Creates and establishes in a portion of the town of Plattekill, county of Ulster, a public library district to be known as the Plattekill Library district; provides for notice of election, organization and structure and an ad valorem levy by the town of Plattekill.
STATE OF NEW YORK
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9636--A
IN ASSEMBLY
January 22, 2002
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Libraries and Education Technology -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT in relation to creating the Plattekill library district in the
town of Plattekill, New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Creation of library district. Notwithstanding the
2 provisions of any general, special, or local law to the contrary, there
3 is hereby created and established in the town of Plattekill, county of
4 Ulster, a public library district which shall consist of the town of
5 Plattekill, except those parts served by the Highland Central School
6 district and the Marlborough Central School district, and shall be known
7 as the Plattekill library district.
8 § 2. Election. 1. The public library district herein described shall
9 not come into existence unless and until it is approved, the initial
10 proposed budget is approved, and seven trustees are elected by a vote of
11 the majority of the qualified voters voting in an election held pursuant
12 to the following provisions:
13 Upon receipt of a petition signed by not less than fifty voters quali-
14 fied to vote at a general election and residing within the area of the
15 proposed district, the board of trustees of the existing Plattekill
16 library shall give notice of an election to be held prior to October 31,
17 2002. If a majority of the voters approve the formation of the district,
18 then the district shall come into existence on the terms and conditions
19 set forth in this act. At such election the issue shall be:
20 (a) whether the public library district therein described shall be
21 created or not on or about January 1, 2003;
22 (b) whether the initial budget therefor proposed by the board of trus-
23 tees of the Plattekill library shall be approved or disapproved; and
24 (c) the election of seven trustees as provided by this act.
25 The trustees of the existing Plattekill library shall give notice of
26 such election by the publication of a notice in one or more newspapers
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14125-04-2
A. 9636--A 2
1 having a general circulation in the district to be served. The first
2 publication of such notice shall be not less than thirteen days and not
3 more than twenty days prior to the date of such election. In addition,
4 the board of trustees of the existing Plattekill library shall cause
5 copies of such notice to be posted conspicuously in three public places
6 in the district at least thirteen days prior to the date of such
7 election. Such notice shall specify the time when and the place where
8 such election will be held, the issues to be decided at such election
9 and the hours during which polls will be open for the receipt of ballots
10 thereof at all elections from 12:00 p.m. until 9:00 p.m. The board of
11 trustees of the existing Plattekill library shall designate a resident
12 qualified voter of such district to act as chairperson of any election
13 of such district and shall designate not less than two nor more than
14 four resident qualified voters at the polling place which shall be the
15 Plattekill library to act as election inspectors and ballot clerks at
16 such elections. No trustee or candidate for the office of trustee shall
17 serve as chairperson or as an election inspector or ballot clerk. The
18 board of trustees may adopt a resolution providing that such chair-
19 person, election inspectors and ballot clerks shall be paid for their
20 respective services at the initial election or at subsequent elections,
21 should the new library district be created. Such resolution, if adopted,
22 may fix reasonable compensation for services of such officials. Every
23 voter, otherwise qualified to vote at a general election and residing
24 within the area of the proposed district shall be qualified to vote at
25 said election. After the polls have closed at such election, the
26 election inspectors and the ballot clerks shall immediately canvass
27 publicly the ballots cast and the chairperson of the election shall
28 publicly announce the result. Within seventy-two hours thereafter, the
29 chairperson, election inspectors, and ballot clerks shall execute and
30 file a certificate of the result of the canvass with the board of trus-
31 tees and the Plattekill town clerk.
32 2. In the event that the district is created, there shall be an annual
33 election conducted by the board of trustees of the Plattekill library
34 district in accordance with the provisions of subdivision one of this
35 section, at a time to be set by the board, at which election vacancies
36 on the board of trustees shall be filled and at which any proposed budg-
37 et which the board shall determine to submit to the voters pursuant to
38 section four of this act shall be submitted to the voters.
