NY State Senate Bill 2017-S6973A

Senate Bill S6973A

2017-2018 Legislative Session

Relates to authorizing the town of Smithtown, county of Suffolk, to alienate and convey certain parcels of land used as parklands

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

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
Jun 13, 2018	referred to local governments returned to assembly repassed senate home rule request
May 30, 2018	amended on third reading 6973a
May 30, 2018	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 02, 2018	referred to local governments delivered to assembly passed senate home rule request
Jan 30, 2018	advanced to third reading
Jan 29, 2018	2nd report cal.
Jan 23, 2018	1st report cal.283
Jan 17, 2018	committee discharged and committed to local government
Jan 03, 2018	referred to finance
Dec 18, 2017	referred to rules

Votes

- Jun 13, 2018 - Floor Vote
  S6973A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  May 2, 2018 - Floor Vote
  S6973A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 2, 2018
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Jan 23, 2018 - Local Government Committee Vote
  S6973A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jan 23, 2018
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie
      
      Serrano

Bill Amendments

Original

A (Active)

2017-S6973 - Details

See Assembly Version of this Bill:: A8827
Current Committee:: Assembly Local Governments
Law Section:: Parks
Versions Introduced in 2019-2020 Legislative Session:: S2859, A5716

2017-S6973 - Summary

Relates to authorizing the town of Smithtown, county of Suffolk, to alienate and convey certain parcels of land used as parklands to facilitate the placement and operation of a sewer pump station.

2017-S6973 - Sponsor Memo

                                
 
BILL NUMBER: S6973

SPONSOR: FLANAGAN
 
TITLE OF BILL:

An act in relation to authorizing the town of Smithtown, county of
Suffolk, to alienate and convey certain parcels of land used as park-
lands

 
PURPOSE:

Section 1 authorizes the town of Smithtown, to alienate and convey 4,000
square feet of land, and to transfer said parcel to the County of
Suffolk for the purpose of placing and operating a sewer pump station at
the Town of Smithtown Department of Parks, Buildings and Grounds located
at 100 Route 25A, Kings Park, NY

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the town of Smithtown, located in the county of
Suffolk, to discontinue 4,000 square feet of parklands, and alienate the

lands described in Section 3, and to transfer such lands to the county
of Suffolk to facilitate the placement and operation of a sewer pump
station at the Town of Smithtown Department of Parks, Building, and
Grounds located at 100 Route 25A, Kings Park, New York

Section 2 states that the authorization contained in section one of this
act shall take effect only upon the condition that the town of Smithtown
dedicate an amount equal to or greater than the fair market value of
parklands being discontinued towards the acquisition of new parklands
and/or towards capital improvements to existing parkland and recreation-
al facilities

Section 3 describes the legal description of the lands being trans-
ferred.

Section 4 states that if the lands described in Section 3, cease to be
used for the purposed described in Section 1, those lands shall revert
to the town of Smithtown for public park and recreational purposes. At
the time of such reversion, the removal of such sewer pump station shall
take place and the property shall be returned to its previous state,
consistent with park and recreational purposes

Section 5 conditions alienation upon the Town of Smithtown complying
with any federal requirements pertaining to alienation if the town
received any funding, support or assistance from the federal government
to purchase, maintain or improve parklands described in Section 3

 
JUSTIFICATION:

Town of Smithtown, in the County of Suffolk, unanimously adopted a
resolution requesting New York State to introduce legislation authoriz-
ing the Town to alienate 4,000 square feet of parkland via land transfer
to facilitate the placement and operation of a sewer pump station
located at the Parks, Buildings, & Grounds Department, 100 Route 25A,
Kings Park.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2017-S6973 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6973
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 18, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to authorizing  the  town  of  Smithtown,  county  of
   Suffolk,  to alienate and convey certain parcels of land used as park-
   lands

   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 town of Smith-
 town, located in the county of Suffolk, is hereby authorized, acting  by
 and  through its town board and upon such terms and conditions as deter-
 mined by such board, to discontinue as parklands and alienate the  lands
 more  particularly described in section three of this act, and to trans-
 fer such lands to the county of Suffolk to facilitate the placement  and
 operation of a sewer pump station at the Town of Smithtown Department of
 Parks,  Buildings  and Grounds located at 100 Route 25A, Kings Park, New
 York.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that the town of  Smithtown  dedicate  an
 amount  equal  to or greater than the fair market value of the parklands
 being discontinued towards  the  acquisition  of  new  parklands  and/or
 towards  capital  improvements  to  existing  parkland  and recreational
 facilities.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued  as  parklands transferred to the county of Suffolk are described as
 follows:
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
 improvements thereon erected, situate, lying and being  at  Kings  Park,
 Town of Smithtown, County of Suffolk and State of New York, more partic-
 ularly bounded and described as follows:
   Beginning  at  a point at the northeast corner of the herein described
 parcel, said point being situate the following  three  (3)  courses  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13865-02-7

