Creates the Norwood Public Library, a public library district including the areas of the towns of Potsdam and Stockholm that lie within the Norwood-Norfolk school district.
STATE OF NEW YORK
________________________________________________________________________
8068--A
2011-2012 Regular Sessions
IN ASSEMBLY
May 27, 2011
___________
Introduced by M. of A. RUSSELL -- read once and referred to the Commit-
tee on Libraries and Education Technology -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT in relation to creating the Norwood public library in the towns
of Potsdam and Stockholm, county of St. Lawrence; and to amend chapter
672 of the laws of 1993, amending the public authorities law relating
to the construction and financing of facilities for certain public
libraries, in relation to including the Norwood public library within
the provisions of such chapter
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Creation of public 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 county of St. Lawrence, a
4 public library district which shall include the areas of the towns of
5 Potsdam and Stockholm that lie within the Norwood-Norfolk School
6 District. The public library district shall be known as the Norwood
7 public library.
8 § 2. Election. 1. The public library district described in this act
9 shall not come into existence unless and until it is approved and the
10 initial proposed budget is approved by a vote of the majority of the
11 qualified voters voting in an election held pursuant to the following
12 provisions:
13 Upon receipt of a petition signed by not less than fifty voters quali-
14 fied to vote at a general town election, the board of trustees of the
15 existing Norwood Library shall give notice and hold a public hearing
16 regarding this proposal to create a public library district, not less
17 than thirty days prior to an election to be held on or before November
18 5, 2013. If a majority of the voters approve the formation of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11837-02-1
A. 8068--A 2
1 district, then the district shall come into existence on the terms and
2 conditions set forth in this act. At such election the issue shall be:
3 (a) whether the public library district therein described with the
4 initial budget therefor proposed by the board of trustees of the Norwood
5 Library shall be created or not; and
6 (b) the election of nine trustees as provided by this act.
7 The trustees of the existing Norwood Library shall give notice of such
8 election by the publication of a notice in one or more newspapers having
9 a general circulation in the district to be served. The first publica-
10 tion of such notice shall be not less than thirty days prior to the date
11 of such election. In addition, the board of trustees of the existing
12 Norwood Library shall cause copies of such notice to be posted conspicu-
13 ously in three public places in the district at least thirty days prior
14 to the date of such election. Such notice shall specify the time when
15 and the place where such election will be held, the issues to be decided
16 at such election and the hours during which polls will be open for the
17 receipt of ballots thereof at all elections from 7:00 a.m. until 8:00
18 p.m. The board of trustees of the existing Norwood Library shall desig-
19 nate a resident qualified voter of such district to act as chairperson
20 of any election of such district and shall designate not less than two
21 nor more than four resident qualified voters to act as election inspec-
22 tors and ballot clerks at such elections. No trustee shall serve as
23 chairperson or as an election inspector or ballot clerk. The board of
24 trustees may adopt a resolution providing that such chairperson,
25 election inspectors and ballot clerks shall be paid for their respective
26 services at the initial election. Such resolution, if adopted, may fix
27 reasonable compensation for the services of such officials. Every voter
28 of the district, otherwise qualified to vote at a town election shall be
29 qualified to vote at such election. After the polls have closed at such
30 election, the election inspectors and the ballot clerks shall immediate-
31 ly canvass publicly the ballots cast and the chairperson of the election
32 shall publicly announce the result. Within seventy-two hours thereafter,
33 the chairperson, election inspectors and ballot clerks shall execute and
34 file a certificate of the result of the canvass with the board of trus-
35 tees and the town clerks of Potsdam and Stockholm.
36 2. In the event that the district is created, there shall be an annual
37 election conducted by the board of trustees of the Norwood public
38 library in accordance with the provisions of subdivision one of this
39 section, at a time to be set by the board, at which election vacancies
40 on the board of trustees shall be filled and at which any proposed budg-
41 et which the board shall determine to submit to the voters pursuant to
42 section four of this act shall be submitted to the voters.
43 3. Candidates for the office of member of the board of trustees of the
44 Norwood public library shall be nominated by petition. No vacancy on the
45 board of trustees to be filled shall be considered a separate specific
46 office. A separate petition shall be required to nominate each candidate
47 for a vacancy on the board. Each petition shall be directed to the
48 secretary of the board of trustees, shall be signed by at least 50 qual-
49 ified voters of the district, shall state the residence of each signer,
50 and shall state the name and residence of the candidate. In the event
51 that any such nominees shall withdraw candidacy prior to the election,
52 such person shall not be considered a candidate unless a new petition
53 nominating such person in the same manner and within the same time limi-
54 tation applicable to other candidates is filed with the secretary of the
55 board of trustees. Each petition shall be filed with the secretary of
56 the board of trustees between the hours of 9:00 a.m. and 5:00 p.m., not
A. 8068--A 3
1 later than the thirtieth day preceding the election at which time the
2 candidates nominated are to be elected. In the event the Norwood public
3 library is created, petitions nominating candidates for the board of
4 trustees after the initial election shall be filed with the secretary of
5 the Norwood public library.
