HomeMy WebLinkAboutPeconic County JUDITH T. TERRY -
TOWN O_ERK
P~.EGISTRAR OF VITAL STATISTICS
OFFICE~OF TOW~CL. ER K
T~N OE SOUTHOED
SUFFOLK COUNTy
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
May 23, 1979
Mr. John Ammerman, Legislative Aide
Office of Senator Kenneth P. LaValle
The Senate
State of New York
Albany, New York 12247
Dear Mr. Ammerman:
Transmitted herewith is Home Rule Request
for the enactment of Assembly bill No. 6781, and
Home Rule Request for the enactment of Senate
bill No. 4771, both entitled "AN ACT to erect
the county of Peconic from the territory now
comprised of the towns of East Hampton, Riverhead,
Shelter Island, Southampton and Southold, in the
County of Suffolk"
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature: ~
Pursuant to Article IX of the Constitution. the ............................................................... o!
· Senate . - 477'1
So~thold requests me enactment of hill(No ................. ),
entitled"
AN ALT to erecL the county of Peconic frcm the territory now
c~t~rised of the towns of ?~t H~'t~/con, Riverhead, Shelter
Island, Southampton and Southold, in the County of Suffolk.
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
[] The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, usc separate sheet and attach hem)
Such request is made by: (Check appropriate box)
[] The chief executive ofcer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[J~The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See para,apb B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total met~-
bership of the local legislative body, both the chief executive ofcer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor o[ such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE .OF. FICER'S SIGNATURE
(Signed) ........... : ....................... ] ......................
Date: .................. , 19 ........................................................................
CLERK'S CERTIFICATION
Southold
I, Jud~:_t_h_. Ti.- T~..rry~ ...... do hereby certify that I am Clerk of the .................
............... ~own B_.o. ard ....... o! the _ T-9.~n- ......................... ~ ..............
Southold an,' 22nd May ,
of ............................ that on the ......... day of ...................
two-thirds
1979 , such legislative body, at least an, fav~~ of the total membership having voted in favor thereof,
approved the foregoing request. (strlke out one)
D.ta. ', Ma5~ 22,' 1979
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
HOME RULE REQUEST
(Request by a Local Government for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of the Constitution. the .................. ~ ............................................. of
.............. ~U~'li~],(namel ............................... requests the enactment of ,q, ssemnly'~e' ,-- b Il(No ................ 6781 ~
entitled"
AN ACT to erect the county of Peconic frcm the territory now
c~tgrised of the towns of East H~t~ton, Riv~rhead, Shelter
Island, Scuth~k~ton and Southold, in th~ County of Suffolk
It is hereby declared that a necessity exists for the enactment of such legislation, and that thc facts
establishing such necessity are as follows: (Check appropriate box)
[] The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
~ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE, .OFialCER'S SIGNATURE
(chief executive officer)
Date: ................. , 19
CLERK'S CERTIFICATION
I, _ ........ ~c3._d~_.th. _T.__..._Te_ rr~v _ , do hereby certify that I am Clerk of the
............. Town __Boar__d .............. of the ..... ~..O_W~
of .............. ~._outhg-1-.~_ ................ and that on the .~._2. P:d._._ day of __ ..~7 .................
(nam*)
two-thirds
19 79_. , such legislative body, at leasta~m~Xi~: of the total membership having voted in favor thereof,
approved the foregoing request. {strike out one)
..... Jud ~.th T_.,_..Te_r ry_ ...........
19_!__9_
THE SENATE
STATE OF NEW YORK
ALBANY 12~:47
:EIVED
MAY 1 0 1 /9
Tewn Clerk Southold
May 7, 1979
Town Clerk
Main Road
Southold, NY 11971
Dear Sir:
Constitutional provisions mandate that certain bills
require a Hcme Rule Request before the Legislature
can act uponthem. Senate bill 4771 (A-6781) is one
such bill.
We respectfully request that your office ~uL~lete th~
enclosed for~s and return th~ to us as soon as
possible.
Thank you for your b~lp in this matter.
S~cer~ly yours,
Legislative Aide
JA:ae
STATE NEW YORK
S. 4771 A. 6781
1979-1980 Regular Sessions
ENATE-ASSEMBLY
April 2, 1979
IN SENATE--Introduced by Sen. LaVALLE--read twice and ordered printed,
and when printed to be committed to the Committee on Local Government
IN ASSEMBLY--Introduced by M. of A. BEHAN--read once and referred to
the Committee on Local Governments
AN ACT to erect the county of Peconlc from the territory now comprised of the
towns of East Hampton, Rlverhead, Shelter Island, Southampton and Southold,
In the county of Suffolk
The People of the State of New York, represented in Senate and Assembly, do
enact as follows:
Section I. All that territory now comprised of the towns of East. Hampton,
2 Riverhead, Shelter Island, Southampton and Southold in Suffolk county is
3 hereby set off from Suffolk county and is erected into the county of Peconic.
4 Upon the taking effect on this act Peconic county is a peparate and distinct
5 county of the state of New York, except, however, that until constitutionally
6 and legally changed said territory shall continue to be, for the purpose of
7 electing a member of assembly, a part of the first assembly district of Suffolk
8 county, for the purpose o~f electing a senator, a part of the first senate district of
9 the state of-New York; for the purpose of electing justices of the supreme court,
10 a part of the tenth judicial district of the.state of New York, and for the purpose
11 of'electing a representative in congress, a part of the first congressional district
12 of the state of New York, as the same are now constituted, and the freeholders
13 and other inhabitants of Peconic cpunty for all purposes except as aforesaid.
14 shall have and enjoy the same rights, powers and privileges as the freeholders
15 and inhabitants of any of the counties of this state are by law entitled to have
16 and enjoy, and shall not be subject to be assessed and taxed by the county of
17 Suffolk.
18 § 2. Until new districts shall be established by law the electors of the territory
19 by this act erected into Peconic county shall continue'to vote for member of
20 assembly, senator, justices of the supreme court for .the tenth judicial district
21 and for representatives in congress as electom of Suffolk county, but for ali other
22 purposes and officers such electors shall vote as the electors of Peconic county.
23 The statements of every election held in such territory for member of assembly,
24 senator, justice of the supreme court and representative in congress shall be
EXPLA NATION -- Matter in itslies is new; matter in brackets [ ] is old law to I~ omitwd.
