SUFFOLK CLOSEUP - Foam Food Packaging Ban 1988 - 2018

Suffolk Closeup

 By Karl Grossman

It started here in Suffolk County in 1988—passage of the first law in the United States to ban polystyrene foam food packaging. And it spread from Suffolk to cities, counties and other jurisdictions across the nation.

Now, with the recent passage of bans on foam food packaging first and Patchogue and last month in the Village of East Hampton, it’s coming back to Suffolk. Hopefully, what Patchogue and East Hampton have started will extend in Suffolk, the original home of the polystyrene food packaging ban.

The ban was enacted when a Democratic-Republican coalition of especially environmentally-committed legislators held a majority on the Suffolk Legislature in the 1980s. In 1994, after a straight Republican majority took over the legislature, the ban was eliminated.

 As the original county measure stated, polystyrene food packaging constitutes “a threat to the environment in the County of Suffolk.” Its chief sponsor was Legislator Steve Englebright of Setauket, now a member of the New York State Assembly.

Polystyrene is stuff that throws a monkey wrench into nature—impacting on the environment and human health. The damage to marine and bird life has long been documented —pieces of the foam are commonly found in the stomachs of dead seabirds, fish and other wildlife. Made from petrochemicals, its production causes greenhouse gasses contributing to global warming and climate change. If incinerated, there are toxic releases. It stuffs up landfills. And as litter, it takes many centuries to biodegrade—it’s litter forever—a scourge on beaches and landscapes. Moreover, studies have shown that the chemicals from polystyrene food packaging leach into foods and drinks impacting on peoples’ health. 

The oil industry and trade groups went ballistic with the passage of the Suffolk law. The law was challenged in court and in 1990 was overturned by a state Supreme Court justice and subsequently by the Appellate Division. The judges accepted the argument that the county had not done a comprehensive environmental impact statement before passing the measure. Commented Suffolk County Executive Patrick Halpin: “We felt the benefits were obvious and, therefore, didn’t require a full impact statement.”

Then, in 1992, the New York State’s highest court, its Court of Appeals, reversed those rulings. It found that Society of the Plastics Industry, based in Washington, did not have  “the standing” to contest the law. Justice Judith S. Kaye wrote: “Protecting member companies from local conditions, such as the quality of their air and traffic congestion on their roads, cannot be said to be germane to the purposes of this nationwide trade organization.”

Commented Mr. Englebright: “The packaging industry thought that if they could defeat this in Suffolk County they could keep it from spreading. They wanted to snuff it out where it began.” Still, two years later, with the change in political complexion of the Suffolk Legislature, the law was dropped—despite it, by that time, having served as a model for polystyrene food packaging prohibitions in many jurisdictions in the U.S.

However, now the effort to outlaw polystyrene food packaging is returning, in at least parts of Suffolk. Patchogue passed its ban in January. Spearheading it was Village Trustee Joseph Keyes.  The “biggest problem” with polystyrene food packaging, he comments, “is that it doesn’t go anywhere. It can have the same harmful effect on marine life as the single-use plastic bags because they could choke on them. The manufacturing of the plastic foam is also harmful, and even when you heat up food in those containers, the chemicals can seep into your food.”

Under his measure, delis, restaurants, grocery stores or food trucks in Patchogue won’t be allowed to use cups, containers or plates made of polystyrene. As alternatives, they can use paper, cardboard and recyclable plastic containers.    

The Patchogue law notes that polystyrene foam “has been identified as a potential human carcinogen by the United States Department of Health Services and the International Agency for Research of Cancer” and other health agencies.

Of East Hampton’s passage of its ban, Mr. Keyes says Patchogue “is pleased that East Hampton has taken this step, and we’re encouraging our neighboring villages to follow suit.” He urges that “we start one-by-one cleaning up our backyards.” Yes, one-by-one jurisdictions on Long Island and through the country should do that regarding polystyrene food packaging. A parallel step forward: the Suffolk County ban should be reinstated.

New York City enacted a ban on polystyrene foam food packaging in 2013. Mayor Michael Bloomberg spoke about polystyrene being “one product that is impossible to recycle and never biodegrades…something that we know is environmentally destructive and that may be hazardous to our health… and that we can easily do without.” A state Supreme Court justice overturned the ban as “arbitrary and capricious,” but it was reinstated last year.

