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Town of Brookhaven

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Brookhaven Town Supervisor Ed Romaine. File photo by Erika Karp

Brookhaven Town residents will see a small increase in their 2019 town tax bill, and minimal use of surplus to balance the proposed operating budget for the upcoming fiscal year. Brookhaven Supervisor Ed Romaine’s (R) roughly $302 million tentative spending plan, presented during a media briefing at Town Hall Sept. 28, maintains all constituent services and full-time staffing from the current operating budget, increases funding for road maintenance and keeps the garbage district rate flat at $350 annually.

The 2019 tentative budget represents an approximately $8 million increase compared to the current year. The primary cost drivers of the budget cited by Romaine are a collective bargaining agreement mandated cost-of-living raise for town employees; an extra pay day for all employees in 2019; and a more than 6 percent increase in cost of employee benefits. Still, the proposed budget complies with the state-mandated 2 percent property tax increase cap.

Romaine discussed the lack of a need to use fund balance reserve dollars to balance the budget as a point of pride in presenting the ’19 tentative budget.

“One of my key strategic financial goals since taking office in November 2012 has been to bring the town’s finances to structural balance,” he said. “The three-point plan I implemented six years ago has put an end to deficit spending, has rebuilt the town’s surpluses and has improved the town’s credit rating to a AAA with Standard & Poor’s.”

Matt Miner, town chief of operations, said it’s been more than a decade since the town had a balanced budget requiring no fund balance.

“This is really the highlight of the supervisor’s budget,” he said. “You can see that the town, prior to Supervisor Romaine’s arrival, relied heavily on the use of fund balance surplus to balance its budget and the supervisor has been very aggressive and instructed both [Tamara Wright, town commissioner of finance] and myself and all of the department heads to craft budgets to bring that application of surplus down. Each year, we’ve been doing that and to the supervisor’s credit, it is now at zero in all six major funds, something that really hasn’t been achieved.”

The supervisor touted a rededication to growing non-property tax sources of revenue, including a “huge rally” in mortgage tax receipts in recent years. The 2017 operating budget was boosted by an increase in mortgage tax revenue also not seen in nearly a decade, though 2018 estimates are falling slightly short of that performance, according to Romaine. Still, he indicated there are positive signs for the town’s housing market. In 2013, more than 62 percent of the operating budget was funded by property taxes, according to him, compared to an estimated 58.7 percent in the tentative ’19 budget.

“We have 41 grants that we have been successful in receiving, and we have another 25 in the hopper,” Romaine said, of other revenue streams for the town. “So by attracting and aggressively going after grant money, we’ve been able to cut down on our dependence on property tax.”

The town’s proposed budget includes about $87 million in capital projects for 2019. About $58 million of those funds will be set aside for new capital projects with the remainder going to projects started in prior years. Brookhaven also received a $20 million grant as the winner of New York State’s Municipal Consolidation and Efficiency Competition.  

A public hearing on the budget is slated for Nov. 8 at 5 p.m. at Town Hall with expected adoption to take place Nov. 20.

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Brookhaven’s current pump-out boats are showing signs of wear and will be replaced. Photo by Kyle Barr

If you’ve ever seen a boat with a built-in toilet, the next question is inevitable: Where does that waste inevitably go?

Either the waste goes straight into the Long Island Sound or surrounding harbors or boaters call the Town of Brookhaven’s pump-out boats, a service provided by the town for free, to suck out the waste, according to Karl Guyer, a senior bay constable for Brookhaven.

At Brookhaven town’s Sept. 13 meeting the board voted unanimously to purchase two new pump-out boats — one for Mount Sinai Harbor and one for Port Jefferson Harbor. The total cost for both boats is $92,500 with $60,000 of that amount coming from state aid in grant funding from the New York State Environmental Facilities Corporation. The town is supplying $32,500 in matching funds from serial bonds, according to town Councilwoman Jane Bonner (C-Rocky Point).