S. 4771 fo~ A,. 67~1
1 made to the board of elections of Suf county as now provided by law, and
2 thc statements of elections of all other offices, and upon all other subjects wh eh
3 may be submitted to the votes of electors shall be made to the board of elections
4 ~ ~#~econic county in the same manner as is not or may hereafter be provided by
5. t~e election 'law for elections held in the several counties of this state. But every
6 · such election shall ~e held under and according to the provisions of the elation
7 as it new exists or may hereafter be in force in relation to elections held in the
8 several counties of this state in the same manner and with like effect as though
9 the territory hereby erected into Peconic county had continued to be and to
10 remain a part of Suffolk county, excepting only as to the returns of elections Of
11 the several officers in this section specially designated, as above provided.
12 § 3. There shal~ be a county court, family court and surrogate's court in and
13 for Peconic county with such )urisdiction and powers re~spectively as are now
14 given by the constitution and the general laws to the county courts, family
15 courts and surrogate's courts respectively in the several counties Of this state
16 outside the city of New York. There shall be elected at the general election of
,17 nineteen hundred seventy-nine a county judge, a surrogate, a judge of the
18 family court, a district attorney, a sheriff, a county clerk and a county treasurer
19 for Peconic county. The annual salary of the county judge, surrogate and the
20 judge of the family court shall be as stated in the judiciary law. For the initial
21 term of office, the annual salary of the district attorney shall be fixed pumuant
22 to the provisions of section one hundred eighty-three-a of the judiciary law, the
23 annual salary °f the sheriff shall be fiftecn thousand d~ollars, the annual salary of
24 the c~unty clerk shall be fifteen thousand dollars, and the annual salary of the
25 county tres~surer shall be fifteen thousand dollars. Thereafter, except for
28"~members of the judiciary, the salaries of all other officers paid from county
27 funds sba. Il he fixed bv the legislature of Peconic county as provided by the
28 county law and all f~es, statutory or otherwise, for recording instruments,
29 making searches, and for rendering any service whatever of any nature
3(I whatsoever within the scope of the duties and powers of the said officers shall be
31 conveyed into the treasury of Peconic county for the use and benefit of the said
32 county. '
33 § 4. All the elective county officers for Peconic county, which are authorized
34 by law, including members of the legislature thereof, shall be elected at the
35 general electioh of this state in nineteen hundred seventy-nine, and the officers
36 elected thereat for the said county shall hold their offices respectively for the
37 terms now provided by law for the offices to which they are elected, to date from
33~ the first day of January next after the said election. In the meantime, in order
. that no existing rights may be prejudiced, and to prevent an interregnum, the
40 county officers of Suffolk cognty shall contiffue to have their present
41 jurisdiction, powers and duties in the territory within Peconic county ~ntil the
42 first day of January, nineteen hundred eighty, except as herein otherwise
43 provided.
44 § 5. The supervisors Of the said towns'of East Hampton, Riverhead, Shelter
45 Island, Southampton and Southold, elected at the general elections held in
46 nineteen hundred esventy-nine, shall constitute and are hereby declared to
47 constitute the legislature of Peconic county, with all the powers and privileges
48 appertaining to such board, and shall hold their first annual meeting on the
49 second day of January, nineteen hundred eighty at the county center at
50 Riverhead.
51 § 6. The county court, family court and surrogate's court, and also the sittings
52 and terms of the supreme court in and for Peconie county, shall be held at the
53 court house and the county center, as the case may be, at Riverh~gL
54 § 7. The county court and family court within Peconic county, on and after
55 the first day of January, nineteen hundred eighty, shall have the same
S. 4771 3
1 jurisdiction in said county over civil and criminal actions and special
2 proceedings as is now exercised under the provisions of law by the county court
3 and family court of Suffolk county. The surrogate's court of Peconic c~i~ty on
4 and after the first day of January, nineteen hundred eighty, shall have ~ same
5 jurisdiction in said county as is now exercised under the previsions of law'by the
6 surrogate's court of Suffolk county. However, the several cour'ts within Suffolk
7 county and within the tenth judicial district of the supreme court of the state of
8 New York shall have and retain jurisdiction of all criminal, civil and surrogate's
9 actions, proceedings and matters that shall have been rightly commenced in the
10 said county or in Peeonic county prior to the first day of January, nineteen
11 hundred eighty. Jurisdiction in Peconic county of all criminal, civil and
~ 12surrogate's proceedings and actions arising on and after the first day of January,
~.3 nineteen hundred eighty, shall be exclusively with'in the several courts of
14 Peconic county or of the supreme court for Peconic county.
15 § 8. Every duty now imposed by law upon any county officer of Suffolk
16 county to be done or performed in regard to any proceeding, record, document,
17 certificate or other instrument in writing after the same shall have been
18 commenced, filed or recorded by him shall continue to be done and performed
19 by such officer in regard to all proceedings commenced or papers filed or
20 recorded by him on Or before December thirty-first, nineteen hundred eighty, as
21 if this act had not been passed.
22 § 9. The legislature of Peconic county shall cans~ a seal of the said legislature,
.23 a county seal, a county treasurer's seal, and a surrogate's seal to be made at the
24 expense of the county, which seals shall be the official seals respectively of such
25 legislature, county, county treasurer and surrogate, and shall be used as such
26 respectively when anthori~qd by law.
27 § 10. The prisoners of Suffolk county shall be confined in the county jails at
28 Riverbeed, as provided by law, until an adequate jail, to be hereafter
29 constructed in Suffolk county, shall be furnished in such manner as in the
30 opinion of the sheriff of Suffolk county will confine the prisoners in the same,
31 when it shall be lawful for the said sheriff to remove and commit them to the jail
32 ~ or jails of Suffolk county. The reasonable charges and expenses of ~he sheriff of
33 Peconic county for the custody, maintenance and detention of all said prisoners
34 as may be thus committed to his charge shall be audited, levied, collected and
35 paid in the same manner as other expenses of Suffolk (~ounty.
36 § 11. The prisohers of Pqconic county who are at the prison farm in the town
37 of Breokhaven, and the children, who are residents of Peeonic county, in
38 detention at the Children's Shelter at Hanppaoge, in the town of Smithtown,
39 . shall be confined in the prison farm and in the Children's Shelter, as provided by
40 law, until suitable facilites are created in and by Peconic county, and they shall
41 then be removed to such suitable facilites in Peconic county. The reasonable
42 charges and expenses of the Sheriff of Suffolk county and of the family court for
43 the custody, maintenance a~d detention of all said prisoners and children shall
44 be audited, levied, collected and paid in the same manner as other expenses of
45 Peconic county. Nothing contained in this or the preceding section shall be
46 deemed to curtail the general powers of the sheriffs of either Peeonic or Suffolk
47 counties, and until such time as independent facilities are operative, they may
48 transfer prisoners between the jails and the prison farm as the sheriff of Suffolk
49 county has heretofore~
50 § 12. The books, records, documents, dockets of judgments and other
51 instruments in writiog relating to dbe towns of Babylon, Brookhaven,
52 Huntington, Islip and Smlthtown, and belonging to the offices of the county
53 clerk, county judge, surrogate, sheriff, family court, county treasurer and all
54 other county offices of Suffolk county shall remain the property of that county.
