S T A T E O F N E W Y O R K
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5481--A
Cal. No. 996
2011-2012 Regular Sessions
I N S E N A T E
May 25, 2011
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
reported favorably from said committee, ordered to first and second
report, amended on second report, ordered to a third reading, and to
be reprinted as amended, retaining its place in the order of third
reading
AN ACT in relation to creating the Norwood public library in the towns
of Potsdam and Stockholm, county of St. Lawrence; and to amend chapter
672 of the laws of 1993, amending the public authorities law relating
to the construction and financing of facilities for certain public
libraries, in relation to including the Norwood public library within
the provisions of such chapter
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Creation of public library district. Notwithstanding the
provisions of any general, special or local law to the contrary, there
is hereby created and established in the county of St. Lawrence, a
public library district which shall include the areas of the towns of
Potsdam and Stockholm that lie within the Norwood-Norfolk School
District. The public library district shall be known as the Norwood
public library.
S 2. Election. 1. The public library district described in this act
shall not come into existence unless and until it is approved and the
initial proposed budget is approved by a vote of the majority of the
qualified voters voting in an election held pursuant to the following
provisions:
Upon receipt of a petition signed by not less than fifty voters quali-
fied to vote at a general town election, the board of trustees of the
existing Norwood Library shall give notice and hold a public hearing
regarding this proposal to create a public library district, not less
than thirty days prior to an election to be held on or before November
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11837-03-1
S. 5481--A 2
5, 2013. If a majority of the voters approve the formation of the
district, then the district shall come into existence on the terms and
conditions set forth in this act. At such election the issue shall be:
(a) whether the public library district therein described with the
initial budget therefor proposed by the board of trustees of the Norwood
Library shall be created or not; and
(b) the election of nine trustees as provided by this act.
The trustees of the existing Norwood Library shall give notice of such
election by the publication of a notice in one or more newspapers having
a general circulation in the district to be served. The first publica-
tion of such notice shall be not less than thirty days prior to the date
of such election. In addition, the board of trustees of the existing
Norwood Library shall cause copies of such notice to be posted conspicu-
ously in three public places in the district at least thirty days prior
to the date of such election. Such notice shall specify the time when
and the place where such election will be held, the issues to be decided
at such election and the hours during which polls will be open for the
receipt of ballots thereof at all elections from 7:00 a.m. until 8:00
p.m. The board of trustees of the existing Norwood Library shall desig-
nate a resident qualified voter of such district to act as chairperson
of any election of such district and shall designate not less than two
nor more than four resident qualified voters to act as election inspec-
tors and ballot clerks at such elections. No trustee shall serve as
chairperson or as an election inspector or ballot clerk. The board of
trustees may adopt a resolution providing that such chairperson,
election inspectors and ballot clerks shall be paid for their respective
services at the initial election. Such resolution, if adopted, may fix
reasonable compensation for the services of such officials. Every voter
of the district, otherwise qualified to vote at a town election shall be
qualified to vote at such election. After the polls have closed at such
election, the election inspectors and the ballot clerks shall immediate-
ly canvass publicly the ballots cast and the chairperson of the election
shall publicly announce the result. Within seventy-two hours thereafter,
the chairperson, election inspectors and ballot clerks shall execute and
file a certificate of the result of the canvass with the board of trus-
tees and the town clerks of Potsdam and Stockholm.
2. In the event that the district is created, there shall be an annual
election conducted by the board of trustees of the Norwood public
library in accordance with the provisions of subdivision one of this
section, at a time to be set by the board, at which election vacancies
on the board of trustees shall be filled and at which any proposed budg-
et which the board shall determine to submit to the voters pursuant to
section four of this act shall be submitted to the voters.
3. Candidates for the office of member of the board of trustees of the
Norwood public library shall be nominated by petition. No vacancy on the
board of trustees to be filled shall be considered a separate specific
office. A separate petition shall be required to nominate each candidate
for a vacancy on the board. Each petition shall be directed to the
secretary of the board of trustees, shall be signed by at least 50 qual-
ified voters of the district, shall state the residence of each signer,
and shall state the name and residence of the candidate. In the event
that any such nominees shall withdraw candidacy prior to the election,
such person shall not be considered a candidate unless a new petition
nominating such person in the same manner and within the same time limi-
tation applicable to other candidates is filed with the secretary of the
board of trustees. Each petition shall be filed with the secretary of
S. 5481--A 3
the board of trustees between the hours of 9:00 a.m. and 5:00 p.m., not
later than the thirtieth day preceding the election at which time the
candidates nominated are to be elected. In the event the Norwood public
library is created, petitions nominating candidates for the board of
trustees after the initial election shall be filed with the secretary of
the Norwood public library.
