NY State Senate Bill 2023-S6743A

Senate Bill S6743A

Signed By Governor

2023-2024 Legislative Session

Authorizes the town of Yorktown, county of Westchester, to discontinue as parklands and lease at fair market value certain lands

download bill text pdf

Current 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
Sep 15, 2023	signed chap.458
Sep 07, 2023	delivered to governor
Jun 08, 2023	returned to senate passed assembly home rule request ordered to third reading rules cal.722 substituted for a6701a
Jun 07, 2023	referred to ways and means delivered to assembly passed senate home rule request ordered to third reading cal.1696 committee discharged and committed to rules
May 15, 2023	print number 6743a
May 15, 2023	amend and recommit to local government
May 08, 2023	referred to local government

Votes

- Jun 7, 2023 - Floor Vote
  S6743A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      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
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S6743A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas

Bill Amendments

Original

A (Active)

2023-S6743 - Details

See Assembly Version of this Bill:: A6701
Law Section:: Westchester County

2023-S6743 - Summary

Authorizes the town of Yorktown, county of Westchester, to discontinue as parklands and lease at fair market value to Homeland Towers, LLC for a term not to exceed 30 years certain lands to make the necessary renovations and operate a radio transmission tower facility.

2023-S6743 - Sponsor Memo

                                 
BILL NUMBER: S6743

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes the town of Yorktown, county of Westchester, to discontinue
as parklands and lease at fair market value certain lands.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes Yorktown to lease land to Homeland Towers, LLC for
the purposes of a radio transmission tower facility.

Section 2 requires that Yorktown dedicate the proceeds towards acquiring
new parklands or improvement of existing parklands.

Section 3 provides a legal description of the land to be leased.

Section 4 states if the land should be used for purposes other than what
is described in this act, the lease shall be terminated and the land
shall be returned to Yorktown and reverted to its previous state

Section 5 states that in the event that Yorktown received federal
assistance in relation to this parkland, the alienation of the parkland
will not occur until the town has met all federal requirements.

Section 6 states the effective date

 
JUSTIFICATION:

The alienation of these parklands will allow an approved cell tower to
be installed, moving the region closer to achieving its goals set forth
in its wireless master plan. The cell tower will enhance communication
capabilities for residents, businesses and first responders. The town of
Yorktown has requested this bill in compliance with the state's rules
regarding home rule.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6743 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6743
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the town of  Yorktown,  county  of  Westchester,  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  York-
 town,  county  of Westchester, acting by and through its governing body,
 and upon such terms and conditions as determined by such body, is hereby
 authorized to discontinue as parklands and lease at fair market value to
 Homeland Towers, LLC for a term not to exceed fifty-five years the lands
 more particularly described in section three of this  act  to  make  the
 necessary renovations and operate a radio transmission tower facility.
   §  2.  The authorization contained in section one of this act shall be
 effective only upon the condition that the town of Yorktown,  county  of
 Westchester, 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:
   ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE TOWNSHIP  OF  YORKTOWN,
 COUNTY OF WESTCHESTER AND STATE OF NEW YORK, AND BEING A PORTION OF LAND
 CONVEYED  TO  THE TOWN OF YORKTOWN BY DEED BOOK 10175 AT PAGE 203 IN THE
 WESTCHESTER COUNTY CLERK'S OFFICE BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT, SAID POINT BEING LOCATED ON THE SOUTHERLY BOUNDS
 OF US ROUTE 6 (SH 1309), SAID POINT ALSO BEING THE NORTHEASTERLY  CORNER
 OF SAID LANDS OF THE TOWN OF YORKTOWN, AND BEING LOCATED ON THE WESTERLY
 BOUNDS  OF HILL BOULEVARD, THENCE FROM SAID POINT OF BEGINNING ALONG THE
 SAID WESTERLY BOUNDS OF HILL BOULEVARD ON A CURVE TO THE LEFT  HAVING  A
 RADIUS OF 827.45, AND A CENTRAL ANGLE OF 11° 43' 02" AND LENGTH OF CURVE
 OF  169.22'  TO  A  POINT, THENCE ALONG THE SAID SOUTHERLY BOUNDS OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10765-01-3

 S. 6743                             2
 
 SAID LANDS OF THE TOWN OF YORKTOWN, S. 59°  00'  00",  30.91'  W.  TO  A
 POINT,  THENCE  THROUGH  THE  SAID  LANDS  OF  THE TOWN OF YORKTOWN, THE
 FOLLOWING SEVEN (7) COURSES AND DISTANCES:
   1. N. 02° 32' 58" W., 73.43', THENCE
   2. N. 46° 38' 01" W., 30.01', THENCE
   3. N. 57° 33' 50" W., 25.29', THENCE
   4. N. 79° 32' 32" W., 26.30', THENCE
   5. N. 88° 20' 33" W., 45.30'. THENCE
   6. N. 22° 16' 51" W., 26.30', THENCE
   7.  N. 01° 32' 48" E., 31.46' TO A POINT OF THE SOUTHERLY BOUNDS OF US
 ROUTE 6 (SH 1309), THENCE ALONG SAID SOUTHERLY BOUNDS OF US ROUTE 6  (SH
 1309)  ON  A  CURVE TO THE LEFT HAVING A RADIUS OF 1412.5, AND A CENTRAL
 ANGLE OF 05° 09' 02" AND LENGTH OF CURVE OF  126.98'  TO  THE  POINT  OR
 PLACE OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS.
   §  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 Yorktown for
 public park and recreational purposes. At the time  of  such  reversion,
 the  removal  of  the radio transmission tower facility 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 Yorktown 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 author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Yorktown  has  complied  with any federal 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
 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-S6743A (ACTIVE) - Details