55 However, at the tithe this act takes effect, the custody of all such records
S. 4771 A. 6781
1 physically in Peconic couhty shall pass to and remain with the appropriate
2 county officers of Peconic county until otherwise provided by law or by
3 agreement between Peeonic and Suffolk counties.
4 § 13. All such books, records, documents, dockets of judgments and other
$ instruments in writing which relate to, concern or affect the real estate Or
6 persona] property or any other property in the towns of Babylon, Brookhaven,
7 Huntington, Islip and Smithtown, the title to which may be affected by any
8 such books, records, documents, instruments in writing, or dockets of judgment
9 shall continue to have the same force and effect in every respect and for every
10 purpose as if this act had not been passed. All conveyances by deed, mortgage or
11 otherwise,°and all documents, dockets of judgments or other instruments in
12 writing affecting real or personal property within the towns of B~bylon,
13 Brookhaven, Huntington, Islip and Smithtown, which are now required to be
14 recorded or filed in the various county offices of Suffolk county, shall on and
15 after the first day of January, nineteen hundred eighty continue to be fi]ed and
16 recorded at the place or places designated by such county officers of Suffolk
17 county when provision has been made therefor. Until the county officers of
,18 Suffolk county shall have provided facilities for the said county within the
19 territory of Soffolk county as reduced in size by this act, for such records, they
20 may be filed and shall be maintained in the respective offices as now located in
21 Suffolk county as it now exists, but not after January first, nineteen hundred
22 eighty except by agreement between Peeonic and Suffolk counties.
23 § 14. The books, records, docnments, dockets of judgments and other
24 instruments in writing relating to the towns of Eazt Hampton, Riverhsad,
25 Shelter Island, Southampton and 8outhold, and belonging to the offices of the
26 county clerk, county judge, surrogate, sheriff, family court, county treasuror
27 and all other county offices of Suffolk county shall be the property of Peoonic
28 ' county and the custody thereof shall pass to and remain with the appropriate
29 county officers of said county until otherwise provided by law or by agreement
30 between Peeonic and Suffolk counties.
31 § 15. All such books, records, documents, dockets of judgments and other
32 instruments in writing which relate to, concern or affect the rea] estate or
33 personal property or any other property in the towns of East Hampton,
34 Riverhead, Shelter Island, Southampton and Southold, the title to which may
35 be affected by any such books, records, documents, instruments in writing, or
36 dockets of judgments shall continue to have the same~orce and effect in every
37 respect and for every purpose as if this act had not been passed. All conveyances,
38 by deed, mortgage or otherwise, and all documer~ts, dockets of judgments or
39 °ther instruments in writing ~ffecting real or personal proper ty within the towns
40 °f East Hampton, Riverhead, Shelter Island, Southampton and Southold, which
41 now are required to be rocerded or filed in the various county offices of Suffolk
42 county, shall on and after the first day of January, nineteen hundred eighty, be
43 filed and recorded at the place or places designated by the appropriate county
44 officers of Peeonic county. Until the cot~nty officers of Peconic county shall have
45 provided facilities for said county within the territory of said county for such
46 records which relate to, concern or affect the real estate or perSOnal property or
47 any other property in the towns of East Hampton, Riverhead, Shelter Island,
48 ' Southampton and Southold, as have heretofore been filed and recorded in the
49 town of Babylon, Brookhaven, Huntington, Islip and Smithtown, they shall be
50 maintained in the respective offices as located, but not after January first,
51 nineteen hundred eighty except by agreement between Peeonic and Suffolk
52 counties.
53 § 16. The county officers of Peconic and Suffolk c~unties shall m~ke available
54 to each other facilities which may be needed by either for the operation of their
55 respective departments until facilities therefor have been created in Suffolk
S. 4771 5 A. 6781
I county, as reduced in size by this act, or in Peconic county, as ~he case may be,
2 but not after January first, nineteen hundred eighty except by agre0m~nt
3 between said counties. ~ ~
4 § 17. All records, documents and papers now on file in the offices and in'the
5 possession of the departments of government of Suffolk county, as it now exists,
6 other than ~hose heretofore specified, and in relation to any matter or thing
7 relating to the administration of Peconie county at the time this act takes effect,
8 shall be made available to appropriate officers of Peconic county, and copies
9 thereof may be made by the officers of Peconic county.
10 § 18. All records which affect property rights or which may appear to be
11 needed by any of the departments of the county government of Suffolk county,
12 as reduced by this act, on and after January first, nineteen hundred eighty, and
13 which are in the pesseesion of officers of Peconic county, shall be made available
14 to the officers of Suffolk county and copies thereof may be made by the officers
15 'of the county of Suffolk.
16 § 19. The charges for the care of prisoners and children, as set forth in sections
17 ten and eleven hereof, the rent to be Charged by either county to the officers and
18 employces of the other coun'ty after Januar.y first, nineteefi hundred eighty, and
19 the cost of transferring or copying of records shall be agreed upon by the
20 legislature of Suffolk county and the legislature of Peconie county. In the event
21 that the said legislatures are unable to agree within six months after the demand
22 for payment has been made, the supreme co. urt of th~ ninth judicial district shall
23 have power to determine and enforce any such demand a~ shall be made, in the
24 premises in a suit in equity to be brought in the name of either county, or in the ·
25 name of an officer of either county, but not later than one year a~ter the said
26 demand has been made.
27 § 20. Upon the t~king effect of this act the assets and liabilities of Suffolk
28 county as it now exists shall be divided between Peconic county and Suffolk
29 county az hereinafter provided. Such part of said assets as Shall consist of real
30 property shall vest in and belong to the county in which it is located. The value
31 of all such real property shall be determined and'such value shall be apportioned
32 between Peconic county and Suffolk county according to the relative average
33 t~x levies for general county purposes in' the respective groups of towns
34 comprising said counties for the ten-year period preceding the enactment of this
35 a_ct. The remainder of such assets, including all unpaid arrears of taxes, shall be
36 apportioned between Peconie county and Suffolk county and the proportion of
37 such liabilities which shall be assumed by Peconic county shall be determined
38 according to the'relative assessed valuation of the real property, excluding the
39 exempt property, in the respective counties. The legislatures of the counties of.
