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MTA Tax - Does it Violate NYS Constitution?
Tuesday, May 18, 2010 at 9:40AM Fighting the MTA Tax
By Erica Jackson
This week, two more municipalities joined the fight against New York State’s Metropolitan Transit Authority (MTA) Employer Payroll tax. Calling the tax “unconstitutional,” the towns filed a joint lawsuit against New York State and the MTA.
“The tax is a bad idea, with bad implications that could not have come at a worse time,” said Southampton Councilman Christopher Nuzzi. “We’re trying to do more with less; we can’t afford to bail out the New York City transit system.”
The towns’ lawsuit, filed on Friday by attorney John Denby, Esq., of Devitt Spellman Barrett LLP of Smithtown allege that when the state adopted the tax, it violated the towns’ “home rule powers to transact business without suffering an overly-burdensome payroll tax.” The suit also claims that the tax was improperly passed “since it was not adopted by a two-thirds majority of each house of the state’s legislature.”
In the lawsuit, the towns are asking, according to Denby, “a declaratory judgment that the MTA Payroll Tax Bill violates several provisions of the NYS Constitution.” It also seeks a “stay against further collection of any and all taxes and fees imposed by the tax.”
Under the MTA tax, which was adopted in March of 2009 to pull the MTA out of debt, employers, including municipalities and school districts must pay $3.40 on each $1,000 of payroll. Southampton, to date, said Nuzzi has had to pay $155,000 towards the tax.
Bill Schoolman, owner of Classic Coach, was pleased that the towns filed an action; he delivered a similar action to the MTA and state in December. “I think it is a horrible tax. It is a tax that supports fiscal irresponsibility and corruption,” said Schoolman. He added, “The MTA is probably the most fiscally irresponsible corporate entity in the United States.”
Schoolman says the tax costs him about $20,000 a year, but he said, it’s not so much the money that upsets him, but rather, “the mismanagement of the money by the MTA.”
It is expected that additional municipalities will join the fight, including Suffolk County.
In March of last year, the towns of Brookhaven, Huntington, Smithtown, Islip, Riverhead and Babylon vowed to challenge the payroll tax.
At the time, Supervisor Patrick Vecchio said,“I am pleased to join with other elected officials in an effort to have this onerous and burdensome tax eliminated.”
According to Maryann Genzale, payroll supervisor for the Town of Smithtown, with nearly 1,200 full, part, and seasonal employees on the books, the town is required to pay at least $90,000 a year. “It is just another expense,” said Genzale.
Local School districts also felt the weight of the tax this year. Smithtown, Commack, Kings Park and Hauppauge School Districts all reported that they are asking voters to approve increased budgets due in part to the MTA tax.
As previously reported by SmithtownMatters.com., Smithtown School District alone was required to make a $400,000 payment toward the MTA tax this year.
“The tax has people pretty upset because it is indicative of government’s inability to control itself,” said Assemblyman Michael Fitzpatrick (R-Smithtown), who voted against the tax. He went on, “The New York City delegation stuck us with the payroll tax rather than increase its fare. In the short term, I’m afraid there is nothing that we can do about it.”
But, Fitzpatrick assured, “This is going to be a major issue in the state campaign this year.”
State Senator John Flanagan (R-2nd district) agreed with Fitzpatrick, saying, “I hate the tax. I didn’t like it when it was proposed or when it was implemented. It was a bad idea altogether.”
Flanagan, who also voted against the tax, said he was happy to hear that Southold and Southampton filed a lawsuit against the tax. “I just wish there was more stride and opposition at the time the tax was being discussed,” he said.
Of the lawsuit, the MTA provided the following statement, “How the MTA should be funded is a question for the legislature, but the payroll tax is an important revenue source for the MTA and its existence has prevented the recent round of service cuts from being even worse. The MTA is facing a nearly $800 million deficit due in part to shortfalls in the revenue generated by the payroll tax. Our focus remains to ensure that every dollar the MTA receives in taxes, fares and tolls is used wisely.”
The state governor’s office did not return phone calls as of press time.
* It should be noted that Pat Biancaniello, editor-in-chief of SmithtownMatters.com worked for a period of time for Bill Schoolman.
Erica Portnoy and Alexis Tchaconas - Making Commack Proud
Friday, May 14, 2010 at 5:57PM Commack Junior Takes First Place in International Science Competition
Commack High School junior Erica Portnoy won top honors today in Microbiology at the Intel International Science and Engineering Fair held in San Jose, California. Senior Alexis Tchaconas also took fourth place in the Cell and Molecular Biology Division, as well as receiving a $500 American Society of Physiology Award, and an $8,000 Naval Marine Corps Scholarship.
The Intel International Science and Engineering Fair (Intel ISEF) is the world’s largest premiere global science competition for students in grades 9-12. This year, 1,611 high school students representing 59 countries, showcased their independent research.
