HomeMy WebLinkAboutLL-1996 #15Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE. ALBANY. NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
xC~tiSk of Southold ......................
Town
Local Law No. 15 of the year 19--9-6---
~t~.R~questing~i the New York State Legislature to Approve Legislation
A local law .....................................
· Permitting a
..... _C. au n t¥_ jxt _ ~.[xe..I.o._w_n.s___g.f__ .E..a..s.t__ .H__a..m_p_tg..n.,._ BJ~£B.~ ,_- 5B~l~r__ J~ 9 d ·
Southampton, and Southold and Requiring a Four Fifths Vote of
..... _t he ..T.o~.rt_B.oar_ct. M..~e __T.Q..w.n..9.f. _.S_o.u.tb.o_ 1~_ J.~..Ao Pz 9x[o-g -.6-g-¥- ......
Actions Relating to the Creation of Said County.
Town Board
of
the
Be It enacted by the .........................................................................................
~ of .... -S-9--u-t--hg-l-d-- ........................................................................ as follows:
Town
Section 1. Legislative Findings. It is hereby found by the Town Board
of the Town of Southold that the creation of a new county in the State
of New York from the Towns of East Hampton, Riverhead, Shelter Island,
Southampton, and Southold is an issued that has been long discussed
among the residents of these East End Towns. It has been the ultimate
goal to achieve the passage of state legislation which would create the
new county, to be known as Peconic County, subject to the final approval
of the people of these East End Towns through a binding referendum.
To that end, a Financial Feasibility Study was completed in 1995
to investigate whether the creation of Peconic County was financially
feasible and to provide East End residents with the necessary
information to make an informed decision on the creation of the new
county. Said Study was funded through the joint efforts of the State of
New York and the five East End Towns. The Study was completed by an
independent and objective municipal financial management firm under the
auspices of the East End Economic and Environmental Task Force.
Said Study concluded that not only was the creation of Peconic
County feasible, it was fiscally desirable. In summary, the study found
that due to the strong second home economy on the East End, the East End
generates 14.4% of all Suffolk general fund tax revenues despite having
only 8% of the year round population. Further, that because of this
strong revenue base and the level of services provided by Suffolk to the
East End, each year East End residents pay about $20 million more in
taxes than the cost of providing county services to the East End. The
result is that the creation of Peconic County would result in a
(If additional space is needed, attach pages the sam,, size as this shect, and number each.)
DOS -9-39 (Rev. 7/9 l)
reduction in the County portion of the real property tax burden of over
50%.
In addition, the study provided for a division that would be fair
to the remainder of Suffolk County. While the tax savings to the East
End would be substantial, the loss of tax revenue to Suffolk would
represent only about 1.25% of all its total revenue. Further, Suffolk
would be compensated for the East End's share of existing county
liabilities in an amount equal to the East End's current tax
contribution for such liabilities. Today, Peconic County's share of
these liabilities would be about $75 million. In addition, Suffolk would
continue to share in the use of such assets as parks, open space, the
jail and community college.
Said Feasibility Study has been subject to intense public scrutiny
over the last year, including numerous public hearings and
intergovernmental reviews. The conclusions of the study have withstood
such review.
The Town of Southold now wishes to proceed with the next step
towards the creation of Peconic County. Through this local law the Town
Board of the Town of Southold hereby requests that the New York State
Legislature adopt legislation establishing a procedure by which Peconic
County may be created, subject to final approval of the voters of the
East End Towns.
Further, this Town Board believes that the creation of the new
county shall require clear and convincing support from its constituent
towns if it is to be successful. To help insure that such clear and
convincing support exists, it is also the purpose of this local law to
require that any action taken by the Town of Southold to advance the
creation of Peconic County must be approved by a four fifths vote of the
Town Board.
It is understood that subjecting actions of the Town Board
advancing the creation of Peconic County to a four fifths vote instead
of a simple majority will curtail the power of the Town Board under
Section 23(2)(f) of the Municipal Home Rule Law, thereby subjecting this
local law to a mandatory referendum (See Comptroller's Opinion 78-735).
The Town Board wishes to subject this local to a referendum, not only to
permit voters to decide on the issue of requiring a four fifths vote of
the Town Board on actions advancing the creation of Peconic County, but
also to allow voters to express their position on the Town's request
that the State Legislature create Peconic county subject to the approval
of voters of the East End in binding referendum.
Finally, it is understood that Section 63 of the Town Law requires
that actions of the Town to advance the creation of Peconic County be
approved by only a simple majority of the Town Board. Pursuant to
Section lO(1)(d)(3) of the Municipal Home Rule Law, the Town Board
expressly supersedes the application of the Town Law in such instances.
Section 2. Request for State Legislation. The Town Board of the Town of
Southold hereby requests that the New York State Legislature adopt
legislation establishing a procedure under which the voters of the Towns
of East Hampton~ Riverhead, Shelter Island, Southampton, and Southold,
in a binding referendum, can decide the question of creating a new
county, to be known as Peconic County, from the Towns of East Hampton,
Riverhead, Shelter Island, Southampton and Southold.
Section 3. Four Fifths Vote Required for Town Board Votes to Advance
Peconic County. Actions by the Town Board of the Town of Southold which
advance the creation of Peconic County shall require a four fifths vote
of the Town Board. For the purposes of this section, "action" shall
include any resolution which authorizes the appropriation of money, the
institution of legal action, directs a Town officer or employee to take
an action, or any other activity designed to advance the creation of
Peconic County.