4. At any election in such district, the voters may adopt a proposi-
tion providing that, in all subsequent elections, vacancies on the board
of trustees shall be considered separate specific offices and that the
nominating petitions shall describe the specific vacancy upon the board
of trustees for which the candidate is nominated, which description
shall include at least the length of the term of the office and the name
of the last incumbent, if any. No person shall be nominated for more
than one specific office. Such procedure shall be followed with respect
to all nominations and elections in subsequent years until and unless
such proposition is repealed by the electors of the district at a regu-
lar election by adoption of a proposition to repeal the same.
S 3. Organization and structure. The Norwood public library shall be
managed, operated and controlled by a board of trustees consisting of
nine members, but in no event shall the board of trustees consist of
fewer than five members or more than fifteen. The trustees shall at the
first regular meeting of the board determine by lot the year in which
each of their terms of office expire, and the terms shall expire as
follows: after one year three trustees; after two years three trustees;
after three years three trustees.
As vacancies occur trustees shall be elected at the annual election
provided for by this act to serve three year terms by the voters of the
public library district hereby created, such terms to commence on the
first day of the month next following the election. Only qualified
voters of the district shall be eligible for election to the board of
trustees. The board of trustees at its first meeting each year shall
elect or appoint a president and vice-president who shall be members of
the board and a secretary, treasurer and such other officers as they
deem necessary. If the board so determines, the offices of secretary and
treasurer may be held by individuals who are not members of the board of
trustees and, in that event, such officer may, if the board so deter-
mines, receive compensation as fixed by resolution of the board.
S 4. Finances. 1. The initial budget for the Norwood public library
shall be determined by a vote of the voters of the district in the
initial election as hereinafter provided for. All future budgets that
increase the Norwood public library proposed total operating expendi-
tures over the total operating expenditures in the last preceding fiscal
year's budget shall be submitted to the residents voting at the annual
election of trustees pursuant to section two of this act. Funds voted
for library purposes at the initial election and at all future budget
elections shall be considered an annual appropriation therefor and shall
be levied and collected yearly in the same manner and at the same time
as other taxes in the towns of Potsdam and Stockholm.
2. The board of trustees shall annually file with the clerk of the
towns of Potsdam and Stockholm on or before the first day of August an
estimate of the proposed budget, including costs of library services, to
be raised by levy for the library district in the fiscal year beginning
on the first day of January of the following year. The town shall not
make any change in the estimate of revenues or expenditures submitted by
the board of the library district in preparation of its preliminary
budget.
S. 5481--A 4
3. The town boards of the towns of Potsdam and Stockholm shall levy a
tax against the real property lying within the Norwood-Norfolk School
District for the amount to be raised by tax as contained in the annual
budget of the Norwood public library. The town board may issue tax
anticipation notes, anticipation revenue notes and budget notes pursuant
to article 2 of the local finance law to obtain the necessary moneys
therefor.
4. The town boards of the towns of Potsdam and Stockholm shall have
the power to authorize, sell and issue bonds, notes and other evidences
of indebtedness pursuant to the local finance law in order to permit the
Norwood public library to provide facilities or improved facilities for
library purposes. Upon written request from the board of trustees of the
Norwood public library, after approval by the qualified voters of such
district, the town board shall authorize, sell and issue such bonds,
notes or other evidences of indebtedness as are necessary to accomplish
the improvements specified in the notice. The proceeds of such bonds,
notes or other evidences of indebtedness shall be paid to the treasurer
of the Norwood public library and maintained in a segregated account in
accordance with section 165.00 of the local finance law and expended by
the treasurer only on specific authorization by the board of trustees.
