick Amper, discusses alarming trends for LI’s water bodies at a Sept. 25 press conference. Photo by Kyle Barr

In response, Deputy County Executive Peter Scully sent a letter to the comptroller’s office on March 14 requesting that Kennedy rescinds the 1099 forms issued to homeowners. After getting no response, Scully sent a second letter on March 26 asking Kennedy again to rescind the 1099s and mentioned since the first letter there had been new information that had come to light in the issue. 

Scully stated that the county’s Department of Health Services has confirmed that some of the homeowners who received 1099s have declared the grants as income and like the contractors will be paying taxes on the same grants. 

“It boggles the mind that anyone can believe that having both homeowners and installers declaring the same grants as income and having taxes paid by both parties on the same disbursement of funding is an acceptable outcome,” the deputy county executive said in a statement. 

In a Newsday article earlier this month, Kennedy said he planned to ask the Internal Revenue Service for a private letter ruling on the matter. Scully said that would be unnecessary, citing again the county’s legal counsel advice and other municipalities who have similar programs and are structured the same way. The letter ruling would cost close to $30,000 and could take more than a year, Scully added. 

Some residents who are enrolled in the program have claimed Kennedy, who recently announced he is running against County Executive Steve Bellone (D) in the next election, is politicizing the issue and potentially sabotaging the program. 

“I have no doubt in my mind,” Tim Sheehan of Shelter Island. “I don’t understand the rationale behind double taxing participants besides politicizing water safety and punishing homeowners for doing the right thing.” 

The Shelter Island resident was one of the early applicants of the program and had an advanced septic system installed in his home August 2018. He said without the help of county and town grants he and his wife would’ve not been able to afford the upgrade. 

The deadline to file taxes is April 15.

While Sheehan expected to pay taxes on the town grant, he didn’t anticipate the county liability. He said he is facing close to a $3,000 higher tax bill on the $10,000 grant and as a result has put him into a higher tax bracket and is required to pay a higher percentage on his income.

“Nowhere in the grant contract is there a mention of a tax liability to homeowners,” the Shelter Island resident said. “From the get-go we were told there would be no tax burden.”

Coastal Steward of Long Island volunteer Bill Negra checks the health of oysters in Mount Sinai Harbor. Oysters are one way in which Brookhaven Town hopes to clear up nitrogen in coastal waters. File photo by Kyle Barr

The Shelter Island resident was surprised when he received a 1099 form for the system and reached out to county officials for help. When they said they couldn’t help, Sheehan called the comptroller’s office hoping to speak to Kennedy directly. After numerous calls without getting a response, Kennedy finally called him. 

When questioned Kennedy blamed the current administration for mishandling the issue and told Sheehan that he never agreed with the county’s legal counsel decision. 

Kennedy has not responded to requests for comment.

George Hoffman, co-founder of the Setauket Harbor Task Force, said the tax form issue couldn’t have come at a worse time for a program that not only helps homeowners but improves water quality and waterways on Long Island. 

Hoffman said excess nitrogen, from homes with outdated septic systems or cesspools, seeps through the ground causing harmful algae blooms and can negatively affect harbors and marshes that make areas more susceptible to storm surges as well. 

“These people are pioneers, we should be applauding them for doing the right thing,” the task force co-founder said. 

Hoffman added he supports any effort to reduce excess nitrogen in our waterways and said many homes on Long Island have septic system that are in need of replacement. He is also concerned that the comptroller’s decision could stunt the progress the program has already made. 

Bellone has said there are about 360,000 outdated and environmentally harmful septic tanks and leaching systems installed in a majority of homes across the county, and with the issue of being taxed, dozens of applicants have dropped out of the program after learning of Kennedy’s decision to issue forms 1099 to homeowners, according to Scully. 

Officials in the county executive’s office are concerned it could endanger the future of the program and impact funding from the state. In early 2018, Gov. Andrew Cuomo (D) awarded Suffolk County $10 million from the Statewide Septic Program to expand the county’s denitrifying systems. 

State officials in Albany are aware of the ongoing situation and are similarly concerned, according to Scully. If the IRS were to side with Kennedy, he said they would turn to representatives in Congress for assistance, arguing that those funds shouldn’t be going to Washington but back into taxpayers pockets. 

By Bill Landon

The Warriors continued their winning ways defeating Hauppauge, 17-4, at home in a Div II matchup April 2. 

The victory extends Comsewogue’s winning streak to four in a row with a record of 4-0 in league, 4-1 overall. Senior attack T.J. Heyder tallied five assists and two goals, and Sean Kennedy recorded three goals and three assists for the Warriors. Senior Chris Wolfe stretched the net three times and Jake Deacy split the pipes twice.

