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New law closes loophole to permanently ban replacement of old, primitive cesspool technology to reduce nitrogen levels in water

Suffolk County Executive Steve Bellone, center, displays the new county law banning the updating or instillation of primitive cesspools and the technology associated with them, as he’s surrounded by local leaders and environmental group organizers during a press conference. Photo from Suffolk County Executive Steve Bellone’s office

Repairing old cesspools is now a thing of the past in Suffolk County.

As part of an ongoing effort to improve water quality on Long Island, Suffolk County Executive Steve Bellone (D) signed into law a ban on installing new cesspools, ending the practice of grandfathering inadequate
sanitary system fixes with the now-primitive technology.

“It marks another historic step forward in our ongoing effort to reverse decades of nitrogen pollution that has degraded water quality in our lakes, bays and harbors, and it is a step that is long overdue,” Bellone said. “It is fairly unusual for the local governments, environmental groups and the region’s largest builders group to agree on the importance of tightening up outdated regulations to protect water quality, but that is exactly what happened in this instance. This inclusive, collaborative approach is making a huge difference in our efforts to reduce decades of nitrogen pollution.”

Cesspools have been identified as primary sources of nitrogen pollution that have degraded water quality throughout Suffolk County, contributing to harmful algae blooms, beach closures and fish kills. The use of cesspools in new construction has been banned in the county since 1973, when a requirement for the addition of a septic tank was added, but the county sanitary code did not require that homeowners add a septic tank when replacing an existing cesspool, making it legal to install a new cesspool to replace an existing one. By now closing this loophole, it will advance the water quality efforts undertaken by the county and set the stage for the evolution away from the use of nonperforming cesspools and septic systems to the use of new, state-of-the-art technologies that reduce nitrogen in residential wastewater by up to 70 percent, according to Bellone.

“With this action, I would like to say that we, as a county, have adopted the policies necessary to adequately address our region’s nitrogen pollution problems, but in reality, this gets us closer to where we should have been in the decades following 1973,” said county Legislator Kara Hahn (D-Setauket), a co-sponsor of the Article 6 revisions and chairwoman of the Suffolk County Legislature’s Environment, Planning and Agriculture Committee. “I look forward to continuing the process of finally bringing Suffolk County’s sanitary code into the 21st century.”

In addition to banning the installation of new cesspools, the law approved by the Suffolk County Legislature Dec. 5 requires the wastewater industry to provide data regarding system replacement and pumping activities to the Department of Health Services beginning July 1, 2018. It also mandates permits for replacement of existing systems effective July 1, 2019, and requires business properties with grandfathered nonconforming wastewater flows to install nitrogen-reducing advanced systems if making significant changes to the use of the property.

Adrienne Esposito, executive director of Citizens Campaign for the Environment, joined forces with other environmental group leaders in thanking the county for what was a necessary step in eliminating nitrogen from groundwater.

“We can no longer allow inadequately treated sewage to mix with our sole source of drinking water,” she said. “Modernizing our health codes is a commonsense action that is critically needed for water protection.”

Richard Amper, executive director of the Long Island Pine Barrens Society, said he was overjoyed by the “huge step,” ending pollution by what he called Suffolk’s No. 1 threat to clean water.

“Now, we’re not just complaining,” he said. “We’re doing something about it.”

For the past three years, Suffolk’s Legislature has instituted a pilot program to test the new technologies, using a lottery system to select homeowners willing to have a donated system installed to demonstrate system performance. Under the pilot program, a total of 14 different technologies have been installed at 39 homes throughout the county. Four have been provisionally approved for use after demonstrating six months of acceptable operating data. As part of continued efforts, a voluntary Septic Improvement Program, the first of its kind in the state, was launched in July 2017 to provide grants and low-interest financing to make the replacement of cesspools and septic systems with new innovative/alternative technologies affordable for homeowners who choose to upgrade their systems. Over the first five months, nearly 850 homeowners have registered for the program, 228 have completed applications and 160 have been awarded grants and are moving toward installation of the new systems.

Suffolk County was the first in the state to apply for funding from New York State’s newly created $75 million Septic System Replacement Fund and will use the funding to expand its efforts to see the new technologies installed throughout the county.

The changes are the first in what is expected to be a series of updates to the county sanitary code over the next several years as county officials consider whether to put in place policies that require new nitrogen-
reducing systems in new construction projects, require installation of the new systems when a cesspool or septic system fails and needs to be replaced, or upon sale of a property. For now, all parties involved are on the same page moving forward, including both a working group comprised of county legislators, town planners and engineers with members of environmental organizations, as well as the Long Island Builders Institute.

“There is more work to do,” said Kevin McDonald, conservation finance and policy director for The Nature Conservancy on Long Island. “But passage of this bill means less nitrogen pollution in our water, and more resilient, healthy bays and people for generations to come.”

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A look at Port Jefferson Harbor from the Village Center during Winter Storm Grayson as blizzard-force winds and more than a foot of snow pound the coast in January, 2018. File photo

Winter Storm Grayson arrived early Jan. 4 and pounded Port Jefferson, and the surrounding areas to the tune of more than 16 inches of snow.

The storm was officially categorized as a blizzard by the New York office of the National Weather Service, with sustained winds or frequent gusts greater than 35 mph, “considerable” falling and blowing snow, visibility of less than a quarter of a mile and more than three hours of duration. Port Jefferson Village Mayor Margot Garant, Brookhaven Town Supervisor Ed Romaine (R), Town of Huntington Supervisor Chad Luppinacci (R), Suffolk County Executive Steve Bellone (D) and New York Gov. Andrew Cuomo (D) declared states of emergency for each of their respective jurisdictions.

“This storm was actually worse than predicted for us,” Bellone said during a briefing Jan. 5. “We saw up to 16 inches of snow in certain parts of the county. This was, as we discussed, a very difficult and challenging storm because of all the conditions — high rate of snowfall, very rapid rate and high winds. It made it very difficult. I want to thank all of those who heeded our calls to stay off the roads yesterday. There were far too many people on the roads. The result was hundreds of motorists ended up stranded.”

