NY State Senate Bill 2023-S6126A

Senate Bill S6126A

Signed By Governor

2023-2024 Legislative Session

Authorizes the town of Brookhaven to alienate and replace certain parklands for the purpose of constructing a municipal drainage system

download bill text pdf

Current 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
Sep 15, 2023	signed chap.440
Sep 07, 2023	delivered to governor
Jun 10, 2023	returned to senate passed assembly home rule request ordered to third reading rules cal.820 substituted for a6028a referred to ways and means
Jun 09, 2023	delivered to assembly passed senate home rule request ordered to third reading cal.1849 committee discharged and committed to rules
May 26, 2023	print number 6126a
May 26, 2023	amend (t) and recommit to local government
Mar 30, 2023	referred to local government

Votes

- Jun 9, 2023 - Floor Vote
  S6126A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
      
      The following Member(s) participated via videoconferencing: Cooney
  Jun 9, 2023 - Rules Committee Vote
  S6126A
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Sepúlveda

Bill Amendments

Original

A (Active)

2023-S6126 - Details

See Assembly Version of this Bill:: A6028
Law Section:: Parks

2023-S6126 - Summary

Authorizes the town of Brookhaven to alienate certain parklands for the purpose of constructing a municipal drainage system and acquire and dedicate certain other lands as parklands.

2023-S6126 - Sponsor Memo

                                 
BILL NUMBER: S6126

SPONSOR: MURRAY
 
TITLE OF BILL:

An act authorizing the town of Brookhaven to alienate certain parklands
for use as a wet retention pond for public drainage purposes and to
dedicate certain other lands as parklands

 
PURPOSE:

This bill authorizes the town of Brookhaven in Suffolk County to alien-
ate and replace certain parklands for the purpose of constructing a
public drainage system.

 
SUMMARY OF PROVISIONS:

Section one of the bill authorizes the land parcel alienation for the
purpose of construction of a wet retention pond for public drainage
purposes.

Section two of the bill provides that this authorization shall be done

upon the condition that the town acquire and dedicate the lands of equal
or greater fair market value that have never been used as parklands as
additional parklands of the town.

Sections three and four contain the metes and bounds of the parcels
being alienated, and those authorized to be acquired.

Sections five and six contain additional provisions and stipulation for
the alienation and acquisition.

Section seven contains the effective date.

 
JUSTIFICATION:

This bill is necessary to help the town proceed with a public drainage
project that will consist of construction of a shallow wet retention
pond. The area where the retention pond will be constructed, will be
excavated to remove invasive plant root mass and will see improved
native vegetation conditions.

This public drainage project will create a system connected to an over-
flow structure, allowing excess water to be discharged in cases of high
intensity rainfall. The public drainage project site currently has
existing site conditions of degraded wetlands and disconnected mosquito
ditches.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2023-S6126 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6126
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT authorizing the town of Brookhaven to alienate certain  parklands
   for  use  as  a wet retention pond for public drainage purposes and to
   dedicate certain other lands as parklands

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven, located in the county of Suffolk, acting by and through its govern-
 ing  body and upon such terms and conditions as determined by such body,
 is hereby authorized to discontinue as parklands and alienate the  lands
 more  particularly  described  in  section  three  of  this act, for the
 construction of a wet retention pond for public drainage purposes.
   § 2. The authorization contained in section one of this act shall take
 effect only upon the condition that the town of Brookhaven shall acquire
 and dedicate the lands of equal or greater fair market value  that  have
 never  been used for park purposes described in section four of this act
 as additional parklands of the town.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parklands are described as follows:
   All that part or parcel of land  situate  as  Mastic  Beach,  Town  of
 Brookhaven,  County  of  Suffolk and State of New York and known as Lots
 3414-3418, 3421-3427 & 3440-3448 as shown on the map  of  Mastic  Beach,
 filed  in  the  office  of the Suffolk County Clerk on 06/03/1926 as map
 number 1004 and described as follows:
   Beginning at a point at the intersection  of  the  southerly  side  of
 Forest  Road  with  the  westerly  side of Orchid Drive, running thence,
 along the westerly side of Orchid Drive, south 11°25'00" east a distance
 of 280.00 feet to the northerly line of lot 3449;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10619-01-3
 S. 6126                             2

