NY State Senate Bill 2009-S5816

Senate Bill S5816

Signed By Governor

2009-2010 Legislative Session

An act to authorize the village of New Berlin to discontinue the use of certain parklands

download bill text pdf

Archive: Last Bill Status Via A8774 - 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

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
Sep 16, 2009	signed chap.472
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate home rule request 3rd reading cal.831 substituted for s5816
Jul 16, 2009	substituted by a8774
Jul 15, 2009	ordered to third reading cal.831
Jun 08, 2009	referred to rules

Votes

- Jul 16, 2009 - Floor Vote
  A8774
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 15, 2009 - Rules Committee Vote
  S5816
  
  22
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Parker
      
      excused (1)
      
      Johnson

2009-S5816 (ACTIVE) - Details

See Assembly Version of this Bill:: A8774
Law Section:: Chenango County

2009-S5816 (ACTIVE) - Summary

An act to authorize the village of New Berlin to discontinue the use of certain parklands.

2009-S5816 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5816

 TITLE OF BILL :
An act to authorize the village of New Berlin, in the county of
Chenango, to discontinue the use of certain lands as parklands


 PURPOSE OR GENERAL IDEA OF BILL :
To authorize the village of New Berlin to discontinue the use of
certain parklands.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Subject to the provisions of this act, the village of New
Berlin, in the county of Chenango, acting by and through its board of
trustees, is hereby authorized to discontinue as parklands and
alienate, sell and convey for fair market value, fee simple title to
the lands described in section three of this act.

Section 2. The authorization contained in section one of this act
shall take effect only upon the condition that the village of New
Berlin dedicate all proceeds from the sale of the premises described
in section three of this act for making capital improvements to park
facilities in the village and, in addition, the village of New Berlin
shall dedicate the lands described in section four of this act as
additional parklands of the village.

Section 3. The lands authorized by section one of this act to be
discontinued as parklands are as follows on the bill (see bill).

Section 4. The replacement lands to be dedicated by the village of New
Berlin, Chenango county to use as parkland for public park purposes
are located in the town of New Berlin, Chenango county comprise a
total 16.496 acres or more or less and particularly described as
follows (see bill, Section 4 Parcel I, II, III).

Section 5. The discontinuance and conveyance of parkland authorized by
the provisions of this act shall not occur until the village of New
Berlin has complied with federal requirements pertaining to the
alienation or conversation 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 and recreational usefulness to the lands
being alienated or converted.

 JUSTIFICATION :
The Village of New Berlin resolved to consolidate its recreation
facilities/athletic fields with a multi-purpose park adjacent to the
Town's Merritt (Doc) Meyers Memorial Park on County Route 29.  The
current playing located above the old New Berlin Central School
building will be sold to the private educational facility of Milford
Academy. The Village of New Berlin has determined that the Academy is
best suited to handle this property and to create a capital fund to
develop a larger, more all purpose village park that would better
benefit the residents of the village and larger community and this
will consolidate the Village/Town recreation facilities in a
convenient location with plenty of parking and facilities available
for all ages.

The Village of New Berlin and the Town of New Berlin have agreed to
provide the playing fields for the Village of New Berlin's youth
programs. This agreement insures continuity of the use of the field to
be replaced. This legislation will discontinue the use of Fish Field
and the proceeds will create a capital fund to start community
planning of a better facility.

 PRIOR LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5816 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5816

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 8, 2009
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to authorize the village of New Berlin, in the county of  Chenan-
  go, to discontinue the use of certain lands as 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 village  of  New
Berlin,  in  the  county of Chenango, acting by and through its board of
trustees, is hereby authorized to discontinue as parklands and alienate,
sell and convey for fair market value, fee simple  title  to  the  lands
described in section three of this act.
  S 2. The authorization contained in section one of this act shall take
effect  only  upon the condition that the village of New Berlin dedicate
all proceeds from the sale of the premises described in section three of
this act for making capital  improvements  to  park  facilities  in  the
village  and,  in addition, the village of New Berlin shall dedicate the
lands described in section four of this act as additional  parklands  of
the village.
  S  3. The lands authorized by section one of this act to be discontin-
ued as parklands are as follows:
  All that tract or parcel of land situate in the Village of New Berlin,
Chenango County, New York state  and  being  bounded  and  described  as
follows:
  Commencing  at a point at the southwest corner of lands of the Village
of New Berlin, Inst. 2004/434 and being at an angle point in  the  lands
of Andrew and Joseph Orzeck, Inst. 2003/2379.
  Thence  along  the  easterly  line  of said Orzeck lands and, in part,
along lands of Stanley Sapinski, Liber 770, Page 555, N 27° 35'  39"  E,
404.70 feet to a point and N 18° 00' 45" E, 92.74 feet to the True Point
of Beginning.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14121-02-9

