NY State Senate Bill 2017-S6387A

Senate Bill S6387A

2017-2018 Legislative Session

Authorizes the town of Livonia, in the county of Livingston, to convey the Jack Evans Community Center to the Little Lakes Community Association, Inc. for reasonable consideration

download bill text pdf

Archive: Last Bill Status - Stricken

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
Jan 16, 2018	recommit, enacting clause stricken
Jan 03, 2018	referred to local government
Jun 21, 2017	recommitted to rules
Jun 14, 2017	ordered to third reading cal.1734
Jun 06, 2017	reported and committed to rules
May 31, 2017	print number 6387a
May 31, 2017	amend and recommit to local government
May 11, 2017	referred to local government

Votes

- Jun 14, 2017 - Rules Committee Vote
  S6387A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2017
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      absent (1)
      
      Marcellino
  Jun 6, 2017 - Local Government Committee Vote
  S6387A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jun 6, 2017
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie

Bill Amendments

Original

A (Active)

2017-S6387 - Details

See Assembly Version of this Bill:: A7887
Law Section:: Real Property

2017-S6387 - Summary

Authorizes the town of Livonia, in the county of Livingston, to convey the Jack Evans Community Center to the Little Lakes Community Association, Inc. for reasonable consideration.

2017-S6387 - Sponsor Memo

                                 BILL NUMBER:  S6387

 TITLE OF BILL :  An act to authorize the town of Livonia, in the
county of Livingston, to sell and convey the Jack Evans Community
Center to the Little Lakes Community Association, Inc. for reasonable
consideration

 PURPOSE OR GENERAL IDEA OF BILL :

Authorizes the town of Livonia, in the county of Livingston, to convey
the Jack Evans Community Center to the Little Lakes Community
Association, Inc. for reasonable consideration.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Establishes legislative findings.

Section 2. Provides definitions.

Section 3. Provides that the local legislative body may by a
resolution adopted by a two-thirds vote of its members, approve the
sale of and convey title to the facility to the Little Lakes
Community, Association, Inc., in exchange for what they shall
determine to be reasonable consideration, and upon such terms as they
may find to be reasonable and in the best interests of the community.
This section also provides that such sale for reasonable consideration

shall not be deemed an impermissible gift of local assets and/or
property as is prohibited by section one of article VIII of the state
constitution, and that such sale for such reasonable consideration,
shall be further deemed to be a sale for the fair market value of the
facility.

Section 4. Provides that the legislation shall take effect
immediately.

 JUSTIFICATION :

The Town of Livonia in Livingston County has been working to
facilitate transfer of the Jack Evans Community Center to Little Lakes
Community Association, Inc. ("Little Lakes"), a 501 C (3), not for
profit organization for use as a community center, with secondary
rental space that will support the primary community center use.
Unfortunately, Little Lakes does not yet have the capital resources
necessary to pay fair market value for the property, as required by
Article VIII, section 1 of the New York State Constitution.

The property is currently in need of significant repairs and ongoing
maintenance to ensure that it does not fall into complete disrepair.
The Town does not feel that many of these repairs can wait for a
protracted time to allow Little Lakes to raise adequate capital to
address those repairs, along with all of the other financial burdens
associated with owning such a property. By way of example, the 25,000
+/- square foot building uses approximately $20,000.00 worth of
heating fuel each year. While Little Lakes is immediately prepared to
undertake all utility and maintenance costs they cannot also come up
with funds to pay fair market value for the actual purchase of the
property.

The Town has requested this legislation because it believes that
Little Lakes would be the ideal steward for this important and
historical local structure. Unfortunately, because of the various
constraints that apply to a Town, Livonia has not been able to
optimize the use of the facility. The mounting annual expenditures
have become difficult to justify and practically impossible to cover
without significant impact to the tax rate.

It is in the best interests of the residents of the community for the
Town of Livonia and the Little Lakes Community Association, Inc., to
be able to negotiate and complete a transaction through which the Town
of Livonia will be able to sell or lease the real property,
improvements, and any personal property formerly known as and used for
the Jack Evans Community Center to the Little Lakes Community
Association, Inc.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6387 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6387
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to authorize the town of Livonia, in the county of Livingston, to
   sell and convey the Jack Evans Community Center to  the  Little  Lakes
   Community Association, Inc. for reasonable consideration