Section 4. Form or Proposition. Pursuant to Section 23(2)(f) of the
Municipal Home Rule Law, this local law curtails the powers of the Town
Board requiring a mandatory referendum. Therefore, the following
proposition shall be submitted to the electors of the Town of Southold
at the general election to be held November 5, 1996:
"Shall LOCAL LAW NO. ]5 OF 1996, ENTITLED 'A LOCAL LAW I{EQUESTING THE
NEW ¥ORKSTATE LEGISLATURE TO APPROVE LEGISLATION PERMITTING A BINDING
REFERENDUM ON '£~fl~ CREATION OF PECONIC COUNTY IN THE TOWNS OF EAST
HAMPTON, RIVERHEAD, SHELTER ISLAND, SOUTHAMPTON, AND SOUTHOLD, AND
REQUIRING A FOUR FI~"£~S VOTE OF THE TOWN BOARD OF TH~ TOWN OF SOUTHOLD
IN APPROVING ANY ACTIONS RELATING TO THE CREATION OF SAID COUNTY' be
approved?"
Section 5. Severability. If any clause, sentence, paragraph, section or
part of this local law shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, section, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
Section 6. Effective Date. This local law shall take effect after
approval at the general election to be held November 5, 1996 by the
affirmative vote of the qualified electors of the Town of Southold upon
the proposition.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ....... 1__5_ ..........................of 19--~-fi-
of the fi~'t,~(lr~tXTown~(~t~ of Southold ............................... was duly passed by the
.... -T--°-~-~-~]-~--~-r ....... (}---~'---~--'-~-- o;-7-_A_-?I-~_]Q~_~)~-_0]--;b-7)7~7 in ~ccorda~e with the applicable provisions of law.
(Name of Legis~a~ve Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was 0pproved)(not appr. oved)(repassed after
(Nc~rne of.Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ....,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Vitlage) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(]qarne of Leg~a~ve Body)
disapproval) by the ................................................. on- .................. 19 ..... Such local law was submitted
(Elective Chief Exeoedve OJ~er*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permisSive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of .................................................................. ;vas duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(~¥ame of Legialatlve Body)
disapproval) by the .................................................. on ................... 19 .... Such local taw was subject to
(Eleerlve Chlef Execu~ve Officer')
permissive referendum and no valid petition requesting such referendum was filed as of .................. 19---- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor ora city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
$. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the City of ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .....
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed, hereto, designated as local law No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ...................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local !aw. and was finally adopted in the manner in-
dicated in paragraph ..... _l ..... , above.
Clerk of tl~County legislative body, Ci,, Town or Vitlag~a//lerk
or officer designated by local leglslat/ve body ~
Judith T. Terry, Town Clerk
(Seal)
Date: August 26, 1996
(Certification to be executed by County Attorney~ Corporation Counsel. Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
SUFFOLK
COUNTY OF
I, the undersigned, hereby certify that the foregoing loca{ law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local lav~ annexed hereto.
Signature ~
Laury L.Dowd, Town Attorney
Title
Date:
Southold
Auqust 26, 1996
(3)
ALEXANDEr F. '~READWELL
SECRETARY Of STATE
STATe OF NEW YOrK
DEPARTMENT Of STATE
ALbaNY, NY 12231-0001
August 29, 1996
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, .NY 11971
RE: Town of Southold, Local Law 15, 1996, filed 08/28/96
The above referenced material was received and filed by this office as
indicated. Additional local law. filing forms will be foz'warded ~pon
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
~ printecl on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
AUGUST 20, 1996
8:05 P.M.
ON A PROPOSED "LOCAL LAW REQUESTING THE NEW YORK STATE
LEGISLATURE TO APPROVE LEGISLATION PERMITTING A BINDING
REFERENDUM ON THE CREATION OF PECONIC COUNTY IN THE TOWNS
OF EAST HAMPTON. RIVERHEAD. SHELTER ISLAND, SOUTHAMPTON.
AND SOUTHOLD AND REQUIRING A FOUR FIFTHS VOTE OF THE TOWN
BOARD OF THE TOWN OF SOUTHOLD IN APPROVING ANY ACTIONS
RELATING TO THE CREATION OF PECONIC COUNTY".
Present:
Absent:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Oliva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: The next hearing scheduled is in relation to
Peconic County. and Councilwoman Hussie will be reading it.
COUNCILWOMAN HUSSIE: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 8th day of August, 1996, a Local Law
entitled, "A Local Law Requesting the New York State Legislature to
Approve Legislation Permitting a Binding Referendum on the Creation of
Peconic County in the Towns of East Hampton, Riverhead, Shelter Island,
Southampton, and Southold and Requiring a Four Fifths Vote of the Town
Board of the Town of Southold in Approving any Actions Relating to the
Creation of Peconic County". Notice is further given that the Town Board
of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 20th day of August, 1996, at 8:05 P.M., at which time
all interested person will be heard. This proposed Local Law reads as
follows:
pg 2 - PH
Section 1. Legislative Findings. it is hereby found by the
Town Board of the Town of Southotd that the creation of a
new county in the State of New York from the Towns of EasL
Hampton, R£verhead, Shelter Island, Southampton, and
Southold is an issued that has been long discussed among the
residents of these East End Towns. It has been the ultimate
goal to achieve the passage of state legislation which would
create the new county, to be known as Peconic County,
subject ~o the final approval of the people of these East
End Towns through a binding referendum.
