A10045 Summary:

Authorizes the creation of the Gold Coast public library district by voters of the towns of Oyster Bay and North Hempstead in the county of Nassau; provides for the election of trustees and the administration of such library district.
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A10045 Actions:

03/13/2000referred to local governments
03/28/2000reference changed to libraries and education technology
06/05/2000amend (t) and recommit to libraries and education technology
06/05/2000print number 10045a
06/06/2000reported referred to ways and means
06/12/2000reported referred to rules
06/13/2000rules report cal.1099
06/13/2000substituted by s6929a
 04/18/2000PASSED SENATE
 04/18/2000referred to libraries and education technology
 06/05/2000returned to senate
 06/12/2000referred to ways and means
 06/13/2000substituted for a10045a
 06/13/2000ordered to third reading rules cal.1099
 06/13/2000passed assembly
 06/13/2000returned to senate
 08/16/2000SIGNED CHAP.233
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A10045 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     March 13, 2000
        Introduced by M. of A. SIDIKMAN -- read once and referred to the Commit-
          tee  on  Local  Governments  --  reference changed to the Committee on
          Libraries and  Education  Technology  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        AN ACT in relation to authorizing the town boards of the towns of Oyster

          Bay and North Hempstead, county of Nassau, to establish the Gold Coast
          public library district
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Gold Coast public library district act".
     3    § 2. Establishment. Notwithstanding the  provisions  of  any  general,
     4  special or local law to the contrary, there is hereby created and estab-
     5  lished  in the towns of Oyster Bay and North Hempstead, Nassau county, a
     6  public library district which shall include  the  geographic  boundaries
     7  consisting  of all of that part of central school district number one in
     8  the towns of Oyster Bay and North Hempstead  exclusive  of  the  portion
     9  thereof  within  the incorporated village of Sea Cliff, the area of said

    10  public library district being bounded on the north by said  incorporated
    11  village of Sea Cliff and by the city school district of the city of Glen
    12  Cove  also  known  as school district number five, on the east by Locust
    13  Valley central school district number three, on  the  south  by  Jericho
    14  union  free  school district number fifteen and Roslyn union free school
    15  district number three, and on the  west  by  Hempstead  Harbor  and  the
    16  incorporated village of Sea Cliff.
    17    §  3.  Election.  1. The public library district described in this act
    18  shall not come into existence unless and until it is approved,  and  the
    19  initial  proposed  budget  is approved, by a vote of the majority of the
    20  qualified voters voting in an election held pursuant  to  the  following
    21  provisions.  Upon  receipt  of  a  petition  signed by not less than one

    22  hundred voters qualified to vote at a general election, the town  boards
    23  of  the  towns of Oyster Bay and North Hempstead shall give notice of an
    24  election. If a majority of the voters  at  said  election  approved  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10045--A                         2
     1  formation  of  the district, then the district shall come into existence
     2  on the terms and conditions set forth hereinafter. At said election  the
     3  issues  shall  be:  (a) whether the public library district described in
     4  this  act  shall  be  created  or  not;  (b) whether the budget therefor
     5  proposed shall be approved or disapproved; and (c) the election of  nine

     6  trustees as further provided by this act. The town board shall designate
     7  a  polling  place  which  is  centrally located and accessible. The town
     8  boards shall give notice of said election by the publication of a notice
     9  in one or more newspapers having a general circulation in  the  district
    10  to  be  served.  The  first publication of such notice shall be not less
    11  than thirteen days and not more than twenty days prior to  the  date  of
    12  such  election.  In  addition, the town board shall cause copies of such
    13  notice to be posted conspicuously  in  five  public  places  within  the
    14  proposed  district  at  least  thirteen  days  prior to the date of such
    15  election. Such notice shall specify the time when and  the  place  where
    16  such  election  will  be held, the issues to be decided at said election
    17  and the hours during which polls will be open for the receipt of ballots

    18  thereof. The town boards shall designate a resident qualified  voter  of
    19  such district to act as chairperson of any election of such district and
    20  shall  designate not less than two nor more than four resident qualified
    21  to act as election inspectors and ballot clerks at such elections. Every
    22  voter, otherwise qualified to vote at a general election within the area
    23  of the proposed district shall be qualified to vote  at  said  election.
    24  After  the  polls  have closed at said election, the election inspectors
    25  and the ballot clerks shall immediately  canvass  publicly  the  ballots
    26  cast  and  the  chairperson  of the election shall publicly announce the
    27  result. Within seventy-two hours thereafter, the  chairperson,  election
    28  inspectors and ballot clerks shall execute and file a certificate of the
    29  result  of  the  canvass with the town clerks of the towns of Oyster Bay