Based on unofficial observations taken Jan. 4 and 5, the highest snowfall total reported by the New York NWS office was in Terryville, where 16.4 inches of snow fell during the storm. Suffolk County appeared to take the brunt of Grayson’s wrath according to the NWS data, not only in actual snowfall, but also as the home to the highest wind gusts in the state during the storm, with gusts exceeding 60 mph.

Despite the substantial snowfall totals, Main Street in Port Jeff Village was up and running and open for business Friday morning, according to Garant, who said the village’s Department of Public Works did an “A++” job in an email.

“We have a good system and a great team in place,” she said, adding she was thrilled with how quickly village streets were passable. “The community really makes this possible for us by staying home and avoiding parking on the snow emergency streets.”

Steve Gallagher, the village’s DPW superintendent, said 22 village DPW employees worked using nine trucks equipped with plows and nine trucks with both plows and sanders to clear the streets. He estimated the village used between 150 and 200 tons of salt and sand mix to mitigate the impact of road and sidewalk icing. He reiterated Garant’s point that cooperation from the public is critical in returning the village back to business as usual following a storm.

“Village roads were passable at all times thanks to the dedication and commitment of the men in the DPW,” he said. “People staying off the roads and not parking in the streets would help expedite the clearing of the roads and allow a better job.”

PSEG Long Island reported 97 percent of the 21,700 of its customers who lost power as a result of the storm had their service restored by 9 p.m. Jan. 5.

“Our goal, always, is to restore power as quickly and safely as possible,” a spokesperson for the utility said in a press release. “We ask our customers for a fair amount of patience and to know we will be there just as soon as it is safe.”

The storm came in the midst of a record-setting stretch of below freezing temperatures, according to the NWS. A streak of 13 straight days with a maximum temperature below 32 degrees Fahrenheit measured at Long Island McArthur Airport in Islip was snapped Jan. 9. The 13-day duration was the second longest period of below freezing temperatures reported at the airport since 1963.

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Hans Wiederkehr, a former NFL player, decided to leave his playing career behind to coach high school football at Babylon for 15 years. Photo from Hans Wiederkehr

T.J. Lynch grew up without a father. With no direction or motivation, all he knew was that he enjoyed playing football. Hans Wiederkehr, the head coach at Babylon High School at the time, struck up a relationship with Lynch like he had with many players before him. He would pick up the athlete early in the morning to make sure he was going to school, take him to the weight room and speak to him about the potential he saw.

“He was the biggest positive influence in my life,” the 1998 graduate said of Wiederkehr. “He was a very caring man, and he guided me. He showed me how to train, breathed words of encouragement and wisdom about life into me and lifted me up. He made you want to be better on the field and in the classroom. He got you excited about life.”

Hans Wiederkehr coaches from the sideline. Photo from Hans Wiederkehr

Relationships like the one Wiederkehr had with Lynch are what the soon-to-be Suffolk County Sports Hall of Fame inductee had hoped for when he decided to trade in an NFL career for a high school coaching gig back in 1988. Making a positive impact on someone’s life drew him from the gridiron to the sideline, and as a result he’ll hold a special place in Suffolk’s athletic history.

The Shoreham resident was born in Connecticut and played for East Lyme, graduating in 1981. He competed in the state championship his senior year, and after receiving multiple offers to play at the next level, decided to commit to Syracuse University on a scholarship. The 6-foot, 4-inch 322-pound offensive lineman played under defensive coordinator George O’Leary, a Central Islip native who went on to coach at his alma mater, and eventually with the San Diego Chargers and Minnesota Vikings. While leading Central Islip, O’Leary mentioned to Wiederkehr, who had a physical education degree, that if things didn’t work out with the Pittsburgh Steelers, where he was on the injured reserve list following college, that a teaching job and eventually head coaching position would be available at Babylon. While rehabbing, he spent a year as an assistant at Babylon under 20-year head coach Tom DiNuovo, which is where he caught the coaching bug. He returned the following year and took over the helm when DiNuovo retired.

“Probably the most enjoyable part of coaching is teaching a kid something that he really doesn’t think he can do, and then looking into his eyes after he completes something and say, ‘I told you so,’ that’s the biggest kick I get out of coaching,” Wiederkehr said. “You work with kids who are there because they really love the game, and I fell in love with coaching. I decided this is what I want to do.”

The head coach, who went on to enjoy a 15-year career, said he wanted to pay it forward, giving to others what coaches had given to him. When he was a sophomore in high school, his parents moved to Schenectady, but he wanted to stay in Connecticut because he saw potential in his team. Head coach Tom Smyth opened up his home to Wiederkehr and let him live with him until he graduated.

“He was the biggest positive influence in my life. … He got you excited about life.”

— T.J. Lynch

“He was a lead figure in my life next to my dad,” Wiederkehr said of Smyth. “I wouldn’t be where I am if it wasn’t for him. He got my name out there and opened up the doors for me. It’s unbelievable the pedigree of coaches that I’ve had, and all those guys have one thing in common — they preached outworking your opponent.”

While at Babylon, Wiederkehr amassed a 99-41-2 record, good for a 0.70 winning percentage. The Panthers reached the playoffs 12 times and won nine league titles under his guidance, going on to play in nine Suffolk County finals, winning five, followed by two Long Island championships. He coached alongside Rick Punzone, his defensive coordinator, and the pair of 25-year-olds led the team until Wiederkehr retired in 2002, leaving the team in the hands of
Punzone, who has now been the head coach at Babylon for 15 years.

“With his experience we had very successful teams,” said Punzone, the godfather of one of Wiederkehr’s daughters, who considers the coach a best friend of his for the last 28 years. “He’s a brother to me. He was professional, and always gave me free reign over the defense. We weren’t always the most talented but he got the most out of the kids, which is why we were always known as one of the tougher schools around. It’s because of his leadership, work ethic and organization.”

Wiederkehr left coaching to focus on his daughters, and eventually went on to coach his son in youth programs at Shoreham-Wading River.

“He stopped to watch my sisters develop,” his son Ethan Wiederkehr said. “It just shows you what type of person he is. He’s a family first type of guy. He’s not selfish, he cares about others and he’s a humble person. It’s been amazing to call him my father.”