To tha~ end, a Financial Feasibility Study was
completed in 1995 to investigate whether the creation of
Peconic County was financially feasible and to provide East
End residents with the necessary information to make an
informed decision on the creation of the new county. Said
Study was funded through the joint efforts of the State of
New York and the five East End Towns. The Study was
completed by an independent and objective municipal
financial management fi£m under the auspices of the East End
Economic and Environmental Task Force.
Said Study concluded that not only was the creation of
Peconic County feasible, it was fiscally desirable. In
summary, the study found that due to the strong second home
economy on the East Endf the East End generales 14.4% of all
Suffolk general fund tax revenues despite having only 8% of
the year round population. Further, that because of this
strong revenue base and the level of services provided by
Suffolk to the Eas~ End, each year East End residents pay
about $20 million more in taxes than the cost of providing
county servlces to the East End. The resuin is that the
creation of Peconic County would result in a reduction in
the County portion of the real proper~y 5ax burden of over
50%.
In addition, the study provided for a division that
would be fair 5o the remainder of Suffolk County. While the
%ax savings to the East End would be substantialr the loss
of tax revenue to Suffolk would represent only about 1.25%
of all its to~al revenue. Further, Suffolk would be
compensated for the East End's share of existing counmy
liabilities in an amount equal to the East End's current tax
conLribution for such liabilities. Today, Peconic County's
share of these liabilities would be about $75 million. In
additionf Suffclk would continue to share in the use of such
assets as parks, open space, the jail and community college.
Said Feasibility Study has been subject to intense
public scrutiny over the last year, including numerous
public hearings and intergovernmental reviews. The
conclusions of the study have withstood such review.
pg 3 - PH
The Town of Southold now wishes to proceed with the
next step towards the creation of Peconic County. Through
this local law the Town Board of the Town of Southold kereby
requests that the New York State Legislature adopt
legislation establishing a procedure by which Peconic County
may be created, subject to final approval of the voters of
the East End Towns.
Further, this Town Board believes that the creation of
the new county shall require clear and convincing support
from its constituent towns if it is to be successful. To
held insure that such clear and convincing support exists,
it is also the purpose of this local law to require that any
action taken by the Town of Southotd to advance the creation
of Peconic County must be approved by a four fifths vote of
the Town Board.
it is understood that subjecting actions of the Town
Board advancing the creation of Peconic County to a four
fifths vote instead of a simple majority will curtail the
power of the Town Board under Section 23(2)(f) of the
Municipal Home Rule Law, thereby subjecting this local law
to a mandatory referendum (See Comptroller's Opinion 78-
735). The Town Board wishes to subjec~ this local to a
referendum, no~ only ~o permit vo~ers to decide on the issue
of requiring a four fifths vote of the Town Board on actions
advancing the creation of Peconic County, but also to allow
vo~ers to express their position on the Town's request that
the State Legislature create Peconic county subject to the
approval of voters of the Eas5 End in binding referendum.
Finally, it is understood tha~ Section 63 of the Town
Law requires that actions of the Town to advance the
creation of Peconic County be approved by only a simple
majority of the Town Board. Pursuant to Section 10(i)(d)(3)
of the Municipal Home Rule Law, the Town Board expressly
supersedes the application of the Town Law in such
instances.
Section 2. Request for State Legislation. The Town Board of
the Town of Southold hereby requests that the New York State
Legislature adopt legislation establishing a procedure under
which the voters of the Towns of East Hampson, Riverhead,
Shelter island, Southampton, and Southoid, in a binding
referendum, can decide the question of creating a new
county, to be known as Peconic County, from the Towns of
East Hampton, Riverhead, Shelter island~ Southampton and
Southold.
pg 4 - PH
Section 3. Four Fifths Vote Required for Town Board Votes
to Advance Peconic County. Actions by the Town Board of the
Town of Southold which advance the creation of Peconic
County shall require a four fifths vote of the Town Board.
For the purposes of this section, "action" shall include any
resolution which authorizes the appropriation of money, the
institution of legal action, directs a Town officer or
employee to take an action, or any other activity designed
to advance the creation of Peconic County.
Section 4. Fo£m or Proposition. Pursuant to Section
23(2)(f) of the Municipal Home Rule Law, this local law
curtails the powers of the Town Board requiring a mandatory
referendum. Therefore, the following proposition shall be
submitted to the electors of the Town of Southo!d at the
general election to be held November 5, 1996:
"Shall LOCAL LAW NO. OF 1996, ENTITLED 'A LOCAL LAW
REQUESTING THE NEW YORK STATE LEGISLATURE TO APPROVE
LEGISLATION PERMITTING A BiNDiNG REFERENDUM~ ON THE CREATION
OF PECONiC COUNTY ~N THE TOWNS OF EAST HAMPTON, R!VERHEAD,
SHELTER ISLAND~ SOUTHAMPTON, AND SOUTHOLD, :AND REQUIRING A
FOUR FIFTHS VOTE OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD
iN APPROVING ANY ACTIONS RELATING TO THE CREATION OF SAID
COUNTY' be approved?"
