NINTH DAY

 

SPECIAL MEETING

 

May 15, 2003

 

 

            Minutes of the Special Meeting of the County Legislature of Suffolk County, New York, held in the Rose Y. Caracappa Legislative Auditorium, William H. Rogers Legislature Building, Hauppauge, New York, at 1:00 p.m., pursuant to notice duly given.

 

            The meeting was called to order at 1:10 p.m. by Presiding Officer Postal.  The Clerk called the roll and the following were found present:  Legislators Caracciolo, Towle, Viloria-Fisher, Haley, Foley, Lindsay, Fields, Alden, Carpenter, Crecca, Nowick, Bishop, Binder, Tonna, Caracappa, and Postal.  Legislators *Guldi and *Cooper being absent.

 

            Pledge of Allegiance.

 

            Presiding Officer Postal asked the Clerk to read the meeting notice.  Chief Deputy Clerk, Alexander Sullivan, stated, “Notice of Special Meeting dated May 14th to all County Legislators.  Please be advised that a special meeting of the Suffolk County Legislature will be held on Thursday, May 15, 2003, at 1:00 PM in the afternoon in the Rose Y. Caracappa Legislative Auditorium located at the William H. Rogers Legislature Building number twenty, 725 Veterans Memorial Highway, Hauppauge, New York, pursuant to the order of Judge Arthur D. Spatt, Federal District Court Judge, dated May 14, 2003, for the following purpose: A one hour public portion to consider a vote on I.R. 1247-03; to consider a vote on I.R. 1248-03; to consider a vote on I.R. 1249-03; to consider a vote on I.R. 1304-03; to consider a vote on I.R. 1354 -03, signed by Maxine S. Postal, Presiding Officer.

 

            Mr. Crecca offered the following resolution, seconded by Mr. Tonna.  On a roll call vote:  10 Legislators in favor; 7 opposed, Mr. Guldi, Ms. Viloria-Fisher, Mr. Foley, Mr. Lindsay, Ms. Fields, Mr. Cooper, and Ms. Postal; 1 abstention, Mr. Bishop.

 

Intro. Res. No    1304-2003                                                                            Laid on Table 4/29/2003

Introduced by Legislators Crecca, Caracciolo, Towle, Caracappa, Haley, Alden,  Carpenter, Nowick, Binder, and Tonna

 

RESOLUTION NO.  402     -2003, ADOPTING LOCAL LAW  NO. 22 -2003, A CHARTER LAW AMENDING THE SUFFOLK COUNTY CHARTER  WITH  RESPECT TO THE REAPPORTIONMENT  OF  SUFFOLK  COUNTY LEGISLATIVE  DISTRICTS

 

 WHEREAS, there was duly presented and introduced to this County Legislature    at    a   regular   meeting   held    on May 13, 2003, a  proposed  local law entitled,  "A CHARTER LAW AMENDING THE  SUFFOLK  COUNTY CHARTER  WITH  RESPECT TO REAPPORTIONMENT OF SUFFOLK COUNTY  LEGISLATIVE  DISTRICTS" and said local law in final form is the same as when presented and introduced; now, therefore, be it

 

            RESOLVED, that said local law be enacted in form as follows:

 

LOCAL LAW NO.  22 -2003, SUFFOLK COUNTY, NEW YORK A CHARTER  LAW  AMENDING  THE  SUFFOLK  COUNTY  CHARTER  WITH   RESPECT   TO REAPPORTIONMENT OF SUFFOLK COUNTY LEGISLATIVE DISTRICTS

 

          BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:

 

Section 1.  LEGISLATIVE INTENT.

 

          This Legislature hereby finds and determine that the County legislative districts  herein provided shall result in a  County  Legislature which  shall conform to the judicial and constitutional standards of  equality of representation.

 

          This Legislature also finds and determines that the legislative districts herein described completely encompass all of the geographical area of Suffolk County and that they contain the total permanent population of Suffolk County as determined by the 2000 official federal decennial census.

