NY State Senate Bill 2013-S5298A

Senate Bill S5298A

Signed By Governor

2013-2014 Legislative Session

Authorizes the county of Suffolk to discontinue use as parkland, and to sell certain lands to the First Baptist Church of Bay Shore

download bill text pdf

Archive: Last Bill Status - 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 21, 2013	signed chap.407
Oct 09, 2013	delivered to governor
Jun 20, 2013	returned to senate passed assembly home rule request ordered to third reading rules cal.520 substituted for a6138b
Jun 13, 2013	referred to local governments delivered to assembly passed senate home rule request
Jun 10, 2013	advanced to third reading
Jun 05, 2013	2nd report cal.
Jun 04, 2013	1st report cal.1071
May 24, 2013	print number 5298a
May 24, 2013	amend and recommit to local government
May 16, 2013	referred to local government

Votes

- Jun 13, 2013 - Floor Vote
  S5298A
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2013
      
      aye (58)
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Ball
      
      excused (4)
      
      Adams
      
      Ranzenhofer
      
      Ritchie
      
      Sampson
  Jun 4, 2013 - Local Government Committee Vote
  S5298A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 4, 2013
      
      aye (9)
      
      Ball
      
      Boyle
      
      Gipson
      
      Latimer
      
      Marchione
      
      Martins
      
      O'Brien
      
      Ritchie
      
      Valesky

Bill Amendments

Original

A (Active)

2013-S5298 - Details

See Assembly Version of this Bill:: A6138
Law Section:: Suffolk County
Versions Introduced in 2011-2012 Legislative Session:: A7456

2013-S5298 - Summary

Authorizes the county of Suffolk to discontinue use as parkland, and to sell certain lands to the First Baptist Church of Bay Shore.

2013-S5298 - Sponsor Memo

                                BILL NUMBER:S5298

TITLE OF BILL:  An act to authorize the county of Suffolk to
discontinue the use of certain county lands as parkland and to sell
and convey such lands to the First Baptist Church of Bay Shore

PURPOSE:

Authorizes Suffolk County to discontinue use as parkland and sell and
convey a parcel of land to the First Baptist Church of Bay Shore.

SUMMARY OF PROVISIONS:

Section 1 of the bill authorizes Suffolk County, through its
Legislature, to discontinue as parkland, sell and convey a specific
parcel of land to the First Baptist Church of Bay Shore.

Section 2 provides that the authorization granted in § 1 is contingent
on Suffolk County acquiring additional land of equal or greater value
than that being alienated or making capital improvements to existing
facilities.

Section 3 provides the meets and bounds description of the property.

Section 4 requires Suffolk County to comply with any federal
requirements pertaining to the alienation of parkland.

Section 5 states that in the event that the park lands to be dedicated
by the county are not of equal or greater fair market value and
usefulness as park lands than the park lands to be discontinued, the
county shall dedicate the difference of fair market value and/or
usefulness of the lands to be alienated and the lands to be dedicated
for the acquisition of additional park lands and/or capital
improvements to existing park and recreational activities.

Section 6 states the effective date

JUSTIFICATION:

The First Baptist Church of Bay Shore is seeking to acquire a parcel
of land adjacent to their existing property in order to construct a
new community center. The parcel in question was obtained by Suffolk
County through a tax foreclosure proceeding and subsequently
transferred to the Suffolk County Department of Parks, Recreation and
Conservation, at which point it became considered dedicated parkland
even though it was not used as such. This legislation is necessary to
authorize Suffolk County to discontinue use of this parcel as parkland
and enable it to be sold to the First Baptist Church of Bay Shore.

LEGISLATIVE HISTORY:

S.4416B - died in Local Government Committee

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5298 - Bill Text download pdf

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

                                  5298

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize the county of Suffolk  to  discontinue  the  use  of
  certain  county lands as parkland and to sell and convey such lands to
  the First Baptist Church of Bay Shore

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The county of Suffolk, acting by and through its governing
body, is hereby authorized to permanently discontinue as parklands,  and
to  sell  and  convey,  upon such terms and conditions as such governing
body shall deem to be reasonable, to the First  Baptist  Church  of  Bay
Shore the land described in section three of this act.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the county of Suffolk dedicate an
amount equal to or greater than the fair market value  of  the  property
being  alienated by this act for the acquisition of additional parklands
and/or for capital improvements to existing park and recreational facil-
ities.
  S 3. The lands to be permanently discontinued as parklands and  alien-
ated, and conveyed are described as follows:
  ALL  that  certain  plot,  piece  or parcel of land situate, lying and
being at Bay Shore, Town of Islip, County of Suffolk and  State  of  New
York,  known and designated as part of lot numbers 68 and 69 and part of
the northerly 12 feet of Lot 70 on the Map of Fordham  Tract,  filed  in
the  Office  of  the Suffolk County Clerk on October 19, 1912 as Map No.
270, said property being more  particularly  bounded  and  described  as
follows:
  BEGINNING   at   the  southwesterly  corner  of  the  property  herein
described, said point being distant the following three (3) courses  and
distances  from  the  intersection  of  the northerly side of the former