40 Suffolk and Peconic are hereby authorized and empowered to agree if they can
,41 as tb su0h division. If the said legislatures are unable to agree within six months
42 after this act takes effect as to the division of the said property and proportion
43 of debt to be assumed by Peconic county, the supreme court of the ninth
~4 judicial district shall have power to determine such division and such proport on
45 and to enforce such award, division apportionment and determination as shall
46 be made in the premises in a suit in equity to be brought by and in the name of
47 either of said parties not less than six months nor more than one year after the
48 t~king of effect of this act.
49 § 21. Nothing contained in this act shall impair the obligation of any contract,
50 ~nd the property and inhabitants of the territory by this act erected into
51 Peconic county shall continue liable to the existing creditors o~ Suffolk county in
52 like manner as if this act had not been passed, Provided that if any person by
53 reason of being an inhabitant of or owning property in said territory shall be
54 compelled to pay any part of the existing debt or obligation of Suffolk county,
55 the amount of such payment shall hereupon become a debt due to him from
t
S. 4771 A. 6781
I Peconic county as hereby erected and may be recovered in like manner as other
2 debts against said Peconic county.
3 § 22. All acts and parts of acts specially applicable to Suffolk county and now
4 in force therein and not inconsistent with this act shall continue in full force and
5 effect in Peconic county, a~ well as Suffolk county, as though the saidPeconic
6 county had been in existence at the time of the passage of the said acts and as
7 though the name of Pceonic county had appeared in the said acts and parts of
8 acts wherever the name of Suffolk county appears in the said acts or parts of
9 acts, except that chapter two hundred seventy-eight of the laws of New York,
10 nineteen hundred fifty-eight, providing a charter form of government for
11 Suffolk county, and all ameudments thereto, shall not be applicable to Peconic
12 county.
13 § 23. Peconic county, upon adoption of this act~ as hereinafter provided, shall
· 14 ' be a municipal corporation. It shall~have and exercise all the rights, privileges,
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
37
38
39
4O
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
functions and powers conferred upon it and shall be subject to all the duties and
obligations imposed upon it by the county law and other existing or subsequent
laws not inconsistent with the previsions of this act.
§ 24. At the general election in November, nineteen hundred seventy-nine,
there shall be submitted to tlie voters of the towns of East Hampton,
.Riverhead, Shelter Island, Southampton and Southold, the question: "Shall the
territory within the towns of East Hampton, Riverhcad, Shelter Island,
Southampton and South6ld be erected into the county of Peconic?" If it shall
appear that a majority of the votes cast on said question at said general election
were against the erection of Peconic county, then this act shall be inoperative
and void.
§ 25. This act shall take effect immediately.
Bill Number:
Assembly ....................... S~r a~e ..~i~ ~ ~y ........
'[%:--'J Memo on original draft o1' bill
[] Memo on amended bill
Sponsors: Members of Assembly:y~H_At_~_ _.~./,,-C,
Introcl~lced at the request of_ Towns of East Hampton, Ri~h~d, Shelter Island,
S o u t h~nnp ~Si~]ib~ "~ .........
Title of Bill:
PurposeorGeneralldeaofBilh
TO permit the creation of Peconic County which would be comprised
of the five eastern townships of Suffolk County.
Summa~ of Specific Provisions:
Amends Section 5 of Article 3 of the Constitution by deleting
the provision that prohibits the erection of a new county unless
its population entitles it to a member of the Assembly.
EffectsofPresentLaw whichThisBillwouldAIter:
See above.
Justification: Based on the 197~ Federal Census the total population of the
five eastern townships of Suffolk County is approximately 84,000.
Thus, pursuant to Section 5, Article 3 of the Constitution, there is
insufficient population to create a new county because 84,000 is far
short of the approximately 121,000 needed for an Assembly district.
There is strong local support for the creation of Peconic
Couaty and this Resolution will remove the constitutional obstacle.
l'rior [_eg[slative History: I)efcated by the voters at:
November 6, 1973.
} iscaJ Implications for State and Local Governments: None
the gene-ral elechion held
to Sta he.
f fiuctiv~ Datm
Janu,~ry 1 ne×t ~.;ucc:oed[ng tho. a~)proval of the voters at a
general., election Jn accordance with Section 1 of Artlule'~ · 19 of
Lhe Constitution. '
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
February 6, 1980
Honorable Kenneth P. LaValle
New York States, Senator
The Senate
State of New York
Albany, New York 12247
Dear Senator LaValle:
Enclosed herewith is fully executed Home Rule
Request for Senate Bill 4771 which was authorized
by resolution of the Southold Town Board on February
5, 1980.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures (4)
IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
~ :v:. HOME RULE REQUEST ' '
(RequeSt by a Local Government for Enactment of a Special Law)
To the Legislature:
_'t-:., Pursuant to Article IX of the Constitution, the ............. ~_ Town. .....................} ......... L:_: 2z .......... ot
Senate
....... 2 ........................ Southol& ................ requests the enactment of~,c,~mbly bill(No .... 4771- _ i~
entitled"
AN ACT to erect the county of Peconic from the territory
now comprised'of the towns of East Hampton, Riverhead,
Shelter Island, Southampton and Southold, in the county
of Suffolk
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establish!ng such necessity are as follows: (Check appropriate box)
[] The.:local government does not'have, the power tc enact such legislation by local law.
[] Other facis, as set forth in the: following ~'Explanation" establish such necessity.
.-.,~ . . EXPLANATION ' :'.'.,~ ,..:: - .
...... , , (If space below is not sufficient, use separate sheet and attach here) "'
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a maiority of the total membership
of the local legislative body. (See paragraph A beIow~
[]}: The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such requesL (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater~
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the Iocal legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
Date:
(Signed) .....................................................
CLERK'S CERTIFICATION
I, J_u..d_?c~ T.. '~.O_g' _rk' .............. do hereby certify that I am Clerk of the ...............
........ ~'gLw_n._ Bq~rd .............. of the _ ~O.-lP~n~ .........................
of ....... Soqth9~.~ ........................ and that on the ... PgD_ ..... day of ~F.~_P~a~_ .
19.8Q ,[su~ J}gi~lative body, a~ least~tw°]th{rds of the total mcmbcrship having voted in favor thereof,
ap~r~yed the foreg?l~g T~quest.
Date: ....... F_~D~gg~Y___~_ ....... 19_~.Q__
THE: SENATE:
STATE OF NEW YORK
ALBANY
RECEIVED
1 80
Oerk South*old
January 31, 1980
Southold Town Clerk
Main Road
Southold, New York 11971
Dear Sir:
Constitutional provisions mandate that certain bills require a Home Rule
Request before the Legislature can act upon them. Senate bill 4771 is one
such bill.
We respectfully request that your office complete the enclosed forms and
return them to us as soon as possible.