Section 5. Severabitity. if any clause, sentence, paragraph,
section or par~ of this local law shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment
shall no~ affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or part thereof
directly involved in the controversy in which such judgment
shall have been rendered.
Section 6. Effective Date. This local law shall take effect
after approval a~ the general election to be held November
5, 1996 by the affirmative vote of the qualified electors of
the Town of Southotd upon the proposition.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: August 8, 1996.
Judith T. Terry, Southoid Town Clerk." I have affidavits declaring the
publication of the notice in The Traveler-Watchman, and correspondence,
one signed by the Chairman of the Board of Directors of Peconic County
Now, Larry Cantwell. "Dear Supervisor Cochran, On behalf of the
Directors and the membership of Peconic County Now, Inc. ] want to
thank your Board for scheduling a public hearing on the local law that
would permit the residents of the East End to voice their opinion on the
creation of Peconic County. Your action not only continues ko move the
issue of Peconic County forward, it also permits the voters who have
longed to participate in the creation of the new county to have a voice in
the process. Just as important, we can send a strong message to
Assembly Speaker Silver that the East End will not sit still for politics
as usual in Albany, but will insist on the adoption of Peconic
pg 5 - PH
legislation. We look forward to the public hearing and the chance to
articulate the importance of the referendum. You can be sure that
bipartisan supporters of Peconic County will be there participating with
us. We also wish to formally ask for your support for the referendum.
Now that the issue has been fully discussed, we believe it is time to act
expeditiously to give east enders the vote. We would also ask that a
decision be made the day of the hearing. This would afford us the
maximum number of days to implement our public education efforts for the
referendum. It will also give those participating in the hearing the
chance to see the decision made. Finally, in the realm of public
education, we are planning informational meetings in all towns during the
fall before the referendum. We hope your Board would co-sponsor these
meetings with us to insure that voters have the facts about Peconic
County. Again, thank you for setting the hearing and your anticipated
future support. Sincerely, Larry Cantwell." Another piece of
correspondence from Lili Ann Estrella-Motta, East Marion. "By writing
out this statement prior to your up-coming vote on the Peconic County
referendum, I am freed of the anxiety of speaking before a large audience
and, perhaps, stepping on my own tongue. I, therefore, respectfully
submit the following for the record and for your attentive perusal. As a
simple citizen and concern constituent, I believe that the reality of a
Peconic County is vitally important to our economy and our future. Not
only is it a non-partisan matter of smaller government, it is also an
issue of home rule wherein every member of the community can be an
active and vocal participant in the democratic process. The East End is a
very special, vibrant entity with unique pressures and problems particular
to our rural way of life. Baymen, small entrepreneurs, farmers, wise
land-use proponents, educators, police, youngsters, the whole rich and
varied society that is Southold Town, deserve more accountable and more
responsive County government. My plea to you this evening, is to let the
people of Southold Town decide on whether or not Peconic County should
come into being. Let informed voters make that determination. Please
allow the referendum that will resolve the issue of Peconic County. Let
the people speak. Thank you for your time and thoughtful consideration.
Sincerely, Lili Ann Motta." That's all.
SUPERVISOR COCHRAN: You've heard the reading of the proposed
legislation. Don't all jump at once. Is there anyone that would like to
address the Board, one at a time, pro or con?
JOHN RUSCH: Peconic County is an environmental initiative, not a
political issue. The only political aspect is the process, whereby
citizens make their voices heard. Federal, State, and local laws have
established various avenues by which the people may express themselves.
Every step we are taking is perfectly legal, and confirmed by these laws.
The non-binding referendum is one of those approaches, and I urge this
Board to vote tonight to allow Southold voices, pro and con, to be counted
with the other east end towns this November. Even before we have the
non-binding referendum we intend intensifying our public education efforts
to address the specific questions in the minds of the voters by direct
mail, radio, TV, newspapers, public forum, and presentations to civic
associations. Rather than ramble on about something you know were I
stand, I would just like at this time to introduce into the records, so
the Town Clerk has ~access to our literature, the financial feasibility
pg 6 - PH
study, a recent summary prepared by the Peconic County Now, Inc.,
Education Committee, a list of our Board of Directors, and enough bumper
stickers, and brochures for everyone.
SUPERVISOR COCHRAN: The people in the foyer out .there, there are
some seats up here, a few, and there's a few up here, if you would llke
to come inside. Fred, I see you are out there. Do you want to come on
down? I would like to make a statement as Supervisor of Southold Town.
I still have not changed my mind. I still think the process that support
is right for my kind of government. Okay? I think it is important,
though, that there is a certain unity, that is shown to the community.
Mr. Sherman, the last time he was here, said that they would spend, and
! believe this was your quote, Hoot, if I'm wrong please correct me, but I
believe you said that there would be time spent between now, and
November, fully informing the public as to the ramifications of the
financial aspect. I have a great concern, also, as far as the cost
involved in Peconic County. You know, there are many, many areas, be
Jt Pine Barrens, be it Community Colleges, that I think people have to be
made aware of all financial burdens that may come as a result of Peconic
County. As far as it being self-determination, I support that. As far as
it being a way to control environmentally, I think zoning and planning
does that. Each of the five towns would still continue to be separate
entities. They would still have the power to control their own destiny as
a town through their zoning.