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08729-04-3

S. 5298                             2

Harrison Avenue (Tax Lot 143) with  the  northeasterly  side  of  Second
Avenue:
  1. North 76 degrees 02 minutes 00 seconds East 183.83 feet;
  2. South 59 degrees 28 minutes 00 seconds East, 199.80 feet;
  3. North 53 degrees 20 minutes 00 seconds East, 102.29 feet;
  RUNNING THENCE North 37 degrees 39 minutes 08 seconds West, 61.97 feet
to  the  division  line  between  Lot 67 and Lot 68 shown on said Map of
Fordham Tract;
  THENCE along Penataquit Brook, South 89 degrees 07 minutes 03  seconds
East 101.66 feet, along a tie line;
  THENCE  South 53 degrees 20 minutes 00 seconds West, 79.53 feet to the
POINT OR PLACE OF BEGINNING.
  Containing 2,464 square feet, more or less.
  ALL that certain plot, piece or parcel of  land,  situate,  lying  and
being  at Bay Shore in the Town of Islip, County of Suffolk and State of
New York bounded and described as follows:
  BEGINNING at a point on the southerly line of Lot 71 on said of Map of
Fordham Tract, distant the following three  (3)  courses  and  distances
from  the  intersection  of  the  northerly  side of the former Harrison
Avenue (Tax Lot 143), with the northeasterly side of Second Avenue:
  1. North 76 degrees 02 minutes 00 seconds East 183.83 feet;
  2. South 59 degrees 28 minutes 00 seconds East, 284.21 feet;
  3. North 56 degrees 55 minutes 00 seconds East 84.54 feet, along  said
southerly line of Lot 71;
  RUNNING THENCE North 56 degrees 55 minutes 00 seconds East 52.68 feet,
along said southerly line of Lot 71;
  THENCE South 31 degrees 17 minutes 00 seconds East, 13.21 feet;
  THENCE North 84 degrees 50 minutes 00 seconds 4.67 feet;
  THENCE South 18 degrees 53 minutes 00 seconds West, 65.91 feet;
  THENCE  North 37 degrees 39 minutes 08 seconds West, 56.18 feet to the
POINT OR PLACE OF BEGINNING.
  Containing 1,922 square feet, more or less.
  ALL that certain plot, piece or parcel  of  land  situate,  lying  and
being  at  Bay  Shore, Town of Islip, County of Suffolk and State of New
York, known and designated as part of Lot 71 and part of Lot 70  on  the
Map of Fordham Tract, filed in the Office of the Suffolk County Clerk on
October  19, 1912 as Map No.l 270, said property being more particularly
bounded and described as follows:
  BEGINNING at a point on the  northeasterly  side  of  former  Harrison
Avenue  (Tax  Lot  143),  distant  the  following  two  (2)  courses and
distances from the intersection of the northerly side of the said former
Harrison Avenue (Tax Lot 143), with the  northeasterly  side  of  Second
Avenue:
  1. North 76 degrees 02 minutes 00 seconds East 183.83 feet;
  2. South 59 degrees 28 minutes 00 seconds East, 199.80 feet;
  RUNNING  THENCE  North  53  degrees 20 minutes 00 seconds East, 102.29
feet;
  THENCE South 37 degrees 39 minutes 08 seconds East, 49.91 feet to  the
southerly line of Lot 71 on the Map of Fordham Tract;
  THENCE  South  56 degrees 55 minutes 00 seconds West 84.54 feet, along
said line, to the northerly line of said former Harrison Avenue (Tax Lot
143);
  THENCE along the northerly line of said former  Harrison  Avenue  (Tax
Lot  143) North 59 degrees 28 minutes 00 seconds West, 48.41 feet to the
POINT OR PLACE OF BEGINNING.
  Containing 4,386 square feet, more or less.

