NY State Senate Bill 2019-S8639

Senate Bill S8639

2019-2020 Legislative Session

Relates to authorizing the county of Nassau to lease certain parkland located in the village of Atlantic Beach

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

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
Jul 22, 2020	referred to local governments delivered to assembly passed senate home rule request ordered to third reading cal.936
Jul 20, 2020	reported and committed to rules
Jul 13, 2020	committee discharged and committed to local government
Jun 26, 2020	referred to rules

Votes

- Jul 22, 2020 - Floor Vote
  S8639
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 22, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jul 22, 2020 - Rules Committee Vote
  S8639
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Ortt
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
  Jul 20, 2020 - Local Government Committee Vote
  S8639
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Jul 20, 2020
      
      aye (7)
      
      Borrello
      
      Brooks
      
      Gaughran
      
      Harckham
      
      Metzger
      
      Ritchie
      
      Skoufis

2019-S8639 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: Nassau County

2019-S8639 (ACTIVE) - Summary

Authorizes the county of Nassau to lease certain parkland located in the village of Atlantic Beach.

2019-S8639 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8639

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act in relation to authorizing the county of Nassau to lease certain
parkland located in the village of Atlantic Beach

 
PURPOSE:

To authorize Nassau County to lease at fair market value, the property
located at Lot 9  
FORMERLY LOTS 1, 2, 7 AND 8 (the "Property") set
forth in Section 58, Block A on the Land and Tax Map of the county of
Nassau, and located at Silver Point, Atlantic Beach in the town of Hemp-
stead while keeping the property on the assessment rolls of the munici-
pality, school districts and other districts in which they are located
and shall be subject to real estate taxes as private owned lands.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 and 2 authorizes the County of Nassau may lease for fair
market value and upon such terms and conditions and for such duration,
as such governing body, in its discretion, shall deem fair and reason-
able, Lot 9  
FORMERLY LOTS 1, 2, 7 AND 8 set forth in

Section 58, Block A on the Land and Tax Map of the county of Nassau, and
located at Silver Point, Atlantic Beach in the town of Hempstead During
the period of such lease, such land shall remain on the assessment rolls
of the municipality, school districts and other districts in which they
are located and shall be subject to real estate taxes and assessments in
the same manner as privately-owned lands. The tenant's rights under such
lease to occupy and use such lands shall be conditioned on the prompt
payment of the full amount of such taxes and assessments with interest
and penalties, if any. A copy of such lease shall be filed with the
Nassau County Clerk within ten days after such lease is executed.

Section 3 requires any amounts received by the county of Nassau pursuant
to any lease authorized pursuant to section one of this act shall be
used by such county for the acquisition of additional parklands or capi-
tal improvements to existing parks or financing of additional parklands
or additional improvements to existing parks; provided, however, that
such amounts shall be placed into an account which is utilized only for
park and recreational purposes.

Section 4 dictates if the lessee of the lands authorized to be leased
pursuant to section one of this act shall fail or cease to use such
lands and improvements thereon for public recreational purposes, the
leasehold on such lands and improvements shall terminate and possession
thereof shall immediately revert to the county of Nassau.

Section 5 effective date.

 
JUSTIFICATION:

The Property has been continuously leased and operated as beach clubs at
Silver Point in Atlantic Beach for over fifty years, providing cabanas,
changing rooms, swimming pools, athletic and food facilities, and other
related services, all for the recreation and enjoyment of thousands of
County residents. The Clubs have been excellent stewards of the environ-
ment. They have operated the clubs in an eco-friendly manner and at a
level of economic activity that has been compatible with prudent traffic
and vehicle management for the area. Nassau County desires to continue
what has been a benefit to the public and the County. This legislation
is essential to maintain the continuity of the tax revenue stream to the
County, tax districts, and school districts.

 
LEGISLATIVE HISTORY:

New bill (Lease first authorized by chapter 269 of the laws of 1979, as
amended by chapter 459 of the laws of 1998)

 
FISCAL IMPLICATIONS:

County of Nassau will receive the fair market rental value of the prop-
erty, currently estimated at an annual value of $1,218,769.00, and the
property will remain on the assessment rolls of the municipality and
districts, with the lessee or permittee responsible for all taxes,
assessments and levies, currently estimated at an annual value of
$1,377,329.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8639 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8639
 
