S T A T E O F N E W Y O R K
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8368--A
R. R. 251
2009-2010 Regular Sessions
I N A S S E M B L Y
May 15, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Local Governments -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend chapter 924 of the laws of 1941 relating to legalizing
acts and proceedings of the town board of the town of Southold,
Suffolk county relating to the establishment of the Mattituck park
district, in relation to election of park commissioners by residents
of such district
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 924 of the laws of 1941 relating to
legalizing acts and proceedings of the town board of the town of Sout-
hold, Suffolk county relating to the establishment of the Mattituck park
district, is amended to read as follows:
Section 1. The Mattituck park district in the town of Southold,
Suffolk county, heretofore established by the town board of the town of
Southold pursuant to the petition of resident taxpayers of the district,
is hereby continued as a public park district in said town. The legal
voters of the district, AS DETERMINED BY THE SUFFOLK COUNTY BOARD OF
ELECTIONS LIST OF ELIGIBLE VOTERS IN EFFECT AS OF THE PREVIOUS GENERAL
ELECTION, shall elect three [resident taxpayers] RESIDENTS OF SUCH PARK
DISTRICT thereof to be the park commissioners, [one of whom may be a
female over twenty-one years of age,] for terms of one, two and three
years respectively; and shall also elect a treasurer in such park
district for a term of three years, who shall be entitled to receive and
have custody of the funds of the district and pay out the same for the
purposes herein provided for, on the order of the park commissioners.
The treasurer, before entering upon the duties of his OR HER office,
shall give such security for the safe-keeping and lawful application of
the funds of the district as the town board of the town of Southold may
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11514-02-9
A. 8368--A 2
require. Additional security shall be given from time to time for the
safe-keeping and lawful application of the proceeds of town bonds or
certificates of indebtedness issued and sold for any improvement or
acquisition of land voted by [resident taxpayers] RESIDENTS of the
district and approved by the town board of the town. The commissioners
constituting the board of park commissioners, elected pursuant to chap-
ter sixty-one of the laws of nineteen hundred twenty-four, now in
office, shall constitute the board of park commissioners herein provided
for until the expiration of their present terms, respectively, and the
present incumbent of the office of the treasurer of said district shall
continue to be the treasurer of said district until the expiration of
his OR HER term and until his OR HER successor is elected and has quali-
fied. The park commissioners shall receive no compensation for their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
The treasurer shall receive a compensation to be fixed by the park
commissioners within the amount authorized by the [taxpayers] RESIDENTS
of the district. The park commissioners may employ a secretary and such
other employees and technical assistants as may be necessary and fix
their compensation within the amount provided therefor. RESIDENCY WITH-
IN THE MATTITUCK PARK DISTRICT SHALL BE DETERMINED BY THE VOTER'S
ADDRESS AS SET FORTH ON THE SUFFOLK COUNTY BOARD OF ELECTIONS LIST OF
ELIGIBLE VOTERS IN EFFECT AS OF THE PREVIOUS ELECTION AND SHALL BE WITH-
IN THE BOUNDARIES OF THE MATTITUCK PARK DISTRICT AS SET FORTH IN THIS
CHAPTER.
The annual estimates of amounts necessary to provide for the operation
of the park district shall include estimates of amounts necessary to pay
the salary of the treasurer and expenses of the park district for
personal service of employees and expenses of the park commissioners,
and the amount or amounts approved and voted by the [resident taxpayers]
RESIDENTS of the district shall be included and raised by tax on taxable
real property of the park district.
S 2. Sections 3, 4 and 6 of chapter 924 of the laws of 1941 relating
to legalizing acts and proceedings of the town board of the town of
Southold, Suffolk county relating to the establishment of the Mattituck
park district, as amended by sections 210, 211 and 212 of part 4 of
chapter 710 of the laws of 1943, are amended to read as follows:
S 3. The park commissioners shall have power to acquire lands within
the boundaries of the district from the owner or owners thereof by gift,
purchase, or by condemnation in the manner provided by the condemnation
law. Upon the acquisition of such lands the park commissioners shall
cause the same to be laid out and improved as a public park. Notwith-
standing any inconsistent provision of this act, the town board of the
town of Southold upon application made by the park commissioner may
appropriate and cause to be raised by tax on the taxable real property
of the district, not exceeding one thousand dollars in any year, to be
used and expended for the acquisition of land. The amount or amounts
necessary to pay the cost of land acquired by purchase or by condemna-
tion, may be included and raised by tax on the taxable real property of
the park district if a proposition to that effect is voted by the [resi-
dent taxpayers] RESIDENTS of the district. Such expenditures shall be
made only during the fiscal year for which such taxes are to be levied.