S. 5298                             3

  S 4. The discontinuance and conveyance of parkland authorized  by  the
provisions  of  this act shall not occur until the county of Suffolk has
complied with any federal requirements pertaining to the  alienation  or
conversion of parklands, including satisfying the Secretary of the Inte-
rior  that  the 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 5. In the event that the park lands to be dedicated by the county of
Suffolk  pursuant  to  this  act are not of equal or greater fair market
value and usefulness as park lands than the park lands to be  discontin-
ued,  the county of Suffolk shall dedicate the difference of fair market
value and/or usefulness of the lands to be alienated and the lands to be
dedicated for the acquisition of additional park  lands  and/or  capital
improvements to existing park and recreational facilities.
  S 6. This act shall take effect immediately.

2013-S5298A (ACTIVE) - Details

See Assembly Version of this Bill:: A6138
Law Section:: Suffolk County
Versions Introduced in 2011-2012 Legislative Session:: A7456

2013-S5298A (ACTIVE) - Summary

Authorizes the county of Suffolk to discontinue use as parkland, and to sell certain lands to the First Baptist Church of Bay Shore.

2013-S5298A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5298A

TITLE OF BILL:  An act to authorize the county of Suffolk to
discontinue the use of certain county lands as parkland and to sell
and convey such lands to the First Baptist Church of Bay Shore

PURPOSE: Authorizes the county of Suffolk to discontinue use as
parkland, and to sell certain lands to the First Baptist Church of Bay
Shore.

SUMMARY OF PROVISIONS:

Section 1 of the bill authorizes Suffolk County, through its
Legislature, to discontinue as parkland, sell and convey a specific
parcel of land to the First Baptist Church of Bay Shore.

Section 2 provides that the authorization granted in § 1 is contingent
on Suffolk County acquiring additional land of equal or greater value
than that being alienated or making capital improvements to existing
facilities.

Section 3 provides the meets and bounds description of the property.

Section 4 describes the replacement lands to be acquired and dedicated
by the county of Suffolk to use as parkland for public park purposes.

Section 5 states that the discontinuance and conveyance of parcels
described shall not occur until the county of Suffolk has complied
with any federal requirements pertaining to the alienation or
conversion or parklands.

Section 6 states that in the event that the park lands to be dedicated
by the county are not of equal or greater fair market value and
usefulness as park lands than the park lands to be discontinued, the
county shall dedicate the difference of fair market value and/or
usefulness of the lands to be alienated and the lands to be dedicated
for the acquisition of additional park lands and/or capital
improvements to existing park and recreational activities.

Section 7 states the effective date.

JUSTIFICATION: The First Baptist Church of Bay Shore is seeking to
acquire a Parcel of land adjacent to their existing property in order
to construct a new community center. The parcel in question was
obtained by Suffolk County through a tax foreclosure proceeding and
subsequently transferred to the Suffolk County Department of Parks,
Recreation and Conservation, at which point it became considered
dedicated parkland even though it was not used as such. This
legislation is necessary to authorize Suffolk County to discontinue
use of this parcel as parkland and enable it to be sold to the First
Baptist Church of Bay Shore.

LEGISLATIVE HISTORY:  S.4416B - died in Local Government Committee

EFFECTIVE DATE: This act shall take effect immediately.

2013-S5298A (ACTIVE) - Bill Text download pdf

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

                                 5298--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- 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

AN ACT to authorize the county of Suffolk  to  discontinue  the  use  of
  certain  county lands as parkland and to sell and convey such lands to
  the First Baptist Church of Bay Shore

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The county of Suffolk, acting by and through its governing
body, is hereby authorized to permanently discontinue as parklands,  and
to  sell  and  convey,  upon such terms and conditions as such governing
body shall deem to be reasonable, to the First  Baptist  Church  of  Bay
Shore the land described in section three of this act.
  S  2.  The  authorization provided in section one of this act shall be
effective only upon the condition that the county of Suffolk dedicate an
amount equal to or greater than the fair market value  of  the  property
being  alienated by this act for the acquisition of additional parklands
and/or for capital improvements to existing park and recreational facil-
ities.
  S 3. The lands to be permanently discontinued as parklands and  alien-
ated, and conveyed are described as follows:
  ALL  that  certain  plot,  piece  or parcel of land situate, lying and
being at Bay Shore, Town of Islip, County of Suffolk and  State  of  New
York,  known  and designated as part of Lot 71 and part of Lot 70 on the
Map of Fordham Tract, filed in the Office of the Suffolk County Clerk on
October 19, 1912 as Map No.l 270, said property being more  particularly
bounded and described as follows:
  BEGINNING  at  a  point  on  the northeasterly side of former Harrison
Avenue (Tax  Lot  143),  distant  the  following  two  (2)  courses  and
distances from the intersection of the northerly side of the said former