   Thence, along  the  northerly  line  of  lots  3449  and  3428,  south
 78°35'00"  west  a distance of 200.00 feet to the easterly side of Rivi-
 era;
   Thence,  along  the  easterly  side of Riviera, north 11°25'00" west a
 distance of 140.00 feet to the northerly side of lot 3421;
   Thence, along the northerly side of lot 3421, north 78°35'00"  east  a
 distance of 100.00 feet to the westerly side of lot 3441;
   Thence,  along  the  westerly  side of lots 3441, 3440 and 3414, north
 11°25'00" west a distance of 140.00 feet to the southerly side of Forest
 Road;
   Thence, along the southerly side of Forest Road, north 78°35'00"  east
 a  distance  of 100.00 feet to the westerly side of Orchid Drive and the
 point or place of beginning.
   Said parcel containing 42,000 square feet.
   § 4. Prior to the discontinuance and alienation of parkland  described
 in  section  three  of  this  act, the town of Brookhaven, acting by and
 through its governing body, shall dedicate replacement land for  use  as
 parklands for public park purposes described as follows:
   ALL  that  certain  plot,  piece or parcel of land, situate, lying and
 being at East Moriches, in the Town of Brookhaven, County of Suffolk and
 State of New York, known and designated at Lot  Numbers  11  through  61
 inclusive,  in  Block Seven (7) as shown on a certain map entitled: "Map
 of Ridgewood By The Sea, Section One" and filed in  the  Office  of  the
 Clerk  of  Suffolk  County  on May 3, 1927 as Map Number 833, which said
 lots when taken together are more particularly bounded and described  as
 follows:
   BEGINNING  at a point on the northeasterly side of Emener Avenue where
 the same is intersected by the division line between Lots 10 and  11  as
 shown  on the aforesaid map, said point being distant 200.00 feet south-
 easterly as measured along the northeasterly side of Emener Avenue  from
 the corner formed by the intersection of the northeasterly side of Emen-
 er Avenue with the southeasterly side of First Street;
   RUNNING  THENCE  from said point or place of beginning along the divi-
 sion line first above mentioned, North 57 degrees 12 minutes 30  seconds
 East, 100.00 feet;
   THENCE North 32 degrees 47 minutes 30 seconds West, 200.00 feet to the
 southeasterly side of First Street;
   THENCE  along the southeasterly side of First Street, North 57 degrees
 12 minutes 30 seconds East, 100 feet to the northwesterly side of Ridge-
 wood Avenue;
   THENCE along the northwesterly side of Ridgewood Avenue the  following
 two (2) courses and distances:
   1. South 32 degrees 47 minutes 30 seconds East, 303.31 feet;
   2.  South  17  degrees  32 minutes 30 seconds East, 411.17 feet to the
 northwesterly side of Second Street;
   THENCE along the northwesterly side of Second Street, South 57 degrees
 12 minutes 30 seconds West, 91.85 feet  to  the  northeasterly  side  of
 Emener Avenue;
   THENCE along the northeasterly side of Emener Avenue, North 32 degrees
 47  minutes 30 seconds West, 500.00 feet to the point or place of BEGIN-
 NING.
   § 5. In the event that the parklands described in section four of this
 act to be acquired and dedicated by the town of Brookhaven  pursuant  to
 this  act  are  not  equal to or greater than the parklands described in
 section three of this act being alienated, the town of Brookhaven  shall
 dedicate  the  difference  of  the  fair market value of the lands to be
 S. 6126                             3
 
 alienated and the lands to be dedicated for  the  acquisition  of  addi-
 tional parklands and/or capital improvements to existing park and recre-
 ational facilities.
   §  6.  In  the  event that the town of Brookhaven received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance,  or improvement of the parklands set forth in section three
 of this act, the discontinuance and alienation of such parklands author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Brookhaven  has complied with any federal requirements pertaining to the
 alienation or conversion of parklands, including satisfying  the  secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to assure
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 7. This act shall take effect immediately.