Thank you for your help in this matter.
Sincerely yours,
Kenneth P. LaValle
KPL :mg
eric.
ED
S. 4771 A. 6~B'~n C~erl( Souttiold
1979-1980 Regular Sessions
SENATE-ASSEMBLY
April 2, i979
IN SENATE--Introduced by Sen LaVALLE--read twice and ordered printed,
and when printed to be committed to the Committee on Local Government
INA"SSEMBLY--Introduced ~ by M. of A. BEHAN--read once and referred ~o
the Committee on Local Governments
AN ACT to erect the county of Peconlc from the territory now comprised of'the
towns of East Hampton, Rlverhead, Shelter Island, 8outhampton and Southold,
In the county of Suffolk
The People of the State.of New York, represented in Senate and Assembly, do
enact as follows:
I Section I. All that territory now comprised of the towns of East Hampton,
2 Riverhead, Shelter Island, Southampton and Southold in Suffolk county is
3 hereby set off from Suffolk county andis erected into the county of Peconic.
4 Upon the taking effect on this act Peconic county is a separate and distinct
5 county of the state of New York, except, however, that until constitutionally
6 and legally changed said territory shall continue to be, for the purpose of
7 electing a member of assembly, a part of the first assembly d strict of Suffolk
8* county, for the purpose of electing a senator, a part of t~he first senate district of
9 the state of New York; for the purpose of electing justices of the supreme court,
I0 a part,of the tenth judicial district of the state of New York, and for the purpose
ll of electing a representative in congress, a part of th~ first congressional district
12 of the state of New York, as the same are now constituted, and the freeholders
13 and other inhabitants of Peconic county for all purposes exce~)t as aforesaid
14 shall have and enjoy the same rights, powers and privileges as the freeholders
15 and inhabitants of any of the counties of this state are by law entitled to have
16 and enjoy, and shall not be subject to be assessed and taxed/by the county of
17 Suffolk.
18 § 2. Until new districts shall be established by law the electors of the territory
19 ~by this act erected into Peconic county shall continue to vote for member of
20 assembly, senator, justices of the supreme court for the tenth judicial district
21 and for representatives in congress as electors of Suffolk county, but for all other
22 purposes and officers such electors shall vote as the electors of Peeonic county
23 The statements of every election held in such territory for member of assembly,
24 senator, justice of the supreme court and representati'4e in congress shall be
EXPLANATION -- Matter in italics ~ new; matter in bracke~ [ ] is old law to be omitted.
S. 4771 2 A. 6781
1 made to the board of elections of Suffolk county as now provided by law, and
2 the statements of elections of all other offices, and upon all other subjects Which.
3 may be submitted to the votes of electors shall be made to the boarcbobelections
4 of Peconic county in the same manner as is not or may hereafter be pi'dvided by
5 the election law for elections held in the several counties of this stat~:But every
6 such election shall be held under and according to the provisions of:the election
7 as it new exists or may hereafter be in force in .relatioh to elections held in the
8 several counties of this state in the same manner and with like effect as though
9 the territory hereby erected into Peconic county had cont!nued to be and to
l0 remain a part of Suffolk county, excepting only as to the returns of. elections of
11 the several officers in this section specially designated, as above provided.
12 § 3. There shall be a county court, family court and surrogate's court in and
13 for Peconic county with such jurisdiction and powers respectively as are now
14 given by the constitution and the' general laws to the county courts, family
15 courts and surrogate's courts respectively in the several counties of this state
16 outside the city of New York. There shall be elected at the general election of
17 nineteen hundred seventy-nine a county judge, a surrogate, a judge of the
18 family court, a district attorney, a sheriff, a county clerk and a county treasurer
19 for Peconic county. T, he annual salary of the county judge, surrogate and the
20 judge of the family court shall be as stated in the judiciary law. For the initial
21 term of office, the annual salary of the district attorney shall be fixed pursuant
22 to the provisions of section one hundred eighty-three-a of the judiciary law, the
23 annual salary of the sheriff shall be fifteen thousand dollars, the annual salary of
24 the county clerk shall be fifteen thousand dollars, and the annual salary of the
25 county treasurer shall be fifteen thousand dollars. Thereafter, except for
26 members of the judiciary, the salaries of all other officers paid from county
27 funds shall be fixed by the legislature Of Peconic county as provided by the
county law and.all fees, statutory or otherwise, fo~ recording instruments,
29 making searches, and for rendering any service whatever of any nature
30 whatsoever within the scope of the duties and powers of the said officers shall be
31 conveyed into the treasury of Peconic county for the use and benefit of the said
32 county.
33 § 4. All the elective county officers for Peconic county, Which are authorized
34 by law, including members Of the legislature thereof, shall be elected at the
35 general election of this state in nineteen hundred seventy-nine, and the officers
36 elected thereat for the said county shall hold their offices respectively for the
37 terms now provided by law for the offices to which they are elected, to date from
38 the first day of January next after the said election. In the meantime, in order
39 that no existing rights may be prejudiced, and to prevent an interregnum, the
40 county officers of Suffolk county shall continue to have their present
41 jurisdiction, powers and duties in the territory within Peconic county until~the
42 first day of January, nineteen hundred eighty, except as herein otherwise
43 provided.
44 § 5. The supervisors of the said towns of East Hampton, Riverhead, Shelter
45 Island, Southampton and Southold, elected at the general elections held in
46 nineteen hundred seventy-nine~ shall constitute and are hereby declared to
47 constitute the legislature of Peconic county, with all the powers and Privileges
48 appertaining to such board, and shall hold their first annual meeting on tlie
49 second day of January, nifleteen hundred eighty at the county center at
50 Riverhead.
51 § 6. The county court, family court and surrogate's court, and also the sittings
52 and terms of the supreme court in and for Peconic county, shall be held at the
53 court house and the county center, as the case may be, at Riverhead.
54 § 7. The county court and family court within Peconic county, on and after
55 the first day of January, nineteen hundred eighty, shall have the same
S. 4771 ~ 3 A. 6781
1 jurisdiction in said county over civil and criminal actions and special
2 pre,sealings as is now exercised under the provisions of law by the county ceurt
3 ~ndM~mLly court of Suffolk county. The surrogate's court of Peconie county on
4 and after the first day of Jarm~ry, nineteen hundred eighty, shall have the same
5 jurisdiction in said county as is now exercised under the provisions of law by the
6 surrogate's ceurt of Suffolk county. However, the several courts within Suffolk
7 county and within the tenth judicial district of tbs supreme court of the state of
8 New York shall have and retain jurisdiction of all criminal, civil and surrogate's
9 actions, proceedings and matters that shall have been rightly commenced in the
10 said county or in Peconic county prior to the first day of January, nineteen
11 hundred eighty. Jurisdiction in Peconic county of all criminal, civil and
12 surrogate's proceedings and actions arising on and after the first day of January,
13 nineteen hundred eighty, shall be exclusively within the several courts of
14 Peconic county or of the supreme court for Peconic county.
15 § 8. Every duty now imposed by law upon any county officer of Suffolk
16 county to be done or performed in regard to any proceeding, record, document,
17 certificate or other instrument in writing after the same shall have been
18 commenced, filed or recorded by him shall continue to be done and performed
19 by such officer in regard to all proceedings commenced or papers filed or
20 recorded by him on or before. December thirty-first, nineteen hundred eighty; as
21 if this act had not been passed.