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08729-05-3

S. 5298--A                          2

Harrison  Avenue  (Tax  Lot  143), with the northeasterly side of Second
Avenue:
  1. North 76 degrees 02 minutes 00 seconds East 183.83 feet;
  2. South 59 degrees 28 minutes 00 seconds East, 199.80 feet;
  RUNNING  THENCE  North  53  degrees 20 minutes 00 seconds East, 102.29
feet;
  THENCE South 37 degrees 39 minutes 08 seconds East, 49.91 feet to  the
southerly line of Lot 71 on the Map of Fordham Tract;
  THENCE  South  56 degrees 55 minutes 00 seconds West 84.54 feet, along
said line, to the northerly line of said former Harrison Avenue (Tax Lot
143);
  THENCE along the northerly line of said former  Harrison  Avenue  (Tax
Lot  143) North 59 degrees 28 minutes 00 seconds West, 48.41 feet to the
POINT OR PLACE OF BEGINNING.
  Containing 4,386 square feet, more or less.
  S 4. The replacement lands to be acquired and dedicated by the  county
of  Suffolk to use as parkland for public park purposes are described as
follows:
  ALL that certain plot, piece or parcel  of  land  situate,  lying  and
being  at  Bay  Shore, Town of Islip, County of Suffolk and State of New
York, known and designated as part of lot numbers 68 and 69 and part  of
the  northerly  12  feet of Lot 70 on the Map of Fordham Tract, filed in
the Office of the Suffolk County Clerk on October 19, 1912  as  Map  No.
270,  said  property  being  more  particularly bounded and described as
follows:
  BEGINNING  at  the  southwesterly  corner  of  the   property   herein
described,  said point being distant the following three (3) courses and
distances from the intersection of the  northerly  side  of  the  former
Harrison  Avenue  (Tax  Lot  143)  with the northeasterly side of Second
Avenue:
  1. North 76 degrees 02 minutes 00 seconds East 183.83 feet;
  2. South 59 degrees 28 minutes 00 seconds East, 199.80 feet;
  3. North 53 degrees 20 minutes 00 seconds East, 102.29 feet;
  RUNNING THENCE North 37 degrees 39 minutes 08 seconds West, 61.97 feet
to the division line between Lot 67 and Lot 68  shown  on  said  Map  of
Fordham Tract;
  THENCE  along Penataquit Brook, South 89 degrees 07 minutes 03 seconds
East 101.66 feet, along a tie line;
  THENCE South 53 degrees 20 minutes 00 seconds West, 79.53 feet to  the
POINT OR PLACE OF BEGINNING.
  Containing 2,464 square feet, more or less.
  ALL  that  certain  plot,  piece or parcel of land, situate, lying and
being at Bay Shore in the Town of Islip, County of Suffolk and State  of
New York bounded and described as follows:
  BEGINNING at a point on the southerly line of Lot 71 on said of Map of
Fordham  Tract,  distant  the  following three (3) courses and distances
from the intersection of the  northerly  side  of  the  former  Harrison
Avenue (Tax Lot 143), with the northeasterly side of Second Avenue:
  1. North 76 degrees 02 minutes 00 seconds East 183.83 feet;
  2. South 59 degrees 28 minutes 00 seconds East, 284.21 feet;
  3.  North 56 degrees 55 minutes 00 seconds East 84.54 feet, along said
southerly line of Lot 71;
  RUNNING THENCE North 56 degrees 55 minutes 00 seconds East 52.68 feet,
along said southerly line of Lot 71;
  THENCE South 31 degrees 17 minutes 00 seconds East, 13.21 feet;
  THENCE North 84 degrees 50 minutes 00 seconds 4.67 feet;

S. 5298--A                          3

  THENCE South 18 degrees 53 minutes 00 seconds West, 65.91 feet;
  THENCE  North 37 degrees 39 minutes 08 seconds West, 56.18 feet to the
POINT OR PLACE OF BEGINNING.
  Containing 1,922 square feet, more or less.
  S 5. The discontinuance and conveyance of parkland authorized  by  the
provisions  of  this act shall not occur until the county of Suffolk has
complied with any federal requirements pertaining to the  alienation  or
conversion of parklands, including satisfying the Secretary of the Inte-
rior  that  the 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 6. In the event that the park lands to be dedicated by the county of
Suffolk  pursuant  to  this  act are not of equal or greater fair market
value and usefulness as park lands than the park lands to be  discontin-
ued,  the county of Suffolk shall dedicate the difference of fair market
value and/or usefulness of the lands to be alienated and the lands to be
dedicated for the acquisition of additional park  lands  and/or  capital
improvements to existing park and recreational facilities.
  S 7. This act shall take effect immediately.

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