Solidarity in numbers

Momentum grows as area towns join in Nassau County’s lawsuit to repeal MTA payroll tax, By Nancy Kriz Monroe - At least a dozen local municipalities have now joined Nassau County’s lawsuit seeking a repeal of the payroll tax imposed last year to bailout the insolvent Metropolitan Transit Authority. Following the lead of the Town of Chester almost three weeks ago, the towns of Blooming Grove, Monroe, Tuxedo, Warwick, Woodbury and the Village of Greenwood Lake are now parties to the Nassau suit. They hope to send the message that the upstate towns are unified in their belief that the payroll tax is an unfair tax burden for the services they get in return. According to Town of Tuxedo Supervisor Peter Dolan, officials are taking a line from 1976 movie “Network” and applying it to their views regarding the unfairness of the tax: “I’m as mad as hell and I’m not going to take this anymore.” Though adding plaintiffs may have minimal influence on the suit’s outcome, the Nassau case argues that the MTA tax violated the state constitution because it applied it only to the MTA’s 12-county service area and therefore required “home-rule” requests from the affected local governments. ‘Second-class’ citizens Court papers also said because it only applied to part of the state, it also required it be passed by a two-thirds majority in both houses of the state Legislature. The tax passed with 52 percent in the Senate and 60 percent in the Assembly, according to the court papers. Area officials are confident their solidarity will also show MTA and Albany officials they are making a revitalized effort to reinforce they will not allow downstate counties to be given preferential treatment. “This gives a clear message that we’re fed up being treated as second-class citizens,” said Michael Sweeton, Town of Warwick supervisor. “We hope the Nassau County suit will prevail.” ‘Impacts the budgets of business’ Town of Woodbury Supervisor John Burke is confident the suit will be successful. “This is our way of saying we’re not happy with what’s going on,” Burke said, who estimated the tax costs Woodbury $18,000 annually. “This impacts our budget, this impacts taxpayers’ budgets, this impacts the budgets of businesses in the town.” In the Town of Monroe, Supervisor Sandy Leonard, who commuted to work in Manhattan for more than two decades, understood the need for funding a mass transportation system that moves more people in a day than live in many parts of the world. But that doesn’t change her attitude about where the money should come from to pay for it. As of the end of the third quarter for this year, the Town of Monroe paid $6,498 in tax to the MTA. “Have we gotten more and better service?” asked Leonard. “Yes. “Have we gotten what we actually pay for? No. “This side of the river is like a stepchild. We overpay for what we’re getting. We’re triple taxed, if not more. Somebody has to stand up and say ‘Enough, already.’” One-half mile of paving Dolan, the Tuxedo supervisor, agreed. “I think it’s absolutely crazy,” said Dolan, who estimated the tax costs Tuxedo $8,000 annually. “People who ride the railroad should pay for the railroad. I’m 100 percent for public transportation, but I have to be fiscally conservative. Yet the MTA and public utilities are able to do what they want and soak the public. I think this suit is very winnable.” That $8,000, he added, is a large amount for a small town like Tuxedo. And that money has to come from somewhere. “Where am I going to get the money from?” asked Dolan. “The $8,000 I have to pay, that is one-half mile of road paving …which we would do ourselves … but now we can’t.” Warwick has already paid approximately $12,390 in the first half of this year to the MTA. “That money could be used for police services or for paving miles of roads,” said Sweeton. “But we have to send it so New York City can ride the subways cheaper. It’s costly for the town, and it clearly affects our taxpayers and businesses.” Putnam County joined the Nassau suit last week, with Westchester County officials saying they were considering being a part of it as well. Rockland County announced it filed its own law suit last week as well. Disagree with county But town officials expressed disappointment that Orange County - which pays about $500,000 a year to the MTA though the payroll tax - has opted to not join in on the law suit. In published reports, County Executive Ed Diana said New York State had the legal right to impose the tax and would likely win the case. He believed pressuring state lawmakers to rescind the tax would be more effective. “I respectfully disagree with the county executive,” said Burke of Woodbury. “I just don’t feel we should accept things as they are in Albany. (Diana) should be out there fighting for this for us, just like all the other things he fights for. We get limited services for what we pay for.” Sweeton strongly felt increasing tolls on bridges and fares on the subway system - paid for by the people who use the system daily - should have been more closely looked at by MTA officials. “This is a slap in the face to upstate counties, where only 15 percent of the people commute into the New York metropolitan area,” he said. “This indicates to me that the interests of New York City are at the forefront. This is wrong. People upstate are realizing this. Nassau County has clearly staked out a position that is winnable. It’s worth supporting that effort.” While Leonard is not sure if the suit will be successful, she nonetheless felt it’s important to send a strong message to the MTA that the tax in unfair and should be repealed. “I don’t know if it will work out … probably not, but we have to make a point,” she added. “We need to stand up on this.”

That money could be used for police services or for paving miles of roads. But we have to send it so New York City can ride the subways cheaper. It’s costly for the town, and it clearly affects our taxpayers and businesses.” Warwick Town Supervisor Michael Sweeton

This side of the river is like a stepchild. We overpay for what we’re getting. We’re triple taxed, if not more. Somebody has to stand up and say ‘Enough, already.’” Monroe Town Supervisor Sandy Leonard