    30  and North Hempstead.
    31    2. In the event that the district is created, there shall be an annual
    32  election conducted by the board of trustees of the  Gold  Coast  library
    33  district  in  accordance  with the provisions of subdivision one of this
    34  section, at which election vacancies on the board of trustees  shall  be
    35  filled  and at which any proposed budget which the board shall determine
    36  to submit to the voters pursuant to section five of this  act  shall  be
    37  submitted to the voters.
    38    3. Candidates for the office of member of the board of trustees of the
    39  library  district  shall  be  nominated by petition. A separate petition
    40  shall be required to nominate each candidate for a vacancy on the board.
    41  Each petition shall be directed to the town clerk of Oyster  Bay,  shall
    42  be  signed  by  at  least  fifty qualified voters of the district, shall

    43  state the residence of each signer, and shall state the name  and  resi-
    44  dence  of  the candidate. In the event that any such nominee shall with-
    45  draw candidacy prior to the election, such person shall not  be  consid-
    46  ered  a candidate unless and until a new petition nominating such person
    47  in the same manner and within the same  time  limitation  applicable  to
    48  other candidates is filed with the town clerk of the town of Oyster Bay.
    49  Each  petition  shall be filed with the town clerk of Oyster Bay between
    50  the hours of 9:00 a.m. and 5:00 p.m., not later than the thirteenth  day
    51  preceding  the election at which time the candidates nominated are to be
    52  elected. In the event the  district  is  created,  petitions  nominating
    53  candidates for the board of trustees after the initial election shall be
    54  filed with the secretary of the Gold Coast public library district.

    55    4.  No  vacancy on the board of trustees to be filled shall be consid-
    56  ered a separate specific office. At any election in such  district,  the

        A. 10045--A                         3
     1  voters  may  adopt  a  proposition  providing  that,  in  all subsequent
     2  elections, vacancies on the board of trustees shall be considered  sepa-
     3  rate  specific  offices and that the nominating petitions shall describe
     4  the  specific vacancy upon the board of trustees for which the candidate
     5  is nominated, which description shall include at least the length of the
     6  term of the office and the name of the last incumbent, if any. No person
     7  shall be nominated for more than one  specific  office.  Such  procedure
     8  shall  be  followed  with  respect  to  all nominations and elections in
     9  subsequent years until and unless such proposition is  repealed  by  the

    10  electors of the district at a regular election by adoption of a proposi-
    11  tion to repeal the same.
    12    §  4.  Organization  and  structure.  The  library  district  shall be
    13  managed, operated and controlled by a board of  trustees  consisting  of
    14  nine  members.  The  trustees  shall at the first regular meeting of the
    15  board determine when terms of office of each member  shall  expire.  The
    16  term of three trustees shall expire on the last day in the second Decem-
    17  ber after the establishment of the library district and each year there-
    18  after  the term of three trustees shall expire. As vacancies occur trus-
    19  tees shall be elected at an annual election to  be  held  on  the  first
    20  Tuesday  in the month of December. Only qualified voters of the district
    21  shall be eligible for election to the board of trustees.  The  board  of

    22  trustees  at its first meeting each year shall elect or appoint a presi-
    23  dent and vice-president who shall be members of the board and  a  secre-
    24  tary,  treasurer  and such other officers as they deem necessary. If the
    25  board so determines, the offices of secretary and treasurer may be  held
    26  by individuals who are not members of the board of trustees and, in that
    27  event,  such  officer  may,  if the board so determines, receive compen-
    28  sation as fixed by resolution of the board.
    29    § 5. Finances. 1. The initial budget for the library district shall be
    30  determined by a vote of the  voters  of  the  district  in  the  initial
    31  election  as  provided for in this act. All future budgets that increase
    32  or decrease the library district's proposed total operating expenditures
    33  over the total operating  expenditures  in  the  last  preceding  fiscal

    34  year's  budget  shall be submitted to the residents voting at the annual
    35  election of trustees pursuant to section three of this act. Funds  voted
    36  for  library  purposes  at the initial election and at all future budget
    37  elections shall be considered an annual appropriation therefor and shall
    38  be levied and collected yearly in the same manner and at the  same  time
    39  as other taxes in the municipalities served by the district.
    40    2. The board of trustees shall annually file with the clerk of each of
    41  the  municipalities  within  the  district on or before the first day of
    42  February an estimate of the proposed budget including costs of providing
    43  library services to be raised by levy for the library  district  in  the
    44  fiscal  year beginning on the first day of July of that year.  The muni-
    45  cipalities shall not make any change in  the  estimate  of  revenues  or

    46  expenditures  submitted by the board of the library district in prepara-
    47  tion of its preliminary budget.
    48    3. The towns of Oyster Bay and North Hempstead shall each levy  a  tax
    49  against  the  real  property  lying  within the library district for the
    50  amount to be raised by tax as contained in the annual budget of the Gold
    51  Coast public library district.
    52    4. The board of trustees of the library district may accept on  behalf
    53  of the district any absolute gift, devise or bequest of real or personal
    54  property  and such conditional gifts, devises or bequests as it shall by
    55  resolution approve.