39 3. Candidates for the office of member of the board of trustees of the
40 Plattekill library district shall be nominated by petition. No vacancy
41 on the board of trustees to be filled shall be considered a separate,
42 specific office. A separate petition shall be required to nominate each
43 candidate for a vacancy on the board. Each petition shall be directed to
44 the secretary of the board of trustees, shall be signed by at least
45 twenty-five qualified voters of the district, shall state the residence
46 of each signer, and shall state the name and residence of the candidate.
47 In the event that any such nominees shall withdraw candidacy prior to
48 the election, such person shall not be considered a candidate unless a
49 new petition nominating such person in the same manner and within the
50 same time limitation applicable to other candidates is filed with the
51 secretary of the board of trustees. Each petition shall be filed with
52 the secretary of the board of trustees between the hours of 1:00 p.m.
53 and 5:00 p.m., not later than the thirtieth day preceding the election
54 at which time the candidates nominated are to be elected. In the event
55 that the new district is created, petitions nominating candidates for
A. 9636--A 3
1 the board of trustees after the initial election shall be filed with the
2 secretary of the Plattekill library district.
3 4. At any election in such district, the voters may adopt a proposi-
4 tion providing that, in all subsequent elections, vacancies on the board
5 of trustees shall be considered separate, specific offices and that the
6 nominating petitions shall describe the specific vacancy upon the board
7 of trustees for which the candidate is nominated, which description
8 shall include at least the length of the term of the office and the name
9 of the last incumbent, if any. No person shall be nominated for more
10 than one specific office. Such procedure shall be followed with respect
11 to all nominations and elections in subsequent years until and unless
12 such proposition is repealed by the electors of the district at a regu-
13 lar election by adoption of a proposition to repeal the same.
14 § 3. Organization and structure. The Plattekill library district shall
15 be managed, operated, and controlled by a board of trustees consisting
16 of seven members. The trustees shall take office on the first day of the
17 month following their election and shall, at the first regular meeting
18 of the board, determine when terms of office of each member shall expire
19 as follows: the two trustees receiving the first and second highest
20 number of votes shall serve for four years, the two trustees receiving
21 the third and fourth highest number of votes shall serve for three
22 years, the two trustees receiving the fifth and sixth highest number of
23 votes shall serve for two years, and the trustee receiving the seventh
24 highest number of votes shall serve for one year.
25 As vacancies occur, trustees shall be elected at the annual election
26 provided for by this act to serve four year terms by the voters of the
27 library district hereby created, such terms to commence on the first day
28 of the month next following the election. Only qualified voters of the
29 district shall be eligible for election to the board of trustees. The
30 board of trustees at its first meeting each year shall elect or appoint
31 a president and vice-president who shall be members of the board and a
32 secretary, treasurer, and such other officers as they deem necessary. If
33 the board so determines, the offices of secretary and treasurer may be
34 held by individuals who are not members of the board of trustees and, in
35 that event, such officer may, if the board so determines, receive
36 compensation as fixed by resolution of the board.
37 § 4. Finances. 1. The initial budget for the Plattekill library
38 district shall be determined by a vote of the voters of the district in
39 the initial election as hereinafter provided for. All future budgets
40 that increase or decrease the Plattekill library proposed total operat-
41 ing expenditures over the total operating expenditures in the last
42 preceding fiscal year's budget shall be submitted to the residents
43 voting at the annual election of trustees pursuant to section two of
44 this act. Funds voted for library purposes at the initial election and
45 at all future budget elections shall be considered an annual appropri-
46 ation therefor and shall be levied and collected yearly in the same
47 manner and at the same time as other taxes in the town of Plattekill.
48 2. The board of trustees shall annually file with the clerk of the
49 town of Plattekill, on or before the first day of October, an estimate
50 of the proposed budget, including costs of library services, to be
51 raised by levy for the library district in the fiscal year beginning on
52 the first day of January of the following year. The town shall not make
53 any change in the estimate of revenues or expenditures submitted by the
54 board of the library district in preparation of its preliminary budget.