The town operates four pump-out boats, including two on the South Shore and two on the North Shore, which are located in Port Jeff and Mount Sinai harbors. All these boats were purchased in 2006, and Guyer said it was time all of them were replaced. The two on the South Shore were replaced this year, and the North Shore boats will be replaced early in 2019, according to Guyer.

“They’ve been in service for quite a number of years and they’re at the end of their life span,” Guyer said.

The pump-out boat in Port Jeff Harbor is showing signs of long use. The paint on the boat’s deck has been worn down by years of work, and there are cracks showing in some of the plastic hatches around the boat. William Demorest, the bay constable for Port Jeff Harbor, said the new boats will be made from aluminum, which should give them a longer life span.

The pump-out boat service is widely used by the boaters in both harbors, and on a busy day town employees operating the boats can service hundreds of boats in a single day. People can call for a pump out by radioing the constable’s office on channel 73.

There is a manual boat waste pump in a barge inside Port Jeff Harbor, though the constable said 75 percent of the over 700 boats that come to port on summer weekends use the pump-out boat service. After the pump-out boats are docked for the winter, all North Shore boaters are required to manually pump out their own waste.

Bonner said these boats do a major service in cleaning out the tanks of many boaters, because dumping the waste into the coastal waters only adds to the islands growing water pollution problem.

“Not only would there be waste in the water but the nitrogen load would be crazy,” Bonner said. “It would take several tides to flush that out.”

All the water from Conscience Bay through Port Jefferson Harbor as well as the entire Long Island Sound is within mandated U.S. Environmental Protection Agency No-Discharge Zones, meaning it is illegal to dump any boat waste into the surrounding waters.

While Demorest said he hasn’t seen people dumping their waste into the water himself, he has heard reports of it being done. He said he believed the vast majority use the free pump-out service.

“If we don’t see it, there’s nothing we can do about it,” he said.

Many areas of the North Shore are experiencing waves of hypoxia, an increase of nitrogen in the water that deprives sea life, both plants and animals, of oxygen. During a press conference Sept. 25, co-director of the Center for Clean Water Technology Christopher Gobler and other researchers from the Long Island Clean Water Partnership concluded there were cases of harmful algae blooms in harbors from Mount Sinai all the way to Huntington, another symptom of excess nitrogen in the water. Most of that nitrogen has come from cesspools and septic tanks from people’s homes slowly leaking into the surrounding waters.

The boats usually operate Friday, Saturday and Sunday mostly by high school and college-aged summer employees, according to Guyer. The pump-out boat service ends on Columbus Day, Oct. 8.

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Port Jefferson's stop on the Long Island Rail Road. File photo by Erika Karp

An idea decades in the making could take a major step forward by the end of 2018.

It still may be years before electrification happens, if it ever happens at all, but momentum is building toward funding being secured for a study determining the feasibility of electrifying the Long Island Rail Road on the Port Jefferson line from Huntington to the stations east by the end of this year.

Mitchell Pally, the Suffolk County representative on the Metropolitan Transit Authority’s board of trustees, said the LIRR has already appropriated funds to support the study, adding state Sen. Ken LaValle (R-Port Jefferson) has also succeeded in appropriating state funds toward the plan.

“The support of the communities involved is essential to making this work,” Pally said in an interview. “The railroad is very supportive.”

Community support for exploring the possibility of electrifying the line, which currently allows trains to run on diesel fuel east of Huntington, has been building in recent years, although the idea has been on the radar for North Shore residents at least as far back as the 1980s.

Anthony Figliola, an East Setauket resident, former Brookhaven Town deputy supervisor and vice president of Empire Government Strategies, a company that provides strategic counsel on governmental relations and practices to municipalities, has been leading a community coalition advocating for a feasibility study for about the last year, he said. The group, which Figliola said has been informally calling itself the North Shore Business Alliance, has been lobbying elected officials and community organizations like civic associations and chambers of commerce throughout the relevant territories in an effort to build public support for and attention on the idea. Figliola said he hopes the funding for a study will be in place by the end of the year. The study is expected to cost approximately $12 million, he said.

