Brookhaven Town Board divided on paying MTA tax


BY GRANT PARPAN |EDITOR

The check's in the mail, but the Brookhaven Town Board still hasn't transferred funds in the 2010 budget to pay the state's new Metropolitan Transit Authority tax.

Town Supervisor Mark Lesko was forced to propose tabling a budget amendment to make the funds available Tuesday, after several board members declined to vote in support of the resolution.

Following an executive session to discuss possible legal battles if the town didn't properly disperse the funds, the board unanimously supported holding off on a vote until its Nov. 24 meeting.

There's just one problem: The town's finance commissioner, operating with the understanding the board had previously agreed to support the resolution, paid the tax when it was due Nov. 6.

"This is of great concern to me," Mr. Lesko said in a telephone interview Wednesday. "We had agreed. All of us were going to support this resolution in protest."

But when it came time for roll call Tuesday, that wasn't the case. Conservative Councilwoman Jane Bonner abstained from the vote and Republican Keith Romaine voted in opposition to the resolution.

After some discussion, a second vote was called, and Democrat Steve-Fiore Rosenfeld joined Ms. Bonner in abstaining.

The decisions of the three board members caught the rest of the Town Board -- most notably Mr. Lesko and Republican Tim Mazzei -- by surprise.

"You guys convinced me to support this and now you're abstaining?" Mr. Mazzei asked.

"I'm puzzled," said Mr. Lesko.

The supervisor said he was under the impression that the board had unanimously agreed to reluctantly approve the budget transfer, despite each member's opposition to the tax, in an effort to avoid paying penalties.

But Ms. Bonner said Wednesday she didn't see it that way.

"I would never support the MTA tax," she said. "I never raised my hand saying I would.

"I'm working hard to vote my conscience more and not along party lines."

Mr. Romaine's "no" vote caused quite a stir Tuesday. When the supervisor asked him to repeat his vote, he stood above the microphone, hovering his face directly above it and shouted, "That's a big no!"

It was Mr. Mazzei who originally proposed not paying the tax at a summer work session. After it was determined that Finance Commissioner Charlene Kagel would have to pay the tax or face serious legal and professional hurdles, he backed off that decision.

Mr. Lesko said the town would simply be exposing Ms. Kagel too much if it didn't pay the tax.

"She's the town's financial officer," he said. "She has to pay it.

"We need to start being more responsible financially. To not pay a tax would be irresponsible and political," the supervisor added.

The tax is part of a $2.26 billion MTA bailout plan that passed the State Legislature in May. The plan taxes payrolls of local business, governments and schools 34 cents for every $100 paid in wages.

Mr. Lesko said he sympathizes with local business owners forced to pay the tax.

"If we, the Town of Brookhaven, can't get together to pay this tax, what about the small businesses that have to pay it?" the supervisor said Wednesday. "What about the business owner who has to lay off an employee to pay the tax?"

gparpan@northshoresun.com