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.   The legislature  finds  that  since
 1989  the  town  of  Livonia, in the county of Livingston, has owned and
 operated a facility known as the Jack Evans Community Center, located at
 4705 South Main Street, Hemlock.
   The town acquired the approximately 25,000 square foot facility, which
 was a former schoolhouse, by means of a gift  from  a  private  citizen,
 Jack Evans.
   Since  the time of such gift, the Jack Evans Community Center has been
 operated by the town of Livonia as a community business development  and
 education center, whereby community residents hoping to create or expand
 a  local  business  could  receive  information  and assistance for that
 purpose.
   From the origination of its ownership  of  the  Jack  Evans  Community
 Center, the town of Livonia has found that the maintenance and operation
 costs  of the facility have become untenable for the town, including its
 having to expend approximately $20,000 to $30,000 in annual heating  and
 operating  costs,  as  well as facing numerous facility capital improve-
 ments maintenance costs, such as  new  roofing,  windows,  boilers,  and
 other infrastructure improvements and repairs.
   As  a  result of facility operational, capital improvement and mainte-
 nance costs, the town of Livonia can no longer afford  to  maintain  and
 operate such facility, and due to its size, costs and serious repair and
 capital  improvement  challenges,  no  known  prospective purchasers are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11618-02-7

 S. 6387                             2
 
 known to be available to pay any considerable amount  for  the  building
 and its grounds.
   As  a result of these circumstances, the town of Livonia has sought to
 find a person or organization  to  purchase  the  Jack  Evans  Community
 Center  for  an amount of reasonable consideration, and which would take
 into account its size, costs and serious repair and capital  improvement
 challenges,  whereby the town could also be relieved of the annual main-
 tenance and operational cost burden  of  the  facility,  and  where  the
 purpose  of  the facility as a community business development and educa-
 tion center serving community residents hoping to  create  or  expand  a
 local  business  could  receive  information  and  assistance  for  that
 purpose, as was the intent of Jack Evans, could be continued.
   The Little Lakes Community Association, Inc., is a 501 (c)  (3),  not-
 for-profit  corporation,  that  has expressed interest in purchasing the
 Jack Evans Community Center for an amount of  reasonable  consideration,
 taking  into  account  the  facility's  current condition as well as its
 present and future  operational,  capital  improvement  and  maintenance
 costs.    The  Little  Lakes  Community  Association,  Inc., has further
 expressed the intent of continuing to operate the facility as a communi-
 ty business development and education center, which would serve communi-
 ty residents hoping to create or expand a  local  business  and  provide
 information and assistance for that purpose.
   It  is in the best interests of the residents of the community for the
 town of Livonia and the Little Lakes Community Association, Inc., to  be
 able  to  negotiate and complete a transaction through which the town of
 Livonia will be able to sell the real  property,  improvements  and  any
 personal property formerly known as and used as the Jack Evans Community
 Center to the Little Lakes Community Association, Inc.
   § 2. Definitions. For the purposes of this act:
   a. "Town" shall mean the town of Livonia, in the county of Livingston.
   b.  "Facility"  shall mean the Jack Evans Community Center, located in
 the town at 4705 South Main Street, Hemlock, and shall include  all  the
 real  property, buildings, grounds and other improvements, together with
 any related personal property located at or  upon  such  real  property,
 building and/or grounds.
   c.  "Little  Lakes Community Association, Inc." shall mean the 501 (c)
 (3), not-for-profit corporation, that has expressed interest in purchas-
 ing the Jack Evans Community Center.
   d. "Fair market value for sale" shall mean  that  amount  of  money  a
 reasonable  and prudent buyer would pay after determining the property's
 financial value, in the current market of the location of the  property,
 together  with  any  and all associated costs for maintenance, necessary
 repairs, upkeep, tax obligations, building code improvements and  future
 marketability  of  such  property,  and such other and further necessary
 expenses that would be required of an owner of the property.
   e. "Reasonable consideration" shall mean the amount of money and other
 items of value which shall be determined by taking into account the fair
 market value for sale, while  also  considering  the  broader  community
 benefit  relieving  the  town  from the responsibility of continuing its
 obligation to expend taxpayer funds for the  maintenance  and  operation
 costs  to  maintain  the facility, as well as the continued operation of
 the facility by Little Lakes Community Association, Inc., as a community
 business development and education center, whereby  community  residents
 hoping  to  create  or expand a local business could continue to receive
 information and assistance for that purpose.
   f. "Local legislative body" shall mean the town board of the town.

 S. 6387                             3
 
   § 3. Notwithstanding the provisions of any other law, or of any  local
 law, ordinance or resolution to the contrary, the local legislative body
 may by a resolution adopted by a two-thirds vote of its members, approve
 the  sale of and convey title to the facility to the Little Lakes Commu-
 nity  Association, Inc., in exchange for what they shall determine to be
 reasonable consideration, and upon such terms as they  may  find  to  be
 reasonable  and  in  the best interests of the community. That such sale
 for reasonable consideration shall not be deemed an  impermissible  gift
 of local assets and/or property as is prohibited by section one of arti-
 cle  VIII of the state constitution, and that such sale for such reason-
 able consideration, shall be further deemed to be a sale  for  the  fair
 market value of the facility.
   § 4. This act shall take effect immediately.

