The Suffolk County Legislature OK’d the deal Tuesday, but voters will have the final say on an agreement that would drop two pending lawsuits environmental groups have filed against the county alleging a misuse of funds they say are reserved for protecting the county’s drinking water aquifer.
County legislators passed support for most of the deal 14-4 at their general meeting. First announced in June by County Executive Steve Bellone and the parties who initiated the lawsuits, part of the agreement maintained that after legislative approval, a public referendum would ultimately determine if the deal would go through.
The accord stems from what environmental advocates have called a “raiding” of a portion of the Drinking Water Protection Program, a quarter-percent sales tax that Suffolk voters have chosen to levy upon themselves through the year 2030. It is intended to protect groundwater through several specific uses, such as open space purchases and a fund dedicated to stabilizing residents’ sewer rates.
In 2011, and again in 2014, the county dipped into the sewer stabilization fund, using the money to help plug budget gaps. Environmentalists say that violates the terms under which voters agreed to tax themselves and is therefore illegal.
Under the proposed settlement, the county could still dip into the fund — which had a balance of around $140 million last year — until 2018, in order to meet long-term financial needs. However, any money diverted would have to be paid back in full by 2029. No interest would be attached to the repayment.
While the announcement in June required voter approval for any future changes in the Drinking Water program, legislators withheld support of that part of the deal on Tuesday. Deputy Presiding Officer Jay Schneiderman (I-Montauk) said that because negotiations are still technically ongoing — the lawsuit has not been officially dropped — the legislature was advised to table support for part of the agreement.
North Fork Legislator Al Krupski (D-Cutchogue) said he was at first “disturbed” by the agreement, since it contains no provisions guaranteeing the purchase of farmland in the future.
However, he said that Mr. Bellone and the Legislature’s willingness to preserve farmland on the East End in the past have eased his mind. And in the end, voters will still have the final say on whether or not this agreement suits their needs.
“I would have structured this a little differently, but I wasn’t at the table,” Mr. Krupski said Wednesday morning. “So I didn’t have that option … But I think if you look at this globally, this is the hand we were dealt. And past decisions have really made our options limited financially. This was, I felt, the best option to take.”
With county budget forecasts looking grim, Republican members of the Legislature — though split on the issue — expressed concern about the long-term viability of paying back the debt.
Legislator Rob Trotta (R-Fort Salonga) said he would rather see the dollars currently in the sewer stabilization fund — the section of the Drinking Water Protection Program that would be borrowed from — used to build sewers to revitalize the county’s downtown areas and update aging cesspool systems countywide.
“This is nothing more than kicking the can down the road with steel-tipped shoes,” Mr. Trotta said. “People are saying we cut a deal and fixed a problem. But we have beaches closing because cesspools are running into our water. Sewers would fix that.”
Legislator Ken Barraga (R-West Islip) voted in favor of moving the agreement to voters on the merits of giving the public the power to make its own decision. But he said paying the borrowed funds back by 2029 could end up being more trouble than it’s worth, a concern Mr. Krupski said the county would have to address before the payments come due.
Minority Leader John Kennedy (R-Smithtown), however, pointed out that if the lawsuits proceed, and the county prevails, it won’t have to replay the funds at all.