NY State Senate Bill 2023-S9804

Senate Bill S9804

2023-2024 Legislative Session

Authorizes the city of Poughkeepsie to alienate and discontinue the use of certain parklands

download bill text pdf

Current Bill Status - In Senate Committee Rules 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	recommitted to rules
Jun 05, 2024	ordered to third reading cal.1818 committee discharged and committed to rules
May 30, 2024	referred to local government

Votes

- Jun 5, 2024 - Rules Committee Vote
  S9804
  
  18
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2024
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      nay (1)
      
      Sepúlveda
      
      aye wr (1)
      
      Parker

2023-S9804 (ACTIVE) - Details

See Assembly Version of this Bill:: A10515
Current Committee:: Senate Rules
Law Section:: Poughkeepsie, City of

2023-S9804 (ACTIVE) - Summary

Authorizes the city of Poughkeepsie to alienate and discontinue the use of certain parklands for the purpose of constructing a new emergency services communications tower.

2023-S9804 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9804

SPONSOR: ROLISON
 
TITLE OF BILL:

An act in relation to authorizing the city of Poughkeepsie to alienate
and discontinue the use of certain parklands

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes the City of Poughkeepsie to construct an emergency communi-
cations tower on parkland.

 
SUMMARY OF PROVISIONS:

Section I authorizes the City of Poughkeepsie to discontinue the land
identified as parkland and alienate the lands described in section 3 of
this act and to construct an emergency communications tower on such
lands for use by the City of Poughkeepsie.

Section 2 provides that the authorization contained in Section 1 shall
only be effective on the condition that the City of Poughkeepsie dedi-

cate an amount equal to or greater than the fair market value of the
parklands being discontinued toward the acquisitions of new parklands
and/or capital improvements to existing park and recreational facili-
ties.

Section 3 describes the location for the new emergency communications
tower which will not be used as parkland in the future.

Section 4 provides that in the event that the City of Poughkeepsie
received any funding support or assistance form the federal government
for the purchase, maintenance, or improvements of the parklands set
forth in section 3, the discontinuance and alienation of parklands
authorized in this act shall not occur until the City has complied with
any federal requirements pertaining to the alienation or conversion of
the parklands.  This includes satisfying the Secretary of the Interior
that the alienation or conversion complies with all conditions which the
Secretary 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.

Section 5 provides the effective date which is immediately.

 
JUSTIFICATION:

College Hill Park is owned by the City of Poughkeepsie. Currently, there
is a communications tower on the parkland which is used by the City of
Poughkeepsie for radio communication to the police, fire department and
other first responders.

The current tower is in need of repair and upgrades, and the City has
decided to construct a new tower. The City will use the new tower for
their radio communications and the existing tower will be removed.  The
parkland previously used for the existing tower will be returned to use
as parkland and a portion of the park will be used for the new tower.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.   
EFFECTIVE:

This act shall take effect immediately.

2023-S9804 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9804
 
                             I N  S E N A T E
 
                               May 30, 2024
                                ___________
 
 Introduced  by  Sen. ROLISON -- 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  to  alienate
   and discontinue the use of certain parklands
 
   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  is hereby authorized, acting by and through its governing body,
 and upon such terms and conditions as determined by such governing body,
 to discontinue the use as parkland and alienate the lands  described  in
 section  three of this act, for the purpose of constructing an emergency
 communications tower on such lands for use by the city of Poughkeepsie.
   § 2. The authorization contained in section one of this act shall only
 be effective on the condition that, the city of Poughkeepsie dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued toward the acquisition of new parklands and/or capi-
 tal improvements to existing park and recreational facilities.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parkland is described as follows:
   ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE CITY  OF  POUGHKEEPSIE,
 COUNTY  OF  DUTCHESS  AND  STATE OF NEW YORK AND BEING A PORTION OF LAND
 CONVEYED TO THE CITY OF POUGHKEEPSIE, A MUNICIPAL CORPORATION  BY  LIBER
 200  AT  PAGE  239,  LIBER 200 AT PAGE 241 AND LIBER 200 AT PAGE 243 AND
 RECORDED IN THE DUTCHESS COUNTY CLERK'S OFFICE BOUNDED AND DESCRIBED  AS
 FOLLOWS:
   COMMENCING AT A POINT, SAID POINT BEING LOCATED ON THE EASTERLY BOUNDS
 OF  NORTH  CLINTON  STREET, SAID POINT BEING THE NORTHWESTERLY CORNER OF
 TAX PARCEL 6162-63-327371-0000, BEING OWNED NOW OR FORMERLY  BY  DEBORAH
 A.   WHITTON, THENCE FROM SAID POINT OF COMMENCEMENT ALONG SAID EASTERLY
 BOUNDS OF NORTH CLINTON STREET, N. 11° 02' 43" E., 402.00' TO  A  POINT,
 THEN FROM SAID POINT THROUGH THE SAID LANDS OF THE CITY OF POUGHKEEPSIE,
 A  MUNICIPAL  CORPORATION  AND  PARALLEL WITH THE NORTH LINE OF SAID TAX
 PARCEL 6162-63-327371-0000, S 81° 04' 59" E, 979.30', MORE  OR  LESS  TO
 THE  NORTHEASTERLY  CORNER OF AN EXISTING TELECOMMUNICATION COMPOUND AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15768-02-4
 S. 9804                             2
 
 THE POINT AND PLACE OF BEGINNING, THENCE FROM SAID POINT  AND  PLACE  OF
 BEGINNING THE FOLLOWING EIGHT (8) COURSES AND DISTANCES:
   1) S. 73° 24' 59" E., 21.00', THENCE
 2) N. 16° 35' 01" E., 45.60', THENCE
 3) N. 43° 35' 01" E., 25.00', THENCE
 4) N. 46° 24' 59" W., 20.00', THENCE
 5) S. 43° 35' 01" W., 33.50', THENCE
 6) N. 73° 24' 59" W., 33.34', THENCE
 7) S. 16° 35' 01" W., 59.56', THENCE
 8) S. 73°  24'  59"  E.,  29.00'  TO  THE  POINT AND PLACE OF BEGINNING,
 CONTAINING 3,447.03 SQ. FEET, OR 0.079 ACRES MORE OR LESS.
   § 4. In the event that the city of Poughkeepsie 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 city of
 Poughkeepsie has complied with any federal  requirements  pertaining  to
 the  alienation  or  conversion  of  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 usefulness to the lands being alienated or converted.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.