One win shy of the coveted 100, Hans Wiederkehr left the helm of Babylon to work with youth in Shoreham-Wading River school district, including his son Ethan, above at a county awards dinner with wife Karen. Photo from Hans Wiederkehr

Punzone also noted Hans Wiederkehr’s work with and attention to detail regarding his position as president of the Suffolk County Football Coaches Association.

“He’s taken our association to the next level,” he said. “I’m a coach in the association and we’ve never had as good a leadership as we’ve had under his reign.”

Joe Cipp Jr., the head coach at Bellport for the 31 years, who has collected his own 202-84-3 record and been a coaching friend of Wiederkehr’s over his entire career, said he took on being president the same way he tackled anything else in his life, giving it 100 percent.

“He puts a million hours in, just like he does with coaching, without getting paid,” Cipp said. “I could say he puts in 150 percent of the effort, but there’s no such thing. He makes the football awards dinner something special to the kids in Suffolk County. He does a tremendous job, and it speaks to the type of person he’s been his whole life. And as a coach, he was able to demand tremendous [effort] of his kids and still be well-liked. It’s the best combination you could be.”

Wiederkehr is one of 11 honorees selected for the hall of fame out of 32 nominees. According to Section XI Executive Director Tom Combs, who was a head coach at Babylon’s rival Harborfields for 13 years, his former opponent is the first to get into the hall of fame his first time being nominated.

“It says a lot about what a good man he is,” Combs said. “It’s very competitive, especially their first time on the ballot, and Hans is just a great coach and mentor to a lot of people. His teams were always very well
prepared and it usually came down to our two teams for the head of our division. There were some fierce battles. He’s a hard-nosed guy but the kids loved that discipline and direction that he provided. You could see he motivated the kids, and they loved him.”

Hans Widerkehr with former players. Photo from Hans Wiederkehr

He added that giving up reaching the monumental 100 wins once again shows how he’s always willing to put others before himself. He eventually became an assistant coach to the Shoreham-Wading River varsity team under head coach Matt Millheiser. His son Ethan was part of two undefeated seasons and three straight Long Island championships. The 6-foot, 5-inch 273-pound offensive lineman accepted a scholarship to play at Northwestern University after winning the Bob Zellner Award, presented to Suffolk’s top lineman. He has aspirations of going pro.

“I fell in love with the team aspect of it, the relationships you build with your teammates and extend your family,” Ethan Wiederkehr said. “It’s hard to pinpoint any one thing since he taught be so much, but through hard work and dedication you can accomplish almost anything. I’ve learned to push through difficult obstacles to gain success. There was ups and downs having him in the sideline, but looking back now it’s been a blessing to have him by my side. He’s developed me as a person and an athlete through our experiences together on the field.”

Ken Gray, whose multisport standout son Chris played under Wiederkehr, remembered the first time he met the coach.

“Parents want their kids to win, and he was about teaching them about not always wining at an early age and expanding the program,” said Gray, whose son started playing football at 5 years old. “Shoreham-Wading
River wasn’t a big football community, and I’d say over 10 years he did a pretty good job of developing a pretty good program. I think that’s a result of Hans’ commitment to the community and the kids.”

Babylon athletic director Michael DeJoseph, was one of several who along with Cipp, wrote letters of recommendation for Wiederkehr to be inducted. DeJoseph said he was not at all surprised when he heard the news but, like many, said he wasn’t aware he’d been selected, because the coach remains humble.

“Probably the most enjoyable part of coaching is teaching a kid something that he really doesn’t think he can do, and then looking into his eyes after he completes something and say, ‘I told you so.'”

— Hans Wiederkehr

“It’s beyond well deserved,” said DeJoseph, who was hired by Wiederkehr as a teacher and coach of the junior varsity team, and eventually worked his way up the ladder. “He really cared about the kids, and he showed me and the players blueprints for success. As impressive he is as a coach he’s probably more impressive as a father, husband and family man. He’s a community guy who cares for others.”

Former athlete Drew Peters, a 2002 graduate, also said he knows about his former coach’s devotion firsthand. He played on the varsity team all four years of high school and said he and all of Wiederkehr’s players felt like he cared about him.

“He treated you like you were one of his kids,” he said. “When you’re on a team of 30-plus kids, every one of you felt very special to him, and I think that’s what made you play even harder. He had that father-like figure to everyone on the team and we always wanted to do our best for him.”

Peters spoke of his coaches sacrifices, saying Wiederkehr would drive from Shoreham, even during the winter months, to pick up his athletes at 6 a.m. and take them to the weight room before school started. He said he’ll never forgot how the man with three children would sacrifice his own time to come to each one of his teammates houses to pick them up. He became so close with so many of the players, he even attended
several of their weddings, including Peters’.

“He teaches you a lot more than just the sport, he prepared us young men to go through the struggles that you’ll face in life,” he said. “My senior year we lost in the Long Island championship and it was a tough game for us, but there was a controversial penalty that I was involved in and he took me under his wing after the game and said, ‘Hey, if this is the worst thing that’s ever going to happen to you in life, losing a football game in high school, then you’re going to have a pretty good life.’ And I just remember that being something that obviously at the time was very upsetting but it’s true, it was a game that was very important to everybody, but he definitely had a way of putting things into perspective.”

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Suffolk County District Attorney Tim Sini is read the oath of office by Sen. Chuck Schumer during Sini's inauguration Jan. 2. Photo by Alex Petroski

Though calendars and thermometers will provide unmistakable evidence that spring is still several months away, new hope sprung eternal in Suffolk County Jan. 2.

Tim Sini (D) was officially sworn in by U.S. Sen. Leader Chuck Schumer (D-New York), the Senate minority leader, to begin his tenure as Suffolk County’s District Attorney, a position Sini captured with a 26-point landslide Election Day victory over his Republican opponent Ray Perini. Sini officially assumed the vacated position Tuesday, left open by his retired and federally indicted predecessor Tom Spota (D), during an inauguration ceremony at the Brentwood campus of Suffolk County Community College in front of town and county elected officials and friends and family of the new DA.

