NY State Senate Bill 2015-S5812

Senate Bill S5812

Signed By Governor

2015-2016 Legislative Session

Relates to authorizing the city of Poughkeepsie to sell certain parklands to a private entity for a public benefit and economic development

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	signed chap.408
Oct 14, 2015	delivered to governor
Jun 18, 2015	returned to senate passed assembly home rule request ordered to third reading rules cal.629 substituted for a7980a referred to ways and means delivered to assembly passed senate home rule request
Jun 17, 2015	ordered to third reading cal.1719 committee discharged and committed to rules
Jun 10, 2015	print number 5812a
Jun 10, 2015	amend and recommit to local government
Jun 04, 2015	referred to local government

Votes

- Jun 18, 2015 - Floor Vote
  S5812
  
  52
  
  Aye
  
  7
  
  Nay
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (52)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (7)
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      Perkins
      
      Rivera
      
      Sanders Jr.
      
      Stavisky
      
      absent (4)
      
      Funke
      
      Parker
      
      Peralta
      
      Sampson
  Jun 17, 2015 - Rules Committee Vote
  S5812
  
  22
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2015
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (2)
      
      Gianaris
      
      Hassell-Thompson
      
      aye wr (1)
      
      Perkins

Bill Amendments

Original

A (Active)

2015-S5812 - Details

Law Section:: Poughkeepsie, City of

2015-S5812 - Summary

Relates to authorizing the city of Poughkeepsie to sell certain parklands to a private entity for a public benefit and economic development.

2015-S5812 - Sponsor Memo

                                BILL NUMBER:S5812

TITLE OF BILL:  An act in relation to authorizing the city of
Poughkeepsie, in the county of Dutchess, to discontinue the use of
certain lands as parklands and to sell and convey such lands, which
are no longer needed for park purposes

PURPOSE:  To allow for the sale of City parkland from a municipality
to a private entity for a public benefit and economic development.

SUMMARY OF PROVISIONS:

Section 1 authorizes the city of Poughkeepsie to sell specific lands,
including the historic residence known as "Pelton Mansion".

Section 2 establishes that all proceeds from the sale of the property
must be spent on improvements to parklands or for the acquisition of
additional parklands.

Section 3 provides the metes and bounds for the property being
alienated.

Section 4 ensures that federal and state regulations for acquisition
and transfer of park lands are followed,

Section 5 ensures that if park lands dedicated to the city of

Poughkeepsie are not of equal or greater fair market value, the city
of Poughkeepsie shall dedicate the difference of the fair market value
to the acquisition of new parklands or for capital improvements to
existing park and recreational facilities.

Section 6 sets an immediate effective date.

JUSTIFICATION:  The purpose of this legislation is to enable the city
of Poughkeepsie to sell and convey certain parkland to a private
entity for the purpose of economic development and betterment of
existing parks. In absence of the legislation, the City of
Poughkeepsie would lack authority to convey the parcel. The subject
property was purchased by the City of Poughkeepsie in 1971 and became
the home of the Poughkeepsie Day Nursery shortly thereafter. Since
that time, the Poughkeepsie Day Nursery has occupied the premises
under an arrangement with the City that included leases for periods
that ranged from five years to ten years. Since 1912 to 2014 the
nursery school occupied the sole structure which at no time was open
to the public. There are no public amenities on the site except for
one or two park benches. The only sign at the property is one at the
entrance that identifies the premises at that of the "Poughkeepsie Day
Nursery."

The City of Poughkeepsie has requested this legislation as it contends
it is in desperate need to provide capital improvements to its parks
that are much more utilized than this site. The City will invest the
proceeds from this sale into capital improvements at existing parks.
The proposed sale will be an economic boost to the City and result in
approximately 30 units of market rate housing.

LEGISLATIVE HISTORY: None.


FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect immediately.