 S. 6973                             2
 
 distances  as  measured from the monument found on the southerly side of
 Main Street (NYS Route 25A) at the division line  between  land  now  or
 formerly State of New York and land of the party of the first part:
   (1) south 85 degrees 40 minutes 00 seconds west 11.90 feet as measured
 along the southerly side of Main Street (NYS Route 25A);
   (2)  south  03 degrees 55 minutes 48 seconds east 194.45 feet as meas-
 ured along land of the party of the first part;
   (3) south 85 degrees 40 minutes 00 seconds west 171.02 feet  as  meas-
 ured along land of the party of the first part.
   Running  thence from said point of beginning through land of the party
 of the first part the following four courses of distances:
   (1) south 04 degrees 20 minutes 00 seconds east 50 feet;
   (2) south 85 degrees 40 minutes 00 seconds west 80 feet;
   (3) north 04 degrees 20 minutes 00 seconds west 50 feet;
   (4) north 85 degrees 40 minutes 00 seconds east 80 feet to  the  point
 or place of beginning.
   Together with an access easement, bounded and described as follows:
   Beginning  at  a point on the southerly side of Main street (NYS Route
 25A), said point being situate south 85 degrees 40  minutes  00  seconds
 west as measured along the southerly side of Main Street (NYS Route 25A)
 11.90  feet from the division line between land now or formerly State of
 New York and land of the party of the first part;
   Running thence from said point of beginning through land of the  party
 of the first part the following five (5) courses and distances:
   (1) south 03 degrees 55 minutes 48 seconds east 194.45 feet;
   (2) south 85 degrees 40 minutes 00 seconds west 251.02 feet;
   (3) north 04 degrees 20 minutes 00 seconds west 24.00 feet;
   (4) south 85 degrees 40 minutes 00 seconds east 221.19 feet;
   (5)  north  03  degrees  55 minutes 48 seconds west 170.45 feet to the
 southerly side of Main Street (NYS Route 25A);
   Running thence north 85 degrees 40 minutes 00 seconds east  along  the
 southerly side of Main Street (NYS Route 25A) 30.00 feet to the point or
 place of beginning. Total of 4,000 square footage of parkland.
   §  4.  Should the transferred lands described in section three of this
 act cease to be used for the purposes described in section one  of  this
 act,  those  lands shall revert to the town of Smithtown for public park
 and recreational purposes. At the time of such reversion, the removal of
 such sewer pump station shall take  place  and  the  property  shall  be
 returned  to  its  previous state, consistent with park and recreational
 purposes.
   § 5. In the event that the town  of  Smithtown  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in  section  three
 of this act, the discontinuance of parkland authorized by the provisions
 of  this  act  shall  not occur until the town of Smithtown has complied
 with any federal requirements pertaining to the alienation or conversion
 of such parklands, including satisfying the secretary  of  the  interior
 that the alienation or conversion complies with all conditions which the
 secretary  of the interior deems necessary to assure the substitution of
 other lands shall be equivalent in fair market  value  and  recreational
 usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.

2017-S6973A (ACTIVE) - Details

See Assembly Version of this Bill:: A8827
Current Committee:: Assembly Local Governments
Law Section:: Parks
Versions Introduced in 2019-2020 Legislative Session:: S2859, A5716

2017-S6973A (ACTIVE) - Summary

Relates to authorizing the town of Smithtown, county of Suffolk, to alienate and convey certain parcels of land used as parklands to facilitate the placement and operation of a sewer pump station.

2017-S6973A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6973A

SPONSOR: FLANAGAN
 
TITLE OF BILL:  An act in relation to authorizing the town of Smith-
town, county of Suffolk, to alienate and convey certain parcels of land
used as parklands

 
PURPOSE:

To authorize the Town of Smithtown to alienate and convey 4,000 square
feet of land, used as parklands, and to transfer said parcel to the
County of Suffolk for the purpose of placing and operating a sewer pump
station at the Town of Smithtown Department of Parks, Buildings and
Grounds located at 100 Route 25A, Kings Park, NY

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the town of Smithtown, located in the county of
Suffolk, to discontinue 4,000 square feet of parklands, and alienate the
lands described in section 3, and to transfer such lands to the county
of Suffolk to facilitate the placement and operation of a sewer pump

station at the Town of Smithtown Department of Parks, Buildings and
Grounds located at 100 Route 25A, Kings Park, New York.