Suffolk County District Attorney Tim Sini shakes hands with Suffolk County Executive Steve Bellone after he was sworn in Jan. 2. by Sen. Chuck Schumer, center. Photo by Alex Petroski

Sini campaigned on restoring public faith to a position and office now synonymous with controversy and accusations. Speakers including County Executive Steve Bellone (D), former U.S. Attorney for the Southern District of New York David Kelley and co-chairman of Sini’s campaign and transition team, and the newly inaugurated DA himself each referred to his responsibility in restoring that faith as a primary objective during his time on the job.

“The prosecutor’s mission at its core is not to seek convictions, but to seek justice,” Bellone said. “It is like many things that this person of deep faith believes to his core. Unfortunately in Suffolk County for too many years and in too many instances this truth has been overshadowed by self-dealing and chicanery. I can tell you with certainty, with as much certainty as one individual can hold, that this chain is broken today — that a new era of integrity in the Suffolk County District Attorney’s office has begun.”

Though their time in the Eastern District of New York didn’t overlap, Kelley served at the head of the U.S. Attorney’s office, where Sini was an assistant U.S. Attorney before returning to Suffolk, where Bellone would eventually appoint him Police Commissioner. During his remarks, Kelley cited a quote from a 1935 Supreme Court decision in which members of the court took a prosecutor to task for his conduct, indicating the quote was particularly relevant for Suffolk County and should remind Sini of his duties ahead.

Suffolk County District Attorney speaks about moving the office forward into the future during his inauguration ceremony Jan. 2. Photo by Alex Petroski

“The prosecutor is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution, is not that it shall win a case, but that justice shall be done,” Kelley recited from the court’s findings. “As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.”

The theme of Sini’s message during the ceremony was to look forward.

“Today marks the beginning — marks the moment that together, we usher in a new era of criminal justice in Suffolk County, one that ensures public safety, champions the law and promotes faith and trust in our law enforcement agencies,” he said. “Each and every day the public will know that the Suffolk County District Attorney’s office is doing the right thing.”

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Suffolk residents are suing the county, overseen by Executive Steve Bellone, for what they deem to be illegal fees. File photo

By Kevin Redding

An upstate New York legal group that helps residents stand up against improper actions by their government recently set its sights on Suffolk County, whose hike in illegal fees in the past two years is the focus of a class-action lawsuit.

On Oct. 24, the Government Justice Center, an Albany-based nonprofit that offers pro bono representation to New York residents seeking to “fight city hall,” filed a lawsuit in state Supreme Court on behalf of five Suffolk County residents against the county, saying its abundance of assessment fees are “unauthorized taxes.”

The plaintiffs — homeowners living in Melville, Kings Park, Commack, Calverton and Shirley — face increasingly expensive fees for filing real estate documents, namely tax map verifications, which raked in $66 million this year, that far surpass the county’s operating budget of $1.2 million to perform the transactions through its Real Property Tax Service Agency, the suit alleges.

Between 2015 and 2017, mortgage recording fees and tax map verification fees imposed by the county jumped from $60 to $200 per land parcel, with an additional $300 slapped on for every mortgage recording instrument used. The revenue from the fees contributes to the county’s general fund.

According to the complaint, the county passed legislation to enforce these “backdoor taxes” on a certain subset of residents — in this case, homeowners — to bear the county’s burden as it was “unwilling to rein in its spending or face the political consequences of raising taxes to pay for general fund expenses.”

But, under state law, local fees are not allowed to exceed the cost of service or be used
to offset the revenue of government functions.

The homeowners are now calling on the county to stop imposing the illegal fees or at least reduce them to more closely match the $1.2 million service cost, and to refund them a portion of the real estate document fees. The county is currently being subpoenaed.

“It’s important that residents get the opportunity to have their voices heard,” said Cameron MacDonald, the executive director of the GJC. “The county is not supposed to be raising revenue through unauthorized taxes in the form of excessive fees. They need to either pass a tax that affects everyone or cut its spending.”

Ahead of the Suffolk County Legislature’s budget vote for 2018, which passed Nov. 8, MacDonald said he and his group called on legislators, to no avail, to eliminate a total $102 million in fees that generate revenue above the cost of the departments that collect them.

Mike Armstrong, the director of field operations for Reclaim New York Initiative, a nonpartisan group with representation on the GJC’s board which launched the Fight the Fees campaign to end illegal fees across the state, has been active in gaining public support of the lawsuit.

Armstrong compared the gradual increase of fees on taxpayers to “the difference between getting small cuts on your arm to having it chopped off entirely.

“The county talks about wanting to keep people here while they’re pushing them out the door with fees and taxes,” Armstrong said, adding that while tax increases are never popular, it’s at least honest compared to these fees. “I feel bad for young couples who want to buy a house that are now paying that mortgage fee. I feel bad for senior citizens who are closing out their mortgages and then are faced with an  exorbitant fee. It’s an issue that’s impacting people in a really dramatic way.”

During a vote last December to adopt the 2017 county budget,  Presiding Officer DuWayne Gregory (D-Amityville) defended the fee increases, saying residents will not leave Suffolk County because of a few additional hundreds of dollars.

“I don’t think anyone is going to move to Florida, Virginia, North Carolina, Arizona or anywhere else because of $300,” Gregory said regarding the verification fee. “I think it’s going to cost more to relocate than the
increase in this fee.”

Among few voices of opposition on the Legislature is Rob Trotta (R-Fort Salonga), who, during the meeting to adopt the 2017 county budget, called it “death by a thousand knives.” He warned of an inevitable deficit in the county’s budget.

“The mismanagement of Suffolk County is heading us down the path of bankruptcy,” Trotta said. “They’re going to lose the lawsuits and they’re going to have to refund the fees and stop spending money. There’s going to be a huge hole in the budget no matter what.”

Jason Elan, a spokesman for County Executive Steve Bellone (D), addressed the lawsuit in an emailed statement.

“This is a politically motivated lawsuit filed by Albany insiders who lack any understanding on how government costs are apportioned, yet have no problem saddling taxpayers with the cost of fighting this completely frivolous complaint,” Elan’s statement read.