 

          This Legislature further finds that no legislative districts described herein includes  any geographical area of Suffolk County which is included within the description of any other district.

 

          This Legislature finds and determines that this reapportionment plan provides for equal weight for all the voters of Suffolk County in the allocation of representation in the County Legislature.

 

          This Legislature determines that this reapportionment plan provides substantially  fair and effective representation for all the residents of the County as organized in political parties and as ethnic or racial minorities.

 

          This Legislature further finds that the Legislative Districts described herein are of convenient and contiguous territory in as compact a form as is practicable and are consistent, to the maximum extent feasible, with the preservation of natural boundaries and/or boundaries of political subdivisions.

 

          Therefore, the purpose of this law is to reapportion the legislative districts within the County of Suffolk in accordance with the 2000 federal decennial census so that they will contain all of the total permanent population of Suffolk County and also to conform the residency requirements to the Legislative reapportionment cycle.

 

Section 2.  AMENDMENT.

 

 I.)      Section  2-3 of the SUFFOLK COUNTY CHARTER shall be amended to  read as follows:

 

          Section 2-3.  Legislative Districts.

 

A.)          The County shall be divided into eighteen (18) County Legislative Districts, numbered from one (1) to eighteen (18) inclusive. One (1) County Legislator shall be elected from each County Legislative District.

 

B.)          The County Legislative Districts currently in  effect  are  continued,  until changed pursuant to paragraph (C) of this section,  and Section 21-4 of the SUFFOLK COUNTY CHARTER.

 

C.)          No later than six (6) months after the publication of           the results of a regular federal census or any County-wide special population census which indicates that the districts do not contain substantially equal citizen population, but not more often than once in five (5) years, the County Legislature shall propose, by Charter Law, appropriate revisions of the boundaries of the Legislative Districts so that they shall contain substantially equal citizen population.

 

II.)     Section  2-4  of the SUFFOLK COUNTY CHARTER is  hereby   amended  to

read, as follows:

 

A.)          A county legislator shall have been a resident of the County for at least one (1) year immediately preceding  his  or  her  election  and  shall  maintain a residence in the county legislative district which he or she represents during his or her entire term of office and at the time of his or her  nomination or designation for such office.   The requirement for residence in a legislative district at the time of nomination or designation for such office shall not apply in a year in which legislators are running in newly apportioned legislative districts if such individual legislator has been nominated or designated to run in a legislative district whose  geographical boundaries are different from the geographical boundaries for the one to which he or she has been elected to represent for the year during which such new nomination or designation is made.  "Residence" shall mean that place where a person maintains a fixed, permanent and principal home; maintains a regular physical presence; and to which he or she, wherever temporarily located, always intends to return.

 

B.)          Such office shall be deemed vacant if such Legislator's residence lapses for more than sixty (60) days or is terminated in said legislative district.

 

III.)       Section  21-4  of the SUFFOLK COUNTY CHARTER is hereby amended  to read  as follows and Paragraph (B) of Section 21-4 is hereby repealed in its entirety  and replaced with the following new Section 21-4(B) of the SUFFOLK COUNTY CHARTER:

 

          Section 21-4.  Legislative Districts.

 

          A.)          Intent.

 

(1)        It is intended that the county legislative districts herein provided shall result in a County Legislature which shall form to the judicial and constitutional standards of equality of representation.

 

(2)       It is further intended that the legislative districts herein described completely encompass all of the geographical area of Suffolk County,  that they contain the total permanent population of Suffolk County as determined by the 2000 official decennial census and that no legislative districts described herein shall include any geographical area of Suffolk County which is  included within the description of any other district.

