Tax cap proposal heats up meetings
August 06, 2009 | 11:32 AM
The Brookhaven Town Board meeting Tuesday was dominated by debate — in some ways reminiscent of prosecutorial cross-examination — between a former federal prosecutor, Supervisor Mark Lesko, and 6th District Councilman Keith Romaine (R-Center Moriches). The subject was a proposal by Romaine to place a referendum on the ballot in November to implement a 4 percent property tax cap in Brookhaven. The often heated debate touched more than once on Nov. 3, Election Day.

The confrontation began five days earlier when, at the council's work session, Romaine introduced a walk-in resolution, one that had not been circulated prior to the meeting but which the sponsor wants placed on the next council meeting agenda. The resolution was not yet reduced to writing, even at that late date, but the assistant town attorney who described the measure said it was "time sensitive." Since a referendum on the ballot in November must be the subject of a public hearing and a state law-prescribed time frame, if the required hearing was not set Tuesday the deadline would be missed for Election Day.

However when Lesko heard the subject of Romaine's proposal he was uncharacteristically animated.

"You've got to be kidding me," Lesko practically yelled at Romaine. The supervisor went on to question how the councilman could even consider putting forward such a wide-ranging proposal without providing research, detailed fiscal analysis and examining the ramifications of such an action.

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Romaine replied he was unaware "until yesterday" of the time constraints, but said it was important to permit the residents of Brookhaven to vote on limiting future tax increases.

Deputy Supervisor and Councilwoman Kathy Walsh (R-Centereach), on the same side of the political aisle as Romaine, seemed as surprised as Lesko.

"Four percent above what?" she asked her colleague.

The resolution will "absolutely not" be on the Aug. 5 agenda, Lesko said to Romaine.

"Absolutely yes," replied the councilman.

Finance Commissioner Charlene Kagel, a Republican majority appointee, was asked if she had vetted the proposal. "I have not seen anything yet," Kagel said.

Realizing the majority would prevail in placing the resolution on the agenda, Lesko said to Romaine, "I'll expect a panel of experts [at the board meeting] to address the many aspects of this proposal." There were not any such experts on hand Tuesday, but there was more opposition.

The leaders of two of Brookhaven's three labor unions spoke vehemently against Romaine's proposed tax cap. Bill Walsh, head of the blue collar unit and husband of Kathy Walsh, called the proposal "a headline-grabbing gimmick" by a candidate for re-election, stating a cap could lead to layoffs, and concluded by stating, "I won't stand for it."

White collar union leader Meg Shutka echoed her colleague's remarks and questioned why the measure was proposed "just before the election."

The exchange between Lesko and Romaine was heated.

"Why do you want to raise taxes 4 percent?" the supervisor asked Romaine. The councilman replied he did not. Lesko indicated that ongoing 2010 budget planning was aiming for a zero increase, so Romaine's "hollow resolution" was unnecessary. Later in the discussion Councilwoman Walsh said, "We're not looking at a tax increase next year."

"Southampton has [a tax cap]," Romaine said, "and Massachusetts and Montana. All questions will be answered at the [public] hearing."

"[Finance Commissioner] Charlene Kagel advised you that the cap would adversely impact the town's bond rating," Lesko said to Romaine. "Is that right?" Kagel confirmed Lesko's statement; Romaine did not reply. The supervisor went on to say a cap would cause open space preservation "to grind to a halt" and then pointed to Proposition 13 in California, a tax cap referendum approved by that state's voters a decade ago. "Why do you think California is in such a mess?"

Romaine said his proposal would "never lead to layoffs" of town personnel and added that many of his constituents ask him, "I have to live within my means, why can't government?" Criticizing Lesko's "diatribe," Romaine said a tax cap would protect working families in Brookhaven.

A roll call vote on setting a public hearing on Aug. 20 failed 3-4, with Council members Jane Bonner (C-Rocky Point) and Tim Mazzei (R-Blue Point) voting with Romaine and Council members Steve Fiore-Rosenfeld (D-East Setauket), Kathy Walsh and Connie Kepert (D-Middle Island) voting with Lesko.

Romaine said Wednesday he plans on bringing the proposal back after the 90-day waiting period required to refile a defeated resolution.


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