2017-S6387A (ACTIVE) - Details

See Assembly Version of this Bill:: A7887
Law Section:: Real Property

2017-S6387A (ACTIVE) - Summary

Authorizes the town of Livonia, in the county of Livingston, to convey the Jack Evans Community Center to the Little Lakes Community Association, Inc. for reasonable consideration.

2017-S6387A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6387A

 TITLE OF BILL :

An act to authorize the town of Livonia, in the county of Livingston,
to sell and convey the Jack Evans Community Center to the Little Lakes
Community Association, Inc. for reasonable consideration

 PURPOSE OR GENERAL IDEA OF BILL :

Authorizes the town of Livonia, in the county of Livingston, to convey
the Jack Evans Community Center to the Little Lakes Community
Association, Inc. for reasonable consideration.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Establishes legislative findings.

Section 2. Provides definitions.

Section 3. Provides that the local legislative body may by a
resolution adopted by a two-thirds vote of its members, approve the
sale of and convey title to the facility to the Little Lakes
Community, Association, Inc., in exchange for what they shall
determine to be reasonable consideration, and upon such terms as they
may find to be reasonable and in the best interests of the community.

This section also provides that such sale for reasonable consideration
shall not be deemed an impermissible gift of local assets and/or
property as is prohibited by section one of article VIII of the state
constitution, and that such sale for such reasonable consideration,
shall be further deemed to be a sale for the fair market value of the
facility.

Section 4. Provides that the legislation shall take effect
immediately.

 JUSTIFICATION :

The Town of Livonia in Livingston County has been working to
facilitate transfer of the Jack Evans Community Center to Little Lakes
Community Association, Inc. ("Little Lakes"), a 501 C (3), not for
profit organization for use as a community center, with secondary
rental space that will support the primary community center use.
Unfortunately, Little Lakes does not yet have the capital resources
necessary to pay fair market value for the property, as required by
Article VIII, section 1 of the New York State Constitution.

The property is currently in need of significant repairs and ongoing
maintenance to ensure that it does not fall into complete disrepair.
The Town does not feel that many of these repairs can wait for a
protracted time to allow Little Lakes to raise adequate capital to
address those repairs, along with all of the other financial burdens
associated with owning such a property. By way of example, the 25,000
+/- square foot building uses approximately $20,000.00 worth of
heating fuel each year. While Little Lakes is immediately prepared to
undertake all utility and maintenance costs they cannot also come up
with funds to pay fair market value for the actual purchase of the
property.

The Town has requested this legislation because it believes that
Little Lakes would be the ideal steward for this important and
historical local structure. Unfortunately, because of the various
constraints that apply to a Town, Livonia has not been able to
optimize the use of the facility. The mounting annual expenditures
have become difficult to justify and practically impossible to cover
without significant impact to the tax rate.
It is in the best interests of the residents of the community for the
Town of Livonia and the Little Lakes Community Association, Inc., to
be able to negotiate and complete a transaction through which the Town
of Livonia will be able to sell or lease the real property,
improvements, and any personal property formerly known as and used for
the Jack Evans Community Center to the Little Lakes Community
Association, Inc.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6387A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6387--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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 town of Livonia, in the county of Livingston, to
   sell and convey the Jack Evans Community Center to  the  Little  Lakes
   Community Association, Inc. for reasonable consideration
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.   The legislature  finds  that  since
 1989  the  town  of  Livonia, in the county of Livingston, has owned and
 operated a facility known as the Jack Evans Community Center, located at
 4705 South Main Street, Hemlock, New York 14466,  within  such  town  of
 Livonia.
   The  town  acquired  this  approximately  25,000 square foot facility,
 which was a former schoolhouse, by means of a gift from a private  citi-
 zen, Jack Evans.
   Since  the time of such gift, the Jack Evans Community Center has been
 operated by the town of Livonia as a community business development  and
 education  center, whereby community residents, who are hoping to create
 or expand a local business could receive information and assistance  for
 that purpose.
   From  the  origination  of  its  ownership of the Jack Evans Community
 Center, the town of Livonia has found that the maintenance and operation
 costs of the facility have become untenable for the town, including  its
 having  to expend approximately $20,000 to $30,000 in annual heating and
 operating costs, as well as facing numerous facility capital improvement
 costs, such as facing new upgrades for roofing,  windows,  boilers,  and
 other infrastructure improvements and repairs.
   As  a  result  of  these facility operational, capital improvement and
 maintenance costs, the town of Livonia can no longer afford to  maintain
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11618-03-7

