S6782B-2011 - NY Senate Open Legislation - Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District

Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District.

Sponsor: MARCELLINO
Law Section: Nassau County

S6782B-2011 Actions

Aug 17, 2012: SIGNED CHAP.417
Aug 6, 2012: DELIVERED TO GOVERNOR
Jun 20, 2012: returned to senate
Jun 20, 2012: passed assembly
Jun 20, 2012: home rule request
Jun 20, 2012: ordered to third reading rules cal.421
Jun 20, 2012: substituted for a9739b
Jun 14, 2012: referred to local governments
Jun 14, 2012: DELIVERED TO ASSEMBLY
Jun 14, 2012: PASSED SENATE
Jun 14, 2012: HOME RULE REQUEST
May 22, 2012: ADVANCED TO THIRD READING
May 21, 2012: 2ND REPORT CAL.
May 16, 2012: 1ST REPORT CAL.829
May 1, 2012: PRINT NUMBER 6782B
May 1, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
Apr 9, 2012: PRINT NUMBER 6782A
Apr 9, 2012: AMEND AND RECOMMIT TO LOCAL GOVERNMENT
Mar 21, 2012: REFERRED TO LOCAL GOVERNMENT

S6782B-2011 Meetings

Local Government: May 16, 2012

S6782B-2011 Calendars

Active List: Jun 14, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012

S6782B-2011 Votes

VOTE: COMMITTEE VOTE: - Local Government - May 16, 2012

Ayes (8): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Oppenheimer, Klein

VOTE: FLOOR VOTE: - Jun 14, 2012

Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Young, Zeldin
Excused (4): Diaz, Espaillat, Huntley, Krueger

S6782B-2011 Memo

BILL NUMBER:S6782B

TITLE OF BILL:
An act
to authorize the county of Nassau to transfer ownership of certain
parklands to the Oyster Bay Water District

PURPOSE:
This bill authorizes Nassau County to convey
fee simple title
in a vacant parcel of passive parkland in the Village of Oyster Bay
Cove to the Oyster Bay Water District.

SUMMARY OF PROVISIONS:
The County is authorized by this bill to convey
certain passive park property to the Oyster Bay Water District. Prior
to or concurrent with the conveyance, the County must designate
certain other lands as parklands to be placed in the County's park
trust.

JUSTIFICATION:
This Bill would enable the Oyster Bay Water District
(the "District") to construct a well on a 0.53 acre parcel of County
property known as the Tiffany Creek Preserve, which parcel is
adjacent to a facility already owned by the District. The well is
needed to facilitate the supply of clean drinking water in Nassau
County, and will promote the health, safety and welfare of the
general public. In addition, for facilitating this transfer, the
County will be permitted to attach communications antennae to the
District's water tower adjacent to the parcel to be conveyed. These
antennae will be used by the Nassau County Police Department.
Finally, a 4.3 acre parcel of property to be acquired by the County
from the State of New York will be dedicated as parkland by the
County to replace the portion of the Tiffany Creek Preserve being
transferred to the District. This will result in the overall addition
of parkland for enjoyment by the general public.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6782B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6782--B
 I N  SENATE
 March 21, 2012
 
 Introduced  by  Sen.  MARCELLINO  -- 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 -- committee discharged,  bill  amended,
 ordered reprinted as amended and recommitted to said committee
 AN  ACT  to  authorize  the  county  of  Nassau to transfer ownership of
 certain parklands to the Oyster Bay Water District
 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 county of Nassau
 is hereby authorized and empowered to discontinue as county parkland and
 convey  the  property  described  in  section two of this act, which was
 heretofore used by such county for park and/or recreational purposes and
 is within the Tiffany Creek Preserve, upon terms to be fixed and  deter
 mined  by such county and approved by its legislature, to the Oyster Bay
 water district.
 