“It’s ripe, the community wants it,” Figliola said. “We’re very grateful for all that Mitch is doing to advocate on behalf of this.”

Figliola identified Charlie Lefkowitz, vice president of the Three Village Chamber of Commerce and real estate developer, as one of the other community members leading the charge for electrification.

“It’s a long time coming,” Lefkowitz said of progress on the feasibility study. “It was a collaborative effort on many fronts. The direct beneficiaries of it will be the communities.”

The study would examine how much faster trains on the North Shore line would reach Penn Station in Manhattan with electrification from Port Jeff, select a new rail yard to house the electric trains among other logistical particulars. Currently, the LIRR rail yard is off Hallock Avenue in Port Jefferson, though several officials have indicated electrification would require the relocation of that yard and the Port Jeff train station. The former site of Lawrence Aviation Industries has been suggested as a possible new rail yard and train station.

On April 4 Huntington Town Supervisor Chad Lupinacci (R), Brookhaven Town Supervisor Ed Romaine (R) and Smithtown Town Supervisor Ed Wehrheim (R) sent a joint letter to the New York State Legislature’s Long Island delegation to express their support for the feasibility study due to potential economic and environmental benefits. They cited that the Port Jefferson and Huntington branch lines have the highest ridership, about 18.7 million annually, of any line in the LIRR service territory, according to the most recent LIRR Annual Ridership Report released in 2015. Figliola said his coalition had lobbied for the support of the three supervisors.

“I think it has legs,” state Assemblyman Steve Englebright (D-Setauket) said of electrification. “It’s such a good idea that I think it should happen.”

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

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

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

To recycle or not: Tips  on handling your trash

By Kyle Barr

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

— Russell Barnett

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

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

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

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

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

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Three Village Civic Association held a forum Sept. 4 during which Brookhaven Councilwoman Valerie Cartright, Rich Johannesen, Mary Ann Johnston and Anthony Figliola weighed in on an upcoming referendum in Brookhaven. Photo by Alex Petroski

Brookhaven Town has taken steps to change laws pertaining to terms of office for elected officials, but civically minded citizens are discussing it before jumping on board just yet. The Three Village Civic Association hosted a forum Sept. 4 at Emma S. Clark Memorial Library featuring four experts to discuss the proposal, which will appear on November’s ballot in the form of a referendum to be passed or failed by Brookhaven voters. Audience members came from as far afield as Medford and Patchogue.

The speakers included 1st District Councilwoman Valerie Cartright (D-Port Jefferson Station); Rich Johannesen, a veteran of local politics considered an expert in governmental workings, who helped lead a citizens initiative to establish council districts in the town more than 15 years ago; MaryAnn Johnston, president of the Affiliated Brookhaven Civic Organizations who also has seen more than her fair share of political races and policy discussions; and Anthony Figliola, former Brookhaven deputy supervisor and vice president of Empire Government Strategies, a company that provides strategic counsel on governmental relations and practices to municipalities.

Brookhaven’s board voted unanimously Aug. 2 to establish a referendum on the ballot Nov. 6 asking town residents to weigh in on changes to terms in office for elected officials, specifically increasing terms from two years, as is currently the law, to four years for councilmembers, the supervisor and highway superintendent, which would put it on par with the other Suffolk townships. The referendum will have a second component as part of the same, single “yea” or “nay” question: limiting officials to three terms in office. That component would impact the above positions, as well as town clerk and receiver of taxes. Both components will appear as part of a single proposition, according to Town Attorney Annette Eaderesto. If passed the law would go into effect for terms beginning Jan. 1, 2020.

In 1993, residents voted to implement a limit of three terms of four years each on elected officials, though that law was no longer applicable following a 2002 public vote to establish council districts since state law dictates councilmembers in towns with council districts serve two-year terms, according to Emily Pines, Romaine’s chief of staff and a former New York State Supreme Court justice, who spoke during the Aug. 2 town hearing.

