NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8059C
SPONSOR: Jenne TITLE OF BILL: An act to authorize the village of Massena, in the
town of Massena in the county of St. Lawrence, to alienate certain
parklands and to dedicate other lands as parklands
PURPOSE:
To create efficiencies for the village of Massena Department of Public
Works and reduce the impact of DPW activities on residents.
SUMMARY OF PROVISIONS:
Sections one through six give the village of Massena the ability to
alienate certain parklands while dedicating other lands as parklands.
Section seven is the effective date.
JUSTIFICATION:
The village of Massena has operated the Department of Public Works
located at 536 South Main Street since the mid-1960's. The original
building had many structural issues and required major attention. On
October 1, 1998, the village obtained the Army Reserve Facility from the
Federal Government which is not used for the DPW. Because of the acqui-
sition of the Army Reserve Building, the former DMP facility was deemed
unusable and was eventually demolished. The location of that facility is
separated from most of the community by railroad tracks. Over the years
those railroad tracks have caused much delay and expense due to the
inefficiencies created by waiting for trains to cross.
In 2000 the village engaged in a joint effort with the Massena Central
School District to develop a facility to house and repair school buses
and DPW equipment. After the cooperation between the village and the
school district, there was not enough property to accommodate all
village functions such as salt storage, bulk material storage, and
organic disposal. Those functions remained at the original location,
requiring the village to continue to deal with the inefficiencies
created by being located near the railroad tracks.
In 2016 the village had an opportunity to liquidate the former DPW site
on South Main Street to a developer. The proposed development of this
property will generate more than 30 full time jobs. Therefore, in the
planning of this transaction, the village needed to relocate its storage
of bulk materials. Knowing this, the village purchased approximately
36-acres of privately owned land which connects to the new DPW site.
Unfortunately, this property is also located in the backyards of resi-
dential homeowners. Between the new combination DPW and school facility
and the 36-acre property just recently purchased there is a softball
field on property that is currently designated as a greenbelt preserva-
tion district.
This legislation would exchange the new 36-acre property for the proper-
ty currently containing the softball field. The transfer would add
approximately 15 percent more area to the existing greenbelt, would
allow the village to utilize the adjacent property without adversely
impacting residents, and would save an estimated 800 man hours per year
by removing the impediment of waiting on rail cars to pass.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8059--C
2017-2018 Regular Sessions
IN ASSEMBLY
May 25, 2017
___________
Introduced by M. of A. JENNE -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Local Governments in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to authorize the village of Massena, in the town of Massena in
the county of St. Lawrence, to alienate certain parklands and to
dedicate other lands as parklands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subject to the provisions of this act, the village of
2 Massena, in the town of Massena in the county of St. Lawrence, acting by
3 and through its governing body and upon such terms and conditions as
4 determined by such board is hereby authorized to discontinue as park-
5 lands and alienate the lands described in section three of this act for
6 the purpose of the expansion of an existing village department of public
7 works facility.
8 § 2. The authorization provided in section one of this act shall be
9 effective only upon the condition that the village of Massena dedicates
10 the lands described in section four of this act as parkland provided
11 that the village of Massena has never used such lands for public open
12 space or park purposes.