S 2.  The lands referred to in section one of this  act  are  located,
 bounded and described as follows:

 All that certain plot, piece or parcel of land situate lying and being
 at  the  Incorporated  Village  of  Oyster Bay Cove, Town of Oyster Bay,
 County of Nassau and State of New York, being bounded and  described  as
 follows:

 BEGINNING  at the northwesterly most corner of the existing Oyster Bay
 Water District Plant 8. Said point of beginning being further  described
 as  being  the  following six (6) bearings and distances from the inter
 section of the northerly side of Berry Hill Road with the westerly  side
 of Sandy Hill Road:

 1. North 76� 35' 10" West 128.29 feet;
 2. North 77� 50' 30" West 154.69 feet;
 3. North 83� 33' 10" West 98.79 feet;
 4. North 01� 01' 44" West 253.57 feet;
 5. North 34� 30' 00" West 75.00 feet;
 6.  North  84� 30' 00" West 55.00 feet to the point or place of begin
 ning.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15120-04-2
        S. 6782--B                          2
 THENCE southerly by and with the westerly side of the existing  Oyster
 Bay  Water  District  Plant  8,  the  following  two  (2)  bearings  and
 distances:

 1. South 45� 30' 00" West 150.00 feet;
 2. South 03� 30' 00" West 20.28 feet;
 THENCE through property of the County of Nassau the following four (4)
 bearings and distances:

 1. North 72� 04' 40" West 150.29 feet;
 2. North 17� 55' 20" East 130.00 feet;
 3. South 72� 04' 40" East 112.10 feet;
 4.  South 84� 30' 00" East 105.04 feet to the point or place of begin
 ning.
 Said property containing an area  of  approximately  23,136.62  square
 feet (0.53 acres).
 

S 3. Subject to the provisions of this act, the Nassau county legisla
 ture  is hereby further authorized and empowered to convey to the Oyster
 Bay Water District a non-pollution easement encompassing a radius of 200
 feet surrounding the well head to be installed on the property described
 in section two of this act, the area of such easement being shown upon a
 map entitled "OYSTER BAY WATER DISTRICT PLANT 8 EXPANSION"  prepared  by
 Holzmacher,  McLendon  &  Murrell, P.C. and dated September 22, 2009 and
 last revised March 8, 2012. Such land shall remain open to  the  general
 public for passive park and recreational purposes.
 

S  4.  The  authorization provided in section one of this act shall be
 effective only upon the condition that on or before the  alienation  and
 conveyance  of  lands  described  in  section two of this act and/or the
 conveyance of the easement described in section three of this  act,  the
 county  shall  acquire  additional lands of equal or greater fair market
 value than the lands being alienated, as described  in  section  two  of
 this  act.  Such lands to be acquired, which shall be dedicated as park
 land, are designated by the following designations on the Nassau  County
 Land and Tax Map:

 1)

Section 65, Block 58, Lot 648
 2)

Section 63, Block 20, Lot 704
 3)

Section 65, Block 59, Lot 751
 4)

Section 63, Block 21, Lot 803
 such parcels being those acquired by the People of the State of New York
 and containing therein approximately 4.13 acres +/-.
 

S  5. If the parcel described in section two of this act is greater in
 fair market value than  the  parcels  being  dedicated  as  parkland  in
 section  four  of  this  act,  the  county  of Nassau shall dedicate the
 difference in the fair market value of such lands for the acquisition of
 additional park lands and/or for capital improvements to  existing  park
 and recreational facilities.
 

S  6.  If the parkland that is being discontinued has received federal
 funding pursuant to the Land and Water Conservation Fund, the discontin
 uance and conveyance of park land authorized by the provisions  of  this
 act  shall  not  occur  until the county of Nassau has complied with any
 state requirements pursuant to state issued  grants  for  effected  park
 property  and  federal  requirements  pertaining  to  conversion of park
 lands, including satisfying the  secretary  of  the  interior  that  the
 alienation  or  conversion complies with all conditions which the secre
 tary of the interior deems necessary to assure the substitution of other
 lands shall be equivalent in fair market value and recreational  useful
 ness to the lands being alienated or converted.
 

S 7. This act shall take effect immediately.

S6782B-2011: Authorizes the county of Nassau to transfer ownership of certain parklands to the Oyster Bay Water District