Section 2 states that the authorization contained in section one of this
act shall take effect only upon the condition that the town of Smithtown
dedicate an amount equal to or greater than the fair market value of
parklands being discontinued towards the acquisition of new parklands
and/or towards capital improvements to existing parkland and recreation-
al facilities.

Section 3 describes the legal description of the lands being trans-
ferred.

Section 4 states that if the lands described in section 3, cease to be
used for the purpose described in section 1, those lands shall revert to
the town of Smithtown for public park and recreational purposes.  At the
time of such reversion, the removal of such sewer pump station shall
take place and the property shall be returned to its previous state,
consistent with park and recreational purposes.

Section 5 conditions alienation upon the Town of Smithtown complying
with any federal requirements pertaining to alienation if the town
received any funding, support or assistance from the federal government
to purchase, maintain or improve parklands described in Section 3.
Beginning at a point at the northeast corner of the herein described
parcel, said point being situate the following three (3) courses and
distances as measured from the monument found on the southerly side of
Main Street (NYS Route 25A) at the division line between land now or
formerly State of New York and land of the party of the first part:

(1) south 85 degrees 40 minutes 00 seconds west 11.90 feet as measured
along the southerly side of Main Street (NYS Route 25A);

(2) south 03 degrees 55 minutes 48 seconds east 194.45 feet as meas-
ured along land of the party of the first part;

(3) south 85 degrees 40 minutes 00 seconds west 171.02 feet as meas-
ured along land of the party of the first part.
Running thence from said point of beginning through land of the party of
the first part the following four courses of distances:

(1) south 04 degrees 20 minutes 00 seconds east 50 feet;

(2) south 85 degrees 40 minutes 00 seconds west 80 feet;

(3) north 04 degrees 20 minutes 00 seconds west 50 feet;

(4) north 85 degrees 40 minutes 00 seconds east 80 feet to the point or
place of beginning.

Total of 4,000 square feet.

Together with an access easement, bounded and described as follows:
Beginning at a point on the southerly side of Main street (NYS Route
25A), said point being situate south 85 degrees 40 minutes 00 seconds
west as measured along the southerly side of Main Street (NYS Route25A)
11.90 feet from the division line between land now or formerly State of
New York and land of the party of the first part;

Running thence from said point of beginning through land of the party of
the first part the following five (5) courses and distances:

(1) south 03 degrees 55 minutes 48 seconds east 194.45 feet;

(2) south 85 degrees 40 minutes 00 seconds west 251.02 feet;

(3) north 04 degrees 20 minutes 00 seconds west 24.00 feet;

(4) south 85 degrees 40 minutes 00 seconds east 221.19 feet;

(5) north 03 degrees 55 minutes 48 seconds west 170.45 feet to the
southerly side of Main Street (NYS Route 25A);

Running thence north 85 degrees 40 minutes 00 seconds east along the
southerly side of Main Street (NYS Route 25A) 30.00 feet to the point or
place of beginning. Total of 11,140 square footage or 0.26 acres of
parkland.

§ 4. Should the lands described in section three of this act cease to be
used for the purposes described in section one of this act, those lands
shall revert to the town of Smithtown for public park and recreational
purposes. At the time of such reversion, the county shall remove the
sewer pump station and the property shall be returned to its previous
state, consistent with park and recreational purposes.

§ 5. In the event that the town of Smithtown received any funding
support or assistance from the federal government for the purchase,
maintenance or improvement of the parklands set forth in section three
of this act, the discontinuance and alienation of such parkland author-
ized by the provisions of this act shall not occur until the town of
Smithtown has complied with any federal requirements pertaining to the
alienation or conversion of parkland, including satisfying the secretary
of the interior that the alienation or conversion complies with all
conditions which the secretary of the interior deems necessary to assure
the substitution of other lands shall be equivalent in fair market value
and usefulness to the lands being alienated or converted.
§ 6. This act shall take effect immediately.

