Times of Smithtown

Huntington commuters board train. File photo by Rohma Abbas

By Donna Deedy

The New York State Senate passed April 1 legislation that will overhaul the Metropolitan Transit Authority and transform its operations. The legislation, included in the 2019-20 New York State budget, authorizes into law key changes to increase MTA transparency and reform its operations. This includes a comprehensive, independent forensic audit of MTA, improvements to long-term capital planning, and requires public reporting on MTA performance metrics.

New York State Sen. James Gaughran (D-Northport) said that he aggressively lobbied for passage of these reforms and committed himself to their inclusion in the final state budget.  

“I am thrilled that this year’s budget will include a core component of the MTA Rail Act: a comprehensive, independent forensic audit of the MTA,” he said. “This, coupled with a $1 billion investment into the LIRR, are critical first steps toward making Long Island’s mass transit finally work for riders.”

The reforms were also supported by railroad watchdogs and public transit commuters, fed up by years of late trains, poor communication by the MTA and rising train fares.

“The biggest complaint I hear is overcrowding as a result of cars taken out of service,” said Larry Silverman, former chair of the LIRR Commuter Council. “Monies have already been allocated for the expansion projects such as East Side Access and Third Track Main Line, so I would expect that the railroad would use the funds to keep the system in a state of good repair.”

Larry Penner, former Federal Transit Administration director in the New York region, is familiar with MTA operations, capital projects and programs. The devil, he said, is in the missing details yet to be worked out concerning passage of congestion pricing and the MTA Rail Act. The promised MTA “forensic audit” in his view is a waste of time and money. 

“Another audit will not result in significant change,” Penner said. “How many internal MTA, MTA Office of the Inspector General, state comptroller, city controller, NYC Office of Management and Budget, Federal Transit Administration OIG and other audits have come and gone.”

The best bang for the buck, he said, is for the Long Island Rail Road to further electrify rail service for five branches: Port Jefferson, Oyster Bay, Montauk, Ronkonkoma and the central branch which runs between Hicksville, Bethpage and Babylon. Investing in a one-seat-ride service to Penn Station, and eventually Grand Central, would benefit the most people. 

Narcan, a drug that stops opioid overdoses. File photo by Jessica Suarez

By Donna Deedy

New York State Attorney General’s office announced March 28 that it has expanded a lawsuit against opioid manufacturers, distributors and members of the Sackler family, whose company Purdue Pharma made and marketed OxyContin.

The lawsuit, originally filed in Suffolk County, has now become the nation’s most extensive case to date to legally address the opioid crisis.  

Suffolk County Executive Steve Bellone (D)applauded the move.

“It is our hope that our lawsuit, and ones like it, will bear fruit that forever changes the way destructive—but profitable—drugs are marketed and sold across the nation,” he said.

“As the Sackler Family and the other defendants grew richer, New Yorkers’ health grew poorer and our state was left to foot the bill.”

— Letitia James

The lawsuit alleges that six national prescription opioid manufacturers, four prescription drug distributors and members of the Sackler family are largely responsible for creating the opioid epidemic through years of false and deceptive marketing that ignored their obligation to prevent unlawful diversion of the addictive substance. 

The amended lawsuit includes Attorney General Letitia James’  findings from a multi-year, industry-wide investigation of opioid market participants, which alleges that manufacturers implemented a common “playbook” to mislead the public about the safety, efficacy, and risks of their prescription opioids. 

“Manufacturers pushed claims that opioids could improve quality of life and cognitive functioning, promoted false statements about the non-addictive nature of these drugs, masked signs of addiction by referring to them as “pseudoaddiction” and encouraged greater opioid use to treat it, and suggested that alternative pain relief methods were riskier than opioids, among other grossly misleading claims,”  the attorney general’s office stated in its summary of the amended suit. The office claims that manufacturers used a vast network of sales representatives to push dangerous narratives and target susceptible doctors, flood publications with their deceptive advertisements, and offer consumer discount cards and other incentives to them to request treatment with their product. 

The manufacturers named in the amended complaint include Purdue Pharma and its affiliates, members of the Sackler family (owners of Purdue) and trusts they control, Janssen Pharmaceuticals and its affiliates (including parent company Johnson & Johnson), Mallinckrodt LLC and its affiliates, Endo Health Solutions and its affiliates, Teva Pharmaceuticals USA, Inc. and its affiliates and Allergan Finance, LLC.  The distributors named in the complaint are McKesson Corporation, Cardinal Health, Inc., Amerisource Bergen Drug Corporation and Rochester Drug Cooperative, Inc.

“As the Sackler Family and the other defendants grew richer, New Yorkers’ health grew poorer and our state was left to foot the bill,” James stated. “The manufacturers and distributors of opioids are to blame for this crisis and it is past time they take responsibility.” 

“This company and company’s owners knew the addictive quality and used it for financial gain.”