22 § 9. The legislature of Peconie county shall ~use a seal of the said legislature,
23 a county seal, a county treasurer's seal, and a surrogate's seal to be made at the
24 expense of the county, which seals shall be the official seals respectively of such
25 legislature, county, county treasurer and surrogate, and shall be used as such
26 respectively when authorized by law.
27 § 10. The prisoners of Suffolk county shall be confined in the county jails at
28 Riverbead, as provided by law, until an adequate jail, to'be hereafter
29 constructed in Suffolk county, shall be furnished in such manner as in the
30 opinion of the sheriff of Suffolk county will confine the prisoners in the same,
31 when it shall be lawful for the said sheriff to remove and commit them to the jail
32 or jails of Suffolk county. The reasonable charges and expenses of the sheriff of
33 Peconic county for the custody, maintenance and detention of all said prisoners
34 as may be thus committed to his charge shall be audited, levied, collected and
35 paid in the same manner as other expenses uf Suffolk ,county,
36 § 11. The prisoners of Peconic county whn are at the prison farm in the town
37 of Brookhaven, and the children, who are residents of Peconic county, in
38 detention at the Children's Shelter at Hauppange, in the town of Smithtown,
39 shall be confined in the prison farm and in the Children's Shelter, as provided by
40 law, until suitable facilites are created in and by Peconic county, and they shall
41 then be removed to such suitable faeilltes in Peoonie county. The reasonable
42 charges and expenses of the Sheriff of SuffoLk county and of the family court for
43 the custody, maintenance and detention 6f all said prisoners and children shall
44 be audited, levied, collected and paid in the same manner as other expenses of
45 Peeonie county. Nothing contained in this or the preceding section shall be
46 deemed to curtail the general powers of the sheriffs of either Peconic or Suffolk
47 counties, and until such time as independent facilities are operative, they may
48 transfer prisoners between the jails and the prison farm as the sheriff of Suffolk
49 county has heretofore.
50 § 12. The books, records, documents, dockets of judgments and other
51 instruments in~writlng relating to the towns of Babylon, Brookhaven,
52 Huntington, Isllp and Smithtown, and belonging to the offices of the county
53 clerk, county judge, surrogate, sheriff, family court, county treasurer and all
54 other county offices of Suffolk county shall remain the property of that county.
55 However, at the time this act takes effect, the custody of all such records
S. 4771 4 A. §781
1 physically in Peconic county shall pass to and remain with the appropriate
2 county officers of Peconic county until otherwise provided by ta~or by
3 agreement between Peconic and Suffolk counties ,
4 § 13. All such books, records, documents, dockets of judgments a~d other
5 instruments in writing which relate to, concern or affect the real estate or
6 personal property or any other property in the towns of Babylon, Brookhaven,
7 Huntington, Isli~ and Smithtown, the title to which may be affected by any
8 sach books, records, documents, instruments in writing, or dockets of judgment
9 shall continue to have the same force and effect in every respect and for every.
10 purp°se as if this act had not been passed. AIl conveyances by deed, mortgage or
11 otherwise, and all documents, dockets of judgments or other instruments in
12 writing gffecting real or personal property within the towns of Babylon,
13 Brookhaven, Huntington, Islip and Smithtown, which are now required to bo
14 recorded or filed in the various county offices of Suffolk county, shall on and
15 after the first day'of January, nineteen hundred eighty continue to be filed and
16 recorded at the place or places designated by such county officers of Suffolk
17 county when provision has been made therefor. Until the county officers of
18 Suffolk county shall have provided facilities for the said county within the
19 territory of Suffolk county as reduced in size by this act, for such records, they
20 may be filed and shall be maintained in the respective offices as now located in
21 Suffolk county as it now exists, but not after January first, nineteen hundred
22 eighty except by agreement between Peconic and Suffolk countieS.
23 § 14. The books, records, documents, dockets of judgments and other
24 instruments in writing relating to the towns of East Hampton, Riverhead,
25 Shelter Island, Southampton and Southold, and belonging to the offices of the
26 county clerk, county judge, surrogate, sheriff, family court, county treasurer
27 and all other county offices of Suffolk county shall be the property of Peconic
28 · dounty and the custody thereof shall pass to and remain with the appropriate
29 county officers of said county until otherwise provided by law or by agreement
30 between Peeonic and Suff61k counties.
31 § 15. All such books, records, documents, dockets of judgments and other
32 instruments in writing which relate to, concern or affect the real estate or
33 personal property or any other property in the towns of East Hampton,
34 Riverhead, SheJter Island, Southampton and Southold, the title to which may
35 be affected by any such books, records, documents, instruments in writing, or
36 dockets of judgments shall continue to have the same force and effect in every
37 respect and for every purpose as if this act had not been passed. All conveyances
38 by deed, mortgage or otherwise, and all documents, dockets of judgments or
39 other instruments in writing affecting real or personal property within the towns
40 of East Hampton, Riverhead, Shelter Island, Southampton and Southold, which
41 now are required to be recorded or filed in the various county offices of Suffolk
42 cbunty, shall on and after the firs~ day of January, nineteen hundred eighty, be
43 filed and recorded~at the place or places designated by the appropriate county
44 officers of Peconic county. Until the county officers of Peconic county shall have
45 provided facilities for said county within the territory of said county for such
46 records which relate to, concern or affect the real estate or personal property or
47 any other property in the towns of East Hampton, Riverhead, Shelter Island~
· 48 Southampton and Southold, as have heretofore been filed and recorded in the
49 town of Babylon, Brookhaven, Huntington, Islip and Smithtown, they shall be
50 maintained in the respective offices as located, but not after January first,
51 nineteen hundred eighty except by agreement between Peconic and Syffolk
52 counties.