Hauppauge’s Riley Henselder had one goal along with an assist, and Andrew Sellitto, Dylan Sas and Andrew Maiorini also scored.

Comsewogue hits the road on April 6 against Kings Park while Hauppauge retakes the field hosting Harborfields April 4. Game times are scheduled for 10 a.m and 4:30 p.m. respectively. 

By Bill Landon

After the Ward Melville girls lacrosse team dominated the first half of the game outscoring Smithtown East by eight goals, the Bulls regrouped for the second half and drew within four goals twice before the Patriots dropped the hammer to put the game away, 17-12, at home March 29.

Ward Melville senior Courtney Carollo led the way with four goals and three assists, 10th grader Summer Agostino, followed with three goals and two assists, and senior Lexi Reinhardt had an assist and found the cage four times. Also pictured above center, two Patriots celebrate a score against the Bulls.

Smithtown East senior midfielder Gabrielle Schneider topped the charts for the Bulls with three assists and two goals, sophomore Alayna Costa split the pipes four times, and her older sister Isabella Costa had two assists and two goals.

As of April 1, the win puts the Patriots at 1-1, and the loss drops Smithtown East 2-1 in Division I.

Tint meter used to detect the level of colored tint on car windows. Photo from SCPD video on illegal tints

Driving around Long Island, it’s most likely you have seen vehicles with a dark sheen of having their windows tinted. 

Suffolk County police have said some may have been illegally darkened, but still managed to pass inspection. A 2017 New York State law requires window tint testing during annual motor vehicle inspections, though Suffolk County police had seen an increase in window tint violation summons issued in the two years since the new law took effect. 

In response, police conducted a three-month sting operation from November 2018 to January of this year on 11 state inspection stations that were suspected of passing vehicles with illegally tinted windows. One turned out to be an automotive place in Selden.

Police used a decoy vehicle that had tinted windows that blocked 95 percent of light at these inspection stations. Operation Black Glass, as police called the sting operation, found that two of the 11 stations passed the decoy car and issued inspection stickers. 

Staria Auto of Selden and Baldwin Automotive of East Patchogue were the two inspection stations that illegally passed the decoy vehicle. The other nine stations correctly did not issue an inspection sticker to the decoy, police said. 

Suffolk Police Chief Stuart Cameron provided an explanation of the origins of the operation.

“If a car has illegally tinted windows, it should be failed and taken off the road until the tint is removed and the car is made legal.”

— Stuart Cameron

“Late last year I was driving on the expressway and I was still noticing a significant number of vehicles on the roadways with tinted windows, far more than I would expect to see after this law was in effect for two years,” Cameron said. “I wanted to see what the issue was — why wasn’t this law working like it was anticipated to.”

County Executive Steve Bellone (D) stressed the issue of officer safety when it comes to illegally tinted windows and traffic stops. 

“It’s one of the most dangerous situations a police officer can be involved in because there is extreme unknown,” Bellone said. “The danger associated with traffic stops gets heightened by the fact that there are vehicles on the road that have [these] tinted windows.” 

The state requires tinted windows to block only up to 30 percent of light, barring medical exceptions for the driver, officials said. 

The offending stations were referred to the NYS Department of Motor Vehicles, which could impose penalties on their inspection licenses. 

Police issued close to 6,000 summonses last year, far more than before the new law took effect. 

Cameron enlisted the help of the criminal intelligence section and asked them to do a comparison against the window tints summons officers have written, to the inspection stations that had issued an inspection certificate to those cars, to see if there was a pattern. 

Eleven inspection stations stood out and were targeted in the sting. 

Cameron reiterated officer safety, saying anything could be happening when you can’t see what’s behind these windows.  

“[These inspection stations] have an obligation to uphold a New York State law when cars are being brought in to be inspected,” the county police chief said. “If a car has illegally tinted windows, it should be failed and taken off the road until the tint is removed and the car is made legal.” 

Bellone said Suffolk residents should not  put officers’ safety at risk, for essentially a cosmetic addition to a vehicle.

“It’s not something we are going to tolerate, we are going to do everything to protect officers who are out there protecting us each and every day,” he said.

In response to the March 15 terrorist attacks in New Zealand mosques, the Long Island Inclusive Communities Against Hate organized outreach events. Members of the Huntington Jewish Center presented baskets and gifts last week as a gesture of solidarity to members of Masjid Noor mosque and Huntington Muslim Youth Outreach. The groups celebrated Purim together, a Jewish holiday filled with feasting and rejoicing, that commemorates the saving of Jewish people from persecution during the ancient Persian empire.