Some of the speakers at the Sept. 4 civic forum took issue with Brookhaven’s interpretation that the law of the town isn’t already limiting elected officials to serving three terms, calling on politicians to solicit an opinion from the state attorney general. Others pointed to language which could allow sitting board members to start their term clocks afresh, despite having served several terms already on the board, as particularly objectionable. Some suggested the referendum felt rushed saying, waiting a year would ensure full community awareness about the town’s intentions.

Below are some of the comments from the civic association’s invited guests in a session moderated by the civic’s Herb Mones:

Johannesen: “I’m going to be very clear — I oppose four-year terms. The longer we allow elected officials to serve without putting them before us, the more likely it is that they are going to become corrupt. I think if you look at the history of corruption in this town and you look at the history of corruption in this county, one of the reasons why our elected officials have gone south is because there were no checks and balances. There hasn’t really been the kind of political diversity we were hoping for.”

Johnston: “The founders thought it was good enough for our congressmen to be two years; the state constitution provides for our assemblymen and our senators to be two years. And if the problem is raising funds for political campaigns, then the issue isn’t the length of term, because we have no guarantee they’ll ever stop raising funds and do it continually for four years. This is what the voters want: We chose councilmatic districts and the Town of Brookhaven fought us tooth and nail all the way down the line. And now they’re telling us that the 1993 referendum that we enacted was repealed by council districts. That’s not true. We already have term limits. It can’t be repealed by implication.”

Figliola: “To be perfectly candid, whether it’s two years or four years, you can’t legislate human conduct. So, if people are going to be corrupt, they’re going to be corrupt. I think that’s what prosecutors are for. It’s very hard to get elected if you’re a challenger unless it’s an open seat. It’s possible … but it’s difficult. That doesn’t have anything to do with corruption. I believe term limits can help, they can’t completely stop it, but can help because it will open up an opportunity for citizen legislators to be able to run. What this will do is, this will say ‘you have consecutively or nonconsecutively three four-year terms and then you’re out.’”

Cartright: “As you all know, two town board meetings ago, I voted in support of putting this on the ballot for a vote. This has been something that me and my colleagues have been discussing for quite some time — at least four years or so. I think this is an important discussion that needs to be had. Am I advocating one or another? I am not. I understand both sides. My personal opinion is that for good governance, I do think that four years would be better than two years, based on my experiences.”

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Juvenile clams maturing in Brookhaven’s hatchery. File photo by Alex Petroski

By Alex Petroski

Restoring Long Island’s coastal waters as a haven for shellfish to thrive has been a multidecade battle for the Town of Brookhaven. This year, it has added some artillery to the fight in the form of a public-private-nonprofit partnership born in the spirit of sustainability and recycling.

In the 1800s, Long Island was considered the oyster capital of the world, according to Maureen Dunn, water quality scientist at Seatuck Environmental Association, a nonprofit dedicated to preserving Long Island’s wildlife and environment.

“So, to think that there’s virtually no wild oysters in the South Shore is incredible, but it’s really something that we can fix,” Dunn said Sept. 7 at Brookhaven’s shellfish hatchery located on the shores of Mount Sinai Harbor.

For more than 30 years, Brookhaven has been buying juvenile clams and oysters when they are just a millimeter in size, partially maturing them at the town’s hatchery and strategically returning them to North and South Shore waters in an effort to boost the population. Tom Carrano, the town’s assistant waterways management supervisor who has overseen this process since taking the position in the early ’80s, is set to retire imminently.

“Realistically, clams and oysters are the only natural resource the town actually owns because we own the bay bottom,” he said. “It’s our responsibility to make sure that there is sufficient quantities of these animals.”

To aid in fulfilling that responsibility, beginning this year the town has partnered with Seatuck and so far five restaurants to spearhead a program called Half Shells for Habitat. The program entails the restaurants setting aside shells from eaten clams and oysters; collecting them; delivering them to the town’s composting facility in Manorville where they are aged in the sun for six months to a year to ensure viruses and bacteria are not inhabiting the discarded shells; bringing the shells to the hatchery to allow the tiny shellfish to adhere to the larger shells, building what essentially amount to shellfish reefs; and then returning them to the water in the hopes of growing new shellfish. 

