NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9785
SPONSOR: Woerner TITLE OF BILL:
An act to amend chapter 542 of the laws of 1997 relating to authorizing
the village of Round Lake in the town of Malta and county of Saratoga to
discontinue the use as such of certain park lands no longer needed for
park purposes and to lease the same, in relation to extending the
provisions thereof
PURPOSE OR GENERAL IDEA OF BILL:
In 1997, the State of New York granted the Village of Round Lake the
right, subject to approval by the Village Board, to lease a parcel of
park land for use by a public utility/personal wireless facility,
subject to limitations on use and use of any rent payments received. The
right to lease the parcel was limited to 20 years. Pursuant to this
law, the Village then entered into an Option and Lease Agreement with "
a public utility/personal wireless facility for a term of five years.
Both parties subsequently agreed to renew said lease'for two additional
five-year terms. In 2011, The State of New York extended the period in
which the parcel could be leased to 30 years, and the lease was extended
through April 28, 2028. The public utility/personal wireless facility
has again expressed interest in extending the lease for additional five-
year terms terminating on April 28, 2048. This legislation allows the
Village Board authority to do so and also allows the Village to renego-
tiate at that time for two additional 5-year terms ending on April 28,
2058.
SUMMARY OF PROVISIONS:
Section 1: changes the term for which park land located within the
village of Round Lake may be leased from thirty to sixty years. Section
2 establishes the effective date.
JUSTIFICATION:
This change will allow the Village of Round Lake to continue receipt of
lease revenues, which must be used exclusively for the purchase of new
park land and/or the improvement of existing park land. Further, such
use of this land will have no negative impact on the environment, and in
fact will provide ecological benefits at the expiration of the lease
terms.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9785
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend chapter 542 of the laws of 1997 relating to authorizing
the village of Round Lake in the town of Malta and county of Saratoga
to discontinue the use as such of certain park lands no longer needed
for park purposes and to lease the same, in relation to extending the
provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 542 of the laws of 1997 relating to
2 authorizing the village of Round Lake in the town of Malta and county of
3 Saratoga to discontinue the use as such of certain park lands no longer
4 needed for park purposes and to lease the same, as amended by chapter
5 324 of the laws of 2011, is amended to read as follows:
6 Section 1. Notwithstanding any inconsistent provisions of general,
7 special or local law, rule or regulation to the contrary, the village of
8 Round Lake in the town of Malta and county of Saratoga, acting by and
9 through its village board, is hereby authorized and empowered to discon-
10 tinue as park land and to lease, for a term not in excess of [thirty]
11 sixty years, the lands hereinafter described in section two of this act,
12 which had been acquired, reserved or designated by the village of Round
13 Lake for park and recreational purposes and are no longer needed for
14 said park purposes, for public utility/personal wireless facility
15 purposes for consideration equal to the fair market value of the inter-
16 est to be transferred, upon such terms and conditions as such board of
17 trustees may fix and determine.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14956-01-4