— Kara Hahn

The opioid epidemic has ravaged families and communities nationwide and across New York. Suffolk County has been particularly hard hit statewide. When the county originally filed its lawsuit, legislators reported that the region suffered the highest number of heroin deaths statewide.  Between 2009 and 2013, 418 people died of a heroin overdose. Many people turned to heroin when their prescriptions ran out.  The opioid related death tolls have continued to rise.According to New York State Health Department data for 2017, opioid pain relievers, including illicitly produced fentanyl, caused 429 deaths in Suffolk County. Over six thousand people were admitted for opioid addiction, including heroin, into the counties Office of Alcohol and Substance Abuse Services. 

“I applaud New York State Attorney General James for joining in our efforts to recoup untold amounts of public funds that were spent to assist those afflicted by this epidemic,” Bellone stated. “Suffolk County is taking a page out of Big Tobacco’s playbook to hold the Sackler family and others accountable for their role in connection with the opioid crisis.  

The Suffolk County legislature is proceeding with their lawsuit as it was originally put forward, but officials agreed with the state’s initiative.

“The pharceutical companies opened the flood gates,” said county Legislator Sarah Anker (D-Mt. Sinai). “I agree the Sacklers should be targeted for a lawsuit.”

County Legislators Anker, Kara Hahn (D-Port Jefferson) and William Spencer (D-Centerport) originally co-sponsored the bill.

“It’s an incredibly important that all responsible be held accountable,” Hahn said. “This company and company’s owners knew the addictive quality and used it for financial gain.”

Suffolk legislators Kara Hahn (D-Setauket) and Sarah Anker (D-Mount Sinai), Brookhaven Councilwoman Valerie Cartright (D-Port Jefferson Station) along with women’s groups and members of local soccer teams attend a press conference April 2 for Equal Pay Day. Photo from Kara Hahn’s office

Suffolk County and Town of Brookhaven officials celebrated Equal Pay Day April 2 by vowing to call attention to the gender pay gap between men and women, especially in the sports world.

Members of the Island-wide Gender Equality Coalition, soccer coaches and student athletes joined forces at a press conference in Hauppauge to highlight workplace gender discrimination in compensation and call on the U.S. Soccer Federation to end gender discrimination in soccer for the sake of future generations of young women athletes and the integrity of the sport. In addition, they called for women all over the country to sign their petition and help them send a message in the world of athletes and beyond. 

“As the mother of a young girl, I want my daughter to know that her mother fought for equal rights and equal pay for women when I had the opportunity.”

— Valerie Cartright

On International Women’s Day March 8, the U.S. women’s soccer team filed a gender discrimination suit against the U.S. Soccer Federation, citing salary disparities and unequal support, including inferior training, promotion and playing conditions than their male counterparts. Despite consistently greater success on the field than the U.S. men’s soccer team, the three-time world champion, four-time Olympic gold medal U.S. women’s soccer team said they continue to be paid a fraction of the salary paid to men’s team members. They also allege, unequal treatment by the federation often exposes female athletes to more hazardous conditions to practice, train and compete.

“Young girls around the world idolize the U.S. women’s soccer players because they exemplify unmatched strength, skill and fearlessness,” said Legislator Kara Hahn (D-Setauket). “Their lawsuit sends a message of solidarity with women worldwide who are fighting for equality in the workplace and presents an important teachable moment for our children about gender disparity and the ongoing fight for women’s equal rights.”

At the Town of Brookhaven board meeting March 27, Councilwoman Valerie Cartright (D-Port Jefferson Station) sponsored a resolution to make April 2 Equal Pay Day within the town, which was passed unanimously by the board.

“Pay equity is critically important to having a fair and just workplace,” Cartright said. “Unequal pay and gender discrimination impact a woman as an individual; it impacts her family and the larger society. On a personal level, as the mother of a young girl, I want my daughter to know that her mother fought for equal rights and equal pay for women when I had the opportunity.”

“Their lawsuit sends a message of solidarity with women worldwide who are fighting for equality in the workplace.”

— Kara Hahn

In New York State, the gender pay gap, or the earnings ratio of women’s median earnings divided by men’s median earnings, is 80 percent. In 2017, women living in Suffolk County earned 78% of what men earned, according to Hahn’s office. Women who are identified within minority groups fare even worse, with black woman earning 79% and Hispanic woman earning just 58% as compared to white men.

“Today, we are wearing red to symbolize that women are ‘in the red’ in terms of pay, as compared to men performing similar work,” said Colleen Merlo, the executive director of L.I. Against Domestic Violence and chair of the Gender Equity Coalition. “This issue is not just a women’s issue, it affects children and families.”

Hahn said she created a letter writing campaign and petition about attaining gender pay equality and to help the U.S women’s soccer team. The petition can be accessed at Change.org under the title Pay and Treat Women Soccer Players the Same as Male Players at https://chng.it/k54wZZqJH6 and a sample letter can be found at https://tinyurl.com/yycb3f8v.

During the next two months leading up to the World Cup in France June 7, the group hopes to obtain 75,000 signatures for the petition, which they will then deliver to U.S. Soccer Federation officials. A 2015 petition supporting the team garnered more than 69,000 signatures, according to Hahn’s office.

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.