S. 5816                             2

  Thence  from  said  True  Point  of Beginning and continuing along the
easterly line of the lands of Sapinski, the following five (5) courses:
  N 18° 00' 45" E, 57.22 feet to a point,
  N 22° 46' 31" E, 68.09 feet to a point,
  N 21° 45' 22" E, 164.94 feet to a point,
  N 24° 16' 41" E, 224.89 feet to a point,
  N 17° 57' 54" E, 101.13 feet to a point.
  Thence  through the lands of the Village of New Berlin and along a new
division line the following ten (10) courses:
  S 80° 23' 34" E, 577.53 feet to a point,
  S 07° 35' 52" W, 336.90 feet to a point,
  S 10° 32' 26" W, 62.15 feet to a point,
  S 30° 00' 48" W, 57.06 feet to a point,
  S 47° 18' 20" W, 63.48 feet to a point,
  S 74° 01' 06" W, 60.10 feet to a point,
  N 87° 32' 11" W, 98.20 feet to a point,
  N 79° 48' 32" W, 107.39 feet to a point,
  S 10° 11' 28" W, 78.54 feet to a point,
  N 77° 59' 15" W, 402.41 feet to the Point of Beginning.
  Containing 8.467 acres of land.
  S 4. The replacement lands to be  dedicated  by  the  village  of  New
Berlin,  Chenango county to use as parkland for public park purposes are
located in the town of New Berlin,  Chenango  county  comprise  a  total
16.496 acres more or less and particularly described as follows:
                                 PARCEL I

  All  that  tract  or parcel of land situate in the Town of New Berlin,
County of Chenango and State of New York, and bounded and  described  as
follows:  Beginning  at  a point in the east line of said Medbury's Farm
being the west line of Allen Handy's Farm designated on a map or  survey
made  by  W.S.  Franklin,  Engineer, for the Water Commissioners of said
Village in 1885, thence W 78° 15' W. 213.5 feet; thence W 76° 15' W. 180
feet to a corner; thence W. 5° 15' E. 105 feet across the  stream  to  a
corner;  thence  N.  85°  42' E. 250 feet; thence N. 85° 12' E. 65 feet;
thence N. 49° 42' E. 174 feet to a corner in said Handy line. Thence  S.
along said Handy line to the place of beginning, containing one + 75/100
acres  of land, more or less. Being the same plot designated on said map
or survey filed or to be filed in the Clerk's Office of Chenango  County
by  said  Water Commissioners as part of the Reservoir lands for the use
of said Village Water Works.

                                PARCEL II

  All that tract or parcel of land situate in the Town  of  New  Berlin,
County  of  Chenango  and State of New York, being part of the farms now
owned and occupied by said Handy and bounded as follows, to wit:  Begin-
ning at a stake in the boundary line of  lands  of  said  Handy  and  of
Harvey  Hall,  at  a  stake designated upon a map made by W.S. Franklin,
Engineer, for the Water Commissioners of said Village in 1885 and  filed
or  to  be filed by said Commissioners in the Clerk's Office of Chenango
County; thence N 86°22' W. along said line (Handy's  North  Line)  569.1
feet  to  the N.W. corner of Handy's farm; thence along the west line of
said Handy's farm across the stream or brook, and to  a  stake  in  said
line  marked  B.L.  and designated on said map; thence S 78° 15' E. 26.5
(26.5) feet; thence S 75° 45' E. 216 feet to a stake; thence N. 82°  11'
East  388  feet  to  a stake marked B.L.; thence N 4° E. 353 feet to the

S. 5816                             3

place of beginning, containing five + 42/100 acres of land more or less,
and is the same plot indicated on said  map  and  survey  made  by  said
Franklin for said Water Commissioners, and which the reservoir for water
for said Village is to be erected.
  Also  the  right  to detain and divert the waters of the creek running
through said premises by a dam and reservoir to be built thereon by said
Village, and always maintained and to conduct or convey  said  water  by
pipes  or conduits through the lands of said Handy lying easterly of the
premises hereby conveyed to the east line of said Handy's farm,  accord-
ing to the line designated upon said map or survey.

                               PARCEL III

  All  that  tract or parcel of land, situate in the Town of New Berlin,
County of Chenango and State of  New  York,  bounded  and  described  as
follows:    Being a part of Lot No. 72 beginning at the southeast corner
of the original water works property; thence south 33 degrees east pass-
ing through a basswood tree, 975 feet to an iron  pin  on  the  westerly
side  of  the highway; thence northeasterly along the highway to an iron
pin on the westerly side of the highway and on the west  line  of  lands
formerly  owned by Malinda Hyde; thence north 5 degrees, 30 minutes east
along the west line of the land of the said Malinda Hyde 872 feet to  an
iron pin on the south line of lands of Chairty Matteson; thence north 83
degrees  30  minutes  west along the south line of the lands of the said
Chairty Matteson 192.5 feet to an iron pin on the  northeast  corner  of
lands formerly conveyed by Thomas A. Low and Abbie M. Low to The Village
of  New  Berlin;  thence south 5 degrees west along the east line of the
lands so conveyed 522 feet to an iron pin on the southeast corner of the
said lands; thence north 70 degrees 30 minutes west along the south line
of the said lands 679 feet to the place of beginning, containing  9  and
326/1000 acres of land be the same more or less.
  S  5.  The discontinuance and conveyance of parkland authorized by the
provisions of this act shall not occur until the village of  New  Berlin
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 and
recreational usefulness to the lands being alienated or converted.
  S 6. 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.