NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7980A
SPONSOR: Skartados TITLE OF BILL:
An act in relation to authorizing the city of Poughkeepsie, in the coun-
ty of Dutchess, to discontinue the use of certain lands as parklands and
to sell and convey such lands, which are no longer needed for park
purposes
PURPOSE:
To allow for the sale of City parkland from a municipality to a private
entity for a public benefit and economic development.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 authorizes the conveyance of parkland from the City of Pough-
keepsie, a municipal subdivision of the State of New York, to a private
entity for the purpose of economic development and the use of the
proceeds for a public benefit by capital improvements of existing parks.
Section 2 is a description of the property that is to be transferred.
JUSTIFICATION:
The purpose of this legislation is to authorize the sale of parkland
from the city of Poughkeepsie to a private entity for the purpose of
economic development and betterment of existing parks. In absence of the
legislation, the City of Poughkeepsie would lack authority to convey the
parcel. The subject property was purchased by the City of Poughkeepsie
in 1911 and became the home of the Poughkeepsie Day Nursery shortly
thereafter. Since that time, the Poughkeepsie Day Nursery has occupied
the premises under an arrangement with the City that included leases for
periods that ranged from five years to ten years. Since 1912 to 2014
the nursery school occupied the sole structure which at no time was open
to the public. There are no public amenities on the site except for one
or two park benches. The only sign at the property is one at the
entrance that identifies the premises at that of the "Poughkeepsie Day
Nursery."
The City of Poughkeepsie is in desperate need to provide capital
improvements to its parks that are much more utilized then this site.
The City will invest the proceeds from this sale into capital improve-
ments at existing parks. The proposed sale will be an economic boost to
the City and result in approximately 30 units of market rate housing.
Note there is some opposition to the city selling the property and using
the funds for park improvements. The property has been identified on
maps as "Wheaton Park". It was open to the public after the Poughkeepsie
Day Nursery closed at the end of each school day and weekends; however,
there was no signage posted to indicate that as such. A citizens group
formed to encourage the city to hold onto Wheaten Park. Some of their
activities included circulating a petition requesting that the city not
sell the property, which eventually gathered 600 signatures. After the
nursery closed the citizens group organized a cleanup of the Wheaton
Park and their members as well as other members of the general public
attended the city's public hearings regarding the sale of the park and
voiced their opposition to the sale and alienation proceedings. River-
keeper and other members of the public also submitted letters or oppo-
sition.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7980--A
2015-2016 Regular Sessions
IN ASSEMBLY
June 3, 2015
___________
Introduced by M. of A. SKARTADOS -- read once and referred to the
Committee on Cities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the city of Poughkeepsie, in the coun-
ty of Dutchess, to discontinue the use of certain lands as parklands
and to sell and convey such lands, which are no longer needed for park
purposes
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 city of Pough-
2 keepsie, in the county of Dutchess is hereby authorized, acting by and
3 through its Common Council and upon such terms and conditions as deter-
4 mined by such legislative body, to discontinue the use of the municipal-
5 ly owned parklands more particularly described in section three of this
6 act, and to sell and convey such lands, including the historic residence
7 known as the "Pelton Mansion" located at 36 North Clover Street in the
8 city of Poughkeepsie, which are no longer needed for park purposes, upon
9 such other terms and conditions as may be determined by such legislative
10 body, but at fair market value.
11 § 2. The authorization provided in section one of this act shall be
12 effective only upon the condition that the city of Poughkeepsie dedicate
13 an amount equal to or greater than the fair market value of the property
14 being alienated by this act for the acquisition of additional parklands
15 and/or for capital improvements to existing park and recreational facil-
16 ities.