 

B.)        The County Legislative Districts as set forth in the map attached hereto as Exhibit "A", are described, based on the official Election Districts on file in the Suffolk County Board of Elections each of which Election Districts has an official map pursuant to Sections 4-102, 3-504(4) and 4-100(2) of the NEW YORK ELECTION LAW filed in the office of the Suffolk County Board of Elections, as follows:  

 

1.)        District No. 1 shall consist of the Towns of Riverhead, Shelter Island, and Southold, and that portion of the Town of Brookhaven represented by the following Election Districts: 9, 30, 32, 39, 40, 93, 113, 141, 154, 193, 203,  227, 264, 265, 272, and 279.

 

2.)        District No. 2 shall consist of the Towns of East Hampton and Southampton, and that portion of the Town of Brookhaven represented by the following Election Districts:  31, and 151.

 

3.)        District No. 3 shall consist of that portion of the Town of Brookhaven represented by the following Election Districts: 10, 26, 27, 28, 29, 38, 42, 46, 53, 67, 72, 73, 79, 80, 84, 104, 123, 137, 139, 150, 156, 160, 184, 192, 204, 207, 208, 213, 215, 228, 229, 234, 249, 253, 260, 266, 268, 269, 273, 274, 275, 277, 278 and 283. 

 

4.)        District No. 4 shall consist of that portion of the Town of Brookhaven represented by the following Election Districts: 13, 36, 43, 54, 55, 56, 58, 59, 71, 75, 76, 77, 78, 85, 92, 94, 99, 100, 106, 109, 120, 124, 125, 127, 132, 133, 145, 152, 157, 162, 174, 175, 176, 179, 180,183, 206, 210, 230, 232, 237, 238, 241, 242, 244, 250, 259, 261, 262, 276, and 280.

 

5.)        District No. 5 shall consist of that portion of the Town of Brookhaven represented by the following Election Districts:  1, 2, 3, 4, 5, 6, 7, 50, 60, 61, 62, 83, 86, 87, 88, 89, 90, 91, 95, 101, 102, 108, 110, 111, 112, 116, 117, 118, 121, 129, 134, 146, 147, 148, 161, 163, 165, 166, 170, 177, 178, 191, 205, 209, 212, 223, 224, 225, 226, 233, 239, and 251.

 

6.)        District No. 6 shall consist of that portion of the Town of Brookhaven represented by the following Election Districts:  8, 33, 35, 37, 47, 63, 65, 66, 68, 98, 122, 130, 135, 136, 140, 143, 153, 159, 167, 168, 169, 181, 182, 185, 187, 188, 189, 190, 195, 197, 198, 199, 201, 202, 216, 220, 236, 243, 245, 248, 252, 255, 256, 257, 258, 263, 267 and 270.

 

7.)        District No. 7 shall consist of that portion of the Town of Brookhaven consisting of the following Election Districts:  11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 34, 41, 45, 48, 49, 51, 52,  64, 69, 74,  82, 96, 97, 103, 114, 115, 119, 128, 131, 138, 144, 149, 155, 171, 173, 186, 194, 196, 200, 211, 214, 217, 218, 235, 240, 246, 247, 254 and 271.

 

8.)        District No. 8 shall consist of that portion of the Town of Brookhaven consisting of the following Election Districts: 107, and 164; and that portion of the Town of Islip consisting of the following Election Districts: 18, 19, 20, 21, 22, 23, 24, 25, 37, 38, 39, 45, 52, 53, 61, 76, 78, 79, 81, 99, 101, 106, 108, 116, 122, 126, 130, 131, 132, 137, 139, 140, 141, 144, 145, 155, 159, 161, 162, 165, 166, 172, 173, 179, 180, 201, 209, 213, and 216.

 

9.)        District No. 9 shall consist of that portion of the Town of Islip represented by the following Election Districts:  9, 16, 17, 30, 33, 36, 51, 55, 59, 60, 68, 71, 75, 77, 83, 84, 85, 86, 94, 95, 96, 100, 104, 111, 113, 114, 117, 119, 124, 125, 150, 158, 160, 168, 176, 181, 185, 191, 194, 199, 200, 205, 206, and 207.