Huntington resident Wajma Halimi-Modaser expressed gratitude for the gesture in a Facebook post. 

“Appreciation and humbleness do not begin to describe how members of Masjid Noor felt by the kind and selfless sentiments displayed by members of the Huntington Jewish Center,” he said. “They took the opportunity to use this event to come visit and share their traditions. At the same time, show their sympathy. It is so wonderful to have support, love and respect for each other, especially during times of tragedy.”

The Masjid Noor Mosque also held March 22 an interfaith prayer service one week after the New Zealand massacres. Representatives from local school districts attended the service including Harborfields Central School District, Elwood Union Free School District and South Huntington Union Free School District.  

“We gathered regardless of our faith, color, race, social background or age to send one specific message,” Laraki Zakia said in a Facebook post. “We were sending a message of love, forgiveness and hope, as well as vigilance and alertness, ready to look after one another and having each other’s back as one strong and loving community.”

The group also held and interfaith vigil March 22 with local clergy and Sen. Gaughran at the Masjid Noor mosque in Huntington. 

By Bill Landon

Smithtown West’s girls lacrosse had the upper hand in the first half March 21 as Huntington was unable to overcome a deficit in the final 25 minutes of play. The Bulls notched their first league victory of the early season downing the Blue Devils 10-4 on the road. 

Senior Regan Kielmeyer led the way in scoring for Smithtown West with a pair of goals and five assists with teammates and fellow seniors Lauren Coletti and Taylor Mennella netting three goals each.

On the Blue Devils’ side, junior Abby Malchin, senior Maire Brown, senior Paige Lennon and sophomore Charlotte Maggio each scored a goal apiece for Huntington.

The Huntington girls lacrosse team is took the ield again at home against Farmingdale March 25, and will soon take be taking the long road to Riverhead March 29. Game time is set for 4 p.m.

A customer paying 5 cents to purchase a plastic bag from IGA Fort Salonga. File Photo by Sara-Megan Walsh

A small fee on plastic bags in Suffolk County has made a very big impact on usage, according to an environmental advocacy group.

Beginning in January 2018, a 5-cent tax on plastic bags from retail stores took effect across Suffolk County with a stated goal to reduce bag waste and encourage shoppers to use reusable bags. County officials alongside environmental advocacy groups and educators announced the new law has worked as intended at a press conference March 21. 

According to the one-year effectiveness report, Suffolk County is using approximately 1.1 billion less plastic bags compared to previous years. Other key highlights include 41 percent less plastic bag litter on beaches and plastic and paper bag use at stores has been reduced by over 80 percent. 

Data showing number of plastic bags collected on suffolk County beach cleanups. Image from Citizens Campaign for the Environment

“We have made a difference, right here in Suffolk County,” Legislator William “Doc” Spencer (D-Centerport) said. 

Adrienne Esposito, executive director of the Citizens Campaign for the Environment who presented the report’s findings, said the bill has made a real difference. 

 “This legislation has changed public behavior — that was the goal,” she said.  

The report showed more members of the public bring their own reusable bags when shopping, while some forgo bags entirely. Overall much less plastic bags were
being used. 

Esposito also mentioned that the data collected in the report is being cited across the nation as other municipalities try to promote similar plastic bag bans and fees. 

“It was a little rocky in January of last year, not everyone was a happy camper, but it takes time to adjust, [the public] did it and we move on,” she said. 

Rebecca Grella, a Brentwood High School science teacher said Suffolk County is a model for the future when it comes to making changes for the environment. She also pointed to student scientists who played a large role in the survey and data collection for the effectiveness report.  

“We had six school districts on Long Island that had students go out to different locations from 2017 to 2018,” Grella said. “Without the support and the work of these young scientists out in the field we would not have the data that we have today.” 

The science teacher said it shows that environmental changes take time but also stressed the involvement of our youth. 

“Engaging our youth in these pursuits is critical,” she said.  

Data explaining rate of carryout bag usage in Suffolk County. Image from Citizens Campaign for the Environment

This turn of events could be a good sign for Long Island, whose municipalities are already struggling due to changes in the recycling industry. Though the Town of Brookhaven Green Stream Recycling facility has stopped operation since its contractor walked out on its contract with the town, when it was operating town officials said plastic bags were dangerous if they went through the facility, due to the way they could snag and constrain sorting mechanisms.

John Turner, a conservation policy advocate at Setauket Environmental Association said the legislation has had benefits on local recycling facilities as well, citing that at town municipal recycling facility machinery would be routinely clogged up by plastic bags.    