55 3. The town board of the town of Plattekill shall levy a tax against
56 the real property lying within the Plattekill library district for the
A. 9636--A 4
1 amount to be raised by tax as contained in the annual budget of the
2 Plattekill library district. The town board may issue tax anticipation
3 notes, revenue anticipation notes, and budget notes pursuant to article
4 II of the local finance law to obtain the necessary moneys therefor.
5 4. The town board of the town of Plattekill shall have the power to
6 authorize, sell, and issue bonds, notes, and other evidences of indebt-
7 edness pursuant to the local finance law in order to permit the library
8 district to provide facilities or improved facilities for library
9 purposes. Upon written request from the board of trustees of the Platte-
10 kill library district, after approval by the qualified voters of such
11 district, the town board shall authorize, sell, and issue such bonds,
12 notes, or other evidences of indebtedness as are necessary to accomplish
13 the improvements specified in the notice. The proceeds of such bonds,
14 notes, or other evidences of indebtedness shall be paid to the treasurer
15 of the Plattekill library district and maintained in a segregated
16 account in accordance with section 165.00 of the local finance law and
17 expended by the treasurer only on specific authorization by the board of
18 trustees.
19 5. The board of trustees of the Plattekill library district may accept
20 on behalf of the district any absolute gift, devise, or bequest of real
21 or personal property and such conditional gifts, devises, or bequests as
22 it shall by resolution approve.
23 6. The treasurer of the Plattekill library district shall be custodian
24 of all funds of the library district, including gifts and trust funds
25 paid over to the trustees. The board of trustees may authorize the
26 investment of funds in the custody of the treasurer in the same manner
27 in which school district funds may be invested. Proceeds of obligations
28 received from the town may be invested in accordance with section 165.00
29 of the local finance law. The town of Plattekill shall promptly pay over
30 to the Plattekill library district all moneys which belong to or are
31 raised for the library district. No moneys shall be disbursed by the
32 treasurer of the library district except after audit by the board of
33 trustees. The board of trustees of the Plattekill library district shall
34 audit all claims and shall order the payment thereof, except as other-
35 wise provided by this section. No such claims shall be audited or
36 ordered paid by the trustees unless an itemized voucher therefor shall
37 be presented to the board of trustees for audit and allowance. The
38 provisions of this section shall not be applicable to payment of claims
39 of fixed salaries and amounts which the library districts may be
40 required to pay on account of retirement contributions for past or
41 current services to officers and employees of the library district. The
42 treasurer shall keep such records in such manner as the board of trus-
43 tees may require.
44 § 5. Charter, commencement of operations, and transfer of property and
45 employees. The initially elected trustees shall, within thirty days from
46 the date of approval of the library district by the voters of the
47 district, apply to the board of regents for a charter as a public
48 library. On January 1, 2003, upon the granting of such a charter by the
49 board of regents, then title to all liabilities and assets, including
50 all property, real and personal, and all other tangible and intangible
51 property, trust and other funds, and all other obligations, now held by
52 the Plattekill library shall be transferred to, vested in, and be
53 acquired by the Plattekill library district as established by this act.
54 Upon the granting of such charter by the board of regents, all employees
55 of the Plattekill library shall become employees of the library district
A. 9636--A 5
1 upon the same terms and conditions of employment and at the same rate of
2 pay as their previous employment by the Plattekill library.
3 § 6. Ad valorem levy. The several lots and parcels of land within the
4 area of said public library district are hereby determined to be bene-
5 fited by the library facilities and devices existing as of the effective
6 date of this act, and the town of Plattekill is hereby authorized to
7 assess, levy, and collect the necessary expenses of operation, mainte-
8 nance, and repair of such facilities and services and such capital
9 improvements, including debt service on bonds, notes, or other evidences
10 of indebtedness of the town issued for the purpose of the Plattekill
11 library district, as may be hereafter authorized pursuant to the
12 provisions of this act from such lots and parcels of land in the same
13 manner and at the same time as other town charges.
14 § 7. Education law. Except as otherwise provided by this act, the
15 provisions of the education law relating to public libraries shall be
16 applicable to the Plattekill library district established by this act.
17 § 8. This act shall take effect immediately.