Karl Grossman is a veteran investigative reporter and columnist, the winner of numerous awards for his work and a member of the L.I. Journalism Hall of Fame. He is a professor of journalism at SUNY/College at Old Westbury and the author of six books. 

Amy's Perspective - Town Council Comments On Planning

Town Council Comments, April 26

On the occasion of David Flynn’s retirement, there is an awesome opportunity to publicly thank David Flynn our Town Planning Director who has been extremely accommodating and available to the residents of Smithtown.  Scheduling a public hearing to review the draft of Mr. Flynn’s Master Plan would be a fitting way to highlight and celebrate his dedication to Smithtown’s future revitalization and preservation of our historic heritage.   David Flynn has always acted with financial prudence and in the best interest of Smithtown’s residents and business community.   The work he accomplished on a daily basis has been outstanding.  His commitment to town planning is obvious as seen in his drafted town plan as per the town council’s request.  He and his staff were able to complete this draft while conducting business as usual.   This would be a great time to invite Smithtown’s residents to a public forum as an opportunity to consider his plan, the work involved and attention to the details of our town’s Master Plan.  The drafted unadopted Master Plan includes all five hamlets for a comprehensive approach to Smithtown’s future goals.   

You may have seen the recent articles in Newsday describing various Long Island communities that are concerned and actually protesting over-development of their well-established neighborhoods.  This seems to be a general concern of Long Islanders to prevent the threat posed by contractors and developers who intend to build up our neighborhoods into urban settings without considering those neighborhoods.  

This issue can be addressed through identifying consensus of our residents and by planning our level of development with smart growth practices including our concern for the environment.  Thank you for your interest in developing a Comprehensive Master Plan, we have a good foundation prepared by David Flynn that can be the foundation and then further developed into a working, viable Comprehensive Master Plan for Smithtown.  

Please take into account that planning for the future of Smithtown must work in concert and conformity to the environmental protections established in the State Environmental Quality Review Act whenever the economic interests of contractors and developers are under review.  This is not a mutually exclusive choice between conserving the available real estate in Smithtown and working with outside developers within the confines of Smart Growth best practices.  Smart Growth is an intentional process including a respectful approach to Smithtown’s residential homeowners and their investment in the future of Smithtown.  Our safety and quality of life are also critical concerns.  

Scheduling a  public forum would inform and include Smithtown’s citizens and highlight David Flynn’s contribution to Town Planning.  Thank you.  

Amy Fortunato is a Smithtown resident who ran for Town Council on the Democratic line in 2017.     

SUFFOLK CLOSEUP - Is Nissequogue's Future Bulkheads And Hard Structures?

SUFFOLK CLOSEUP

By Karl Grossman  

Kevin McAllister had just spoken before the Village of Nissequogue Board of Trustees earlier this month opposing an application by owners of a house on the Long Island Sound to reconstruct a bulkhead.

Mr. McAllister is founding president of the organization Defend H20. He takes the position that the “armoring” of the shoreline—whether along the Long Island Sound, the Atlantic or the many bays of Long Island—is wrong. He says the placement of “hard structures” on the coast results in damage to the beach in front of where the armoring takes place and also “downdrift,” resulting in erosion and loss of public access.

This was his second appearance in Nissequogue in recent times to oppose bulkhead projects. He says “what’s happening in Nissequogue is happening all over Long Island. Bulkheads and other forms of armoring, hard structures, are coming in everywhere.”

Mr. McAllister believes the choice for Long Island, particularly in a time of climate change and rise in sea level, is between “forever beaches or sand-be-gone seawalls. It should be crystal clear which one. It’s time for collective foresight. Our environment, economy and lifestyle depend on it.”

In sounding this message via email recently, he included a photo of what in recent times has become a big controversy in coastal armoring on Long Island, the U.S. Army Corps of Engineers’ $8.4 million project involving the placement in 2016 of “geotextile” sandbags on 3.100 feet of beach in Montauk. Since then, there have been two substantial wash-outs costing $700,000 each for repairs. And major wash-outs from the nor’easters this winter are anticipated to cost $1.05 million for repairs. “Downtown Montauk” is the title of the stark and ugly picture of the sandbag revetment.