13 § 3. The parklands authorized by section one of this act to be alien-
14 ated consist of 15.4 acres and are described as follows:
15 Beginning at the Northwest corner of the GPD parcel (NYS Plane Coordi-
16 nates N 2220205.77, E 395222.04) thence heading N43° 52' 49.16"E a
17 distance of 1114.68' to a point thence S41°53'56.05"E a distance of
18 718.28' to a point thence S57° 14' 19.25"W a distance of 1207.21' to a
19 point thence N31° 40' 07.28"W a distance of 451.71' to Point of Begin-
20 ning. Said parcel containing 15.4 acres more or less.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11898-05-8
A. 8059--C 2
1 § 4. Prior to the discontinuance and alienation of the parkland
2 described in section three of this act, the village of Massena shall
3 dedicate as parkland such land consisting of 23.8 acres described as
4 follows:
5 Beginning at the Northwest corner of the DPW parcel (NYS Plane Coordi-
6 nate N 2219622.19 E 396070.69) thence heading N60° 16' 01.67"E a
7 distance of 112.41' to a point thence S32° 13' 46.34"E a distance of
8 453.14' to a point thence N57° 46' 13.66"E a distance of 100.00' to a
9 point thence S32° 13' 46.34"E a distance of 1047.51' to a point thence
10 N73° 04' 53.63"E a distance of 1541.39' to a point thence N41° 53'
11 56.05"W a distance of 533.42' to a point thence N57° 14' 19.25"E a
12 distance of 161.66' to a point thence S31° 36' 28.46"E a distance of
13 870.95' to a point thence S57° 15' 50.06"W a distance of 123.90' to a
14 point thence S31° 43' 06.13"E a distance of 84.64' to a point thence
15 S72° 52' 52.95"W a distance of 66.25' to a point thence N31° 06' 15.38"W
16 a distance of 139.86' to a point thence S57° 36' 34.00"W a distance of
17 97.07' to a point thence N54° 20' 14.53"W a distance of 86.62' to a
18 point thence S68° 01' 13.59"W a distance of 190.37' to a point thence
19 N31° 37' 05.66"W a distance 152.95' to a point thence S61° 20' 53.42"W a
20 distance of 138.17' to a point thence S30° 50' 16.91"E a distance of
21 136.56' to a point thence S67° 15' 24.34"W a distance of 330.44' to a
22 point thence S17° 00' 48.29"E a distance of 117.91' to a point thence
23 S72° 59' 29.03"W a distance of 61.54' to a point thence N16° 52' 49.91"W
24 a distance of 117.30' to a point thence S73° 24' 44.87"W a distance
25 335.99' to a point thence S80' 05' 49.81"W a distance of 241.78' to a
26 point thence S19° 38' 21.07"E a distance of 32.91' to a point thence
27 S72°52' 56.07"W a distance of 140.15'to a point thence S17°29' 31.10"E a
28 distance of 117.69' to a point thence S72° 47' 14.21"W a distance of
29 43.09' to a point thence N19° 18' 27.38"W a distance of 115.50' to a
30 point thence S73°09'34.21"W a distance of 104.42' to a point thence
31 N32°59'21.16"W a distance of 1292.67' to a point thence N60° 54' 28.19"E
32 a distance of 60.00' to a point thence N32° 55' 24.37"W a distance of
33 295.00' to a point thence N57° 30' 03.05"E a distance of 70.08' to a
34 point thence N34° 41' 08.66"W a distance of 167.00' to Point of Begin-
35 ning. Said parcel containing 23.8 acres more or less.
36 § 5. In the event that the fair market value of the parklands
37 described in section four of this act to be dedicated by the village of
38 Massena pursuant to this act are not equal to or greater than the fair
39 market value of the parklands to be alienated as described in section
40 three of this act, the village of Massena shall dedicate the difference
41 of the fair market value of the lands to be alienated and the lands to
42 be dedicated for the acquisition of additional parklands and/or capital
43 improvements to existing park and recreational facilities.
44 § 6. In the event that the village of Massena received any funding
45 support or assistance from the federal government for the purchase,
46 maintenance or improvement of the parklands set forth in section three
47 of this act, the discontinuance and alienation of such parkland author-
48 ized by the provisions of this act shall not occur until the village of
49 Massena has complied with any federal requirements pertaining to the
50 alienation or conversion of parklands, including satisfying the secre-
51 tary of the interior that the alienation or conversion complies with all
52 conditions which the secretary of the interior deems necessary to assure
53 the substitution of other lands shall be equivalent in fair market value
54 and usefulness to the lands being alienated or converted.
55 § 7. This act shall take effect immediately.
