S T A T E   O F   N E W   Y O R K
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                                  5899

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 18, 2009
                               ___________

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

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
require.    Additional security shall be given from time to time for the
safe-keeping and lawful application of the proceeds  of  town  bonds  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11514-03-9
              

S. 5899                             2

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
lay out playgrounds and furnish same with buildings  and  equipment  for
recreation  and  amusement;  (5)  to  rent  concessions  for the sale of

S. 5899                             3

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
compiled or against any item therein contained. After such annual  esti-
mates  shall  have been adopted, the amount shall be levied and assessed

S. 5899                             4

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.