Is this a model for the future of Long Island? Hopefully not!

“These hardening structures—these sandbags—have destroyed the beachfront at Montauk,” said Mr. McAllister. There are only a few sections through which people can now get access to this half-mile of Montauk beach, he points out.” 

“We need to implement coastal retreat,” emphasizes Mr. McAllister. “We have to relocate structures and restore the primary dune in this area—and in many other locations.”

“The New York State Department of Environmental Conservation last year issued a “medium projection” of sea level rise for Long Island of 16 inches by the 2050s and a ‘’high projection” by then of 30 inches, Mr. McCallister points out. He has a master’s of science degree in coastal management from Nova Southeastern University in Florida. A Center Moriches native, he worked as a marine scientist in Florida for 12 years before returning to Long Island. He was the founder and leader of Peconic Baykeeper for 16 years before establishing Defend H20 in Sag Harbor.

“There will be monumental change along the Long Island coast,” says Mr. McAllister.  “There will be a higher groundwater table and what is termed coastal inundation or, in other words, persistent flooding. The groundwater will be rising from below. And, the shoreline will be migrating. So we’d have to be spend exorbitant amounts of money to pump sand all the time—“sand folly or perpetual beach nourishment, which is economically and environmentally unsustainable,” or take the option of “armoring the coast” in versions of the Montauk mess, and the third option, which I am  advocating, is for retreat in the more vulnerable areas.”

For examples of locations of significant Long Island sea level rise necessitating retreat, he cites Dune Road in Southampton Town; Hashamomuck Cove in Southold on the North Fork; Gerard Drive in The Springs in East Hampton Town; along the bay front in Mastic Beach; “and what I refer to as the ‘front row’ of motels in downtown Montauk. These are clear examples of where relocation or coastal retreat is critical.”

“But every coastal area will be impacted—the oceanfront the worst, but even Shelter Island’s sheltered waters will rise—as well as all the harbors of Long Island,” he continues. The Fire Island barrier beach “will be especially vulnerable.’

“Properties need to be appraised and receiving areas—where these structures can be moved—identified. For instance, if there is a vacant lot across the street from a motel, it might go there or be rebuilt elsewhere.”

The “larger, worldly issue” involves the main cause of climate change and sea-level rise—the burning of fossil fuels. “The result is the production of greenhouse gases, melting of glaciers, thermal expansion of the oceans and elevation of the seas,” he says. 

Climate change denial and refusal by the Trump administration to address climate change and take steps to mitigate global warming is a “political tragedy,” says Mr. McAllister.

What can we do? We must act politically, he says, and even though President Trump has decided to pull the U.S. out of the Paris Climate Accord, people must press for a reversal. “The planet is being threatened,” says Mr. McAllister. And the threat isn’t necessary. A transition to green, renewable energy—led by solar and wind—to replace fossil fuel can reverse this enormous and insoluble problem in the long run if the way things are going now continue.

“We are talking about sea level rise into the 2050s. What will happen beyond that?  It gets very dire! There are islands in the Pacific already requiring evacuation. What will the impact be on New York City and other U.S. coastal cities? Already, Miami is flooding with every high tide.”

The headline of a piece in New Scientist magazine last year: “Future New York will be flooded.” It also noted how “climate change will make hurricanes more likely to hit the northeast U.S.” 

The climate change horror is unnecessary, avoidable.

“With a rising sea and moving shorelines the rush to armor the coast is intensifying. 

Montauk, Orient, Fire Island and the Peconic bays shoreline hardening structures are infiltrating the coast everywhere,” says Mr. McAllister. “But nowhere is the structural response more intense than the North Shore” with “the Village of Nissequogue being central to the public discourse concerning the protection and functionality of the beaches and bluffs.” 

  “Regretfully, the Village of Nissequogue is succumbing to the pressure from private interests, and allowing the proliferation of hardening structures,” says Mr. McAllister. “These approvals are in conflict with the well-founded coastal policy described in the Town of Smithtown Local, Waterfront Revitalization Policy, which the village had agreed to uphold. A more profound concern is the complacency of the NYS Department of Environmental Conservation. The agency is routinely rubber-stamping permits to the detriment of coastal resources which they are charged with protecting.”.

