County legislators approve ballot measure tapping sewer fund for general fund tax relief

Two controversial ballot propositions proposed by County Executive Steve Bellone made headway today in the county legislature.

Legislators approved a ballot proposition that would diminish the sewer assessment stabilization fund by more than $180 million over the next nine years.

The proposition would allow the transfer of $15 million from the sewer tax stabilization fund to the general fund, cancel the repayment of $29.4 million to the fund, as required by court order, and repeal county charter provisions requiring the scheduled repayment to the sewer fund, pursuant to the settlement of additional litigation, of an estimated $145 million between 2021 and 2029.

Legislators closed the public hearing on a resolution authorizing a second ballot proposition which would reduce the sales tax revenues set aside for property acquisition and other environmental protection projects under a charter law establishing a quarter-percent sales tax. The law currently requires 31% of total sales tax revenues to be allocated to the environmental trust fund. The amendment would reduce the annual allocation to 11% of the total amount collected under the quarter-percent sales tax. The allocation would remain reduced for three years.

The closing of the public hearing tees the measure up for a possible vote to adopt at the legislature’s next general meeting Sept. 9. If it isn’t passed at that meeting, it will not make it onto the November ballot.

The votes on both resolutions today were contested, sometimes hotly, during a meeting held by videoconference.

The vote to approve IR 1414, authorizing the ballot proposition regarding the sewer assessment stabilization fund, passed 14-3, with one legislator absent. East End legislators Al Krupski (D-Cutchogue) and Bridget Fleming (D-Sag Harbor) both voted to approve.

The vote to close the hearing on IR 1413, regarding the reduction of sales tax allocations to the environmental trust fund, passed 11-6. The East End legislators split on this vote, with Krupski voting no and Fleming voting yes. Though she voted to close the hearing, Fleming said she is “adamantly opposed” to the resolution.

“I let Mr. Bellone know in no way will I support using that open space funding to close budget gaps,” Fleming said.

Brookhaven Town Supervisor Edward Romaine (R-Center Moriches), a former legislator representing the First Legislative District, was one of several people to testify at the hearing on IR 1413 before it was closed. Romaine was a county legislator when the legislature passed the charter law creating the quarter-percent sales tax in 1987.

“Back in 1987, I was the cosponsor of both of these,” Romaine said. “I am the last public official still in office. The intent then was ‘Let’s commit the quarter-percent to preserve open space.’ I think this is a mistake,” Romaine said.

“I understand you have financial problems. They did not develop overnight. They were there even as I was leaving the legislature in 2012,” he said.

“The county has shown bad faith with these locked-box funds,” Romaine said, cautioning “Trying to raid these funds, you break faith with the voters.”

Group for the East End president Robert DeLuca also spoke out against the measure, arguing that the quarter-percent sales tax was not adopted as a tax stabilization fund. “No,” he said, “it was adopted to protect drinking water.”

Representatives of the AFL-CIO, Suffolk County Superior Officers Association and the Suffolk County Sheriff’s Deputies Association spoke in support of the resolution, arguing that the fiscal emergency created by the coronavirus pandemic demands the actions proposed by the county executive.

Legislator Rob Trotta (R-Fort Salonga) was the most outspoken opponent of the resolutions to approve both ballot measures.

“It’s just irresponsible,” Trotta said of IR 1413, calling the measure “morally wrong.”

“I hate to say it, but they’re using the coronavirus as an excuse,” he said, arguing that the county was in dire financial straits before the pandemic struck.

“It’s very odd that a fiscally conservative Republican is here pleading with my colleagues to save the clean water fund,” Trotta said. “We’ll get through this. We don’t need to raid it,” he said noting that the county has already received federal aid and expects to receive more.

Bellone issued a statement commending the legislature for passing IR 1414, which he called a “common sense measure that will protect taxpayers and essential workers while helping to address the COVID-19 fiscal emergency.”