53 § 16. The county officers of Peconic and Suffolk counties shall make available
54 ' to each other facilities which may be needed by either for the operation of their
55 respective departments Until facilities therefor have been created in Suffolk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
37
38
39
40
41
42
43
46
47
48
49
51
52
55
S. 4771 5 A. 6781
county, as reduced in gize by this act, or in Peconic county, as the case may be, '
hot, not after January first, nineteen hundred eighty except by agreement
between said counties.
§.17. All records, documents and papers now on file in the offices and in the
possession of the departments of government of Suffolk county, as it now exists,
Other than those heretofore specified, and in relation to any mat~er or thing
relating to the administration of Peconic county at the time this act takes effect,
shall.be made available to appropriate officers Of Peeonic county, and topic6
thereof may be made by the officers 6f Peeonie county.
§ 18~ All records which affect pr6perty rights or which may appear to be
needed by any of the departments of the county government of Suffolk county,
as r~duced by this act, on and after January first, nineteen hundred gighty, and
which are in the possession of officers of Peeonic county, shall be made available
to the officers of Suffolk county and copies thereof may be made by the officers
of the county of.Suffolk.
§ 19. The charges for the care of prisoners and children, as set forth in sections
ten and eleven hereof, the rent to be charged by either county to the officers and
employees of the other sounty after January first, ninetcer~ hundred eighty, and
the cost of transferring or copying of records shall be agreed upon by the
legislature of Suffolk county and the legislature of Peconic county. In the event
that the said legislatures are unable to agree within six months after the demand
for payment has been made, the supreme court of the ninth judicial district shall
have power to determine and enforce any such demand as shall be made in the
premises in a suit in equity to be brought in'the name of either county, or in the
name of an officer of either county, but not later than one year after the said
demand has been made.
§ 20. Upon the taking effect of this act the assets and liabilities of Suffolk
county as it now exists shall be divided between Peeonic county and Suffolk
county as hereinafter provided. Such par~: of said assets as shall consist of real
property shall vest in and belong to the county in which it is located. The value
of all such real property shall be determined and such valqe shall be apportioned
between Peconic county and S~tffolk county according to the relative average
tax levies for general county purposes in the. respective groups of towns
comprising said counties for the ten-year period preceding the enactment of this
act. The remainder of such assets, including all unpaid arrears of taxes, shall be
apportioned between Peconie county and Suffolk county and the proportion of
such liabilities which shall be assumed by. Peeonie county shall be determined
according to the relative assessed valuation of the real property, excluding the
exempt property, in the respective counties. The legislatures of the counties of
Suffolk and Peconic are hereby authorized and empowered to agree if they. can
as to such division. If the said legislatures are unable to agree withih six months
after this act takes effect as to the division of the said property and proportion
of debt to be assumed by Peeonic county, the supreme court of the ninth
judicial district shall have power to determine such division and such proportion
and to enforce such award, division apportionment and determination as shall~
be made in the premises in a suit in equity to be brought by and in the name of
either of said parties not less than six months nor more than one year after the
taking of effect of this' act,
§ 21. Nothing contained in this act shall impair the obligation of any contract,
and the property and inhabitants of the territory by this act erected into
Peconic county shall continue liable to the existing creditors of Suffolk count3~ in
like manner as if this act had not been pa~ed, provided that if any person by
reason of being an inhabitant of or owning property in said territory shall be
compelled to pay any part of the existing debt or obligation of Suffolk county,
the amount of such payment shall thereupon become a debt due to him from
18
19
2O
21
22
23
24 were against the erection of Peconic county, then
25 and void.
26 § 25. This act shall take effect immediately.
27
31
34
35
36
37
38
39
4O
41
42
"43
44
45
46
47
48
49
~50
51
52
53
54
55
· S. 4771 6 A. 6781
1 Peconic county as hereby erected and may be recovered in like manner as other
2 debts against said Peconic county.
3 ' § 22. All acts and parts of acts specially applicable to Suffolk county and now
4 in force therein and not inconsistent with this act shall continue in full force and
5 effect in P~conic county, as well as Suffolk county, as though the said Peconic
6 county had been in existence at the time of the passage of the said acts and as
7 though the name of Peconic county had appeared in the said acts and parts of
8 acts wherever the name of Suffolk county appears in the s~aid ~cts or parts of
9 acts, except that chapter two hundred seventy-eight of the laws of New York,
10 "nineteen hundred fifty-eight, providing a charter form of government for
11 Suffolk county, and all amendments thereto, shall not be applicable to Peconic
12 county.
13 § 23. Peconic county, upon adoption of'this act, as hereinafter previde~, shall
14. be a municipal corporation. It shall have and exercise all the rights, privileges,
15 functions and powers conferred upon it and shall be subject to all the duties and
16 obligations imposed upon it by the county law and other existing or subsequent
17 laws not inconsistent with the provisions of this act.
§ 24. At the general election in November, nineteen hundred seventy-nine,
there shall be submitted to the voters of the towns of East Hampton,
Riverhead, Shelter Island, Southampton and Southold, the question: "Shall the
territory within t~e towns of East Hampton, Riverhead, Shelter Island,
Southampton and Southold be erected into the county of Peconic?" If it shall
appear that a majority of the votes cast on said question at said general election
this act shall be inoperative
Bill Number:
Assembly ......
L~ Memo on original draft of bill RECEIVr-D
Uemo' a .en ecl bi.
Sponsors: Members of Assembl¥:./,~IHAN' 'i*--*-~--:~7~-' ~'.-.
/
Introd~.,ced at the requesl of Towns of ~ast Nampton,
SaEEha,a~ton,
Title of Bill:
Purpose or General Idea of Bill:
Riverbed, Shelter Island,
To permit the creation of Peconic County t~hich.would be comprised
of the five eastern townships of Suffolk County.
Summan/of spe~fic Provi~ons:
.Amends Section 5 of Article
the provision that prohibits the
its population entitles it to a member of the Assembly.
3 of the Constitution by deleting
erection of a new county unless
Effects of Present Law which This Bill would Alter:
See above.
Justification: Based on the 1~7~ Federal Census the t~tal population of the
five eastern townships of Suffolk County is approximately 84,000.
Thus, pursuant to Section 5, Article 3 of the Constitution, there is
insufficient population to create a new county bedause 84.,000 is fa~
. short of the approximately 121,000 needed for an Assembly district.
There is strong local support for the creation of Pec~nic
County and this Resolution will remove the constitutional obstacle.