Karl Grossman is a veteran investigative reporter and columnist, the winner of numerous awards for his work and a member of the L.I. Journalism Hall of Fame. He is a professor of journalism at SUNY/College at Old Westbury and the author of six books. 

LI Pediatric Practice To Pay $750,000 Answering Allegations Improper Medicaid Billing

Long Island-based pediatrics practice Freed, Kleinberg, Nussbaum, Festa & Kronberg M.D., LLP, doing business as Pediatrics and Adolescent Medicine (the “Practice”), as well as current and former partner physicians of the Practice, including Arnold W. Scherz, M.D., Mitchell Kleinberg, M.D., Michael Nussbaum, M.D., Robert Festa, M.D., and Jason Kronberg, D.O. (“Partners”), have agreed to pay $750,000 to resolve allegations that they billed the Medicaid Program for services provided by physicians who were not enrolled in the program.  The settlement, which resolved government claims under the federal False Claims Act and the New York State False Claims Act, was approved by United States District Judge Joanna Seybert.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the settlement.

“Providers serving Medicaid beneficiaries must be properly credentialed and thoroughly vetted to ensure that proper care is provided and to preserve the integrity of the Medicaid Program, which serves our neediest citizens,” stated United States Attorney Donoghue.  “Today’s settlement reflects this Office’s commitment to safeguarding taxpayer programs like Medicaid by vigorously investigating allegations of fraud in False Claims Act cases.”

Mr. Donoghue thanked the Medicaid Fraud Control Unit of the Office of the New York State Attorney General for its assistance in the investigation.

The government’s investigation revealed that, from July 1, 2004 through December 31, 2010, the Practice and Partners employed a number of physicians who were not enrolled in the Medicaid Program who provided care to Medicaid patients.  Because the physicians were not enrolled in the program, the Practice and Partners could not seek reimbursement from Medicaid for the services provided by these physicians.  The defendants nonetheless did so by submitting requests for payment under the Partners’ Medicaid provider identification numbers, thereby misrepresenting the identities of the individuals who were actually providing treatment to the Practice’s pediatric Medicaid beneficiaries.  This improper billing practice occurred at many of the Practice’s Long Island locations, including facilities in Holbrook, Port Jefferson, Shirley and Wading River.  

The allegations were brought to the government’s attention through the filing of a complaint pursuant to the qui tam provisions of the False Claims Act.  Under the Act, private citizens can bring suit on behalf of the United States and share in any recovery. 

The government’s case was handled by Assistant United States Attorney Jolie Apicella of the Office’s Civil Division. 

E.D.N.Y. Docket No. 14-CV-3943 (JS)

Southampton Progressive Caucus Invites Public To Two Candidate Debates

Southampton Progressive Caucus presents Two Candidate Debates

Democratic Congressional candidates Kate Browning, Elaine DiMasi, Perry Gershon, David Pechefsky and Vivian Viloria Fisher. Rebecca Dolber moderator.

The Southampton Progress Caucus will present two debates among the Democratic candidates for Congress on Saturday, May 5 and Saturday, May 19. The May 5 debate will be held at the Southampton Inn at 91 Hill Street, Southampton. Doors open at 1:30 p.m. and the debate runs from 2 to 4 p.m. The May 19 debate will be held at Chancellors Hall at Stony Brook Southampton, 239 Montauk Highway, Southampton. Prior to that debate there will be a grass-roots activists’ fair from 1:30 to 2 p.m. Debate will run from 2 to 4 p.m.

The debates will feature the five candidates running in the Democratic Congressional primary on June 26: Kate Browning, Elaine DiMasi, Perry Gershon, David Pechefsky and Vivian Viloria Fisher. The debates will cover a wide range of topics, domestic and international. They will be moderated by Rebecca Dolber, founder of East End Action Network, bio below.