Operation would need to be shut down every couple of hours to remove all the bags, costing the town $184,000 each instance to do the work and remove the bags. 

The report comes on the heels of the county’s continuation to reduce single-use plastics. In February, legislators announced policy incentives aimed at restricting the sales of several plastics, some harmful to health and to the environment. In July 2018, a project called Strawless Suffolk started and looked for 100 seaside restaurants in Bellport, Greenport, Huntington, Northport, Patchogue and Port Jefferson Village to take a pledge to stop using plastic straws by Sept. 3, 2018. 

Lauren Tirado and David DiMarzo in a scene from 'South Pacific'

By Heidi Sutton

The Smithtown Center for the Performing Arts continues its 17th season with Rodgers & Hammerstein’s musical “South Pacific.” Based on James Michener’s Pulitzer Prize-winning book, “Tales of the South Pacific,” which highlighted his Navy experience fighting the Japanese in the South Pacific during World War II, the show debuted on Broadway in 1949 and is still captivating audiences today, in part because of its familiar score and cautionary theme of bigotry.

Samm Carroll, center, and cast sing ‘I’m Gonna Wash That Man Right Outa My Hair’

Directed by Ronald Green III, the story centers on two romances — that of Nellie Forbush (Samm Carroll), an American nurse from Arkansas and self-described “hick from the sticks” who falls head over heels in love with French plantation owner Emile De Becque (Jon Rivera)  — and Marine lieutenant Joe Cable (David DiMarzo) from Philadelphia and his young Tonkinese girlfriend, Liat (Lauren Tirado). Both relationships eventually suffer as racial and cultural prejudices rear their ugly heads.

Forbush struggles to accept her new man’s mixed-race children with his first wife, while Cable weighs the social consequences should he marry his Asian sweetheart. In Cable’s solo, “You’ve Got to Be Carefully Taught,” he tries to explain where these prejudices come from. “…You’ve got to be taught, before it’s too late, before you are six, or seven, or eight, to hate all the people, your relatives hate…”

Supporting characters, including petty officer Luther Billis (Anthony Panarello) and Liat’s mother, Bloody Mary (Ava Anise Adams) help to tie the stories together nicely.

The songs are the heart of the show, and you’ll still be humming them at work days after, especially “Bali Ha’i,” “Younger Than Springtime,” “I’m Gonna Wash That Man Right Outa My Hair” and “Some Enchanted Evening.”

Jon Rivera performs ‘This Nearly Was Mine’ in ‘South Pacific’

Rivera is perfectly cast as the handsome Frenchman, Emile, and his beautiful singing voice can be most compared to Andrea Bocelli. At last Saturday’s opening performance, Rivera captured many hearts with his rendition of “This Nearly Was Mine.”

Carroll is equally outstanding, full of energy and every bit the “cockeyed optimist.” Her smile is infectious and she quickly becomes an audience favorite.

The period costumes by Green, an eight-piece band led by conductor Melissa Coyle, and the wonderful choreography by Milan McGouldrick add to the production’s polish to produce one enchanted evening.

The Smithtown Center for the Performing Arts, 2 East Main St., Smithtown will present Rodgers & Hammerstein’s “South Pacific” through April 28. Tickets are $38 adults, $34 seniors, $25 students. For more information or to order, call 631-724-3700 or visit www.smithtownpac.org.

Artistic computer rendering of the proposed walkway and viewing area for Avalon Park & Preserve Shore Farm. Photo from Town of Smithtown Planning Board

By Donna Deedy

Avalon Park & Preserve is expanding its recreational trails to extend from its existing location on Harbor Road over to a 28-acre farm along Stony Brook Harbor. When completed, the public will have access to a boardwalk that overlooks a marine sanctuary on the Long Island Sound.

The new site, which is currently private and not yet open to the public, is located directly east of Harmony Vineyards in Head of the Harbor.

The Smithtown Town Board voted March 5 to approve the project, known as Shore Farm. Additional state and town approvals are needed before Head of the Harbor can issue its permit. No time frame has been reported for the project’s completion.

The park currently encompasses 76-acres and is comprised of five distinct natural habitats populated entirely with native fauna. People are excited about the expansion.

“Avalon is an excellent steward of their lands,” said Joyann Cirigliano, president of the Four Harbors Audubon Society. The area, she said, is officially designated Important Bird Area for migratory birds. “The park provides a full range of bird habitats: field, forest, edge, shore and fresh ponds.”

Cirigliano said that the park is particularly good at keeping out invasive species, which allows scrub brush to thrive. The scrub, she said, is an important habitat for the warbler and other edge birds, a population in decline.