The town has the capability to grow more than 3 million shellfish in its hatchery per year, and officials believe the use of mature shells will give them a better chance at maturation and warding off predators. Creating the shellfish reefs has several other benefits. The juvenile shellfish require a hard bottom to survive, which the reefs can provide. They also can work as erosion control if placed properly, can counteract the effects of water acidification spurred by climate change and also help to filter algae from the water.

“As CO2 levels in the atmosphere go up, ocean and coastal acidification become more of a concern,” said Anthony Graves, Brookhaven’s chief environmental analyst. 

He said taking the shells out of the town’s solid waste stream and using them to improve water quality by staving off erosion and stimulating shellfish growth is a “win-win-win” for the environment.

“It’s tremendous how far we’ve come,” Carrano said, reflecting on the evolution of the operation of shellfish seeding in the town from when he started in his role. “When I started we were growing 100,000 clams. Now we’re growing a million and a half, close to 2 million clams this year and 2 million oysters. The town has been very generous and forthcoming in pushing this program and allowing it to move forward.”

Brookhaven Supervisor Ed Romaine (R) said he would like to see New York adopt a similar law to the state of Maryland’s, which prohibits discarding shells in landfills.

“We’ve made a major commitment to restocking our bays, our harbor ways, our Sound, doing what we can do to restore the balance of nature,” he said. “It’s a cumulative battle, but it’s a battle that we’ve joined, it’s a battle that we intend to continue to fight because we think it’s important not only for the health of the bay, but also to ensure that the bay or harbor can support clams and oysters.”

Currently five restaurants have signed on to participate in the program — Catch Oyster Bar in Patchogue, Prime in Huntington, H2O Seafood & Sushi in East Islip and Tellers: An American Chophouse in Islip — though the town is looking for more. Prior to placing shellfish reefs back in the water, Graves said the town will need permission in the form of a permit from the state Department of Environmental Conservation.

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Brookhaven unveiled new electric vehicle charging stations at Heritage Park in Mount Sinai Aug. 21. Photo by Alex Petroski

Brookhaven Town is hoping to inspire residents to ditch the gas pump for a greener alternative.

The town unveiled two new electric vehicle charging stations at Heritage Park in Mount Sinai Aug. 21, paid for through a grant from the New York State Energy Research and Development Authority and rebates from Long Island Power Authority. The stations cost $22,000 each, and Supervisor Ed Romaine (R) pledged that the town will install additional charging stations at various, strategically located town facilities during the next year, either through grants or using town funds. Members of the public with electric or hybrid vehicles are permitted to utilize the stations for a minimal charge, according to Romaine, just to cover the cost of the electricity.  The two stations can combine to give juice to four cars at a time.

“There’s a societal benefit in that these cars don’t produce smog, or pollution or hydrocarbons,” Romaine said. “The air quality on Long Island has consistently been rated as very poor. This is an opportunity for us to try to convince people who are thinking about electric to go electric.”

Brookhaven Councilwoman Jane Bonner, Supervisor Ed Romaine, and Councilwoman Valerie Cartright unveil new electric vehicle charging stations at Heritage Park in Mount Sinai Aug. 21. Photo by Alex Petroski

Romaine said the town currently owns one fully electric vehicle and about five hybrids in its fleet, and added the plan is to replace “aged out” high mileage cars with more hybrids and full electric vehicles during the coming year.

“I can’t tell you how excited and proud I am that these charging stations are in my council district in Mount Sinai at the Heritage Park,” Councilwoman Jane Bonner (C-Rocky Point) said. “Very often, in deciding to make that move in that direction you have to think in your mind, ‘Well where can I charge my car?’ If these are centrally located in convenient places, it’s a win for the consumer and it’s a win for the environment and the residents that live here.”

Councilwoman Valerie Cartright (D-Port Jefferson Station), who represents the neighboring 1st District, said she was proud to join her colleagues in the unveiling Tuesday.