 
JUSTIFICATION:

Town of Smithtown, in the County of Suffolk, unanimously adopted a
Resolution requesting New York State to introduce legislation authoriz-
ing the Town to alienate 4,000 square feet of parkland via land transfer
to facilitate the placement and operation of a sewer pump station
located at the Parks, Building & Grounds Department, 100 Route 25A,
Kings Park.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S6973A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6973--A
     Cal. No. 283
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 18, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
   committee discharged and said bill committed to the Committee on Local
   Government -- reported favorably from said committee, ordered to first
   and second report, ordered to a third reading, passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   third reading, amended and ordered reprinted, retaining its  place  in
   the order of third reading
 
 AN  ACT  in  relation  to  authorizing  the town of Smithtown, county of
   Suffolk, to alienate and convey certain parcels of land used as  park-
   lands
 
   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 town  of  Smith-
 town,  located  in the county of Suffolk, acting by and through its town
 board and upon such terms and conditions as determined by such board, is
 hereby authorized to discontinue as parklands  and  alienate  the  lands
 more  particularly described in section three of this act, and to trans-
 fer such lands to the county of Suffolk to facilitate the placement  and
 operation of a sewer pump station at the Town of Smithtown Department of
 Parks, Buildings and Grounds.
   § 2. The authorization contained in section one of this act shall take
 effect  only  upon  the condition that the town of Smithtown dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued  towards  the  acquisition  of  new parklands and/or
 towards capital  improvements  to  existing  parkland  and  recreational
 facilities.
   §  3. The parklands authorized by section one of this act to be alien-
 ated and transferred to the county of Suffolk are described as follows:

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

                                                            LBD13865-06-8

 S. 6973--A                          2
 
   ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, with the buildings and
 improvements thereon erected, situate, lying and being  at  Kings  Park,
 Town of Smithtown, County of Suffolk and State of New York, more partic-
 ularly bounded and described as follows:
   Beginning  at  a point at the northeast corner of the herein described
 parcel, said point being situate the following  three  (3)  courses  and
 distances  as  measured from the monument found on the southerly side of
 Main Street (NYS Route 25A) at the division line  between  land  now  or
 formerly State of New York and land of the party of the first part:
   (1) south 85 degrees 40 minutes 00 seconds west 11.90 feet as measured
 along the southerly side of Main Street (NYS Route 25A);
   (2)  south  03 degrees 55 minutes 48 seconds east 194.45 feet as meas-
 ured along land of the party of the first part;
   (3) south 85 degrees 40 minutes 00 seconds west 171.02 feet  as  meas-
 ured along land of the party of the first part.
   Running  thence from said point of beginning through land of the party
 of the first part the following four courses of distances:
   (1) south 04 degrees 20 minutes 00 seconds east 50 feet;
   (2) south 85 degrees 40 minutes 00 seconds west 80 feet;
   (3) north 04 degrees 20 minutes 00 seconds west 50 feet;
   (4) north 85 degrees 40 minutes 00 seconds east 80 feet to  the  point
 or place of beginning.
   Total of 4,000 square feet.
   Together with an access easement, bounded and described as follows:
   Beginning  at  a point on the southerly side of Main street (NYS Route
 25A), said point being situate south 85 degrees 40  minutes  00  seconds
 west as measured along the southerly side of Main Street (NYS Route 25A)
 11.90  feet from the division line between land now or formerly State of
 New York and land of the party of the first part;
   Running thence from said point of beginning through land of the  party
 of the first part the following five (5) courses and distances:
   (1) south 03 degrees 55 minutes 48 seconds east 194.45 feet;
   (2) south 85 degrees 40 minutes 00 seconds west 251.02 feet;
   (3) north 04 degrees 20 minutes 00 seconds west 24.00 feet;
   (4) south 85 degrees 40 minutes 00 seconds east 221.19 feet;
   (5)  north  03  degrees  55 minutes 48 seconds west 170.45 feet to the
 southerly side of Main Street (NYS Route 25A);
   Running thence north 85 degrees 40 minutes 00 seconds east  along  the
 southerly side of Main Street (NYS Route 25A) 30.00 feet to the point or
 place  of  beginning.  Total  of  11,140 square footage or 0.26 acres of
 parkland.
   § 4. Should the lands described in section three of this act cease  to
 be  used  for  the  purposes described in section one of this act, those
 lands shall revert to the town of Smithtown for public park  and  recre-
 ational purposes. At the time of such reversion, the county shall remove
 the  sewer pump station and the property shall be returned to its previ-
 ous state, consistent with park and recreational purposes.
   § 5. In the event that the town  of  Smithtown  received  any  funding
 support  or  assistance  from  the  federal government for the purchase,
 maintenance or improvement of the parklands set forth in  section  three
 of  this act, the discontinuance and alienation of such parkland author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Smithtown  has  complied with any federal requirements pertaining to the
 alienation or conversion of parkland, including satisfying the secretary
 of the interior that the alienation  or  conversion  complies  with  all
 conditions which the secretary of the interior deems necessary to assure

 S. 6973--A                          3
 
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 6. This act shall take effect immediately.

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