NY State Senate Bill 2019-S6558

Senate Bill S6558

2019-2020 Legislative Session

Authorizes the county of Nassau to lease for an additional two year period, the park lands it was previously authorized to lease pursuant to chapter 269 of the laws of 1979

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jun 16, 2019	referred to rules

2019-S6558 (ACTIVE) - Details

See Assembly Version of this Bill:: A8399
Current Committee:: Senate Local Government
Law Section:: Real Property
Laws Affected:: Amd §§1, 1-a & 1-b, Chap 269 of 1979
Versions Introduced in 2021-2022 Legislative Session:: A2579

2019-S6558 (ACTIVE) - Summary

Authorizes the county of Nassau to lease certain parklands for an additional two year period and requires proceeds of such lease to be used by the county of Nassau for park purposes.

2019-S6558 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6558

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend chapter 269 of the laws of 1979 relat-
ing to authorizing the county of Nassau to lease certain lands acquired
pursuant to the provisions of article fifteen of the parks and recre-
ation law, in relation to extending such authorization to lease or
permit certain premises

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend Nassau County's authority to lease certain real property
located at Silver Point, Atlantic Beach, for fair market value and upon
such terms and conditions as the governing body, in its discretion,
shall deem fair and reasonable, including any period where there was or
is a lease or permit for the subject premises in effect up to and
including January 1, 2020, and for an additional period not to exceed
two years.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 through 1-b of chapter 269 of the laws of 1979, as amended by
chapter 459 of the laws of 1998, are amended to extend Nassau County's
authority to lease Lot 9, formerly Lots 1, 2, 7 and 8, set forth in
Section 58, Block A on the Land and Tax Map of the county of Nassau for
fair market value and upon such terms and conditions as such governing
body, in its discretion, shall deem fair and reasonable, including for
any period where there was or is a lease or permit for the subject prem-
ises in effect up to and including January 1, 2020, and authorizing the
governing body of the county of Nassau to thereafter lease such premises
for an additional period not to exceed two years.

 
JUSTIFICATION:

Silver Point Beach Club, Inc. and Sun and Surf Beach Club, Inc. have
continuously operated beach clubs at Silver Point in Atlantic Beach for
over fifty years, providing cabanas, changing rooms, swimming pools,
athletic and food facilities, and other related services, all for the
recreation and enjoyment of thousands of County residents. The clubs
have been excellent stewards of the environment.  They have operated the
clubs in an eco-friendly manner and at a level of economic activity that
has been compatible with prudent traffic and vehicle management for the
area. The continued operation of the clubs will avoid disruption of
services to residents who have long enjoyed the beach clubs and is
essential to maintain the continuity of the tax revenues for the munici-
pality, school district and other districts in which the clubs are
located.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

County of Nassau will receive the fair market rental value of the prop-
erty, currently estimated at an annual value of $1,218,769.00, and the
property will remain on the assessment rolls of the municipality and
districts, with the lessee or permittee responsible for all taxes,

assessments and levies, currently estimated at an annual value of
$1,377,329.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6558 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6558
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 16, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend chapter 269 of the laws of 1979 relating to  authorizing
   the  county  of Nassau to lease certain lands acquired pursuant to the
   provisions of article fifteen of the  parks  and  recreation  law,  in
   relation  to  extending  such authorization to lease or permit certain
   premises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Sections 1, 1-a and 1-b of chapter 269 of the laws of 1979
 relating to authorizing the county of  Nassau  to  lease  certain  lands
 acquired  pursuant to the provisions of article fifteen of the parks and
 recreation law, section 1 as amended and sections 1-a and 1-b  as  added
 by chapter 459 of the laws of 1998, are amended to read as follows:
   Section 1. Notwithstanding any other provision of law to the contrary,
 the  governing  body  of the county of Nassau, may lease for fair market
 value and upon such terms and conditions as such governing body, in  its
 discretion, shall deem fair and reasonable, for an initial period not to
 exceed  twenty  years and may thereafter lease, for an additional period
 not to exceed ten years LOT 9, FORMERLY Lots 1, 2, 7 and 8, set forth in
 Section 58, Block A on the Land and Tax Map of the county of Nassau, and
 located at Silver Point, Atlantic Beach in the town of  Hempstead,  such
 lands  having been acquired by the county pursuant to article fifteen of
 the former parks and recreation  law,  AND  THE  AUTHORIZATION  PROVIDED
 HEREBY SHALL FURTHER INCLUDE ANY PERIOD WHERE THERE WAS OR IS A LEASE OR
 PERMIT FOR THE SUBJECT PREMISES IN EFFECT UP TO AND INCLUDING JANUARY 1,
 2020,  AND  THE  GOVERNING  BODY  OF THE COUNTY OF NASSAU MAY THEREAFTER
 LEASE SUCH PREMISES FOR FAIR MARKET VALUE AND UPON SUCH TERMS AND CONDI-
 TIONS AS THE GOVERNING BODY, IN ITS  DISCRETION,  SHALL  DEEM  FAIR  AND
 REASONABLE,  FOR  AN  ADDITIONAL PERIOD NOT TO EXCEED TWO YEARS.  During
 the period of such lease OR  PERMIT,  such  land  shall  remain  on  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13390-01-9

 S. 6558                             2
 
 assessment  rolls  of  the  municipality,  school  districts  and  other
 districts in which they are located and shall be subject to real  estate
 taxes  and  assessments in the same manner as privately owned lands. The
 tenant's  OR PERMITTEE'S rights under such lease OR PERMIT to occupy and
 use such lands shall  be conditioned on the prompt payment of  the  full
 amount  of  such  taxes  and assessments with interest and penalties, if
 any. A copy of such lease OR PERMIT  shall  be  filed  with  the  Nassau
 county clerk within ten days after such lease OR PERMIT is executed.
   §  1-a. Any amounts received by the county of Nassau pursuant to [the]
 ANY lease OR PERMIT authorized pursuant to section one of this act shall
 be used by such county for the acquisition of  additional  parklands  or
 capital  improvements to existing parks or financing of additional park-
 lands or additional improvements to existing parks;  provided,  however,
 that such amounts shall be placed into an account which is utilized only
 for park and recreational purposes.
   § 1-b. If the lessee OR PERMITTEE of the lands authorized to be leased
 pursuant  to  section  one  of  this act shall fail or cease to use such
 lands and improvements thereon for  public  recreational  purposes,  the
 leasehold  OR  PERMIT on such lands and improvements shall terminate and
 possession thereof shall immediately revert to the county of Nassau.
   § 2. This act shall take effect immediately.

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