The state supreme court has since ruled similar fees in Nassau unconstitutional.

“This is a major victory for taxpayers, homeowners, businesses and any New Yorker who has been forced to pay an illegal fee,” Reclaim New York said in an email. “Every government around the state should get the message loud and clear. Nassau and Suffolk legislators have knowingly been stealing from residents with illegal fees ­— it’s theft. It is time to end illegal fees across New York.”

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Suffolk County sheriff-elect, Errol Toulon Jr. and his wife Tina. Photo from Toulon

By Kevin Redding

On the Saturday before Easter in 2003, Suffolk County sheriff-elect, Errol Toulon Jr. (D) sat in the den of his Lake Grove home and said to God, “If you give me a chance, I’m going to do something great.”

Toulon, who had dropped from 240 pounds to about 140 and could barely walk, was recovering from a Whipple procedure to remove a cancerous tumor on his pancreas. It had been his second battle with cancer in less than 10 years — in 1996, he was diagnosed with Hodgkin’s lymphoma — an ordeal that was followed by MRSA, a type of staph infection, and pneumonia. Doctors and family members expected the worst.

A year later, in the spring of 2004, the Rikers Island corrections officer-turned-captain enrolled at Suffolk County Community College. He went on to receive his master’s degree in business administration from Dowling College and an advanced certificate in Homeland Security management from Long Island University.

Toulon, left, as a bat boy at Yankee Stadium, pictured with Yankees legend Reggie Jackson. Photo from Toulon

In the midst of his appointment as deputy commissioner of operations for the New York City Correction Department in 2014, Toulon pursued and completed his doctorate in educational administration and took leadership courses at the John F. Kennedy School of Government at Harvard University.

On Dec. 4, after a last-minute campaign to be Suffolk County sheriff against opponent Larry Zacarese (R), Toulon, 55, became the first African-American elected official in a nonjudicial countywide position in Long Island’s history.

“I still don’t think I’m finished to be honest with you,” Toulon said, laughing. “I am very fortunate and I don’t take any day for granted.”

He said he didn’t even know the landmark aspect of his victory until the counting of absentee ballots was close to being completed. The race was too close to call after Election Day Nov. 7, leaving the tightly contested election hanging for nearly a month.

“I think that can help to show that any individual, no matter what ethnicity or gender, can achieve anything they want,” Toulon said. “But I don’t think, necessarily, the color of my skin will matter at all. I think my work experience and work ethic will show that those who voted for me made the right choice, and I think those that didn’t vote for me will feel I can do the job and have the best interests of the people.”

Those closest to him said despite the odds stacked against him, Toulon’s win makes perfect sense.

“He’s a rare breed of person — you couldn’t ask for a better man for the position,” said Ralph Grasso, a retired New York Police Department officer and friend of Toulon’s for 26 years. “Anything he puts his mind to, he achieves.”

Grasso was far from the only colleague to heap praise on the sheriff-elect.

“Errol’s always shown through his actions how great a leader he is,” said Keith Taylor, who worked with him in the department of corrections for two years. “When it came to officers who were victims of inmate violence, he always made sure to visit them in the hospital, and always without any fanfare. He’s dealt with a lot of adversities and always handles them with dignity, grace and strength.”

Meg Malangone, a registered Republican in Lake Grove who works in the business office at TBR News Media, said Toulon is the first Democrat she’s voted for in 40 years.

“Not only is he one of the most incredible individuals I know, I honestly felt he was the best man for the job,” said Malangone, whose son was friends with Toulon’s sons growing up. “Errol is a wonderful human being. He is a strong, kind, smart and gentle man. He is not afraid to make tough decisions and is thoughtful in his approach to problems and solutions. He is going to be a fantastic sheriff for Suffolk County.”

When he officially starts his new job in January, Toulon said he’s determined to manage the sheriff’s office effectively and utilize skills from his career in corrections to tackle what he considers “the big three”: gangs, the opioid crisis and working with the community to develop a strong re-entry program for those incarcerated to help with housing and jobs when they leave the jail. He said outgoing Sheriff Vincent DeMarco (C) has given him a tour of the facilities, he’s met with staff and he looks forward to working collaboratively with district attorney-elect, Tim Sini (D).

“There is nobody with the type of integrity he has,” said Keith Davies, Toulon’s campaign manager, who was admittedly nervous to start a full-fledged race two months before the election with a candidate he didn’t know. “But then I got to know Errol and I knew I was working for someone that is the right person to be in the position. He kept us motivated and working hard. He’s a good man.”

“There is nobody with the type of integrity [Toulon] has.”

— Keith Davies

Despite his lifelong career in law enforcement, Toulon said the reason he thinks he was elected, and had such large support from community members on both sides of the aisle, can be traced to his second life as a coach of various sports in the last 20 years.

An avid hockey fan who even created a program around the sport within the corrections facility, Toulon coaches ice hockey at the Long Island Gulls Amateur Hockey Association in Jericho and served as a roller hockey coach at The Sports Arena in St. James. He has also coached baseball for the Sachem Youth Advisory Group; soccer for Middle Country Children’s Soccer League; and basketball for Middle Country.

“I’ve tried to make sure it wasn’t about winning or losing with the kids,” Toulon said. “I thought that even the kid who probably wasn’t the best person on the team should’ve gotten an opportunity to play. We won or lost together. A lot of parents asked me to be their child’s coach each season and I felt very honored by that.”

But Toulon’s overall achievements can be traced further back to the 1960s and ’70s in the South Bronx, where he grew up with his younger brother, Anthony, and parents, Errol Sr. and Alma, and attended Cardinal Hayes High School.

“He was always a go-getter,” recalled Errol Toulon Sr., 78, a retired deputy warden of the New York City Department of Correction. “He always volunteered within the community, played baseball and just always gave it his all. We couldn’t be prouder of him.”

Toulon’s mother, 74, who worked in education, remembered her sons being extremely protective of her, not even letting her walk to the local tennis court by herself.