Avalon Park & Preserve was created in 1997 by the Paul Simons Foundation to celebrate the life of Paul Simons. Paul is the son of Renaissance Technology founder James Simons. He and his wife Marilyn and family planned the park to honor Paul’s love of nature after his life was prematurely interrupted at age 34, when he was killed by a car in a biking accident near his home in the Three Village area. When complete Avalon Park & Preserve will encompass roughly 104 acres.

The park, though it is privately owned, is open to the public from dawn to dusk 365 days a year. In addition to its trails, the park offers yoga classes and stargazing programs at an on-site observatory, when conditions permit. The Audubon society hosts bird walks in the park. Information can be found on Avalon’s website.

“We have been involved with Avalon Park from the beginning and are most excited about the expansion and the joy and happiness it brings to so many people,” said Gloria Rocchio, president of The Ward Melville Heritage Organization in nearby Stony Brook.

Joe Cognitore, commander of VFW Post 6249, dedicates much of his time to helping veterans and his local community. File photo

County and state officials plan on embarking on a statewide campaign to advocate for the restoration of funds for a veterans peer support program some have called vital. 

At a press conference March 15 Suffolk County Executive Steve Bellone (D) alongside state Sen. John Brooks (D-Massapequa) urged the state Legislature to restore funding for the Joseph P. Dwyer Peer Support Project, after the proposed executive budget of Gov. Andrew Cuomo (D) included no funding for the project.  

“It is our profound duty to serve our veterans both at home and abroad,” Bellone said. “Often times when our veterans return home they carry scars with them. The Joseph P. Dwyer Peer Support Project has a proven track record of assisting our veterans regain their lives and I urge Albany to reverse course immediately and fund this vital program.”

The project, which is overseen by Suffolk County Veterans Service Agency and Suffolk County United Veterans, aims to serve veterans, active duty members, reserve and National Guard troops suffering from post-traumatic stress disorder and other adjustment conditions. One of the program goals is to provide peer-to-peer support and counseling to veterans who are facing challenges transitioning back to civilian life, along with offering a safe, supportive space for veterans to interact with one another. 

Brooks, chairman of the state’s Committee on Veterans, Homeland Security and Military Affairs, spoke on the challenges many veterans face when they come home and the good the program does. 

“These are heroes helping heroes,” the state senator said. “This is a program that enables veterans with knowledge and understanding of issues like PTSD, traumatic brain injury, depression and substance abuse to meet with and counsel veterans who are suffering from one, or several, of these afflictions as a result of their service to our country.”

The senator stressed the urgent need for this program and others like it. 

The program is named after Pfc. Joseph Dwyer, a Mount Sinai resident and U.S. Army combat medic who had served in Operation Iraqi Freedom. After returning home and struggling with PTSD, Dwyer succumbed to his condition in 2008. Last year, 23 counties across the state received $3.735 million in project funding.   

Joe Cognitore, commander of VFW Post 6249 in Rocky Point, knows the program works and echoed Senator Brooks’ sentiments that programs like the Dwyer project are necessary and vital for veterans. 

“It’s veterans to veterans,” he said. “Mental health is an important issue.”

Cognitore said on a grassroot level the program works, and he was disappointed about the proposed funding cuts. 

“This is not a Democrat or Republican issue — it’s a bipartisan one,” he said. “We are all in the foxhole.”       

As chair for the VFW Department of New York Legislative Committee and a member of the VFW National Legislative Committee, Cognitore was in Albany lobbying earlier this month with other veterans groups urging lawmakers to restore full funds for the program. This year Suffolk County only received a $185,000 share of the money in the state budget.  

Previously, when the project had its full funds there were plans on expanding the program further into New York state, in addition to the already 23 participating counties. Similarly, two years ago, U.S. Rep. Lee Zeldin (R-Shirley) introduced legislation to expand the Dwyer program to the national level.  

Cognitore mentioned if he had another chance to speak with Cuomo and other lawmakers he would tell them not to slash the budget of a program without due diligence and background research. 

“It’d be one thing if this program wasn’t working but that’s not the case here — it works,” he said. “Put yourself in our boots, come visit us and see how the program runs.” 

Cognitore hopes lawmakers in Albany reverse course and restore funds to the program. He said they are fortunate to have county and state officials on their side who are committed to helping veterans. 

Bellone plans on traveling to the Hudson Valley and Western New York over the course of the next few weeks to build a coalition of state and local officials on the issue of restoring funding. 

Beginning in 2012, more than 10,000 veterans have participated in the Joseph P. Dwyer program countywide. Suffolk County is home to the largest veterans population in New York state.