S 4. The park commissioners shall have power within the appropriation
voted by [resident taxpayers] RESIDENTS of the district: (1) to rent
land for park purposes; (2) to dredge channels and creeks within the
said district; (3) to erect bulkheads and docks on park property; (4) to
A. 8368--A 3
lay out playgrounds and furnish same with buildings and equipment for
recreation and amusement; (5) to rent concessions for the sale of
refreshments and to equip places for that purpose; (6) to build roads
and sidewalks on park property; (7) to sell any of the park district
property; real or personal, with the approval of a majority vote of the
[resident taxpayers] RESIDENTS of the district voting upon a proposition
submitted at a special meeting duly called for the purpose; (8) to keep
said parks and recreation facilities subject to their regulation open
and free to residents of the park district at all reasonable hours and
make suitable rules and regulations with respect to the use and enjoy-
ment and the maintenance of order on all the park property; (9) to rent
to organizations, pavilions or other buildings for the purpose of hold-
ing meetings, dances or entertainments to which an admission may be
charged; and (10) to make contracts for any and all purposes within the
appropriations voted by the [resident taxpayers] RESIDENTS of said park
district for the purpose of carrying out the authorization and powers
herein granted. Whenever the park commissioners shall submit a request
in writing for an appropriation of any sum of money for any of the
purposes herein authorized, the secretary of the park district shall
call a meeting of the [resident taxpayers] RESIDENTS of said district
for the purpose of voting upon the question of appropriating such money;
such meeting to be called by notice posted conspicuously in at least
four of the most public places of said park district, and published in a
newspaper published in the town of Southold for two weeks next before
the holding of any such meeting, which notice shall state the time,
place, and purpose of the meeting. At any such meeting the [resident
taxpayer] RESIDENTS OF THE DISTRICT may appropriate the amount requested
by the park commissioners or any less amount for expenditures to be made
during the fiscal year for which such tax is to be levied, and when the
appropriation is made the park commissioners shall file in the office of
the town clerk of the town of Southold a certificate duly signed by them
specifying the amount appropriated and the purpose for which it is made.
Nothing contained in this section shall be construed to prevent the town
from financing the cost of any improvement for such park district pursu-
ant to the local finance law.
S 6. After any park improvement is constructed and completed it shall
be maintained by the board of park commissioners. On or before the
fifteenth day of July annually, the park commissioners shall prepare
detailed estimates in writing of the anticipated revenues and expendi-
tures of such park district, including amounts necessary to pay install-
ments of principal and interest on town obligations, for the purpose of
determining the amount of money required to meet the expenses of main-
taining the park district for the fiscal year commencing on the first
day of January next succeeding. Such estimates shall be filed in the
office of the town clerk of the town of Southold where they shall be
available for inspection by any interested person at all reasonable
hours. On or before the first day of August next succeeding, the secre-
tary of the park district shall call a meeting of [resident taxpayers]
RESIDENTS of the district pursuant to notice in the same manner as
provided for calling an election in the district and the [resident
taxpayers] RESIDENTS by majority vote of those present and voting may
adopt the budget of expenditures of the district as submitted or it may
increase, reduce or reject any item or items therein contained, except
those relating to estimated revenues or indebtedness, or add new items
of expenditure and as so modified shall adopt the same. At such meeting
any interested person may be heard in favor or against the estimates as
A. 8368--A 4
compiled or against any item therein contained. After such annual esti-
mates shall have been adopted, the amount shall be levied and assessed
against the taxable real property of the park district and collected in
the same manner, at the same time, and by the same officers as the taxes
of the town of Southold are levied, assessed and collected, and when
collected, shall first be applied in payment of installments of princi-
pal and of interest on town obligations maturing in the year for which
the taxes are levied, and the remainder shall be paid over immediately
to the treasurer of the said park district; and the town shall be
responsible for any and all sums so collected until the same shall be
paid over to such treasurer. Any expense incurred by the town of Sout-
hold in connection with the performance of its duties under this act or
on account of any park improvement or other matter connected with the
park district shall be a charge against the park district and shall be
included and raised by tax on the taxable real property of the district
and when collected shall be paid to the supervisor of the town. The
provisions of the town law relating to district and special improvements
in towns, not inconsistent with the provisions of this act, shall apply
to the operation and maintenance of the Mattituck park district in the
town of Southold, Suffolk county.
S 3. This act shall take effect immediately.