2015-S5812 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5812

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 4, 2015
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT in relation to authorizing the city of Poughkeepsie, in the coun-
  ty of Dutchess, to discontinue the use of certain lands  as  parklands
  and to sell and convey such lands, which are no longer needed for park
  purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subject to the provisions of this act  but  notwithstanding
any provision of general, special or local law to the contrary, the city
of  Poughkeepsie, in the county of Dutchess is hereby authorized, acting
by and through its Common Council and upon such terms and conditions  as
determined by such legislative body, to discontinue the use of the muni-
cipally  owned  parklands more particularly described n section three of
this act, and to sell and convey  such  lands,  including  the  historic
residence  known  as  the  "Pelton  Mansion"  located at 36 North Clover
Street in the city of Poughkeepsie, which are no longer needed for  park
purposes,  upon  such other terms and conditions as may be determined by
such legislative body, but at fair market value.
  S 2. The authorization provided in section one of this  act  shall  be
effective only upon the condition that the city of Poughkeepsie dedicate
all  proceeds  and  consideration received from the sale of the property
being alienated by this act for the acquisition of additional  parklands
of  equal  or greater fair market value, and/or for capital improvements
to existing parklands and recreational purposes within the city.
  S 3. The property authorized by this act to be discontinued  as  park-
lands by the city of Poughkeepsie are generally described as follows:
  All that tract or parcel of land situated in the City of Poughkeepsie,
County  of Dutchess, and the State of New York, bounded and described as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11466-02-5

S. 5812                             2

  Beginning at a point in the Westerly line of North Clover Street, said
point being the Southeasterly corner of lands now or formerly Provenzano
(Liber 1973, cp 419); thence along  the  said  Westerly  line  of  North
Clover  Street  South  29-28-25 West 32.00 feet to a point; thence along
the Northerly line of lands now or formerly Delleo (Deed Document Number
22008/1137) North 60-31-35 West 150.00 feet to a point; thence along the
Westerly  lines  of the said lands now or formerly Delleo (Deed Document
Number 22008/1137), lands now or formerly Villano (Deed Document  Number
22010/3925)  and  lands  now  or formerly Trocino & Milea (Deed Document
Number 22008/2923), South 29-28-25 West 187.17 feet to a  point;  thence
along  the Northerly line of lands now or formerly Holy Comforter Church
(Liber 373, cp 347) North 83-19-10 West; 173.50 feet to a point  in  the
Easterly  line  of  Davies Place; thence along the said Easterly line of
Davies Place, generally along a stone retaining wall, the following  two
courses: North 11-55-00 East 8.06 feet to an angle in the said retaining
wall  and North 5-43-30 West 238.88 feet to a point at the Southerly end
of a curve to the right connecting the  said  Easterly  line  of  Davies
Place  with the Southerly line of Dongan Place; thence, continuing along
the said stone retaining wall, along the said curve to the right, having
a radious of 105.00 feet, a length of 201.74 feet to a point in the said
Southerly line of Dongan Place; thence along the said Southerly line  of
Dongan  Place, continuing generally along the said stone retaining wall,
the following courses: South 75-42-00 East 167.71 feet to a point, South
72-23-10 East 34.97 feet to a point, South 68-42-40 East 39.88 feet to a
point, South 64-56-50 East 32.46 feet to a point,  South  61-35-50  East
44.04  feet  to  a point, and South 56-45-00 East 62.07 feet to a point;
thence, generally along the said stone retaining  wall,  South  26-29-50
East  17.67 feet to a point, and, leaving the said stone retaining wall,
South 11-58-40 West 10.48 feet to a point in the said Westerly  line  of
North  Clover  Street,  said point being the Northeasterly corner of a 3
story brick building situate on lands now or formerly GCAABB  LLC  (Deed
Document Number 22009/5257); thence along the Northerly line of the said
lands  now  or  formerly  GCAABB  LLC (Deed Document Number 22009/5257),
partially along the Northerly face of the said 3 story  brick  building,
North  60-31-35  West  150.00 feet to a point; thence along the Westerly
lines of the said lands now or formerly GCAABB LLC (Deed Document Number
22009/5257) and lands now or formerly TJ Associates Inc. (Liber 1992, cp
207) South 29-28-25 West 80.00 feet to a point; thence along the  South-
erly  line  of  the said lands now or formerly TJ Associates Inc. (Liber
1992, cp 207) South 60-31-35 East 25.50 feet to a  point;  thence  along
the  Westerly  and  Southerly  lines  of  the said lands now or formerly
Provenzano (Liber 1973, cp 419) the following two courses: South  29-28-
25 West 34.50 feet to a point and South 60-31-35 East 124.50 feet to the
point or place of beginning. Containing 2.45 acres of land.
  Subject  to and together with the existing easements and rights-of-way
of record, if any.
  S 4. The discontinuance and conveyance of parkland authorized  by  the
provisions  of  this  act shall not occur until the city of Poughkeepsie
has complied with any federal or state requirements  pertaining  to  the
alienation  or  conversion of parklands, including satisfying the secre-
tary of the interior that the alienation or conversion complies with all
conditions which the secretary of the interior deems necessary to assure
that the substitution of other lands shall be equivalent in fair  market
value  and  recreational  usefulness  to  the  lands  being alienated or
converted.