ASSEMBLYMAN FRED THEILE: First of all, I want to thank you for
holding the hearing in person, face to face. We have certainly undertaken
a number of hearings already, and set up a speakers bureau, and public
information meetings are planned. We certainly plan to do that. I just
wanted to add, I really do appreciate your statement, Supervisor Cochran,
about importance of the unanimous vote. You certainly are speaking for
Hoot and I. He can speak for himself. We are going to do that kind of
public information campaign. I do appreciate the words that you spoke this
evening.
SUPERVISOR COCHRAN: I would like to, and this is a hearing for input,
usually it doesn't work this way, but I think we can save a lot of time. I
would like to ask if there are any other after Supervisor Sherman?
SUPERVISOR HUSON SHERMAN: Just quickly, we do plan to have a full
blown education campaign, and we think the voters in November shouldn't
ask to vote on something, if they don't completely understand it. So, it's
incumbent on us, as the Board of Directors of Peconic County Now to
insure that everybody knows exactly what they are voting on, and if we
can't pull that off, than we~ probably shouldn't be here anyway. So, we'll
make that happen.
SUPERVISOR COCHRAN: I would like ask if there are any Board
members, that would llke to make a statement at this time?
COUNCILMAN TOWNSEND: It's a hearing, so we should hear from the
public, especially if there is someone here that is against.
pg 7 - PH
SUPERVISOR COCHRAN: I was going to ask if there's anyone here
against putting this on? Sir? Would you please to take the mike? I'd
like to hear the opposition also. Not against Peconic County, against
holding the referendum, that would show support for the creation. To let
Speaker Silver know how the East End feels. It's unfortunate he doesn't
live here.
FRANK BONIOUTO: Frank Boniouto, Southold. I am one against the
creation of Peconlc County. I'm surprised that everyone seems to be in
favor of creation of this Peconic County. I just say Mr. Theile here,
and I know he is very much for it, and perhaps the Board is, too. My
only explanation would be, I think it would be very foolish. I think after
twenty or thirty years trying to make it become a new separate county is
proof enough to Southold, these legislators, that it's time to quit and
give up. Why force the issue like they are doing? I don't know what the
reason is. I think it would be very foolish, and I'm giving you my
opinion. Thank you. I don't know too much about government or anything
like that.
SUPERVISOR COCHRAN: Please, ladies and gentleman, let's give courtesy
to the speakers. We're all adults, and I would llke you to behave
accordingly.
FRANK BONIOUTO: I didn't come here to have any argument, or fight
about it. I want to give my opinion. That's all.
SUPERVISOR COCHRAN: You have every right.
FRANK BONIOUTO: I think after all this time, we ought to forget
about even trying to do it. I have a pretty good idea. I don~t know
whether it will work or not. Why don't we stay the way we are, and ask
for more help than they are giving us from Suffolk County? The so called
people, who think they know how to run this county, assign somebody to
get after them, just like they should get after the Governor, and
everybody else. That's all I have say. I'm against the county. I wrote a
letter to the Editor sometime trying to explain that.
SUPERVISOR COCHRAN: Thank you for input. Sir?
JAY GARGANI: Jay Gargani, Southold. My statement regards a
circular of information I received this afternoon, and in it I found
certain troubling financial figures. This circular said at the present
time County taxes are to the extent of thirty billion dollars, and under
the new Peconic arrangement only thirteen million dollars would be needed,
leaving an alleged surplus of seventeen million dollars. It goes on to
say, that the transition fee of seventy-six million dollars would be paid
to Suffolk County. If we took the difference between the thirty million,
and the seventeen million, and came out with thirteen million, and divide
thirteen million into seventy-six million, it takes four and a half years
to get get off ground zero. It just makes me wonder where will we be in
four and a half years? Also, considering the impact of one of our most
expensive budgets, which is the Police budget, that still remains the town
function. I would like to make a comment. I think my thinking is almost
the continuance of yours in the aspect of the financial feasibility.
pg 8 - PH
SUPERVISOR COCHRAN: Thank you, sir.
GEORGE KREILING: George Kreiling from Mattituck. I wrote a letter
to the newspaper, which was excerpted, and one thing I've learned over
the years is before you do anything ask, why? One other question is,
what is the purpose of the county? What is it going to do for us? I just
read my letter here. It gives an idea of where I stand. It's just a
question. I have not made up my mind one way or another. I read with
interest the notion of Peconlc County, but I wonder if we really need
another county. Justification of seeking this new county seems to center
on saving money. I've learned over the years, that whenever anybody
tries to sell me anything, that's going to save me money, I should get a
firm grip on my wallet. Enough to establish a new county, a number of
formal balloting must be surmounted. First a new charter must be written,
laying out the structure of the new government. This task requires most
careful, and judicious cooperation in order to insure it's success. Who is
going to do this, and how are they going to be selected? Next a
legislative body must be established, in which all citizens are legally
represented. Now, in Vaca versus Carts, the Supreme Court requires
that a legislation is established with one man, one vote. Southold,
Shelter Island, Easthampton, Westhampton are minorities. Most of the
votes are going to go to Riverhead, and Southampton. If you think you
are going to get more home rule that way, I'm not sure. There are
questions of administration, someone to do the day to day running of
government. Departments must be established. A whole collection of Civil
Service must be hired. Records, to issue licenses, to conduct inspections,
to collect and disperse monies, and generally carry out and enforce rules,
regulation and laws of the new county. They all must be put in place.