17 § 3. The property authorized by this act to be discontinued as park-
18 lands by the city of Poughkeepsie are generally described as follows:
19 All that tract or parcel of land situated in the City of Poughkeepsie,
20 County of Dutchess, and the State of New York, bounded and described as
21 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11466-03-5
A. 7980--A 2
1 Beginning at a point in the Westerly line of North Clover Street, said
2 point being the Southeasterly corner of lands now or formerly Provenzano
3 (Liber 1973, cp 419); thence along the said Westerly line of North
4 Clover Street South 29-28-25 West 32.00 feet to a point; thence along
5 the Northerly line of lands now or formerly Delleo (Deed Document Number
6 22008/1137) North 60-31-35 West 150.00 feet to a point; thence along the
7 Westerly lines of the said lands now or formerly Delleo (Deed Document
8 Number 22008/1137), lands now or formerly Villano (Deed Document Number
9 22010/3925) and lands now or formerly Trocino & Milea (Deed Document
10 Number 22008/2923), South 29-28-25 West 187.17 feet to a point; thence
11 along the Northerly line of lands now or formerly Holy Comforter Church
12 (Liber 373, cp 347) North 83-19-10 West; 173.50 feet to a point in the
13 Easterly line of Davies Place; thence along the said Easterly line of
14 Davies Place, generally along a stone retaining wall, the following two
15 courses: North 11-55-00 East 8.06 feet to an angle in the said retaining
16 wall and North 5-43-30 West 238.88 feet to a point at the Southerly end
17 of a curve to the right connecting the said Easterly line of Davies
18 Place with the Southerly line of Dongan Place; thence, continuing along
19 the said stone retaining wall, along the said curve to the right, having
20 a radious of 105.00 feet, a length of 201.74 feet to a point in the said
21 Southerly line of Dongan Place; thence along the said Southerly line of
22 Dongan Place, continuing generally along the said stone retaining wall,
23 the following courses: South 75-42-00 East 167.71 feet to a point, South
24 72-23-10 East 34.97 feet to a point, South 68-42-40 East 39.88 feet to a
25 point, South 64-56-50 East 32.46 feet to a point, South 61-35-50 East
26 44.04 feet to a point, and South 56-45-00 East 62.07 feet to a point;
27 thence, generally along the said stone retaining wall, South 26-29-50
28 East 17.67 feet to a point, and, leaving the said stone retaining wall,
29 South 11-58-40 West 10.48 feet to a point in the said Westerly line of
30 North Clover Street, said point being the Northeasterly corner of a 3
31 story brick building situate on lands now or formerly GCAABB LLC (Deed
32 Document Number 22009/5257); thence along the Northerly line of the said
33 lands now or formerly GCAABB LLC (Deed Document Number 22009/5257),
34 partially along the Northerly face of the said 3 story brick building,
35 North 60-31-35 West 150.00 feet to a point; thence along the Westerly
36 lines of the said lands now or formerly GCAABB LLC (Deed Document Number
37 22009/5257) and lands now or formerly TJ Associates Inc. (Liber 1992, cp
38 207) South 29-28-25 West 80.00 feet to a point; thence along the South-
39 erly line of the said lands now or formerly TJ Associates Inc. (Liber
40 1992, cp 207) South 60-31-35 East 25.50 feet to a point; thence along
41 the Westerly and Southerly lines of the said lands now or formerly
42 Provenzano (Liber 1973, cp 419) the following two courses: South 29-28-
43 25 West 34.50 feet to a point and South 60-31-35 East 124.50 feet to the
44 point or place of beginning. Containing 2.45 acres of land.
45 Subject to and together with the existing easements and rights-of-way
46 of record, if any.
47 § 4. The discontinuance and conveyance of parkland authorized by the
48 provisions of this act shall not occur until the city of Poughkeepsie
49 has complied with any federal or state 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 that the substitution of other lands shall be equivalent in fair market
54 value and recreational usefulness to the lands being alienated or
55 converted.
A. 7980--A 3
1 § 5. In the event that the park lands to be dedicated by the city of
2 Poughkeepsie pursuant to this act are not of equal or greater fair
3 market value and usefulness as park lands than the park lands to be
4 discontinued, the city of Poughkeepsie shall dedicate the difference of
5 fair market value and/or usefulness of the lands to be alienated and the
6 lands to be dedicated for the acquisition of additional park lands
7 and/or capital improvements to existing park and recreational facili-
8 ties.
9 § 6. This act shall take effect immediately.