S. 5812                             3

  S 5. In the event that the park lands to be dedicated by the  city  of
Poughkeepsie  pursuant  to  this  act  are  not of equal or greater fair
market value and usefulness as park lands than  the  park  lands  to  be
discontinued,  the city of Poughkeepsie shall dedicate the difference of
fair market value and/or usefulness of the lands to be alienated and the
lands  to  be  dedicated  for  the  acquisition of additional park lands
and/or capital improvements to existing park  and  recreational  facili-
ties.
  S 6. This act shall take effect immediately.

2015-S5812A (ACTIVE) - Details

Law Section:: Poughkeepsie, City of

2015-S5812A (ACTIVE) - Summary

Relates to authorizing the city of Poughkeepsie to sell certain parklands to a private entity for a public benefit and economic development.

2015-S5812A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5812A

TITLE OF BILL:

An act in relation to authorizing the city of Poughkeepsie, in the
county of Dutchess, to discontinue the use of certain lands as
parklands and to sell and convey such lands, which are no longer
needed for park purposes

PURPOSE:

To allow for the sale of City parkland from a municipality to a
private entity for a public benefit and economic development.

SUMMARY OF PROVISIONS:

Section 1 authorizes the city of Poughkeepsie to sell specific lands,
including the historic residence known as "Pelton Mansion".

Section 2 establishes that all proceeds from the sale of the property
must be spent on improvements to parklands or for the acquisition of
additional parklands.

Section 3 provides the metes and bounds for the property being
alienated.

Section 4 ensures that federal and state regulations for acquisition
and transfer of park lands are followed.

Section 5 ensures that if park lands dedicated to the city of
Poughkeepsie are not of equal or greater fair market value, the city
of Poughkeepsie shall dedicate the difference of the fair market value
to the acquisition of new parklands or for capital improvements to
existing park and recreational facilities.

Section 6 sets an immediate effective date.

JUSTIFICATION:

The purpose of this legislation is to enable the city of Poughkeepsie
to sell and convey certain parkland to a private entity for the
purpose of economic development and betterment of existing parks In
absence of the legislation, the City of Poughkeepsie would lack
authority to convey the parcel. The subject property was purchased by
the City of Poughkeepsie in 1911 and became the home of the
Poughkeepsie Day Nursery shortly thereafter Since that time, the
Poughkeepsie Day Nursery has occupied the premises under an
arrangement with the City that included leases for periods that ranged
from five years to ten years. Since 1912 to 2014, the nursery school
occupied the sole structure which at no time was open to the public.
There are no public amenities on the site except for one or two park
benches. The only sign at the property is one at the entrance that
identifies the premises at that of the "Poughkeepsie Day Nursery."

The City of Poughkeepsie has requested this legislation as it contends
it is in desperate need to provide capital improvements to its parks
that are much more utilized than this site. The City will invest the


proceeds from this sale into capital improvements at existing parks.
The proposed sale will be an economic boost to the City and result in
approximately 30 units of market rate housing.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5812A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5812--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 4, 2015
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT in relation to authorizing the city of Poughkeepsie, in the coun-
  ty of Dutchess, to discontinue the use of certain lands  as  parklands
  and to sell and convey such lands, which are no longer needed for park
  purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subject to the provisions of this act the  city  of  Pough-
keepsie,  in  the county of Dutchess is hereby authorized, acting by and
through its Common Council and upon such terms and conditions as  deter-
mined by such legislative body, to discontinue the use of the municipal-
ly  owned parklands more particularly described in section three of this
act, and to sell and convey such lands, including the historic residence
known as the "Pelton Mansion" located at 36 North Clover Street  in  the
city of Poughkeepsie, which are no longer needed for park purposes, upon
such other terms and conditions as may be determined by such legislative
body, but at fair market value.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the city of Poughkeepsie dedicate
an amount equal to or greater than the fair market value of the property
being alienated by this act for the acquisition of additional  parklands
and/or for capital improvements to existing park and recreational facil-
ities.
  S  3.  The property authorized by this act to be discontinued as park-
lands by the city of Poughkeepsie are generally described as follows:
  All that tract or parcel of land situated in the City of Poughkeepsie,
County of Dutchess, and the State of New York, bounded and described  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11466-04-5