2023-S6126A (ACTIVE) - Details

See Assembly Version of this Bill:: A6028
Law Section:: Parks

2023-S6126A (ACTIVE) - Summary

Authorizes the town of Brookhaven to alienate certain parklands for the purpose of constructing a municipal drainage system and acquire and dedicate certain other lands as parklands.

2023-S6126A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6126A

SPONSOR: MURRAY
 
TITLE OF BILL:

An act authorizing the town of Brookhaven to alienate certain parklands
for use as a wet retention pond for municipal drainage purposes and to
dedicate certain other lands as parklands

 
PURPOSE:

This bill authorizes the town of Brookhaven in Suffolk County to alien-
ate and replace certain parklands for the purpose of constructing a
municipal drainage system.

 
SUMMARY OF PROVISIONS:

Section one of the bill authorizes the land parcel alienation for the
purpose of construction of a wet retention pond for municipal drainage
purposes.

Section two of the bill provides that this authorization shall be done

upon the condition that the town acquire and dedicate the lands of equal
or greater fair market value that have never been used as parklands as
additional parklands of the town.

Sections three and four contain the metes and bounds of the parcels
being alienated, and those authorized to be acquired.

Sections five and six contain additional provisions and stipulation for
the alienation and acquisition.

Section seven contains the effective date.

 
JUSTIFICATION:

This bill is necessary to help the town proceed with a public drainage
project that will consist of construction of a shallow wet retention
pond. The area where the retention pond will be constructed, will be
excavated to remove invasive plant root mass and will see improved
native vegetation conditions.

This public drainage project will create a system connected to an over-
flow structure, allowing excess water to be discharged in cases of high
intensity rainfall. The public drainage project site currently has
existing site conditions of degraded wetlands and disconnected mosquito
ditches.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2023-S6126A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6126--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced  by  Sen.  MURRAY -- 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 authorizing the town of Brookhaven to alienate certain  parklands
   for use as a wet retention pond for municipal drainage purposes and to
   dedicate certain other lands as parklands
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven, located in the county of Suffolk, acting by and through its govern-
 ing body and upon such terms and conditions as determined by such  body,
 is  hereby authorized to discontinue as parklands the lands more partic-
 ularly described in section three of this act, for the construction of a
 wet retention pond for municipal drainage purposes.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the town of Brookhaven dedicate
 the lands described in section four of this act as  parklands,  provided
 that the town of Brookhaven has never used such lands for park purposes.
   § 3. The parklands authorized by section one of this act to be discon-
 tinued as parklands are described as follows:
   All  that  part  or  parcel  of  land situate as Mastic Beach, Town of
 Brookhaven, County of Suffolk and State of New York and  known  as  Lots
 3414-3418,  3421-3427  &  3440-3448 as shown on the map of Mastic Beach,
 filed in the office of the Suffolk County Clerk  on  06/03/1926  as  map
 number 1004 and described as follows:
   Beginning  at  a  point  at  the intersection of the southerly side of
 Forest Road with the westerly side  of  Orchid  Drive,  running  thence,
 along the westerly side of Orchid Drive, south 11°25'00" east a distance
 of 280.00 feet to the northerly line of lot 3449;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10619-05-3
 S. 6126--A                          2