How are they to be hired? Many of these tasks are already being
performed by Suffolk County employees. Who are the new people that are
going to be hired? Are we going to fire all those people who are working
there now? What are they going to do? Are they just going to say,
Suffolk County employees are no longer there? A judiciary must be
established, judges, clerks, Surrogate's Courts, Sheriff's, the jail, all
have to be set up. This is a formidable barrier. What about Suffolk
County property, parks, buildings, equipment, and the debt? What about
the Suffolk County Community College? Are you going to take that over,
too? If all this is done in the idea of reduced taxes, take a look at what
the tax rate of Suffolk County happens to be on your tax bill. It's
smaller than Southold Town. It's not a beck of lot more than the library
tax. It=s very small. I estimate that the average tax paid by a
householder is less the $/~00.00. The number bantered about by the most
optimistic are the figures around 50%. A dollar a day? That's a dollar a
day saving. I~m not sure that's worth it all. It's a very complicated
method, as I say in my letter here. It seems a very complicated way if
we're going about saving a dollar a day. I'm also concerned. The
feasibility studies are great. If you hire me to do a feasibility study,
I~m going to say, yes, you can do it. The question that you can do
something, there's always the question, should you do it? I mean I could
probably swim Peconic Bay, but that would be stupid. Finally, he has,
on the other hand the purposes of establishing a new county is to create a
response for democratic efficient government, and then the whole process
may be worthwhile. But, to accomplish this requires the most vigorous,
cooperative citizen participation, and judging from the political move at
pg 9 - PH
the present time it doesn't seem like it's going to happen, and couldn't
this new county just simply become a power base, and a life support
system for the professional politicians? Couldn't the entire exercise
simply be a manifestation of something, that I see around the country, in
fact around the world. This idea of stop the world, I want to get off. The
sort of mentality that each of us goes to our castle, goes to the gate,
and keep out barbarians. On the great seal of our country the idea of,
the motto is E Plurlbus Unama, one of many.
SUPERVISOR COCHRAN: Thank you, sir, for your input. This vote
that's coming up is not a vote for, or against Peconic County. Okay? We
still have to go through a process. These are many of the questions I
have heard others ask. Hopefully, Fred, these are the kind of questions,
that people need answers to do. Okay?
ASSEMBLYMAN FRED THIELE: What I want to point out for the record
is with the feasibility study, that has been done, both, if not all the
questions, are in that study, and it's available in Town Hall. It's
available in the library, and we are going to fully discuss it between
now, and November. The people will have a chance to shoot at it, and do
whatever you want.
SUPERVISOR COCHRAN: That's what we're looking for. Is there anyone
else that would like to address the Board?
WHITNEY BOOTH: Whitney Booth, Southold, llfe long resident. Mr.
Rusch over here, who I don't always agree with, made a very brief and
poignant presentation of the subject of the evening. Then after a couple
of other words, then these gentlemen got up, and started arguing about
the question of whether we should have Peconic County, or not? They
got television coverage, press coverage, and I think that Mr. Rusch
should have a little more time to give his pitch. If we were going to talk
about this sort of things. Anyway, I'm neither for and against. I do want
to see a vote on it, though. Thank you.
SUPERVISOR COCHRAN: Thank you, Whitney. John, would you like a
little bit more. I mean you are more than welcome. I am certainly not
going to deny you speaking, John.
JOHN RUSCH: Perhaps other people would llke to talk.
JUDY BAKER: Good evening, ladies and gentlemen, members of the Town
Board, and members of the audience. My name is Judy Baker. I stand
before you to talk about something that I understand probably the most I
can do. I would like to put my comments on record, because I am also a
resident of Southold Town, and Peconlc County is an issue of which I feel
very strongly. My very first call about Peconic County Now, just to give
you an impression of how true this issue is to my heart. First, let me
start with my prepared comments, because that's the way I can focus the
best. I reside at L[300 Bayview Road in Southold, and I am proud to
call myself a llfe long east ender, life long Southolder. I grew up
on Mary's Road in Mattituck, and except for three years when I lived in
Easthampton, still part of the east end, Southold Town has always been
my home. My family moved to Mattltuck in 1968, when my father, a
pg 10 - PH
clergyman, was called to serve the Episcopal parish of the Church of the
Redeemer. i was five years old. Although I had been to other
communities, Southold is the only home I can remember. I started school
in Mattituck~s kindergarten class, and I'm a proud graduate of Mattituck
High School. I remember when Mattltuck's first fully operational
traffic light was installed a block from my home, at the intersection of
Route 48, and Wlckham Avenue. I remember when Handy Pantry was the
A&P, and the ASP shopping center was a picturesque patch of woods.
Many who have appealed to you for supporting Peconic County can't
recall, like I can, when our town was just a few sleepy close knit
hamlets. I'm not speaking about just the environmental aspect of things.