S. 5812--A                          2

  Beginning at a point in the Westerly line of North Clover Street, said
point being the Southeasterly corner of lands now or formerly Provenzano
(Liber  1973,  cp  419);  thence  along  the said Westerly line of North
Clover Street South 29-28-25 West 32.00 feet to a  point;  thence  along
the Northerly line of lands now or formerly Delleo (Deed Document Number
22008/1137) North 60-31-35 West 150.00 feet to a point; thence along the
Westerly  lines  of the said lands now or formerly Delleo (Deed Document
Number 22008/1137), lands now or formerly Villano (Deed Document  Number
22010/3925)  and  lands  now  or formerly Trocino & Milea (Deed Document
Number 22008/2923), South 29-28-25 West 187.17 feet to a  point;  thence
along  the Northerly line of lands now or formerly Holy Comforter Church
(Liber 373, cp 347) North 83-19-10 West; 173.50 feet to a point  in  the
Easterly  line  of  Davies Place; thence along the said Easterly line of
Davies Place, generally along a stone retaining wall, the following  two
courses: North 11-55-00 East 8.06 feet to an angle in the said retaining
wall  and North 5-43-30 West 238.88 feet to a point at the Southerly end
of a curve to the right connecting the  said  Easterly  line  of  Davies
Place  with the Southerly line of Dongan Place; thence, continuing along
the said stone retaining wall, along the said curve to the right, having
a radious of 105.00 feet, a length of 201.74 feet to a point in the said
Southerly line of Dongan Place; thence along the said Southerly line  of
Dongan  Place, continuing generally along the said stone retaining wall,
the following courses: South 75-42-00 East 167.71 feet to a point, South
72-23-10 East 34.97 feet to a point, South 68-42-40 East 39.88 feet to a
point, South 64-56-50 East 32.46 feet to a point,  South  61-35-50  East
44.04  feet  to  a point, and South 56-45-00 East 62.07 feet to a point;
thence, generally along the said stone retaining  wall,  South  26-29-50
East  17.67 feet to a point, and, leaving the said stone retaining wall,
South 11-58-40 West 10.48 feet to a point in the said Westerly  line  of
North  Clover  Street,  said point being the Northeasterly corner of a 3
story brick building situate on lands now or formerly GCAABB  LLC  (Deed
Document Number 22009/5257); thence along the Northerly line of the said
lands  now  or  formerly  GCAABB  LLC (Deed Document Number 22009/5257),
partially along the Northerly face of the said 3 story  brick  building,
North  60-31-35  West  150.00 feet to a point; thence along the Westerly
lines of the said lands now or formerly GCAABB LLC (Deed Document Number
22009/5257) and lands now or formerly TJ Associates Inc. (Liber 1992, cp
207) South 29-28-25 West 80.00 feet to a point; thence along the  South-
erly  line  of  the said lands now or formerly TJ Associates Inc. (Liber
1992, cp 207) South 60-31-35 East 25.50 feet to a  point;  thence  along
the  Westerly  and  Southerly  lines  of  the said lands now or formerly
Provenzano (Liber 1973, cp 419) the following two courses: South  29-28-
25 West 34.50 feet to a point and South 60-31-35 East 124.50 feet to the
point or place of beginning. Containing 2.45 acres of land.
  Subject  to and together with the existing easements and rights-of-way
of record, if any.
  S 4. The discontinuance and conveyance of parkland authorized  by  the
provisions  of  this  act shall not occur until the city of Poughkeepsie
has complied with any federal or state requirements  pertaining  to  the
alienation  or  conversion of parklands, including satisfying the secre-
tary of the interior that the alienation or conversion complies with all
conditions which the secretary of the interior deems necessary to assure
that the substitution of other lands shall be equivalent in fair  market
value  and  recreational  usefulness  to  the  lands  being alienated or
converted.

S. 5812--A                          3

  S 5. In the event that the park lands to be dedicated by the  city  of
Poughkeepsie  pursuant  to  this  act  are  not of equal or greater fair
market value and usefulness as park lands than  the  park  lands  to  be
discontinued,  the city of Poughkeepsie shall dedicate the difference of
fair market value and/or usefulness of the lands to be alienated and the
lands  to  be  dedicated  for  the  acquisition of additional park lands
and/or capital improvements to existing park  and  recreational  facili-
ties.
  S 6. This act shall take effect immediately.

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