 S. 6387--A                          2
 
 and operate such facility, and due to its size, costs and serious repair
 and  capital  improvement challenges, the town has been unable to locate
 any prospective purchasers to purchase the facility and/or known  to  be
 available  to  pay  any  considerable  amount  for  the building and its
 grounds.
   As a result of these circumstances, the town of Livonia has sought  to
 find  a  person  or  organization  to  purchase the Jack Evans Community
 Center for an amount of reasonable consideration, and which  would  take
 into  account  the facility's size, costs and serious repair and capital
 improvement challenges, whereby the town could also be relieved  of  the
 annual  maintenance  and  operational  cost  burden of the facility, and
 where the purpose of the facility as a  community  business  development
 and  education  center  serving  community residents hoping to create or
 expand a local business, and receive information and assistance for that
 purpose, as was the intent of Jack Evans, could be continued.
   The Little Lakes Community Association, Inc., is a 501 (c)  (3),  not-
 for-profit  corporation,  that  has expressed interest in purchasing the
 Jack Evans Community Center for an amount of  reasonable  consideration,
 taking  into  account  the  facility's  current condition as well as its
 present and future  operational,  capital  improvement  and  maintenance
 costs.    The  Little  Lakes  Community  Association,  Inc., has further
 expressed the intent of continuing to operate the facility as a communi-
 ty business development and education center, which would serve communi-
 ty residents hoping to create or expand a  local  business  and  provide
 information and assistance for that purpose.
   It is in the best interests of the residents of the community, for the
 people  of  the  town  of Livonia and the Little Lakes Community Associ-
 ation, Inc., to be able to negotiate and complete a transaction  through
 which  the  town  of  Livonia  will  be  able to sell the real property,
 improvements and any personal property upon the facility formerly  known
 as  and  used  as  the  Jack  Evans Community Center to the Little Lakes
 Community Association, Inc.
   § 2. Definitions. For the purposes of this act:
   a. "Town" shall mean the town of Livonia, in the county of Livingston.
   b. "Facility" shall mean the Jack Evans Community Center,  located  in
 the  town  at 4705 South Main Street, Hemlock, New York 14466, and shall
 include all the real property, buildings,  grounds  and  other  improve-
 ments,  together  with  any related personal property located at or upon
 such real property, building and/or grounds.
   c. "Little Lakes Community Association, Inc." shall mean the  501  (c)
 (3), not-for-profit corporation, that has expressed interest in purchas-
 ing the Jack Evans Community Center.
   d.  "Fair  market  value  for  sale" shall mean that amount of money a
 reasonable and prudent buyer would pay after determining the  property's
 financial  value, in the current market of the location of the property,
 together with any and all associated costs  for  maintenance,  necessary
 repairs,  upkeep, tax obligations, building code improvements and future
 marketability of such property, and such  other  and  further  necessary
 expenses that would be required of an owner of the property.
   e. "Reasonable consideration" shall mean the amount of money and other
 items of value which shall be determined by taking into account the fair
 market  value  for  sale,  while  also considering the broader community
 benefit relieving the town from the  responsibility  of  continuing  its
 obligation  to  expend  taxpayer funds for the maintenance and operation
 costs to keep the facility as a town operation, as well as the value  to
 the community to have the facility continue to be operated by the Little

 S. 6387--A                          3
 
 Lakes  Community  Association, Inc., as a community business development
 and education center, whereby community residents hoping  to  create  or
 expand  a  local  business  could  continue  to  receive information and
 assistance for that purpose.
   f. "Local legislative body" shall mean the town board of the town.
   §  3. Notwithstanding the provisions of any other law, or of any local
 law, ordinance or resolution to the contrary, the local legislative body
 may by a resolution adopted by a two-thirds vote of its members, approve
 the sale of and convey title to the facility, defined in  subdivision  b
 of  section  two of this act, to the Little Lakes Community Association,
 Inc., in exchange for what they shall determine to be reasonable consid-
 eration, and upon such terms as such local legislative body may find  to
 be reasonable and in the best interests of the community. That such sale
 for  reasonable  consideration shall not accordingly be deemed an imper-
 missible gift of local  assets  and/or  property  as  is  prohibited  by
 section  one  of  article  VIII of the state constitution, and that such
 sale for such reasonable consideration, shall be further deemed to be  a
 sale for the fair market value of the facility.
   § 4. This act shall take effect immediately.

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