 
   Thence,  along  the  northerly  line  of  lots  3449  and  3428, south
 78°35'00" west a distance of 200.00 feet to the easterly side  of  Rivi-
 era;
   Thence,  along  the  easterly  side of Riviera, north 11°25'00" west a
 distance of 140.00 feet to the northerly side of lot 3421;
   Thence, along the northerly side of lot 3421, north 78°35'00"  east  a
 distance of 100.00 feet to the westerly side of lot 3441;
   Thence,  along  the  westerly  side of lots 3441, 3440 and 3414, north
 11°25'00" west a distance of 140.00 feet to the southerly side of Forest
 Road;
   Thence, along the southerly side of Forest Road, north 78°35'00"  east
 a  distance  of 100.00 feet to the westerly side of Orchid Drive and the
 point or place of beginning.
   Said parcel contains 42,000 square feet or .91 acres, more or less.
   § 4. Prior to the discontinuance and alienation of parkland  described
 in  section  three  of  this  act, the town of Brookhaven, acting by and
 through its governing body, shall dedicate replacement land for  use  as
 parklands described as follows:
   ALL  that  certain  plot,  piece or parcel of land, situate, lying and
 being at East Moriches, in the Town of Brookhaven, County of Suffolk and
 State of New York, known and designated at Lot  Numbers  11  through  61
 inclusive,  in  Block Seven (7) as shown on a certain map entitled: "Map
 of Ridgewood By The Sea, Section One" and filed in  the  Office  of  the
 Clerk  of  Suffolk  County  on May 3, 1927 as Map Number 833, which said
 lots when taken together are more particularly bounded and described  as
 follows:
   BEGINNING  at a point on the northeasterly side of Emener Avenue where
 the same is intersected by the division line between Lots 10 and  11  as
 shown  on the aforesaid map, said point being distant 200.00 feet south-
 easterly as measured along the northeasterly side of Emener Avenue  from
 the corner formed by the intersection of the northeasterly side of Emen-
 er Avenue with the southeasterly side of First Street;
   RUNNING  THENCE  from said point or place of beginning along the divi-
 sion line first above mentioned, North 57 degrees 12 minutes 30  seconds
 East, 100.00 feet;
   THENCE North 32 degrees 47 minutes 30 seconds West, 200.00 feet to the
 southeasterly side of First Street;
   THENCE  along the southeasterly side of First Street, North 57 degrees
 12 minutes 30 seconds East, 100 feet to the northwesterly side of Ridge-
 wood Avenue;
   THENCE along the northwesterly side of Ridgewood Avenue the  following
 two (2) courses and distances:
   1. South 32 degrees 47 minutes 30 seconds East, 303.31 feet;
   2.  South  17  degrees  32 minutes 30 seconds East, 411.17 feet to the
 northwesterly side of Second Street;
   THENCE along the northwesterly side of Second Street, South 57 degrees
 12 minutes 30 seconds West, 91.85 feet  to  the  northeasterly  side  of
 Emener Avenue;
   THENCE along the northeasterly side of Emener Avenue, North 32 degrees
 47  minutes 30 seconds West, 500.00 feet to the point or place of BEGIN-
 NING.
   Said parcel contains 2.3 acres, more or less.
   § 5. In the event that the fair market value of the  parklands  to  be
 dedicated  by  the  town of Brookhaven described in section four of this
 act are not equal to or greater than the fair market value of the  park-
 lands  to  be  discontinued  in  section  three of this act, the town of
 S. 6126--A                          3
 
 Brookhaven shall dedicate the difference of the fair market value of the
 lands to be alienated and the lands to be dedicated for the  acquisition
 of additional parklands and/or capital improvements to existing park and
 recreational facilities.
   §  6.  In  the  event that the town of Brookhaven received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance,  or improvement of the parklands set forth in section three
 of this act, the discontinuance and alienation of such parklands author-
 ized by the provisions of this act shall not occur  until  the  town  of
 Brookhaven  has complied with any federal requirements pertaining to the
 alienation or conversion of parklands, including satisfying  the  secre-
 tary of the interior that the alienation or conversion complies with all
 conditions which the secretary of the interior deems necessary to assure
 the substitution of other lands shall be equivalent in fair market value
 and usefulness to the lands being alienated or converted.
   § 7. This act shall take effect immediately.

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