“This is clearly a step in the right direction for the Town of Brookhaven as we move to reduce our emissions here in the town,” she said.

Similar stations to the ones placed at Heritage Park already exist at Moriches Bay Recreation Center and the town Parks Administration building in Centereach. The installs are part of a five-year capital plan spearheaded by Romaine called the Energy Efficiency and Sustainability Initiative, aimed to achieve a 50 percent reduction of greenhouse gas emissions in the town by 2020.

“We want to encourage the use of hybrids and electric vehicles,” the supervisor said.

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Town of Huntington, Northport-East Northport and Port Jeff school districts lose third-party lawsuits

Port Jefferson Superintendent Paul Casciano and Northport-East Northport Superintendent Robert Banzer. The two districts had legal challenges shot down by a judge Aug. 16 pertaining to property tax assessment claims made by LIPA. File photos

By Sara-Megan Walsh & Alex Petroski

A New York State Supreme Court judge has ruled Long Island Power Authority “made no promises” to the Town of Huntington, Northport-East Northport school district and Port Jefferson School District not to challenge the taxes levied on its power stations.

Judge Elizabeth Emerson dismissed the lawsuits brought forth by the Town of Huntington and the two school districts Aug. 16 which alleged LIPA broke a promise by seeking to reduce the power plant’s taxes by 90 percent.

“The court’s decision affirms our customers’ right to pay reasonable taxes on the power plants,” LIPA said in a statement from spokesman Sid Nathan. “We remain committed to reaching a fair settlement for both the local communities and our 1.1 million customers to put an unsustainable situation back on a sustainable path.”

Port Jefferson Power Station. File photo by Alex Petroski

The judge’s ruling is a big victory for LIPA as it allows tax certiorari cases to continue to trial, rather than being dismissed, and could have a widespread impact across Long Island for other municipalities with similar disputes against the utility.

“Obviously, we disagree with this decision and plan to appeal,” Northport Superintendent Robert Banzer wrote in a letter to district residents. “Please understand that Justice Emerson’s decision is not the end of our fight in this case.”

Port Jeff school district also responded to the development.

“While this decision is not the outcome the district was hoping for, we vow to continue to explore our options as we work to protect our school district’s financial future and the needs of our community,” the district said in part in a statement. “The district will work to keep the community apprised of any updates on the matter.”

In her 24-page decision, Emerson denied any notion that chapter 21, section 16 of the 1997 Power Supply Agreement signed by LIPA when it took over Long Island Lighting Company — which has been referred to as the 1997 Promise – was intended to benefit the school districts by preventing LIPA from challenging the tax-assessed value of its power plants.

Rather, she found it was to ensure other parties, including LILCO and GENCO, which owned the plants at the time, could not start initiating tax claims during the takeover process.

She also dismisses all claims that town governments or school districts were intended third-party beneficiaries of the contract.

“The Power Supply Agreement is clear and unambiguous and that it does not bestow any enforceable third-party-beneficiary rights on the plaintiff,” Emerson wrote.

The judge pointed to the PSA saying it “does not expressly name” either the town or school districts as a third-party beneficiaries.

“She applied contract law, not third-party beneficiary law,” said John Gross, the attorney representing Northport-East Northport school district. “That’s what we think she the mistake on.”

Gross said New York State law allows entities, like the school districts, to be recognized as third-party beneficiaries based on third-party conversations, letters, and promises. The school districts have filed thousands of pages of documents with the courts, according to Gross, that include official correspondence and records of conversations former LIPA chairman Richard Kessel had with school administrators and Huntington Town officials allegedly promising not to challenge the tax assessment of its power plants.

The judge ruled these “extra-contractual promises” made largely by Kessel “were gratuitious promises for which there was no consideration.” As such, the former chairman’s words “did not contractually bind LIPA.”

Gross said the school’s status as a third-party beneficiary “was wrongly decided.”

This recent decision could have large and profound impact not only on Huntington, Northport-East Northport and Port Jeff schools, but for all other municipal government and school districts that are LIPA’s power plants.