                             I N  S E N A T E
 
                               June 26, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT in relation to authorizing the county of Nassau to lease  certain
   parkland located in the village of Atlantic Beach
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Notwithstanding the provisions of any law to the  contrary,
 the  governing  body  of  the  county of Nassau is hereby authorized and
 empowered to lease the property described herein , which was  heretofore
 leased  by  such  county pursuant to chapter 269 of the laws of 1979, as
 amended by chapter 459 of the laws of 1998, for fair  market  value  and
 upon  such terms and conditions and for such duration, as such governing
 body, in its discretion, shall deem fair and reasonable, Lot 9 (formerly
 Lots 1, 2, 7, and 8 set forth in Section 58, Block A on the Land and Tax
 Map of the county of Nassau, and located at Silver Point, Atlantic Beach
 in the town of Hempstead, such lands having been acquired by the  county
 pursuant  to  article  fifteen  of  the former parks and recreation law.
 During the period of such lease, such land shall remain on  the  assess-
 ment  rolls of the municipality, school districts and other districts in
 which they are located and shall be subject to  real  estate  taxes  and
 assessments  in  the  same manner as privately owned lands. The tenant's
 rights under such lease to occupy and use such  lands  shall  be  condi-
 tioned  on  the  prompt  payment  of  the  full amount of such taxes and
 assessments with interest and penalties, if any. A copy  of  such  lease
 shall  be  filed with the Nassau county clerk within ten days after such
 lease is executed.
   § 2. The lands referred to in section one of  this  act  are  located,
 bounded and described as follows:
   BEGINNING at a point in the easterly side of premises herein described
 where the same is intersected by the southerly side of Pacific Blvd., as
 shown  on  Map  "A" of amended Map of Atlantic Beach filed in the Nassau
 County Clerk's Office on November 3, 1941, under Case No.  4177, running
 thence from the said point of beginning South 12 degrees 49  minutes  50
 seconds East, 392.95 feet to a point in the easterly prolongation of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16818-01-0

 S. 8639                             2
 
 southerly  line  of  land  granted  by the state of New York to Atlantic
 Beach Development Corporation; (being the high water  line  of  Atlantic
 Ocean  as  described  in  said grant) running thence South 82 degrees 04
 minutes  09 seconds West along the said southerly line and the prolonga-
 tion thereof, 987.96 feet; running thence still along the said southerly
 line the following three courses and distances: (1) South 77 degrees  14
 minutes  42 seconds West 841.74 feet; (2) South 76 degrees 42 minutes 45
 seconds West 436.92 feet; (3) South 73 degrees  27  minutes  12  seconds
 West  1643.77  feet;  running thence northeasterly on the arc of a curve
 bearing to the right having a radius of  875  feet,  whose  chord  bears
 North  25  degrees 47 minutes 09 seconds East 636.18 feet, a distance of
 651.9 feet; running thence North 47 degrees 06 minutes 10  seconds  East
 2069.11 feet; running thence North 47 degrees 45 minutes 00 seconds East
 partly  along  the  southerly  side  of East Rockaway Inlet 964.87 feet;
 running thence still along the southerly side of East Rockaway Inlet the
 following eighteen courses and distances:
   (1) South 81 degrees 59 minutes 43 seconds East 21.97 feet;
   (2) South 22 degrees 00 minutes 00 seconds East 37 feet;
   (3) South 39 degrees 00 minutes 00 seconds West 22 feet;
   (4) South 50 degrees 00 minutes 00 seconds East 44 feet;
   (5) North 69 degrees 00 minutes 00 seconds East 115 feet;
   (6) North 55 degrees 00 minutes 00 seconds East 150 feet;
   (7) North 39 degrees 00 minutes 00 seconds East 110 feet;
   (8) North 26 degrees 20 minutes 16 seconds East 110.95 feet;
   (9) North 50 degrees 00 minutes 00 seconds West 45 feet;
   (10) North 40 degrees 00 minutes 00 seconds East 20 feet;
   (11) South 72 degrees 00 minutes 00 seconds East 45 feet;
   (12) North 72 degrees 00 minutes 00 seconds East 122 feet;
   (13) North 78 degrees 44 minutes 27 seconds East 77.48 feet;
   (14) North 71 degrees 48 minutes 39 seconds East 22.10 feet;
   (15) North 19 degrees 30 minutes 46 seconds West 52.78 feet;
   (16) North 73 degrees 58 minutes 50 seconds East 18.08 feet;
   (17) South 40 degrees 31 minutes 54 seconds East 64.35 feet;
   (18) North 83 degrees 22 minutes 15 seconds East 140.76 feet  to  land
 shown  on Map "A" of Amended Map of Atlantic Beach; running thence South
 12 degrees 49 minutes 50 seconds East  along  the  last  mentioned  land
 1741.18 feet, to the point or place of BEGINNING.
   §  3.  Any  amounts  received  by the county of Nassau pursuant to any
 lease authorized pursuant to section one of this act shall  be  used  by
 such  county  for  the  acquisition  of  additional parklands or capital
 improvements to existing parks or financing of additional  parklands  or
 additional  improvements to existing parks; provided, however, that such
 amounts shall be placed into an account which is utilized only for  park
 and recreational purposes.
   §  4.  If  the lessee of the lands authorized to be leased pursuant to
 section one of this act shall fail  or  cease  to  use  such  lands  and
 improvements  thereon for public recreational purposes, the leasehold or
 on such lands and improvements shall terminate  and  possession  thereof
 shall immediately revert to the county of Nassau.
   § 5. This act shall take effect immediately.

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