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Town of Babylon

The towns of Smithtown and Babylon presented a total of $119,500 to the Gino Macchio Foundation. Photo from Town of Smithown

Elected officials from Smithtown and Babylon gathered at the Horizons Counseling and Education Center on Main Street Sept. 8 to give people who have battled addictions successfully a second chance. 

Gino Macchio’s father Steven, at podium, thanks the elected officials who made it possible.

Smithtown Supervisor Ed Wehrheim (R) announced the town was donating $70,000 to the Gino Macchio Foundation from Smithtown’s American Rescue Plan Act funds. At the gathering, Babylon Supervisor Rich Schaffer (D) said his town likewise was donating $49,500 from ARPA funds.

Deborah and Steven Macchio, who lost their son Gino due to injuries sustained in a motorcycle crash in 2018, were on hand for the announcement. The foundation’s executive director Kenneth Daly also attended with the Macchios.

Gino Macchio, who had recovered from a prescription opioid addiction, was 25 when he died. Before his death, he was committed to helping the oyster industry obtain sustainability and cleaning up the Great South Bay. His parents are on the board of the foundation.

The money donated on Sept. 8 will go toward the nonprofit’s Put Recovery to Work scholarship program, which provides recovery addicts employment opportunities. The Town of Babylon has already committed space at the Beacon Family Wellness Center in North Babylon to the program. A second location for the center, to be built in Amityville, will include the foundation’s job placement program.

“This money will go toward giving employment opportunities to individuals recovering at our local businesses,” Wehrheim said. “ARPA funds were originally intended to go to local municipalities for the purpose of getting communities back on their feet.”

He thanked Schaffer for helping to remove the stigma associated with recovery “and for being the first to take action to foster and encourage efforts to promote recovery-friendly workplaces at a local level.”

The supervisors hope that other municipalities will follow suit.

“We are here this morning to show solidarity to encourage surrounding communities throughout the state to do the same thing that we’re doing this morning,” Wehrheim said.

Schaffer said substance abuse has increased during the pandemic.

“We saw such a dramatic increase in people who are already suffering from addiction issues, but others who acquired them as a result of what went on,” he said. “Ed was one of the first supervisors to say we’ve got to do something. He’s a great partner in a number of things and, most importantly, in this initiative which is near and dear to my heart”

The Babylon supervisor has known the Macchios for nearly 40 years and knew Gino from when he was born. He said he remembered Gino getting back on his feet after struggling with addiction.

“Little did he know that one of the biggest things he was going to be doing was having this foundation created and providing opportunities for those who are going through the same issues that he was going through,” Schaffer said.

Joe Bieniewicz, director of drug and alcohol counseling services at Horizons, said the program’s work placement initiative goes beyond finding a job for a recovering addict.

“These opportunities allow for folks who are in need to find gainful employment, build their self-esteem and continue to engage in purposeful activity once again,” he said.

Steven Macchio said purpose is important for everyone.

“What we do with our foundation, with our Put Recovery to Work program, is we want to create purpose,” Macchio said. “We want to bridge the gap from rehabilitation to getting back out into the world and starting with your life again.”

Babylon Supervisor Rich Schaffer points to a chart showing the impact discovery law changes have had on small municipalities. Photo by David Luces

Town supervisors in Suffolk County say recent criminal justice reform has caused “unintended consequences” to municipalities and local code enforcement. They are asking the state to exempt small municipalities from new guidelines, among other things. 

The issue they have is with the state’s new discovery provisions, which require names and contact information for complaints to be turned over within 15 days of arraignment. In turn, it has eliminated anonymity, which many municipalities rely on when it comes to handling code violations. 

“You’re not going to call, you’re not going to complain, what does that do for the quality of life?”

— Ed Romaine

Rich Schaffer (D), Town of Babylon supervisor and chair of the county Democratic committee, said at a March 5 press conference they usually receive a lot of anonymous tips from concerned residents but have noticed many are not willing to come forward with the new changes. 

“They don’t want to put their names down, and quite frankly we don’t want to [either],” he said. “We want to be able to go after the offenders and educate them on how to clean up their act and be a good neighbor.”

A letter signed by all of the county’s town supervisors was sent to Gov. Andrew Cuomo (D) in January. The group said with the new standards in how case information is turned over to the courts, it means there are currently no distinctions between a homicide case and a “municipal code violation for high grass.” 

The supervisors said the reform was rushed through the legislature and didn’t give municipalities enough time to formulate a public education campaign. In addition, the changes hurt them on a local level because the state “got involved in things that we didn’t need their involvement in,” Schaffer said.

Supervisors also complained the requirement for after issuing a summons, a court date must be set within 20 days. Officials said it used to take a month to process cases, but now there are four additional “hoops to jump through” to process a complaint. A case could take up to two years to be resolved.

Town of Brookhaven Supervisor Ed Romaine (R) said the criminal justice reform has had a “chilling effect on code enforcement.” 

“So now, if you live next to a guy that has a house with two illegal apartments and four or five unregistered vehicles and trash on the property, if you call, we are obligated by state law to tell the guy next door that you called,” he said. “You’re not going to call, you’re not going to complain, what does that do for the quality of life?”

The four supervisors called on the state Legislature to pass a bill that would allow townships to handle their own code enforcement cases and reinstate anonymity.  

State Sen. Jim Gaughran (D-Northport) and state Assemblyman Fred Thiele (I-Sag Harbor) are proposing bills that would allow anonymity for those reporting local code violations, let municipalities take these cases out of district court and allow them to create their own administrative bureau. 

Chad Lupinacci (R), Town of Huntington supervisor, said many of the problems discussed can be eliminated if municipalities had their own administrative bureau. Huntington is one of three municipalities in the state to have one. 

“The bureau should be up and running sometime in May,” he said. “Code enforcement officers, instead of having to comply with these changes, will be able to just enforce the code and ensure that neighborhoods are safer.”

Brookhaven assistant attorney David Moran said they will work in compliance with the law but called it an “unfunded mandate” with no real direction given how to be in compliance. 

Schaffer said he’s volunteering Babylon to be the guinea pig regarding not following the new law and seeing what comes out of it. 

“I’d like to be the test case to challenge the system,” he said.