On Page 18 of her decision, Emerson wrote not only did the PSA contract not protect the Town of Huntington, Northport or Port Jeff school district taxpayers but “other similar situated school districts and municipalities.”

“This result was to a very large extent expected by the village, and that’s why the mayor and the board of trustees very early, initiated and drove settlement discussions with LIPA to resolve the issue,” Port Jefferson Village Attorney Brian Egan said.

The village board of trustees and Mayor Margot Garant in April passed a resolution approving “settlement concepts,” and the two sides are exchanging details of terms, expected to reach conclusion “at any time,” Egan said.

“When we’re a taxing jurisdiction and we’re going to subject ourselves to the back taxes on a longshot, that is not what we do with taxpayer dollars,” Garant said. “We have an obligation to not gamble, so to speak.”

“Please understand that Justice Emerson’s decision is not the end of our fight in this case.”

— Robert Banzer

Huntington town attorney Nick Ciappetta said the town plans to file an appeal of the judge’s decision.

“We believe there’s only one logical and legal way to interpret that provision,” he said. “That provision was there for the benefit of the taxpayers of Huntington.”

The town, Northport and Port Jefferson school districts will have 30 days to file an appeal once the decision is officially entered into court records, according to Ciappetta. He estimated an appeal of the decision could take 18 to 24 months.

“The decision does not affect the pending tax certiorari case between the Town of Huntington and LIPA scheduled for trial in December, nor do we expect it will impact the parties’ willingness to proceed with mediation,” Banzer wrote to the community.

Gross confirmed that Northport school district is still looking forward to sitting down for the first mediation session with the Town of Huntington, LIPA, National Grid  and third-party neutral attorney Marty Scheinman slated for Sept. 26.

Officials in Brookhaven’s Town Attorney’s office could not be immediately reached for comment, though the town has also said it is nearing a settlement in its case. Egan speculated settlements for municipalities attempting to resolve cases out of court might be held up by mediation in Northport and Huntington Town’s case.

This post was updated Aug. 17 to include a statement from Port Jefferson School District, and to attribute LIPA’s statement to Sid Nathan.

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Brookhaven is looking to increase it's cyber security through a state grant, but the town is not saying how. Stock photo

The Town of Brookhaven is looking to beef up its cyber security.

At the Aug. 2 Brookhaven Town board meeting councilmembers voted unanimously to apply for a $50,000 grant under the New York State Division of Homeland Security and Emergency Services Cyber Security Grant Program. If the town attains the grant, Brookhaven will use town funds under specified cyber security initiatives and seek reimbursement through the grant.

The grant will make $500,000 available for any county, town or village in the state at a maximum of $50,000 per entity. Other municipalities in Suffolk County such as the Town of Smithtown are applying for the grant.

According to the state grant application, the money can be used for a number of items, including hiring a cyber security consultant, software packages for items such as firewalls and encryption, new equipment such as servers or hardware used against cyber threats, and for staff training involving cyber security awareness.

Jack Krieger, communications director for Brookhaven Town, said the town does not comment on current or future cyber security measures when asked what the money might be used for.

In June 2017, the Town of Brookhaven’s website, among 76 other municipalities, was successfully hacked by what was described as a “pro-ISIS group.” ISIS is referring to the Islamic State of Iraq and the Levant, the group that took over parts of Iraq and Syria in 2014 and is now being pushed back by U.S.-backed Iraqi forces and the Syrian army.

The group, Team System DZ, created a static webpage using the Town of Brookhaven servers, but it did not affect the official Brookhaven website. A link was set up through town servers to a static, look-alike webpage.

Deputy Town Supervisor Dan Panico (R-Manorville) said at the time they did not see any information extracted from the servers. The town’s website was taken down temporarily but was restored within a few days.