To qualify for the Intel ISEF, both Erica and Alexis won first place in their divisions in the NYS Science and Engineering Fair, held on March 15 at the NY Hall of Science. Today, Erica's project: "Construction of a Novel Plasmid to Study Attachment Factor Secretion in Uropathogenic E. coli Bacteria," won first place in the Microbiology division, and she received a $3,000 prize. Erica is very involved in the service learning engineering projects at Commack High School, and is a member of Team Commack, a group of students who invent customized devices to assist the disabled. The Team has also been recognized at the national level for assistive technology developed for a worker at a local United Cerebral Palsy facility.
Alexis' project, "A Genetic Investigation of Autism: The Role of Type III/neuregulin-1/ErbB4 Signaling and Contactin4 in Neurodevelopment," took fourth place with an award of $500 in the Cell and Molecular Biology Division. She also received recognition and prize money as stated above. Her interest stems from helping her brother, who has Autism, and she is very active in volunteering with autistic children. She is also the winner of other prestigious awards, including a Coca-Cola Scholarship.
Accompanied at the competition all this week by Commack High School Principal Russ Stewart and Science Research Teacher Richard Kurtz, the girls exhibited and explained their research to judges and attendees at the competition. Richard Kurtz remarked, "These kids really deserved these awards. They work so hard at everything they do. The competition at these contests is mind boggling, and taking such high honors is an amazing tribute to the science program in the Commack School District, and to the tenacity of these young ladies."
Superintendent of Schools Dr. James Feltman was ecstatic when he heard the news. "We are absolutely thrilled at the results of the hard work of both Alexis and Erica, and that independent judges have found the quality of their research to be so commendable."
Erica Portnoy displays her project.
Alexis Tchaconas with high school principal Russ Stewart.
Erica and Alexis at the INTEL ISEF Competition.
ALS Ride For Life
Friday, May 14, 2010 at 11:55AM  |
On May 15, a field of 6,000 pinwheels will be on display at Stony Brook University as part of the University’s annual ALS Ride for Life Celebration & Remembrance Ceremony. Wheelchair bound patients battling ALS (amyotrophic lateral sclerosis) will ride to the pinwheel field at SBU as part of their “Ride for Life,” an event to raise awareness of ALS and funds for ALS research. The pinwheels represent the lives lost to ALS each year, with the hope that a cure is ‘blowin’ in the wind.’ The 2010 ride covers 125 miles, beginning May 10 in the Hamptons and ending along the Hudson River on May 22. In 2009, the ALS Comprehensive Care Center at Stony Brook University Medical Center became the first ALS Association (ALSA) Certified Center on Long Island. The ALSA is the preeminent national organization that funds ALS research and oversees qualified ALS clinics. The ALSA Center Program defines, establishes, and supports a national standard of care in the management of ALS. The SBUMC facility remains the only ALSA Certified Center on Long Island. Ride for Life Founder and President, Dr. Christopher Pendergast, a 17-year ALS survivor, is awarding the Center $65,000 from the 2009 Ride for Life proceeds. Each year the Ride for Life occurs during May, ALS Awareness Month. Since the inception of the ALS Comprehensive Care Center at SBUMC in 2002, Dr. Pendergast and the patient advocacy group has granted over $300,000 to the Center. The Pinwheel Memorial and Remembrance Ceremony at SBU that afternoon will include a gathering of ALS patients, along with their family and friends at the South P Lot on West Campus. The ceremony features a Remembrance Tribute, announcing the names of patients lost to the disease, an ecumenical healing prayer service, and a presentation about the ALS Clinic at SBUMC. Before the ride to the SBU West campus, riders will stop at the Long Island State Veterans Home at SBU. The event concludes with bicyclists supporting the Ride for Life arriving at the Pinwheel Memorial, after their 25, 50, 100, or 150-mile bike treks.
Shannon Troccoli
Shannon Troccoli
Smithtown Democratic Committee Recongnizes
Monday, May 10, 2010 at 10:38PM On Wednesday, May 12th between the hours of 6:30 and 9:30pm at the
Watermill in Smithtown, the Smithtown Democratic Committee is set to
recognize the efforts and contributions of two of their strongest
supporters, Martin Aponte and Elaine Turley. Both Marty and Elaine have
given so much of their time and energy, unselfishly, in support of
Democratic principles. Marty has long been considered the "go to guy" of the
committee and Elaine has long been considered " the force" that kept the
Smithtown Dem. Committee moving forward. Incoming chairperson, Edward Maher,
has a challenge ahead of him, however, he has the skills and vision to lead
the committee into the next decade. The path ahead may be difficult but
Marty and Elaine have demonstrated that anything and everything is possible.
Mr. Marty Aponte
Smithtown Democratic Committee’s
2010 Community Service Recipient
Mr. Martin (Marty) Aponte is the Hauppauge Zone Leader of the Smithtown Democratic Committee and a life-long Democrat. Marty is the Committee’s “He Can Do It” person. Whenever a task is needed to be expertly completed, Marty gets it done.