6 4. At any election in such district, the voters may adopt a proposi-
7 tion providing that, in all subsequent elections, vacancies on the board
8 of trustees shall be considered separate specific offices and that the
9 nominating petitions shall describe the specific vacancy upon the board
10 of trustees for which the candidate is nominated, which description
11 shall include at least the length of the term of the office and the name
12 of the last incumbent, if any. No person shall be nominated for more
13 than one specific office. Such procedure shall be followed with respect
14 to all nominations and elections in subsequent years until and unless
15 such proposition is repealed by the electors of the district at a regu-
16 lar election by adoption of a proposition to repeal the same.
17 § 3. Organization and structure. The Norwood public library shall be
18 managed, operated and controlled by a board of trustees consisting of
19 nine members, but in no event shall the board of trustees consist of
20 fewer than five members or more than fifteen. The trustees shall at the
21 first regular meeting of the board determine by lot the year in which
22 each of their terms of office expire, and the terms shall expire as
23 follows: after one year three trustees; after two years three trustees;
24 after three years three trustees.
25 As vacancies occur trustees shall be elected at the annual election
26 provided for by this act to serve three year terms by the voters of the
27 public library district hereby created, such terms to commence on the
28 first day of the month next following the election. Only qualified
29 voters of the district shall be eligible for election to the board of
30 trustees. The board of trustees at its first meeting each year shall
31 elect or appoint a president and vice-president who shall be members of
32 the board and a secretary, treasurer and such other officers as they
33 deem necessary. If the board so determines, the offices of secretary and
34 treasurer may be held by individuals who are not members of the board of
35 trustees and, in that event, such officer may, if the board so deter-
36 mines, receive compensation as fixed by resolution of the board.
37 § 4. Finances. 1. The initial budget for the Norwood public library
38 shall be determined by a vote of the voters of the district in the
39 initial election as hereinafter provided for. All future budgets that
40 increase the Norwood public library proposed total operating expendi-
41 tures over the total operating expenditures in the last preceding fiscal
42 year's budget shall be submitted to the residents voting at the annual
43 election of trustees pursuant to section two of this act. Funds voted
44 for library purposes at the initial election and at all future budget
45 elections shall be considered an annual appropriation therefor and shall
46 be levied and collected yearly in the same manner and at the same time
47 as other taxes in the towns of Potsdam and Stockholm.
48 2. The board of trustees shall annually file with the clerk of the
49 towns of Potsdam and Stockholm on or before the first day of August an
50 estimate of the proposed budget, including costs of library services, to
51 be raised by levy for the library district in the fiscal year beginning
52 on the first day of January of the following year. The town shall not
53 make any change in the estimate of revenues or expenditures submitted by
54 the board of the library district in preparation of its preliminary
55 budget.
A. 8068--A 4
1 3. The town boards of the towns of Potsdam and Stockholm shall levy a
2 tax against the real property lying within the Norwood-Norfolk School
3 District for the amount to be raised by tax as contained in the annual
4 budget of the Norwood public library. The town board may issue tax
5 anticipation notes, anticipation revenue notes and budget notes pursuant
6 to article 2 of the local finance law to obtain the necessary moneys
7 therefor.
8 4. The town boards of the towns of Potsdam and Stockholm shall have
9 the power to authorize, sell and issue bonds, notes and other evidences
10 of indebtedness pursuant to the local finance law in order to permit the
11 Norwood public library to provide facilities or improved facilities for
12 library purposes. Upon written request from the board of trustees of the
13 Norwood public library, after approval by the qualified voters of such
14 district, the town board shall authorize, sell and issue such bonds,
15 notes or other evidences of indebtedness as are necessary to accomplish
16 the improvements specified in the notice. The proceeds of such bonds,
17 notes or other evidences of indebtedness shall be paid to the treasurer
18 of the Norwood public library and maintained in a segregated account in
19 accordance with section 165.00 of the local finance law and expended by
20 the treasurer only on specific authorization by the board of trustees.
21 5. The board of trustees of the Norwood public library may accept on
22 behalf of the district any absolute gift, devise or bequest of real or
23 personal property and such conditional gifts, devises or bequests as it
24 shall by resolution approve.