Much emphasis has been put on cyber security by government officials of late, as it was revealed that Russia had made efforts to hack into Democratic National Convention servers during the run-up to the 2016 presidential election, taking information which was later released via several outlets including WikiLeaks, an international whistleblower organization. U.S. intelligence officials have warned that Russia is already attempting to influence the 2018 midterm elections through multiple electronic means including phishing scams that target people’s passwords and by setting up fake accounts on social media, according to Bloomberg News recently.

Meanwhile, the Suffolk County Board of Elections is also keeping tight-lipped about cyber security measures as Long Island and the rest of the country heads toward a heated midterm election taking place Nov. 6.

“The board generally doesn’t comment on its security measures because we understand that doing so could aid nefarious individuals in their attempts to exploit our voting processes,” said Republican board of elections commissioner, Nick LaLota, when asked about the board’s preparedness to ward off security threats.

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The site of McCarrick's Dairy in Rocky Point, which closed its doors in 2017, will become a 7-Eleven. Photo by Kyle Barr

The shuttered McCarrick’s Dairy, a fixture in Rocky Point for 71 years, might soon be bearing the green, white and orange colors of the ubiquitous 7-Eleven logo.

The Brookhaven Town planning board approved the plans for the new 7-Eleven at its July 30 meeting. The half-acre property, owned by Rocky Point based Dairy Farm LLC, at the northwest corner of North Country Road and Harding Street will be renovated to have 43 parking spots in front and behind the main building. Plans for the 3,800 square foot renovated structure are prohibited from including neon signage, and outdoor sales and storage in an effort to stay true to the residential nature of the area, according to recommendations by the planning board.

A number of residents view the new 7-Eleven as a major change from the old McCarrick’s Dairy, which they considered a small grocery store more so than a typical convenience store.

“A convenience store is something that is a grab-and-go,” Rocky Point resident Anita LoPiccolo said at the July 9 planning board meeting. “McCarrick’s was a family run, community supported business that encouraged community closeness.”

Charles Bevington, the president of the Rocky Point Civic Association, said he is concerned with how many convenience stores already existing in downtown Rocky Point. There are already two other 7-Elevens in the hamlet; one on the corner of Route 25A and Rocky Point Yaphank Road and another next to Westchester Drive.

“Rocky point is apparently drinking a lot of coffee,” Bevington said. “We will soon have 10 to 12 convenience stores in a matter of two miles.”

Kevin McCarrick, co-owner of McCarrick’s Dairy before it closed in 2017, said before they received an offer from 7-Eleven, they had been searching for another local business to take their place, but they could not find any potential buyers.

“We started out seeking those operators who had shops like ours, but unfortunately they are a dying off breed.”

— Kevin McCarrick

“We started out seeking those operators who had shops like ours, but unfortunately they are a dying off breed,” McCarrick said. “All kinds of stores sell all kinds of products now and it’s really diluting the product mix. It becomes very difficult to maintain margins.”

He said by not opening another shop similar to the old McCarrick’s, ultimately he was protecting the business of shops like Shop With Us in Shoreham and the Handy Pantry further down from McCarrick’s in Rocky Point.

“There is a difference between a 7-Eleven customer and a customer of those types of shops, and both those stores are doing better and will continue to do better with a 7-Eleven than even if we remained there,” McCarrick said. “It will probably do more business than our store used to do.”

Some residents were concerned about the safety and lighting at the location, citing the potential for crime and litter. McCarrick said the location already has two spotlights that light up the property as well as the adjoining residential park. The 7-Eleven will also have a 10- by 20-foot garbage enclosure and surrounding bushes and fences to prevent trash from blowing onto neighboring yards.

Some in the community are excited for the new 7-Eleven. Nancy Hoffman, a direct support professional at the Association for Habilitation and Residential Care Rocky Point residential group home facility located off Harding Street, said she and other workers at the home were looking forward to the opening of the new convenience store.

“We will be take some of the residents there, and it will just be more convenient,” Hoffman said.

McCarrick said they plan to start renovations on the store in about a month. Representatives from 7-Eleven said the location would be operated by corporate for an unspecified amount of time until they could find a person who would wish to franchise the store.

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