“They were like my guardian angels,” Alma Toulon said. “I’m so proud of Errol Jr. He always does anything anyone asks him to do. He is a wonderful kid … I still call him a kid, he’s 55.”

Toulon pointed to his parents, who both went back to school later in life to get their bachelor’s and master’s degrees, as his two biggest heroes, though he also credited another: Willie Randolph, the former New York Yankees second baseman and New York Mets manager. Toulon came to know Randolph well working as a bat boy for the Yankees in 1979 and 1980.

“I was a diehard Yankees fan, didn’t live too far from the stadium at the time and went for an interview in January 1979,” said Toulon, who fondly remembered being around players like Randolph, Catfish Hunter and Thurman Munson. “They all treated me like I was a valuable part of the team. And that really carried over to my own managerial style that every member of the organization — no matter where you are in the chain — is important to making the team as successful as possible.”

Toulon’s son, Justin, 28, who works in the film and television field in Georgia, called his father the hardest working and most driven person he knows and said Toulon instilled in him the importance of respect.

“I don’t think I’ve ever brought somebody to meet my father that hasn’t said afterward, ‘That’s a great guy,’” Justin Toulon said. “My dad always leaves that impression. You just respect him and he has this charming ability about him. People gravitate toward him.”

Speaking from experience on that front is Toulon’s second wife, Tina, who he met in 2014, and married a year and a half ago. His first wife, Susan, passed away 29 years into their marriage.

“I’m his No. 1 fan,” Tina Toulon said. “He just has this wonderful aura about him: that great smile and those great eyes, full of life. He has an incredible loyalty about him and I love how he connects with people. He wants to always leave things better than how he found them … so I know he can do this job well.”

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Mount Sinai’s cheerleading team, a county, state and national champion, bounced back after having its seven-year streak of first-place Empire Regional finishes snapped, to win the first meet of the regular season. Photo from Megan Wesolowski

For the first time in seven years, Mount Sinai’s cheerleading team fell short of a first-place finish at the Empire Regional championship. The girls could have sulked, hung their heads and given up the idea of maintaining their national prowess. Instead, the Mustangs used the slip to second place to fuel their fire.

“We put out an amazing routine that we were very proud of,” senior captain Alexa Tabile said of Mount Sinai’s 88.1 score Dec. 2 at Nassau County Community College that still earned the team a bid to nationals. “We took a step back and saw we need to be better, because the team that beat us was better. It’s just as simple as that.”

The girls went into the next practice asking what they could do to get back on top, and worked at it.

Mount Sinai sticks a routine. Photo from Megan Wesolowski

“I try to motivate my teammates before practice and tell them we need to be supporting each other,” Tabile said, adding that the team takes everything in stride. “It’s something I felt we did, and it led to our next first-place finish. We focus on what’s coming up next, but always have the big picture in mind.”

The Mustangs ended up in the No. 1 spot Dec. 11 at Longwood, redeeming themselves from a bobble in the pyramid at the regional competition and a fall at the  meet.

Tabile said she was still afraid of once again coming in second, because more points are deducted for a fall.

“There was a little bit of doubt,” she said. “We thought maybe the fall really put us back, but we knew we put out a routine that was clean, and everything else in the routine we hit beautifully. We kept going.”

Mount Sinai placed fifth in the state championship earlier this year after taking first in the inaugural state competition in 2016. The Mustangs won the county title last season and have a history of placing at nationals, coming in third in February and in 2015, and first in 2016 and 2014.

“They feel a great amount of pressure knowing that we have a long tradition of winning,” said first-year head coach Megan Wesolowski, who coached the district’s middle school team for the last five years and took over for long-standing leader Samantha Melella following the birth of her child. “They want to make the people that made this program proud. They’re proving that one fall or one mishap never carries through an entire routine, and Alexa Tabile is leading the team through everything. She’s one of our best back spots with great tumbling skills. Cheer-related or not, she’s there for every girl that needs her.”

Mount Sinai’s cheerleading team earned a bid to nationals next yea.r Photo from Megan Wesolowski

Mount Sinai, as Suffolk County’s only Division II Large team, competed against Division I Large schools, which made the win this time around even sweeter. Wesolowski petitioned for her team’s step up in competition.

“It’s great to have teams to compete against, and especially to be able to compete against schools with a bigger pool of girls to choose from,” she said. “Competing against yourself you kind of lose that competitive edge. We didn’t want to end up going down to nationals next year with a false sense of security.”

Tabile said the jump has not only forced her team to improve its skills and routine, but it has also been more fun.

“Now, we go to competitions and we know we have to be on point,” she said. “Going out there last year, it didn’t matter if we were doing forward rolls on the mat for two-and-half minutes, we were still getting first place. Now, we’re driven to put in the extra work because we’re competing against other teams with national titles.”

After new and old players quit the team, and through injuries and adjusting to a new coach, Mount Sinai worked to remain competitive, and Tabile said this learning experience is only making the Mustangs stronger.

“We’ve clicked very well,” she said. “Coach Wesolowski motivates us in every way and we want to do better for her. It hasn’t been the easiest season for us — we’ve had our fair share of challenges throughout the season — but I feel like we’ve never had a team with this kind of bond, where we pick each other up and say, ‘Hey, things haven’t been going as we’ve planned, and we’ve had our hardships, but we can move on from this.’”

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Stock photo

Suffolk County shoppers, get your nickels ready.

In an effort to encourage residents to shop with reusable bags instead of plastic and paper “carryout” bags that harm the environment, the Suffolk County Legislature is rolling out a 5 cent fee on all disposable bags at a variety of retail establishments, from supermarkets to department stores beginning Jan. 1.

The new law, which was officially passed by the Legislature in September 2016, applies only to the single-use plastic or paper bags provided by cashiers at the end of a sale and used to carry goods from the store. There won’t be a fee, however, on bags found in produce sections for fruits and vegetables, frozen foods or on bags by pharmacies to carry prescription drugs, according to the law.

Cashiers are required to add the total fees to a customer’s receipt based on how many bags are used. Residents can avoid the fee by either buying a reusable bag — ones made of cloth or canvas, which are available in many retail stores — or shopping with a bag from home.