5. The board of trustees of the Norwood public library may accept on
behalf of the district any absolute gift, devise or bequest of real or
personal property and such conditional gifts, devises or bequests as it
shall by resolution approve.
6. The treasurer of the Norwood public library shall be custodian of
all funds of the library district, including gifts and trust funds paid
over to the trustees. The board of trustees may authorize the investment
of funds in the custody of the treasurer in the same manner in which
school district funds may be invested. Proceeds of obligations received
from the town may be invested in accordance with section 165.00 of the
local finance law. The towns of Potsdam and Stockholm shall promptly pay
over to the Norwood public library all moneys which belong to or are
raised for the library district. No moneys shall be disbursed by the
treasurer of the library district except after audit by the board of
trustees. The board of trustees of the Norwood library district shall
audit all claims and shall order the payment thereof, except as other-
wise provided by this section. No such claims shall be audited or
ordered paid by the trustees unless an itemized voucher therefor shall
be presented to the board of trustees for audit and allowance. The
provisions of this section shall not be applicable to payment of claims
of fixed salaries and amounts which the library districts may be
required to pay on account of retirement contributions for past or
current services to officers and employees of the library district. The
treasurer shall keep such records in such manner as the board of trus-
tees may require.
S 5. Charter, commencement of operations, and transfer of property and
employees. The initial elected trustees shall, within thirty days from
the date of approval of the library district by the voters of the
district, apply to the board of regents for a charter as a public
library. Upon the granting of such a charter by the board of regents,
the existing Norwood Library shall be deemed dissolved, and title to all
liabilities and assets, including all property, real and personal, and
all other tangible and intangible property, trust and other funds, and
all other obligations, now held by the Norwood Library shall be trans-
ferred to, vested in, and acquired by the Norwood public library estab-
lished by this act. Upon the granting of such charter by the board of
S. 5481--A 5
regents, all employees of the Norwood Library shall become employees of
the Norwood public library upon the same terms and conditions of employ-
ment and at the same rate of pay as their previous employment by Norwood
Library.
S 6. Ad valorem levy. The several lots and parcels of land within the
area of such public library district are hereby determined to be bene-
fited by the library facilities and devices existing as of the effective
date of this act and the towns of Potsdam and Stockholm are hereby
authorized to assess, levy and collect the necessary expenses of opera-
tion, maintenance and repair of such facilities and services and such
capital improvements, including debt service on bonds, notes or other
evidences of indebtedness of the town issued for the purpose of the
Norwood public library as may be hereafter authorized pursuant to the
provisions of this act from such lots and parcels of land within the
library district in the same manner and at the same time as other town
charges.
S 7. Education law. Except as otherwise provided by this act, the
provisions of the education law relating to public libraries shall be
applicable to the Norwood public library established by this act.
S 8. Section 5 of chapter 672 of the laws of 1993, amending the public
authorities law relating to the construction and financing of facilities
for certain public libraries, as separately amended by chapter 417 and
501 of the laws of 2010, is amended as follows:
S 5. The following libraries shall be eligible public libraries for
purposes of title 4 of article 8 of the public authorities law:
Comsewogue Public Library
Rogers Memorial Library Company
Hendrick Hudson Free Library
Riverhead Free Library
Northern Onondaga Public Library District
Suffern Free Library
Haverstraw King's Daughters Public Library
Crandall Public Library
Sayville Library
Monroe Free Library
Harborfields Public Library
Howland Public Library
Patchogue-Medford Library
New City Library
Babylon Public Library
Lindenhurst Memorial Library
Great Neck Library
Caledonia Public Library
Bayport-Blue Point Public Library
The Bryant Library
Swan Library
Bay Shore-Brightwaters Public Library
The Albany Public Library
Elwood Public Library
Peninsula Public Library
Smithtown Special Library District
Goshen Public Library and Historical Society
The Hauppauge Public Library
The Nyack Library
North Merrick Public Library
Southold Free Library
S. 5481--A 6
The Hampton Library in Bridgehampton, Inc.
John Jermain Memorial Library
Westhampton Free Library
The Plainview-Old Bethpage Public Library
Commack Public Library
Troy Public Library
Brunswick Community Library District
D.R. Evarts Library District
NORWOOD PUBLIC LIBRARY
S 9. This act shall take effect immediately.