This was a community. This was economics. This was everything. This
was home to many, and it still is, and I hope it stays that way. Perhaps
the people, who have come out here since discovered it while seeking a
place to raise their children, or maybe to enjoy their retirement, but I
am here because I can think of no other place I would rather call home,
and as a life tong Southolders I want my voice to count. We all know
our neighbors to the west, the five east end towns, the region that some
of us hope to soon call Peconic County, as a golden goose. We are land
rich with comparatively little development, and Suffolk County government
looks to the property taxes eastenders pay to support the costly
services required by the more densely populated communities of western
Suffolk. Quite simply I believe Tn Peconic County, and so do many of my
friends. But, this is more than just me pleading Peconic County. It's
about the fact that the people of Southold, and the east end, should be
permitted to decide about Peconlc County. This has been around almost as
long as I have. It began here on the east end with Shelter Island's Evan
Grilling leading the charge. The fact that this dream of an east end
county has been alive for three decades is proven itself with the power of
this effort. Here at home in this non-partisan, for the most part, with
the east enders of all philosophies recognizing the need to stand united
against the forces that want to change us against our will. Does anybody
here remember when the western dominated Suffolk Legislature and County
Executive from Lindenhurst eliminated County funds for dredging our
waterways, jeopardizing the very livelihood of our baymen? What about
when the County, Suffolk County, pulled funds for Brown Tide studies?
Again, putting at risk the very economy of the East End, the Peconic
Bay, and it's waterways. Our Western legislatures also tried to eliminate
East End bus service, and to close the only East End Health Clinic. The
fact is, our neighbors to the west just don't understand us. To them the
East End is a playground and cash cow. To me, and to you I~m sure, it is
home. Therefore, don't let politics stand in the way of letting the people
be heard. Great effort has been taken to keep partisan politics on the
local level out of this movement. I, therefore, believe that when in
support of the super majority, as the proposed referendum would require,
will be easier to accomplish among local Town Boards, than it has been to
get this issue off the floor of the New York State Assembly, because
that's where we've been stonewalled. Remember our political enemy in this
issue of Peconic County is in Albany, where the Republican, Democratic
power play repeated defeated the formation of Peconic County before it
even gets started. People outside the East End have made these decisions
for us. While our oven State Senator Ken LaValle was supporting in the
Senate, Assembly Speaker Silver has refused to allow this issue to see the
light of day in the Assembly, and that's been the same story for years
pg 11 - PH
past, continuously denied the opportunity in the Assembly. In fact he
has refused to allow the east end to decide it's own fate. Is that
democracy? I urge you, the Southold Town Board, to rise above the local
political battles, that may or may not materialize, and allow the people
of Peconic County, the new Peconic County if it is to exist, to decide
itms faith. Then, together, east enders from all sides of the isle, and
both sides of the bay, may stand strongly against the New York Assembly
leaders, who refuse to permit this .hoax supported, and sponsored by local
State representatives to become a reality. I can't urge you strongly
enough to permit this issue to go before the voters this November. That's
all I'm asking. Everybody else can make their decision in November, as
Peconic County Now Board of Directors will help to educate everybody on
the east end about the issue. We've never been this close before. It will
be a tragedy to let it slip away. Let history record that the Southold
Town Board in 1996 allowed the people, not the politicians, to decide
Peconic County's fate. Put it on the ballot, and vote, yes, to Peconic
County now. Thank you very much.
SUPERVISOR COCHRAN: Thank you, Judy. Anyone else llke to address
the Board?
JIM BITSES: Jim Bitses, and I am a citizen of the Town of Southold.
We are in extremis. We do not live in a democracy. Politicians exchange
promises, and they are elected by political contributions, and
occasionally a bribe, but rarely. Last February we had a meeting on this
subject. Fred Theile spoke very eloquently explaining all the reasons
why we should have a Peconic County, which is more or less
self-evident. Actually we've been getting shafted by the western end,
but that's par for the course. They have the power. The only way you
can move the politician is if you can come up with a better promise in
exchange for his promise. So, shortly after the meeting last February I
called a few people in New York, who are very sophisticated politically,
and they said, you don't have to worry about the majority leader of the
Assembly. It's too late to worry about him. The Republicans in western
Suffolk have already gotten to him, and they worked out something, so it
will not see the light of day, and at that time I realized the only way we
could break through towards any semblance of democratic government was
with a public plebiscite. What Mr. Thiele has suggested, and the reason
I'm out here, the public plebiscite in which the people are obliged to go
over the heads of their allegedly elected representatives, and to let them
know that they are totally behind this new county. The only thing a
legislator will understand, besides a political contribution, is if you
put the fear of death in him by a popular uprising, and this is what we
have running right now, a popular uprising. The only way we are going
to break through the hierarchy, that controls this state, is continual
public outcry. That's why we are here tonight, to gather our forces, to
organize ourselves, and to form a public outcry, that they will hear on
the 57th floor of the World Trade Center, where the state is governed
from. Most people think it's Albany, the 57th floor of the World Trade
Center, and that why we are here, not because they are shafting us on
the taxes, not because they are opaque to our needs, and desires, on the
east end. We are here to send a message over their heads, into their
hearts, and to frighten them if we can. That's the only purpose we have
of being here tonight. Thank you.
pg 12 - PH
SUPERVISOR COCHRAN: Thank you, Jim.
would like to address the Board?