“Hopefully people will say ‘I’m not paying 5 cents’ and go with the other options,” said Legislator William “Doc” Spencer (D-Centerport), who wrote the legislation to reduce the influx of plastic bag waste that gets trapped in trees, blocks storm drains and causes significant damage to water supplies and wildlife. “We’re hoping to change behaviors. While we won’t change everyone’s, this will change a lot of people’s and that can make a big difference. I think once people start to not use the plastic bags, they’re not going to really miss them.”

Spencer’s bill began in March 2016 as a ban on all single-use plastic bags, piggybacking off an initiative adopted by the Town of Southampton, but it didn’t receive enough support. This revised bill was co-sponsored and pushed by five legislators, including Al Krupski (D-Cutchogue), Kara Hahn (D-Setauket) and Bridget Fleming (D-Sag Harbor), and 140 out of 150 residents who weighed in on the initiative during a public hearing testimony.

As of Jan. 1, shoppers will be paying for paper and plastic bags at most retail stores, encouraging others to use reusable bags. Stock photo

The legislators also worked alongside a Suffolk County plastic bag working group, which consists of local scientists, educators, environmentalists, business people and government employees.

“We have to curtail the use of plastic bags,” Krupski said. “They’re everywhere. I would encourage people not to pay the fee. It’s all just a matter of changing your habits and keeping a shopping bag in your vehicle to have it at the ready. It’ll take time for people to get used to that, but like anything else, people will get used to it.”

A 5 cent fee on plastic and paper bags was adopted in Washington, D.C., in 2010 and the accumulated nickels have contributed a total $10 million to the Anacostia River Clean Up and Protection Fund, as of 2015.

As mandated by New York State, however, the fees collected in this bill will be retained by the stores. Not being able to apply the collection to an environmental cause convinced a Democratic legislator not to support the law.

“That 5 cent charge should go back into the environment,” said Legislator Sarah Anker (D-Mount Sinai), who voted “No.” “Instead, the fees are going back into the pockets of the stores. The legislation needed work.”

Anker also said she received outcry from constituents over the concept of fees.

“A lot of the community, especially the senior population, did not want to pay extra for the plastic bags,” she said. “But I will say, plastic is a really harsh environmental pollutant.”

Spencer said he plans to revisit the legislation after a year to evaluate the financial impact it’s having and ask the state to allow funds to be used for environmental purposes.

“It would be great to do that, but only the state has that ability,” Spencer said. “The state may make that decision.”

Jay Peltz, general counsel and vice president of government relations at Food Industry Alliance, which represents 800 state supermarket chains, convenience stores and wholesalers, including Stop & Shop and King Kullen, which will be charging the fees, said it’s a current law where everybody wins.

“It will help the environment and it will help the stores,” he said. “It’s a thoughtful, productive law and is the only way to both reduce plastic bag distribution while incentivizing people to increase their use of reusable bags.”

He added that the fees may be used to help pay for higher minimum wages expected to be put in place in the coming year, but store owners are still weighing the options.

Survey: Shoppers still prefer plastic
By Desirée Keegan

A local survey conducted shows that just 5 percent of shoppers bring reusable bags.

The finding, coming ahead of a 2018 Suffolk County law banning the free use of plastic and paper bags at a vast majority of retail stores, was concluded after students from Northport, Brentwood, Huntington, Smithtown, East Islip and North Babylon, with member of St. Joseph’s College, surveyed 11,395 shoppers in November and December, in front of grocery stores, convenience stores and a pharmacies.

New Suffolk County environmental law prohibits plastic and paper bags in favor of eco-friendly reusable ones. Stock photo

The polling, organized by a county-created task force to help educate the public about the bill, found 71 percent of individuals use plastic bags, while the balance use paper, a combination, or no bag.

The survey will be repeated next year to analyze the effect of the law on consumer behavior, according to
Adrienne Esposito, executive director of the Citizens Campaign for the Environment. She said she hopes between 60 and 70 percent of residents are bringing reusable bags by next year.

“Reducing litter, marine pollution and saving our oceans are worth changing our habits,” Esposito said.

While plastic bags drew the ire of environmentalists and lawmakers, the law also requires stores to charge for paper bags, as well as thicker “reusable” plastic bags, to prevent stores from circumventing the law, Spencer said.

County Legislator William “Doc” Spencer (D-Centerport), the bill’s primary sponsor, said county residents should contact his office at 631-854-4500 for a reusable bag, especially if you cannot afford one.

“If you need a reusable bag, come see me,” Spencer said, adding he bought 1,000 reusable bags to give away.

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The race between Republican Larry Zacarese and Democrat Errol Toulon appears to be over. Photo on left by Alex Petroski; photo on right by Rita J. Egan

The wait is over.

Nearly a month after Election Day, Suffolk County residents finally know who will replace outgoing Sheriff Vincent DeMarco (C) in 2018. Former Rikers Island corrections officer and captain Errol Toulon Jr. (D) emerged ahead of Stony Brook University Assistant Chief of Police Larry Zacarese (R) by a slim margin Nov. 7 in the race to be the next county sheriff, and after thousands of absentee ballots have been counted, Toulon’s lead has held up.

“I am proud of the campaign we ran and the hard work of our volunteers,” Toulon said in a statement. “I look forward to combating gang violence and the opioid epidemic in Suffolk, and to introduce a strong re-entry program for those leaving county jails.”

The victory makes Toulon the first African-American elected official in a nonjudicial countywide position in Suffolk’s history, according to campaign manager Keith Davies.

“I think his experience just resonated with folks,” Davies said. “People wanted a sheriff that is ready to tackle the issues.”

In an emailed statement through a campaign spokesperson, Zacarese said he was disappointed and announced, “We did not make up the ground we needed in order to prevail.” A spokesperson from the Suffolk County Board of Elections confirmed Toulon had won the race, though a final tally was not immediately available at the time of print. The spokesperson said Toulon held a 2,000-vote lead as of Dec. 1 with about 1,000 ballots left to be counted.