 

10.)       District No. 10 shall consist of that portion of the Town of Islip represented by the following Election Districts: 6, 10, 11, 12, 13, 14, 15, 27, 28, 34, 35, 40, 49, 50, 54, 65, 70, 73, 74, 87, 88, 89, 91, 92, 102, 105, 107, 110, 115, 118, 120, 128, 129, 133, 135, 142, 143, 148, 149, 152, 153, 154, 157, 164, 175, 178, 182, 187, 189, 192, 197, 198, 202, 203, 210, 211, 214, 215, 217, 218, 220 and 221. 

 

11.)       District No. 11 shall consist of that portion of the Town of Islip represented by the following Election Districts:  1, 2, 3, 4, 5, 7, 8, 26,  29, 31, 32, 41, 42, 43, 44, 47, 48,  56, 57, 58, 62, 63, 64, 66, 67, 69, 72, 80, 82, 90, 93, 97, 103, 109, 121, 123, 127, 136, 146, 147, 156, 163, 167, 169, 170, 171, 174, 183, 184, 186, 188, 190, 193, 195, 196, 204, 208, and 212; and shall consist of that portion of the Town of Brookhaven represented by the following Election District: 57.

 

12.)       District No. 12 shall consist of that portion of the Town of Brookhaven represented by the following Election Districts: 12, 44, 70, 81, 105, 126, 142, 158, 172, 219, 221, 222, 231, 281 and 282; and that portion of the of the Town of Islip represented by the following Election Districts: 46, 98, 112, 134, 138, 151, 177, and 219; and that portion of the Town of Smithtown represented by the following Election Districts:  5, 6, 11, 13, 14, 16, 17, 21, 22, 25, 28, 30, 34, 36, 37, 39, 42, 45, 46, 48, 49, 51, 53, 55, 58, 59, 62, 65, 66, 67, 69, 73, 76, 78, 80, 81, 86, 87, 90, and 91.

       

13.)       District No. 13 shall consist of that portion of the Town of Huntington represented by the following Election Districts: 17, 18, 50, 60, 74, 86, 127, 142 and 169; and that portion of the Town of Smithtown represented by the following Election Districts: 1, 2, 3, 4, 7, 8, 9, 10, 12, 15, 18, 19, 20, 23, 24, 26, 27, 29, 31, 32, 33, 35, 38, 40, 41, 43, 44, 47, 50, 52, 54, 56, 57, 60, 61, 63, 64, 68, 70, 71,  72, 74, 75, 77, 79, 82, 83, 84, 85, 88, and 89.

 

14.)       District No. 14 shall consist of that portion of the Town of Babylon represented by  the following Election Districts:  1, 2, 3, 5, 6, 11, 13, 15, 16, 19, 20, 21, 23, 24, 27, 32, 33, 37, 39, 41, 43, 49, 50, 51, 52, 54, 59,  61, 62, 64, 71, 75, 77, 78, 83, 87, 88, 89, 91, 93, 94, 96, 101, 102, 104, 105, 107, 110, 111, 119, 121, 130, 131, 133, 142, 143,  150, and 152.

 

15.)       District No. 15 shall consist of that portion of the Town of Babylon represented by the following Election Districts:  7, 8, 9, 10, 12, 14, 17, 18,  25, 26, 28, 30, 31, 34, 35, 40, 42, 44, 48, 53, 56, 58, 63, 65, 66, 69, 70, 72, 74, 82, 90, 92, 109, 113, 114, 115, 117, 122, 124,  129, 134,  135, 139, 140, 141, 144, 145, 146, 147, and 153.

 

16.)       District No. 16 shall consist of that portion of the Town of Babylon represented by the following Election Districts:  4, 22, 45, 46, 55,  60, 68, 80, 84, 97, 99, 100, 108, 116, 118, 125, 136, 148, and 149; and that portion of the Town of Huntington consisting of the  following Election Districts:  14, 21, 28, 31,  36, 41, 44, 51, 52, 76, 77, 78, 82, 83, 84, 91, 95, 98, 100, 102, 105, 107, 108, 112, 114, 118, 120, 125, 131, 132, 133, 134, 135, 136, 137, 139, 141, 144, 146, 147, 148, 152, 159, 163, 165, 167, 170, 171, and 172.