See Assembly Version of this Bill:: A6701
Law Section:: Westchester County

2023-S6743A (ACTIVE) - Summary

2023-S6743A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6743A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes the town of Yorktown, county of Westchester, to discontinue
as parklands and lease at fair market value certain lands.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes Yorktown to lease land to Homeland Towers, LLC for
the purposes of a radio transmission tower facility.

Section 2 requires that Yorktown dedicate the proceeds towards acquiring
new parklands or improvement of existing parklands.

Section 3 provides a legal description of the land to be leased.

Section 4 states if the land should be used for purposes other than what
is described in this act, the lease shall be terminated and the land
shall be returned to Yorktown and reverted to its previous state

Section 5 states that in the event that Yorktown received federal
assistance in relation to this parkland, the alienation of the parkland
will not occur until the town has met all federal requirements.

Section 6 states the effective date

 
JUSTIFICATION:

The alienation of these parklands will allow an approved cell tower to
be installed, moving the region closer to achieving its goals set forth
in its wireless master plan. The cell tower will enhance communication
capabilities for residents, businesses and first responders. The town of
Yorktown has requested this bill in compliance with the state's rules
regarding home rule.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE MD LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6743A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6743--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 8, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  Yorktown,  county  of  Westchester,  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  York-
 town,  county  of Westchester, acting by and through its governing body,
 and upon such terms and conditions as determined by such body, is hereby
 authorized to discontinue as parklands and lease at fair market value to
 Homeland Towers, LLC for a term not to exceed  thirty  years  the  lands
 more  particularly  described  in  section three of this act to make the
 necessary renovations and operate a radio transmission tower facility.
   § 2. The authorization contained in section one of this act  shall  be
 effective  only  upon the condition that the town of Yorktown, county of
 Westchester, 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:
   ALL  THAT  CERTAIN PARCEL OF LAND SITUATE IN THE TOWNSHIP OF YORKTOWN,
 COUNTY OF WESTCHESTER AND STATE OF NEW YORK, AND BEING A PORTION OF LAND
 CONVEYED TO THE TOWN OF YORKTOWN BY DEED BOOK 10175 AT PAGE 203  IN  THE
 WESTCHESTER COUNTY CLERK'S OFFICE BOUNDED AND DESCRIBED AS FOLLOWS:
   BEGINNING AT A POINT, SAID POINT BEING LOCATED ON THE SOUTHERLY BOUNDS
 OF  US ROUTE 6 (SH 1309), SAID POINT ALSO BEING THE NORTHEASTERLY CORNER
 OF SAID LANDS OF THE TOWN OF YORKTOWN, AND BEING LOCATED ON THE WESTERLY
 BOUNDS OF HILL BOULEVARD, THENCE FROM SAID POINT OF BEGINNING ALONG  THE
 SAID  WESTERLY  BOUNDS OF HILL BOULEVARD ON A CURVE TO THE LEFT HAVING A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10765-04-3

 S. 6743--A                          2
 
 RADIUS OF 827.45, AND A CENTRAL ANGLE OF 11° 43' 02" AND LENGTH OF CURVE
 OF 169.22' TO A POINT, THENCE ALONG THE SAID  SOUTHERLY  BOUNDS  OF  THE
 SAID  LANDS  OF  THE  TOWN  OF  YORKTOWN, S. 59° 00' 00", 30.91' W. TO A
 POINT,  THENCE  THROUGH  THE  SAID  LANDS  OF  THE TOWN OF YORKTOWN, THE
 FOLLOWING SEVEN (7) COURSES AND DISTANCES:
   1. N. 02° 32' 58" W., 73.43', THENCE
   2. N. 46° 38' 01" W., 30.01', THENCE
   3. N. 57° 33' 50" W., 25.29', THENCE
   4. N. 79° 32' 32" W., 26.30', THENCE
   5. N. 88° 20' 33" W., 45.30'. THENCE
   6. N. 22° 16' 51" W., 26.30', THENCE
   7. N. 01° 32' 48" E., 31.46' TO A POINT OF THE SOUTHERLY BOUNDS OF  US
 ROUTE  6 (SH 1309), THENCE ALONG SAID SOUTHERLY BOUNDS OF US ROUTE 6 (SH
 1309) ON A CURVE TO THE LEFT HAVING A RADIUS OF 1412.5,  AND  A  CENTRAL
 ANGLE  OF  05°  09'  02"  AND LENGTH OF CURVE OF 126.98' TO THE POINT OR
 PLACE OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS.
   § 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 Yorktown for
 public  park  and  recreational purposes. At the time of such reversion,
 the removal of the radio transmission tower facility  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  Yorktown  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 author-
 ized  by  the  provisions  of this act shall not occur until the town of
 Yorktown has complied with any federal 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
 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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