“I want to thank all of the supporters and volunteers who spent countless hours working alongside me both on the campaign trail over the last year and at the Board of Elections over these last few weeks,” Zacarese said. “I am proud of the campaign we ran, the honest and tireless work of our volunteers and the light that was shown on the electoral process here in Suffolk County. I wish the hardworking and dedicated men and women of the Suffolk County Sheriff’s Office only the best and congratulate Errol Toulon Jr. on winning the election.”

Zacarese trailed Toulon by just 1,354 votes prior to the counting of absentee ballots, according to the Suffolk County Board of Elections. The absentee ballots were counted by a bipartisan team of department employees in addition to representatives from both campaigns at the Board of Elections office in Yaphank over a few weeks. Nick LaLota, the department’s commissioner, said on election night at about 8:30 p.m. on Twitter the department had received more than 13,500 absentee ballots to that point, though more were expected.

Toulon began serving as a corrections officer at Rikers Island in 1982 and retired as a captain in 2004. For two years he was assistant deputy county executive for public safety in Suffolk, and in 2014 he was named deputy commissioner of operations for the New York City Department of Corrections.

“I’ve been able to learn a lot on various levels inside of a correctional agency, and while that’s not the entire makeup of the sheriff’s department, it is a good portion of it,” Toulon said during a pre-election interview.

Toulon’s victory completes a sweep for the Democrats in the two high-profile Suffolk County races in 2017. Suffolk County Police Commissioner Tim Sini (D) defeated Ray Perini (R) with 62.08 percent of the vote in the Nov. 7 general election to secure the county’s district attorney seat, a position left vacant following the indictment and resignation of Tom Spota (D).

DeMarco announced in May he wouldn’t seek re-election after 12 years in the position.

This post was updated to include quotes from Toulon Dec. 7.

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Brianna Florio, on right, was honored by the Sound Beach Civic Association and president Bea Ruberto, on left, for her community involvement. Photo from Sound Beach Civic Association

A Sound Beach Girl Scout recently solidified the organization’s highest honor by helping children who live in a temporary shelter feel a little more at home.

Brianna Florio, an 18-year-old Sound Beach resident and a member of Rocky Point Girl Scout Troop 2945, has been working since last year to better the lives of 16 children who reside at Halo House in Sound Beach, a shelter for families in crisis.

While staffers within the home — which gets its funding from the Department of Social Services — do all they can to help the four families currently living under one roof get their cases under control, find employment and locate more permanent housing, helping young children adjust to their new environment is a constant challenge.

Brianna Florio will be receiving her Gold Award next month after working with children at Halo House in Sound Beach to paint a mural to make the place feel more like home. Photo from Brianna Florio

So when it came time to pick a community outreach project in summer 2016 to fulfill the requirements for her Gold Award, the Rocky Point High School graduate, who learned of the shelter from one of her troop leaders, set her sights on making it more kid-friendly.

“I knew this would be a good fit for her,” said Donna McCauley, her troop leader who first became aware of the Halo House through St. Louis de Montfort R.C. Church in Sound Beach. “Brianna is very dedicated, has a very generous spirit and is always ready to help anyone in need. It also gave her a way to express herself creatively, which she’s very good at.”

Florio utilized her artistic talent and painted a large mural on the wall in the shelter’s dining room depicting animals having a tea party, installed a bench to be placed in the property’s yard and hosted a toy and book drive at her high school. Through that event, Florio brought multiple boxes of donated entertainment for children of different ages to the Halo House — items that are sorely needed, according to shelter manager Joe Pellegrino.

“[Brianna] definitely helped bring the kids a sense of community within the neighborhood of Sound Beach,” he said, adding the children in the shelter were eager to be involved in her mural project. “The younger ones would wait for her to come, and when she got here, they would say, ‘Can you paint a snake? Can you put a hat and bowtie on it?’ It betters the children’s state of minds when they’re at the shelter, because they get a sense that it’s a home and not just a place they’re forced to live in.”

Pellegrino said the mural has become a center of pride in the home and is even used as an educational tool to teach the children about the different animals depicted.

“It really warmed my heart to see the kids and their smiling faces and just how excited they were about it,” Florio said of the mural. “It was really nice to see it all finished, because I didn’t think I was going to be able to do it.”

She will officially receive her Gold Award from the Girl Scouts of Suffolk County council in December.

Although it was an independent project for the Girl Scout, Florio was able to acquire paints and various supplies through local donations, like from Costello’s Ace Hardware of Rocky Point. She also received support from her school district, where she was a member of the Be a Nicer Neighbor Club, a group that cooked for the homeless and performed songs at senior citizen homes during the holidays.

“Brianna is very dedicated, has a very generous spirit and is always ready to help anyone in need. It also gave her a way to express herself creatively, which she’s very good at.”

—Donna McCauley

“I think if anybody is deserving of a Gold Award, it’s Brianna,” Rocky Point High School Principal Susann Crossan said. “What sets her apart from everybody else is she has a constant concern for other people. She’s been involved in so many activities within the high school that involve giving back. She was an extremely well-rounded and kind student.”

Florio’s project was also no surprise to Nancy Kloska, the director of an aftercare program for children at Mount Sinai Elementary School, where Florio currently serves as a mentor helping students with homework, playing games with them and leading fun activities.

“She’s warm, approachable, responsible and the kids really love interacting with her — Brianna always has a large group around her,” Kloska said. “I think she just brings out the best in the kids and is such a positive role model. I can’t say enough good things about Brianna. I think she’s wonderful.”

Florio was bestowed a certificate of appreciation by elected officials and community members for her Gold Award efforts during a Sound Beach Civic Association meeting Nov. 13. Civic president Bea Ruberto later said in an interview that Florio is a shining example of upstanding youth in the community.

“We were so proud to honor Brianna at our meeting — she’s very community-minded and is always there to help and give back,” said Ruberto, pointing out that Florio has helped with the civic’s pet adoption efforts and contributed a drawing in honor of the civic’s 40th anniversary. “We often hear about all the kids who behave badly and do this or that, and we really make an attempt in the civic to showcase the good kids. She’s a very fine young lady.”

Florio is currently pursuing a career in computer science and game programming as a freshman at Stony Brook University.

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