The Southampton Progressive Caucus (SPC) is an alliance of grassroots activists and the Southampton Town Democratic Committee. It was formed in 2017 to advocate for social justice, advance progressive values and to elect progressive Democrats in Southampton Town, Suffolk County, New York State and New York’s 1st Congressional District. In the words of Andrea Klausner, one of the founders of the Southampton Progressive Caucus, “The stakes have never been higher to elect responsible, qualified individuals to represent us in Congress. These debates are an opportunity to get to know our wonderful candidates better so we can be fully informed voters.”

The debates are free and open to all.  For more information, please contact Andrea Klausner at shprogressivecaucus@gmail.com.

Kate Browning served as a Suffolk County Legislator representing the 3rd district for 12 years. She was born and raised Belfast, Northern Ireland, and has lived with her husband and children in Shirley since 1989. Before taking office, Browning worked as a school bus driver for the William Floyd School District. Her husband and sons have served in the military and she “avidly supports our service members overseas and their families here at home.” In her words, Browning “has fought for Suffolk County’s working families, has successfully controlled spending and held the line on taxes, cracked down on illegal housing and made protecting our precious environment a focus.”

Elaine DiMasi spent 21 years as a federal contractor and project manager at Brookhaven National Lab, “delivering world leading solutions in energy, environment and health.” DiMasi says her blue-collar background and work ethic inspired her “to value, respect and protect the dignity of working women and men.”DiMasi believes in “a government that values two way communication and transparency, a government that cares for all its people equally, is responsive to them and their concerns, an American future that values equality for its people and that opens doors of opportunity for all.”

Vivian Viloria Fisher is a former teacher of English and Spanish for the Middle Country and Three Village School districts and Suffolk County Legislator from East Setauket. She was elected to the Suffolk County Legislature on January 19, 1999 in a special election. She went on to serve 13 years as a legislator and served as deputy presiding officer for six years. Her greatest areas of interest were social justice and environmental protection. After leaving the legislature, due to term limits, she served on a number of boards including the Suffolk County Food Policy Council, which she created, and Planned Parenthood Hudson Peconic’s C3 and C4 boards.

Perry Gershon is a successful businessman making his first foray into politics because “he is disturbed by a Washington political class that cares more about themselves than the American people.” After founding a sports bars at the age of 23, Gershon spent more than 25 years in commercial real estate finance. He co-founded a firm during the Great Recession to offer alternatives to traditional lending sources, providing capital for real estate projects and preventing defaults and foreclosure. Over his career, Gershon has “earned a reputation for bringing about cooperation among diverse parties to achieve common goals, which has prepared him to reach across party lines in Congress.” Gershon oversaw Hurricane Sandy relief efforts for his synagogue as chair of its social action committee. He is also a marathon runner who has used the sport to raise money for numerous charitable causes. Gershon put down roots in Suffolk County more than 22 years ago. He and his family live on the South Fork.

David Pechefsky grew up in Patchogue was valedictorian at Patchogue-Medford High School in 1986. He earned his BA from Hunter College and a masters in international development at American University. As a longtime staffer for the New York City Council, Pechefsky worked on issues ranging from protecting children to lead poisoning to promoting green buildings to affordable housing. At the MTA and the Mayor’s Office of Appointments, he worked to ensure the city had the most qualified and capable people in leadership roles. Pechefsky has also worked to help build democracy abroad. As a consultant for the National Democratic Institute from 2010 to 2013, he helped establish a legislative budget office for the Congress of Liberia, managed a U.S. government funded program to strengthen the parliament of Somalia and worked with the prime minister of Iraq. Pechefsky lives in Port Jefferson and  is on leave from his position as a senior advisor with Generation Citizen, a nonprofit that trains college students to be “democracy coaches,” and provides civic education for middle and high school students. He led the initiative to obtain over $1 million in public funding for the organization.

Rebecca Dolber (moderator), who up in East Moriches, is the founder and organizer of the East End Action Network, a grassroots, Indivisible organization focused on voter outreach and education. She earned a B.A. in communications and film from Manhattanville College and continued her studies in screenwriting at the New York Film Academy. She spent her 20s living and working in New York City, coordinating various productions for Iron Films and NBC Universal. A year before her 30th birthday, she moved back to the district to build her own business, a wholesale jewelry and design firm, R.E.D., Rebecca’s studio. Her jewelry can be found in surf shops and yoga studios from Moriches to Montauk. Dolber currently resides in Center Moriches.