 

17.)       District No. 17 shall consist of that portion of the Town of Babylon represented by the following Election Districts: 29, 36, 38, 47, 57, 67, 73, 76, 79, 81, 85, 86, 95, 98, 103, 106, 112, 120, 123, 126, 127, 128, 132, 137, 138, and 151; and within the Town of Huntington consisting of the following Election Districts: 11, 12, 22, 23, 27,  33, 34,  42, 48, 49, 53, 54, 56, 58, 59, 61, 62, 70, 71, 72, 79, 85, 88, 92, 94, 96, 101, 109,  121, 123, 138, 143, 145, 151, 154, 155, 158, 162, 166, 173, 174, 175, 176, and 177.

 

18.)       District No. 18 shall consist of that portion of the Town of Huntington represented by the following Election Districts:  1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 15, 16, 19, 20, 24, 25, 26, 29, 30, 32, 35, 37, 38, 39, 40, 43,  45, 46, 47, 55, 57, 63, 64, 65, 66, 67, 68, 69, 73, 75, 80, 81, 87, 89, 90, 93, 97, 99, 103, 104, 106, 110, 111, 113, 115, 116, 117, 119, 122, 124, 126, 128, 129, 130, 140, 149, 150, 153, 156, 157, 160, 161, 164, and 168.

                                 .  .  .  .  .

 

Section 3.  Errors and Omissions.

 

          If the districts described herein do not carry out the purposes thereof because of unintentional omissions, duplications, overlapping areas, erroneous nomenclature, lack of adequate maps or descriptions of political subdivisions, or other divisions thereof, or of their boundary lines, street closings, changes in names of streets, or other changes of public places, alteration of the boundary or courses of water or waterways, filling in of lands under water, accretion or other changes in shorelines, or alteration of courses, rights of way, or lines of public utilities or other conditions, the County Clerk shall, at the request of any  person or candidate aggrieved thereby, by order, correct such omissions, overlaps, erroneous nomenclature, or other defects in the description of districts so as to  accomplish the purposes and objectives of this Charter law.

 

Section 4.  Applicability.

 

          The County Legislative Districts created by this law shall be filled at the general election to be held in the first odd numbered year subsequent to the effective date of this law.

 

Section 5.  Severability.

 

          If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation,  firm,  partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.

 

Section 6.  SEQRA Determination.

 

          This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.13(d)(21) of the NEW YORK CODE OF RULES AND REGULATIONS (NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK  ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations,  rules, policies, procedures, and legislative decisions in connection with continuing agency  administration, management and information collection.   The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate  SEQRA  notices of  determination of non-applicability or non-significance in accordance with this law.

 

Section 7.  Effective Date.

 

          This law shall not take effect until at least forty-five (45) days after its adoption,  nor until approved by the affirmative vote of a  majority of the qualified electors of the County of Suffolk voting on a proposition for its approval if within forty-five (45) days after its adoption there is  filed with  the Clerk of the County Legislature a petition protesting  against  this law  in conformity with the provisions of Sections 10(1)(a)(13)  and  24(1)(a) and (2)(j) of the NEW YORK MUNICIPAL HOME RULE LAW, and upon filing in the office of the Secretary of State.

 

DATED: May 15, 2003

 

            APPROVED BY:

 

            /s/ Robert J. Gaffney

            County Executive of Suffolk County

            After a public hearing duly held on May 27, 2003

 

Date of Approval: May 29, 2003

Filed with the Secretary of State on July 28, 2003

 

 

1:45 p.m. - Meeting was adjourned.

 

                                                                                    Henry L. Barton, Jr.

                                                                                    Clerk of the Legislature