25 6. The treasurer of the Norwood public library shall be custodian of
26 all funds of the library district, including gifts and trust funds paid
27 over to the trustees. The board of trustees may authorize the investment
28 of funds in the custody of the treasurer in the same manner in which
29 school district funds may be invested. Proceeds of obligations received
30 from the town may be invested in accordance with section 165.00 of the
31 local finance law. The towns of Potsdam and Stockholm shall promptly pay
32 over to the Norwood public library all moneys which belong to or are
33 raised for the library district. No moneys shall be disbursed by the
34 treasurer of the library district except after audit by the board of
35 trustees. The board of trustees of the Norwood library district shall
36 audit all claims and shall order the payment thereof, except as other-
37 wise provided by this section. No such claims shall be audited or
38 ordered paid by the trustees unless an itemized voucher therefor shall
39 be presented to the board of trustees for audit and allowance. The
40 provisions of this section shall not be applicable to payment of claims
41 of fixed salaries and amounts which the library districts may be
42 required to pay on account of retirement contributions for past or
43 current services to officers and employees of the library district. The
44 treasurer shall keep such records in such manner as the board of trus-
45 tees may require.
46 § 5. Charter, commencement of operations, and transfer of property and
47 employees. The initial elected trustees shall, within thirty days from
48 the date of approval of the library district by the voters of the
49 district, apply to the board of regents for a charter as a public
50 library. Upon the granting of such a charter by the board of regents,
51 the existing Norwood Library shall be deemed dissolved, and title to all
52 liabilities and assets, including all property, real and personal, and
53 all other tangible and intangible property, trust and other funds, and
54 all other obligations, now held by the Norwood Library shall be trans-
55 ferred to, vested in, and acquired by the Norwood public library estab-
56 lished by this act. Upon the granting of such charter by the board of
A. 8068--A 5
1 regents, all employees of the Norwood Library shall become employees of
2 the Norwood public library upon the same terms and conditions of employ-
3 ment and at the same rate of pay as their previous employment by Norwood
4 Library.
5 § 6. Ad valorem levy. The several lots and parcels of land within the
6 area of such public library district are hereby determined to be bene-
7 fited by the library facilities and devices existing as of the effective
8 date of this act and the towns of Potsdam and Stockholm are hereby
9 authorized to assess, levy and collect the necessary expenses of opera-
10 tion, maintenance and repair of such facilities and services and such
11 capital improvements, including debt service on bonds, notes or other
12 evidences of indebtedness of the town issued for the purpose of the
13 Norwood public library as may be hereafter authorized pursuant to the
14 provisions of this act from such lots and parcels of land within the
15 library district in the same manner and at the same time as other town
16 charges.
17 § 7. Education law. Except as otherwise provided by this act, the
18 provisions of the education law relating to public libraries shall be
19 applicable to the Norwood public library established by this act.
20 § 8. Section 5 of chapter 672 of the laws of 1993, amending the public
21 authorities law relating to the construction and financing of facilities
22 for certain public libraries, as separately amended by chapter 417 and
23 501 of the laws of 2010, is amended as follows:
24 § 5. The following libraries shall be eligible public libraries for
25 purposes of title 4 of article 8 of the public authorities law:
26 Comsewogue Public Library
27 Rogers Memorial Library Company
28 Hendrick Hudson Free Library
29 Riverhead Free Library
30 Northern Onondaga Public Library District
31 Suffern Free Library
32 Haverstraw King's Daughters Public Library
33 Crandall Public Library
34 Sayville Library
35 Monroe Free Library
36 Harborfields Public Library
37 Howland Public Library
38 Patchogue-Medford Library
39 New City Library
40 Babylon Public Library
41 Lindenhurst Memorial Library
42 Great Neck Library
43 Caledonia Public Library
44 Bayport-Blue Point Public Library
45 The Bryant Library
46 Swan Library
47 Bay Shore-Brightwaters Public Library
48 The Albany Public Library
49 Elwood Public Library
50 Peninsula Public Library
51 Smithtown Special Library District
52 Goshen Public Library and Historical Society
53 The Hauppauge Public Library
54 The Nyack Library
55 North Merrick Public Library
56 Southold Free Library
A. 8068--A 6
1 The Hampton Library in Bridgehampton, Inc.
2 John Jermain Memorial Library
3 Westhampton Free Library
4 The Plainview-Old Bethpage Public Library
5 Commack Public Library
6 Troy Public Library
7 Brunswick Community Library District
8 D.R. Evarts Library District
9 Norwood Public Library
10 § 9. This act shall take effect immediately.
