NY State Senate Bill 2023-S5814A

Senate Bill S5814A

Signed By Governor

2023-2024 Legislative Session

Authorizes the town of Islip, county of Suffolk, to discontinue as parklands and lease certain lands

download bill text pdf

Current Bill Status Via A5799 - 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
Sep 15, 2023	signed chap.394
Sep 07, 2023	delivered to governor
Jun 09, 2023	returned to assembly passed senate home rule request 3rd reading cal.1809 substituted for s5814a
Jun 09, 2023	substituted by a5799a
Jun 08, 2023	ordered to third reading cal.1809 committee discharged and committed to rules
Mar 30, 2023	print number 5814a
Mar 30, 2023	amend and recommit to local government
Mar 17, 2023	referred to local government

Votes

- Jun 9, 2023 - Floor Vote
  A5799
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Skoufis
      
      The following Member(s) participated via videoconferencing: Cooney
  Jun 9, 2023 - Rules Committee Vote
  S5814A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Sepúlveda

Bill Amendments

Original

A (Active)

2023-S5814 - Details

See Assembly Version of this Bill:: A5799
Law Section:: Parks

2023-S5814 - Summary

Authorizes the town of Islip, county of Suffolk, to discontinue as parklands and lease certain lands to J.P. Supreme Caterers, Inc., d/b/a Nicky's on the Bay, or its successors and/or assigns, for operation of a fuel dock and restaurant.

2023-S5814 - Sponsor Memo

                                 
BILL NUMBER: S5814

SPONSOR: WEIK
 
TITLE OF BILL:

An act to authorize the town of Islip, county of Suffolk, to discontinue
as parklands and lease certain lands

 
PURPOSE:

An act to authorize the town of Islip, county of Suffolk, to discontinue
as parklands and lease certain lands

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the town of Islip to discontinue as parklands and
to lease at fair market value certain property to J.P. Supreme Caterers,
Inc., d/b/a Nicky's on the Bay for a term not to exceed forty years to
make the necessary renovations and operate a fuel dock and restaurant.

Section 2 requires the town of Islip, to dedicate the proceeds from the
lease toward the acquisition of new parklands and/or capital improve-

ments to existing park and recreational facilities.

Section 3 describes the meets & bounds of the property to be alienated.

Section 4 requires that, should the lands described in section three of
this act cease to be used for the purposes described in section one of
this act, the lease shall terminate and those lands shall revert to the
town of Islip for public park and recreational purposes. At the time of
such reversion, the removal of such fuel dock and restaurant shall take
place and the property shall be returned to its previous state, consist-
ent with park and recreational purposes.

Section 5 requires the town of Islip to comply with any federal govern-
ment before alienating the parkland.

Section 6 is the effective date.

 
JUSTIFICATION:

The Town of Islip is the owner of the Bay Shore Marina located at 150 S.
Clinton Ave., Bay Shore. The Town needs to alienate the parcel so they
can enter into a lease for the restaurant located on site. The Town has
already passed a resolution authorizing the Home Rule Request.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5814 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5814
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the town of Islip, county of Suffolk, to discontinue
   as parklands and lease certain 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 Islip,
 county of Suffolk, acting by and through its governing  body,  and  upon
 such  terms and conditions as determined by such body, is hereby author-
 ized to discontinue as parklands and to lease at fair  market  value  to
 J.P.  Supreme Caterers, Inc., d/b/a Nicky's on the Bay for a term not to
 exceed forty years the lands  more  particularly  described  in  section
 three  of  this act to make the necessary renovations and operate a fuel
 dock and restaurant.
   § 2. The authorization contained in section one of this act  shall  be
 effective  only  upon  the  condition  that the town of Islip, county of
 Suffolk, dedicate the proceeds from the lease toward the acquisition  of
 new  parklands  and/or  capital improvements to existing park and recre-
 ational facilities.
   § 3. The lands authorized by section one of this act to be  discontin-
 ued as parklands and leased are described as follows:
   BEGINNING  at  a  point,  said  point  being the following courses and
 distances from the corner formed by the  intersection  of  the  easterly
 side of Clinton Avenue and the southerly side of Bayview Avenue.
   1.)  N57°  44'  40"E  34.00  feet  along the southerly side of Bayview
 Avenue to a point;
   2.) S32° 15' 20"E 128.73 feet to a point;
   3.) S38° 48' 10"E 129.10 feet to a point;
   4.) S67° 01' 50"E 468.38 feet to a point;
   5.) N72° 50' 40"E 794.58 feet to a point;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10224-01-3
 S. 5814                             2

 
   6.) N49° 23' 30"E 476.11 feet to a point;
   7.)  N34°  30'  49"W  6.36  feet to the point of beginning, having the
 N.Y.S.  coordinates N199,740.8400, E1195600.4500 Long Island Zone.
   RUNNING THENCE in a northerly direction N34° 30' 49"W 152.09 feet to a
 point;
   RUNNING THENCE in an easterly direction N49° 54' 46"E 173.11 feet to a
 point;
   RUNNING THENCE in a southerly direction S36° 15' 02"E 151.42 feet to a
 point;
   RUNNING THENCE in a westerly direction S54° 09' 42"W 160.93 feet to  a
 point;
   RUNNING  THENCE in a southerly direction S34° 30' 49"E 13.46 feet to a
 point;
   RUNNING THENCE in a westerly direction S54° 09' 42"W 16.00 feet  to  a
 point, the point or place of beginning.
   Said  Parcel  has an area of 25,552.10 SQ.FT. or 0.59 Acres and can be
 found on Drawing 2008-18 of the Dept. Of Planning and Development,  Town
 of Islip.
   §  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, the lease
 shall terminate and those lands shall revert to the town  of  Islip  for
 public  park  and  recreational purposes. At the time of such reversion,
 the removal of such fuel dock and restaurant 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 Islip 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 parklands authorized by the
 provisions of this act shall not occur  until  the  town  of  Islip  has
 complied  with  any federal requirements pertaining to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior 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.