Marty's parents Michael and Maria Aponte moved into SmithtownPines in 1953, where they raised four children. Marty met his lovely wife Jeanine in High School and have been happily married for the last 23 years. Together they are raising three wonderful sons; Christopher 21, Nicholas 19 and Brandon 16.
Marty Aponte and family have worked tirelessly and seemingly effortlessly on our many Democratic Campaigns, starting in 1996. He was first selected to the position of Zone Leader in 2002.
Marty attended Hauppauge High School and graduated in 1980. He attended Suffolk Community College and 1983 earned a degree in Business. He received his Real Estate license in 1989.
Mr. Aponte began his working experiences as a bartender in Whispers Lounge (this lounge was named after Smithtown's legendry Bull, "Whisper") at Suffolk County's first hotel, The Sheraton of Smithtown. Soon after, he was promoted to the hotel’s Food and Beverage Manager. In 1984, he found employment in Smithtown’s Highway Department as a Heavy Equipment Operator. Martin Aponte was also a Correction Officer for the Suffolk County Sheriff Office.
The experience and training from these jobs, has taught Marty the invaluable lessons of trust, honor, loyalty, leadership and commitment. He shares his guidance and expertise with the Smithtown Democratic Committee on a daily basis.
Marty has given many years of volunteer community service. As a coach for the Hauppauge Youth Organizations (HYO) Basketball and Little League Baseball teams he enabled participants to excel in these sports activities. Additionally, he was a guide for the Fire Island Light House and presently, he volunteers at The Smithtown Historical Society.
We honor Mr. Martin Aponte’s commitment and leadership to the Smithtown Democratic Committee and sincerely appreciate all the hard work and efforts that he continues to exhibit to the Committee. It is with a great sense of pride and admiration that, “We Can Do It” for you and your family.
When Elaine Turley left her career as a title closer to spend more time with her two children in 1993 she immediately recognized the opportunity to advocate for the social and political policies she held dear. Contacting the Islip Town Democratic Committee to become involved in the political process was the obvious choice to promote a greater sense of community among her fellow citizens, advocate for gender equality and fairness, and to assure that her fellow citizenshad the supports available to reach their potential. When Elaine moved to Fort Salonga in 1997 she became a member of the Smithtown Democratic Committee and in 2005 was elected Chair. Elaine recently resigned the Chairmanship to devote more time to developing her law practice and to her family and personal life.
Elaine was a candidate for public office in 1998, 1999 and 2001. Elaine won 49.97% of the vote in her 1999 campaign for County Legislator against an eighteen year incumbent, losing by 126 votes. When she opposed a new candidate for the seat in 2001 she was defeated handily and decided to attend law school, a long unfulfilled goal. In 2005, while attending law school, Elaine became committee Chair and led two candidates to victory, the first for the committee in nearly a decade.
The values and political views that inform Elaine’s actions are borne in her experience of being raised by her mother, who was a victim of domestic violence and was forced to live in poverty when Elaine’s father left her with no work experience and three young children. Her mother, Audrey Anderson, worked as a school bus driver to feed her children and to keep the small house she and her husband bought in West Islip nine months before he left the family. Since Mrs. Anderson was not a member of a union and her company offered no health benefits, she and her children were not able to visit doctors or dentists for most of Elaine’s childhood.
When Elaine announced to her mother that she wanted to attend college, the first in her family to do so, the family was not able to offer assistance. Thanks to government assistance for disadvantaged students, Elaine graduated Suffolk Community College in 1979 but left SUNY Albany after one year for a job in New York City. When Elaine received her Bachelor’s Degree from Queens College in 1996 and her Juris Doctorfrom St. John’s School of Law in 2007, her husband, Bill Turley, and children, Brendan and Erica, were there to share the celebration. Elaine’s experience has reinforced her belief that college tuition assistance is a viable investment of taxpayer dollars that yields a high economic and immeasurable personal return to our society.
From 1994 through 2000, Elaine spent much of her time advocating for children and adults with special needs and was co-founder of the Nassau/Suffolk Parent Coalition, an organization which provided advocacy and information for parents of children with special needs. She was member of the Local Early Intervention Coordinating Council, the parent member of the West Islip School District Committee for Preschool Special Education, and a director of Community Enterprises, a supported employment organization for adults with special needs.
Elaine and Bill Turley have been married for nearly twenty years and have two children. Brendan who is completing his second year of college and Erica who will begin college in August. Elaine’s mother, Audrey, is enjoying a comfortable retirement in North Carolina, and her two sisters, Donna and Lynn, are her best friends.
Elaine’s law practice, the Law Office of Elaine A. Turley, represents clients in guardianship proceedings, Medicaid planning and Medicaid applications, estate planning and administration and real estate transactions. Elaine serves as guardian pro bono for a number of indigent persons in need of guardians. Many of Elaine’s clients are children and adults with special needs.