Is there anyone else, who
RONNIE WACKER: Ronnie Wacker from Cutchogue, and I would like to
speak to the politics of the question, too. It was close to thirty years
ago, that I recall asking Perry Duryea, who was then the Speaker of
the State Assembly, about the possibility of formation of a Peconic
County, and he said, it was a great idea, but would be impossible. The
five east end towns haven't the population for a separate county. Well,
each time the question came up to succeeding Assembly speakers the
answer was the same. We think it's a grand idea, but you don't have the
population. Now, we do have the population, but we still can't get the
referendum through the State Assembly, because of one man, the speaker
once again. Assembly Speaker Silver is keeping off the floor of the
Assembly, because he doesn't want to set a precedent presumably for
Statan Island effort to secede from New York City. It is politics at
the State level without concern for the wishes of the people in the east
end. Well, we know all too well that politics effect us on the County
level. In the Suffolk County Legislature the east end has two votes. The
rest of the County has sixteen. This balance, sixteen to two, is what has
lost us Fort Corchaug. After years of pushing the west end Legislators
we finally got an agreement to save Fort Corchaug, the most important
Indian site on the Atlantic seaboard. The County was to put up two
million dollars to the Town's one million dollars, and the Fort would be
saved. We have the champagne on ice. Then we were introduced to the
real world of politics. The next session the County Legislators took it
all back. They broke their promise, too high a price they said. Anyway
the east end has only two votes, so we don't have to worry. Before that
we lost Robins Island much the same way. It was luck that Louis Bacon
came along to buy it, and preserve it. There is little question in my
mind that we have to find another way out of Suffolk County, and political
imaginations of the State Legislature for the good of Southold Town in the
future. I ask you, on the Town Board, to vote for a non-binding
referendum on Peconic County, and let the people east end decide. Thank
you.
MARGARET BROWN: My name is Margaret Brown, and I live in the
Village and Town of Southold, and I don't really have anything new or
unique to add, but I want to applaud all of us here tonight for
participating in democracy in it's purest form, and is asking our Town
Board to help us do so in November, because this question is of historical
importance, that we're asking ourselves. Obviously, the people here
represent every side of the spectrum, which is wonderful. There are the
negatives. There are the undecided, and there are the opposed, but the
wonderful thing is, if you pass the resolution tonight everybody in the
Town of Southold will have the opportunity to make your voice heard, and
that is what democracy is all about, and if we are in favor of it, it will
be a very strong movement. If we waiver, then it will have died a
natural death, but I think all this can set. Of course, I hope it will
pass. Thank you.
SUPERVISOR COCHRAN: Is there anyone else from the audience?
pg 13 - PH
CHARLES GRAY: My name is Charles Gray from Southold. I am probably
the newest member of the people here. I have been here a year or two on
a part time basis. I am becoming a full time voting, resident. We come
from New York City. We drive out here, and believe me, driving through
the western part of 'Suffolk County would give you an idea of what is
coming if we allow it. It is miserable. It is crowded. It is everything
that the east end isn't. What we want to do is keep the east end the way
it is, the way it has been, and whether it costs a dollar or two more it's
worth it, because we can see what happens when the politicians in there
have their say. Look what happened to the pine brush. The money that
should have been spent to maintain the area over there was taken by the
County government for other purposes, and of course, Mr. Gaffney had
a little egg on his face. Now, if everything had been taken care of
properly, we wouldn't have had all this problem, and we wouldn't have the
problems, that we are having now. So, whether it costs us a dollar or
two more, I think it is a worthwhile proposition to, at least, look
forward to Peconic County, and a referendum for it.
EARL FULTZ: My name is Earl Fultz, Soundvlew Avenue, Peconic.
I didn't come here prepared to speak, or I would have had long trousers
like John did. First of all, I'm very much in favor of voting on this. I
wanted to present just a very narrow reason to do so. It's very
difficult, and very rare for organizations, or institutions to be changed
easily. General Motors thought it could change it's corporate culture in
five years. They later decided it would take twenty-five years. What
Peconic County means to me is an opportunity to bring government up to
date. What Peconic County will offer, if we use our technology,
computers, etc. properly, is a whole new way of handling paper, of
handling information that the government depends on. The row after row
of file can disappear into a CD. It would require fewer people, and this
may not be associated with enthusiasm from political organizations.
Nevertheless, my real point is the rest of the country gets more and more
productive. Ultimately, government has to become more productive. It's
got to cost us less to do things. I understand in California where Apple
computer is you Can now go to your computer, get your dog license, get
any I|cence you want. You can sit in your home, tap it out, and get it in
fifteen seconds. You can get information on and on. We have an
incred|ble opportunity here to reinvent the way we are ruled, and for that
reason, I urge everyone to vote for this,
SUPERVISOR COCHRAN: Fred, may I have a clarification, please? I'm
looking at this, and looking through the law, and I think your other four
towns have to a four-fifths. Doesn't Southold have to have five-sixth?
ASSEMBLYMAN FRED THIELE: Like in the local finance level you have
to have a two-thirds vote, or a three-fifths vote.
SUPERVISOR COCHRAN: But, didn't you at some point say that we have
to be five-six.
ASSEMBLYMAN FRED THEILE: To be able to meet the law, five out of
six votes, yes.
pg 1L~- PH
SUPERVISOR COCHRAN: Should we make that correct in here?
ASSEMBLYMAN FRED THEILE: You don~t~ really need to. It's fine the
way it is.
SUPERVISOR COCHRAN: Is there anyone else, that would like to address
the Board? (No response.) Is there any Board members who would like to
make comment? (No response.) Hearing none, I will close the hearing.
~'' Judith T. Terry .~
Southold Town Clerk
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