Sue For Peconic County

The board of directors of Peconic County Now, the organization that has been leading the drive for secession of the East End from Suffolk County and its formation into a separate county, has voted unanimously to bring a lawsuit to compel the State Legislature to consider legislation that could lead to a Peconic County.

For two years in a row, State Assembly Speaker Sheldon Silver has blocked Peconic County legislation from reaching the floor of the State Assembly. This year, he did not allow the legislation to move despite a face-to-face meeting with representatives of Peconic County Now and a pledge that he would "think about" the Peconic measure "again."

Silver Inaction

Peconic County Now's board has decided to bring a lawsuit, said Shelter Island Supervisor Huson (Hoot) Sherman this week, because "we could not get the speaker, Mr. Silver, to move any kind of legislation onto the floor of the Assembly so that we could have a debate and a vote on Peconic County and that doesn't look like it's going to change."

"We're going to have to go in a different direction," said Mr. Sherman, a member of the Peconic County board, "and that's the lawsuit. We're going to force the Legislature to do its job. One of the things they are empowered to do is to assist in creating municipalities and counties and, obviously, that hasn't happened as far as a Peconic County is concerned."

Forced To Sue

Larry Cantwell, the East Hampton Village Administrator and chairman of Peconic County Now, commented: "The reason the lawsuit is being brought is that we believe that under the State Constitution the Legislature is obligated to put into process the steps through which counties can be created. We are forced to do this out of frustration. The legislative process is not working. It has broken down."

The board of directors of Peconic County Now, at a meeting on Sept. 19 in Riverhead, voted to bring the lawsuit. It is to be filed in State Supreme Court in Albany, said State Assemblyman Fred W. Thiele Jr. of Sag Harbor, also a member of the Peconic County Now board.

Irresponsible

In an interview this week, Mr. Thiele said that among the attorneys who will be working on the lawsuit will be Russell Stein, a former East Hampton Town attorney; Linda Riley, a former Southampton Town attorney and now East Hampton Village attorney; Stephen A. Grossman, a Sag Harbor attorney, and Mr. Thiele himself.

The crux of the lawsuit, said Mr. Thiele, will be the State Constitution's provision that "the State Legislature shall provide for the creation of new counties - not may but shall."

He said the lawsuit will charge that the "State Legislature has failed to execute its responsibility under the State Constitution. When the Constitution says shall, a whole host of cases declare that that means the legislature shall do something. Shall does not mean that the legislature will do something when it feels like it."

Staten Island Concerns

A delegation of Democratic Peconic County activists met earlier this year with Mr. Silver, a Manhattan Democrat, pressing for movement of the Peconic County legislation. The meeting in Albany with Mr. Silver was ar rang ed by the State Democratic Chair wo man Judith Hope of East Hampton, who, since she was East Hampton Town Supervisor two decades ago, has been an advocate of secession of the East End from Suffolk and formation of a Peconic County. She was present at the meeting and joined in urging Mr. Silver to allow an Assembly vote on the Peconic County measure.

Mr. Silver's opposition to the Peconic County legislation appears to stem, say Peconic County activists, from his concern that if successful, the East End secession drive might aid the bid of Staten Island to break away from New York City, which Mr. Silver and other officials from New York City, other than those from Staten Island, oppose.

Staten Island Problem

However, Mr. Cantwell said that at the meeting with Mr. Silver, the Peconic County Now delegation sought to separate the Peconic County issue from the Staten Island secession bid. And, according to those present at the gathering, Mr. Silver promised he would reconsider wheth er to allow the Peconic legislation to move. In the end, he didn't allow it to get to the floor of the State Assembly.

The legislation would have set a new process in which counties can be formed in New York State. It specified a number of threshold requirements including minimum population and size, a petition and referendum process, and a condition that any area seeking to become a new county have an economic "feasibility study" done, which study would be "authorized or at least partially funded by the state."

Haphazard Process

"State government has an interest in insuring that local government is as effective, efficient, and responsive as it can be for its citizens," declared a "memorandum in support of legislation" attached to the blocked bill. "This includes providing a government structure that can best accomplish these goals."

It was noted that the State Constitution says the State Legislature "shall provide for the creation and organizations of local governments [and] in the case of towns and villages, there are specific processes." However, in the case of counties, there is no uniform set of procedures in place relating to the creation of new counties. Rather, in the past, new counties have been formed by a haphazard, ad hoc process without any uniformity."

New Uniformity

As a result, "there exists a great deal of uncertainty regarding legal issues relating to the creation of new counties. This legislation would eliminate this uncertainty and meet the constitutional requirements of providing for the creation of counties by instituting a set of uniform procedures and substantive requirements that would have to be met."

The legislation sets a minimum population of 75,000 and a size of 250 square miles and requires that a "feasibility study either authorized or at least partly paid for by the State of New York must be completed. This will give the State Legislature continued control over the creation of new counties, and will insure that petitioners and subsequently voters in a proposed county will have the information necessary to make an informed decision."

A petition and referendum process was to be set up through which residents of an area seeking to form a new county can vote. There was a formula for the division of assets and liabilities between the existing county and the area seeking to break away.

Tax Reduction

Although having general scope, the legislation also made clear it has special bearing on the East End of Long Island. "Finally, it should be noted," declared the memorandum, "that a movement to create a new county from the five easternmost towns of Suffolk County has been initiated. A feasibility study was completed in 1995 that was 50 percent funded by the State of New York" that found a "reduction in property taxes of about $250 per taxpayer" if there would be a new county, "largely due to the second home real estate market valued at $10 billion" on the East End.

And it cited the vote held on the East End last year in which 71 percent of those balloting supported "allowing for a binding referendum on the new county."

"It should be noted that this legislation would honor that referendum and allow a Peconic County petition to be initiated," said the memorandum. "However, this law would also apply equally to any other territory in New York which could meet the substantive requirements of its provisions."

Awaiting Mr. Silver

In the State Legislature in Albany, a bill cannot get on the floor of either house without the approval of the leader of that house. In 1996, when Mr. Silver also blocked Peconic County legislation from getting to the floor of the Assembly, a companion Peconic bill did come before the State Senate where it was approved.

This year, a Senate version of the Assembly Peconic bill was held back - as members wait for Mr. Silver to allow movement of the Peconic bill in the Assembly.