2023-S5814A (ACTIVE) - Details

See Assembly Version of this Bill:: A5799
Law Section:: Parks

2023-S5814A (ACTIVE) - Summary

2023-S5814A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5814A

SPONSOR: WEIK
 
TITLE OF BILL:

An act to authorize the town of Islip, county of Suffolk, to discontinue
as parklands and lease certain lands

 
PURPOSE:

An act to authorize the town of Islip, county of Suffolk, to discontinue
as parklands and lease certain lands

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the town of Islip to discontinue as parklands and
to lease at fair market value certain property to J.P. Supreme Caterers,
Inc., d/b/a Nicky's on the Bay for a term not to exceed forty years to
make the necessary renovations and operate a fuel dock and restaurant.

Section 2 requires the town of Islip, to dedicate the proceeds from the
lease toward the acquisition of new parklands and/or capital improve-

ments to existing park and recreational facilities.

Section 3 describes the meets & bounds of the property to be alienated.

Section 4 requires that, should the lands described in section three of
this act cease to be used for the purposes described in section one of
this act, the lease shall terminate and those lands shall revert to the
town of Islip for public park and recreational purposes. At the time of
such reversion, the removal of such fuel dock and restaurant shall take
place and the property shall be returned to its previous state, consist-
ent with park and recreational purposes.

Section 5 requires the town of Islip to comply with any federal govern-
ment before alienating the parkland.

Section 6 is the effective date.

 
JUSTIFICATION:

The Town of Islip is the owner of the Bay Shore Marina located at 150 S.
Clinton Ave., Bay Shore. The Town needs to alienate the parcel so they
can enter into a lease for the restaurant located on site. The Town has
already passed a resolution authorizing the Home Rule Request.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5814A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5814--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 to authorize the town of Islip, county of Suffolk, to discontinue
   as parklands and lease certain 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 Islip,
 county of Suffolk, acting by and through its governing  body,  and  upon
 such  terms and conditions as determined by such body, is hereby author-
 ized to discontinue as parklands and to lease at fair  market  value  to
 J.P. Supreme Caterers, Inc., d/b/a Nicky's on the Bay, or its successors
 and/or  assigns,  for  a  term  not to exceed forty years the lands more
 particularly described in section three of this act to make  the  neces-
 sary renovations and operate a fuel dock and restaurant.
   §  2.  The authorization contained in section one of this act shall be
 effective only upon the condition that the  town  of  Islip,  county  of
 Suffolk,  dedicate the proceeds from the lease toward the acquisition of
 new parklands and/or capital improvements to existing  park  and  recre-
 ational facilities.
   §  3. The lands authorized by section one of this act to be discontin-
 ued as parklands and leased are described as follows:
   BEGINNING at a point, said  point  being  the  following  courses  and
 distances  from  the  corner  formed by the intersection of the easterly
 side of Clinton Avenue and the southerly side of Bayview Avenue.
   1.) N57° 44' 40"E 34.00 feet  along  the  southerly  side  of  Bayview
 Avenue to a point;
   2.) S32° 15' 20"E 128.73 feet to a point;
   3.) S38° 48' 10"E 129.10 feet to a point;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10224-03-3
 S. 5814--A                          2

 
   4.) S67° 01' 50"E 468.38 feet to a point;
   5.) N72° 50' 40"E 794.58 feet to a point;
   6.) N49° 23' 30"E 476.11 feet to a point;
   7.)  N34°  30'  49"W  6.36  feet to the point of beginning, having the
 N.Y.S.  coordinates N199,740.8400, E1195600.4500 Long Island Zone.
   RUNNING THENCE in a northerly direction N34° 30' 49"W 152.09 feet to a
 point;
   RUNNING THENCE in an easterly direction N49° 54' 46"E 173.11 feet to a
 point;
   RUNNING THENCE in a southerly direction S36° 15' 02"E 151.42 feet to a
 point;
   RUNNING THENCE in a westerly direction S54° 09' 42"W 160.93 feet to  a
 point;
   RUNNING  THENCE in a southerly direction S34° 30' 49"E 13.46 feet to a
 point;
   RUNNING THENCE in a westerly direction S54° 09' 42"W 16.00 feet  to  a
 point, the point or place of beginning.
   Said  Parcel  has an area of 25,552.10 SQ.FT. or 0.59 Acres and can be
 found on Drawing 2008-18 of the Dept. Of Planning and Development,  Town
 of Islip.
   §  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, the lease
 shall terminate and those lands shall revert to the town  of  Islip  for
 public  park  and  recreational purposes. At the time of such reversion,
 the removal of such fuel dock and restaurant 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 Islip 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 parklands authorized by the
 provisions of this act shall not occur  until  the  town  of  Islip  has
 complied  with  any federal requirements pertaining to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior 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.

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