Prior Legisla6veHistory: Defeated by the voters at ti~e g.eneral el'echion held
November 6, 1973-
Fiscal Implications for State and Local Governments:
None to Skate-
E[fuctiveDa~e: January 1 next succeeding the approval of the voters at a
genera], eleckion in aCCordance with Section 1 of Article 19 Of
nhe Constitution-
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF TOWN 'C'LERK
TOWN OF SOUTHOLD
SUFFOLK COUNTY
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
June 13, 1980
Honorable John L. Behan
New York State Assemblyman
Legislative Office Building
Room 523
Albany, New York 12248
Dear John:
Enclosed herewith are executed home rule requests
for A. 6781-C and S. 4771-C. Resolutions were adopted
by the SoK~hold Town Board at a regular meeting held
on June 10, 1980 covering these requests.
Very truly yours,
J~erry
Town Clerk
Enclosures
JOHN L. BEHAN
THE ASSEMBLY
STATE OF NEV~ YORK
ALBANY
May 27,
Orig
Copies
Adg. Date. ~'/1oz'
1980
Honorable William Pell
Supervisor
Town of Southold
53095 Main Road
Southold, New York ~11971
Dear Bill:
Please find enclosed a copy of a home rule
request for A. 6781C and S. 4771C. At this time
the final outcome on the home rule still remains
in doubt. However, I would like to have on
record the support of the five east end towns
on the Peconic County issue.
It is also possible that a final compromise
could be worked out on the home rule issue which
would require home rule message only from the
five east end towns. If this should be the
final result, I would iike to have the home rule
messages on file so that we may proceed expedi-
tionsly with the legislation.
Your 'quick consideration of this matter would
be appreciated.
S inc~',z'eiy,
,~]...l~le~ber of Assembly
Enclosure
IMPOR~NT= READ INSTRUCTIONS ON RE'II'sE SlUE
HOME RULE REQUEST
(Request by a Local Government for Enactnrcnt of a Special Law)
To the Legislnture:
Pursuant to Article IX of the Constitution, the ...... T_Qw_n ............................. of
Senate 4771-C
................ Sonthold ...................... requests the enactment of ~ bill(No ................. ),
entitled"
AN ACT to erect the county of Peconic from the territory
now comprised of the towns of East H~lpton, Riverhead,
Shelter Island, Southampton and Southold, in the county
of Suffolk.
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
E The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[~The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive officer and concurred in by a majority of the total mem-
bership of the local legislative body, both the chief executive officer and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CtlIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed)
Date: ............ , 19
CLERK'S CERTIFICATION
I, ..................... JUdith T. Terry , do hereby certify that I am Clerk of the__T. Qw_n__~oard: .......
............................................... of the .......... Tow~ ..........................
of .......... Southold ............... and that on the loth ..... day of
- two-thirds f
19 $0 snch legislative body, at least~ _v^~.~ o the tota! membership having voted in favor thereof,
approved thc foregom~ request.
THE ASSEMBLY
STATE OF NEW YORK
ALBANY
May 27,
0rig,
Copies
Adg. Date
File
1980
~' T.C. I/ T.B. c~r~tty,
Honorable William Pell
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
Dear Bill:
Please find enclosed a copy of a home rule
request for A. 6781C and S. 4771C. At this time
the final outcome on the home rule still remains
in doubt. However, I would like to have on
record the support of the five east end towns
on the Peconic County issue.
It is also possible that a final compromise
could be worked out on the home rule issue which
would require home rule message only from the
five east end towns. If this should be the
final result, I would like to have the home rule
messages on file so that we may proceed expedi-
tiously with the legislation.
Your quick consideration of this matter would
be appreciated.
S i n~e-i~e Iy,
/ JOHN L. BEHAN
/~ Member of Assembly
JLB: wef ~'/ ' 1~" ...... ~"~ ' ................... "'
Enclosure l ~ ............... ~ ~
30 1980
HOME RUI,E REQUEST
(Request by a Local Govcrmnent for Enactment of a Special Law)
To the Legislature:
Pursuant to Article IX of tile Constitution, the ......... ~.ow_n ............................ ol
.... Southold ......... requests the enactment of X.o~g bi(No 6781-C '~
(name) Assembly ................. "
(strike out one)
entitled"
AN ACT to erect the county of Peconic from the territory
now comprised of the towns of East Hampton, Riverhead,
Shelter Island, Southampton and Southold, in the county
of Suffolk.
It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts
establishing such necessity are as follows: (Check appropriate box)
[] The local government does not have the power to enact such legislation by local law.
[] Other facts, as set forth in the following "Explanation" establish such necessity.
EXPLANATION
(If space below is not sufficient, use separate sheet and attach here)
Such request is made by: (Check appropriate box)
[] The chief executive officer of such local government, concurred in by a majority of the total membership
of the local legislative body. (See paragraph A below)
[~ The local legislative body of such local government, at least two-thirds of the total membership thereof
having voted in favor of such request. (See paragraph B below)
READ BEFORE SIGNING
A. If the request is made by the chief executive' officer and c0~curred in by a majority of the total mem-
bership of the local legislative body, both the chief executive offiecr and the clerk of the local legislative
body must sign below. In such case use the word "majority" below even though the vote may have
been greater.
B. If the request is made by the local legislative body, at least two-thirds of the total membership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below.
In such case use the words "two-thirds" below.
CHIEF EXECUTIVE OFFICER'S SIGNATURE
(Signed) ...............................................
(chief executive officer)
(Print or type name b~low signature)
Date: .............. , 19 ...............................................................
(Title of chief executive officer)
CLERK'S CERTIFICATION
. .. Town Board
I, _~._u_?i_~.___T_? T~r_~y- .......... do hereby certify that I am Cter~ et tl~e ................................
(print or type name) (local legislatiw: body)
................................. of the .... T_Q?n ..........................
(county, city, town or village)
of .............. ~OllthQ!~l ........... and that on the 10th day of ...... _,]'~I1_~
19 80_ , such l,qgislative body,
7[~roved the~ foreg?in~g request.
·
Date. t{ 11 [Juno' 10
at leastatw°~th!rds of the total mmnbership having voted in favor thereof,
(strike out one)
(Signed).,~f~_.z~_~ ~C.~.-~_ ~_._.~. _..~._..~__'~___ __-'
...... Judith _T._..Te rzy .................
(Print or ty~ name ~low ai~atufe)
JUDITH T. TEPd~Y
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF TOWN CLERK
TOWN OF SOUTHOLD
SUFFOLK COUNTY
Southold, L. 1., N. Y. 11971
TELEPHONE
(516) 765-1801
June 13, 1980
Honorable John L. Behan
New York State Assemblyman
Legislative Office Building
Room 523
Albany, New York 12248
Dear John:
Enclosed herewith are executed home rule requests
for A. 6781-C and S. 4771-C. Resolutions were adopted
by the Sou~hold Town Board at a regular meeting held
on June 10, 1980 covering these requests.
Very truly yours,
e y
Town Clerk
Enclosures