“The Sanitary District No. 2 in Baldwin is what I call an invisible government,” says Levinson, adding that most residents don’t even know that it imposes a different tax rate from the town’s. “The way to relieve some of the tax burden,” he says, “is to have the district dissolve itself. As long as that sanitary district is around, it has to have a tax rate.” He said most of the sanitation workers would keep their jobs with the town because “garbage is a growth industry.”
So Laura Mallay threw her hat in the ring, so to speak, and challenged Gerard Brown for sanitary commissioner in 2005.
“They came after me hard,” she recalls, shaking her head and sighing. “They were terrible to my children. Certain kids weren’t allowed to play with my kids anymore!” As she remembers the friends who stopped talking to her, a steely resolve seals her hazel eyes.
“You know, they did me a favor. If somebody is going to turn their back on you over a difference in beliefs, then they’re not really somebody you want in your life anymore or around your children, right?”
She lost big, but her struggle brought her an invitation to speak at Weitzman’s conference at Hofstra, where she met friends of Rosalie Hanson, who had been confronting Gordon Heights’ onerous fire district taxes for almost two decades.
Up In Smoke
When Rosalie Hanson moved about a mile and a half up the road from Coram in 1986 and bought a new three-bedroom ranch in Gordon Heights with her husband Alex, she was shocked to find out that she’d be paying $1,000 more for fire service than her sister, who had just bought a house in the same Medford zip code. A year later the Hansons got the state comptroller to audit the district, originally set up in 1952, and learned “there’s nothing you can do about it,” she recalls.
“As the community grows, the tax rate would go down, we were told,” says Hanson, a registered Republican. “Even though we added more homes, our taxes still went up.”
And so they fumed until 2006, when their district’s plight landed on the Sunday cover of Long Island’s daily newspaper.
“My husband came home with the paper, and I shouted, ‘Oh, my God, it’s Gordon Heights!’” Hanson recalls. “I reached out to some neighbors and we were off and running.”
They formed a group and educated themselves. They learned about a Brookhaven Town law that would let them dissolve their special tax district if they collected enough signatures on a petition to put the referendum to a vote. The catch, she says, was that “those who signed the petition had to represent 50 percent of the assessed value of the area.” It was daunting, but since her district had about 900 homes, Hanson’s group thought they could pull it off.
“It took six solid months,” Hanson says. “Some people would not sign out of fear. They thought some other emergency services would blacklist them, so I had to work twice as hard for those people who live in fear, you know?”
Her group turned in the petitions in August 2006, only to learn in October it was denied on a formal technicality. But that rejection only spurred them on. The following year, then-Gov. Eliot Spitzer set up a Commission on Local Government Efficiency “to devise a plan to consolidate some of the 4,200 independent taxing districts statewide and to make the remaining districts more cost-efficient,” his press release said. The commission held a public forum at Hofstra University where Laura Mallay, who by that time had formed a nonprofit group called Residents for Efficient Special Districts (RESD), invited Rosalie Hanson to speak. And so the connection was forged.
Huntington-based attorney Paul Sabatino II, who’s worked in Suffolk County government for many years and is now in private practice, got involved in Rosalie Hanson’s struggle in 2008 after the Town of Brookhaven had rejected her group’s petitions. Sabatino still remembers the shock he felt when he first saw the residents’ tax bills.
“Nobody in the State of New York should be paying what those people are paying,” Sabatino says. “You look at that and you say there’s got to be a remedy.”
In rejecting the group’s petitions the town had cited New York State election law, “which has nothing to do with it,” Sabatino says. “I think the reason beneath the surface was that it was a hot potato, and they didn’t want to confront the issue head-on.”
State Sen. Brian X. Foley (D-Blue Point), a former Brookhaven Town supervisor, explains the town’s quandary: “You have some neighbors pitted against others,” he says. “The fire department has been the focal point of that community…for decades. The town is trying to be as prudent as they can on this one.”
In a snowstorm on New Year’s Eve in 2008, Hanson’s group delivered their new petitions to town hall, still having to ensure that the signers represented at least 50 percent of the district’s assessed valuation.
“It was reviewed forever,” Sabatino says of the town’s process. For months the group heard nothing. Then one morning last October Sabatino says he got “a frantic call” that one of the town’s attorneys was reportedly telling people at a public meeting in Gordon Heights “how you can take your name off the petition,” he recalls. “So much time was going by, and then to hear that they were actually giving advice on how people could take their names off the petition! I went ballistic.”
Later that month a reporter from the North Shore Sun, which had named Hanson its “person of the year,” asked her reaction to the story he was working on: the Town of Brookhaven had accepted her group’s petition. Apparently, she was not the first to know.
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