        A. 10045--A                         4
     1    5. The treasurer of the library district shall  be  custodian  of  all
     2  funds  of the library district including gifts and trust funds paid over

     3  to the trustees. The board of trustees may authorize the  investment  of
     4  funds in the custody of the treasurer in the same manner in which school
     5  district  funds may be invested. Proceeds of obligations may be invested
     6  in accordance with section 165.00 of the local finance  law.  No  moneys
     7  shall be disbursed by the treasurer of the library district except after
     8  audit  by  the  board  of trustees. The board of trustees of the library
     9  district shall audit all claims and shall  order  the  payment  thereof,
    10  except  as  otherwise  provided by this section. No such claims shall be
    11  audited or ordered paid by  the  trustees  unless  an  itemized  voucher
    12  therefor  shall  be  presented  to  the  board of trustees for audit and
    13  allowance. The provisions of this section shall  not  be  applicable  to
    14  payment  of  claims  of  fixed  salaries  and  amounts which the library

    15  district may be required to pay on account of  retirement  contributions
    16  for  services  to  officers  and  employees of the library district. The
    17  treasurer shall keep records in such manner as the board of trustees may
    18  require.
    19    § 6. Library services. 1. The board of  trustees  of  the  Gold  Coast
    20  library district shall have the authority to provide library services to
    21  the  residents of the district by contracting for same with the trustees
    22  of any public or free association library registered with the  board  of
    23  regents  of the university of the state of New York, or with any munici-
    24  pal or district body having control of a public library registered  with
    25  the board of regents of the university of the state of New York, or with
    26  the trustees of a cooperative library system approved by the commission-
    27  er  of  education  to  furnish  library  services  to  the people of the

    28  district for whose benefit the contract is made, under  such  terms  and
    29  conditions as may be stated in such contract.
    30    2.  The  contract shall not be entered into until a public hearing has
    31  been held by the board of trustees.  Notice  of  the  hearing  shall  be
    32  published  at least once in at least one newspaper having general circu-
    33  lation in the district.   The notice shall specify  the  time  when  and
    34  place  where the hearing will be held, and describe in general terms the
    35  proposed contract.  The first publication shall be  at  least  ten  days
    36  prior to the date specified for the hearing.
    37    3.  Ratification of the contract shall not take place unless and until
    38  the board of trustees of the Gold Coast library district and  the  board
    39  of  trustees  of the library or library system with which the Gold Coast
    40  library district intends to contract have both approved such contract by

    41  a majority vote.
    42    4.  The term of the contract shall be for a definite period  of  time,
    43  but in no event shall the term exceed five years.
    44    5.  By  mutual  consent of the contracting parties, and after a public
    45  hearing held pursuant to  notice  in  the  manner  aforesaid,  any  such
    46  contract  may  be  (a) entered into, (b) amended, (c) terminated, or (d)
    47  terminated and a new contract may be entered into in  lieu  thereof,  if
    48  the  board  of  trustees  of the Gold Coast library district, after such
    49  hearing, shall determine, by resolution, that it is in the public inter-
    50  est to do so. Such notice shall state in general terms  the  reason  why
    51  any  existing  contract  is  to  be  amended or terminated, and if a new
    52  contract is to be entered into the notice shall also  describe  the  new
    53  contract in general terms.

    54    6.  Within  ten  days  after  the  signing  of the contract to provide
    55  library services, a copy of the contract shall  be  filed  by  the  town

        A. 10045--A                         5
     1  clerk of the town of Oyster Bay with the division of library development
     2  at the education department of the state of New York.
     3    7.  Any  amount  agreed to be paid for library services under any such
     4  contract shall be a charge upon the  Gold  Coast  library  district  and
     5  shall be paid directly to the treasurer of the free association library,
     6  public library, or the cooperative library system which is providing the
     7  contracted services.
     8    8.  The  board  of trustees shall have all other powers as provided by
     9  law.
    10    § 7. Ad valorem levy. The several lots and parcels of land within  the

    11  area  of  said public library district are hereby determined to be bene-
    12  fited by the library services existing as of the effective date of  this
    13  act  and  the towns of Oyster Bay and North Hempstead are hereby author-
    14  ized to  assess,  levy  and  collect  the  necessary  expenses  of  such
    15  district,  including  debt service on bonds, notes or other evidences of
    16  indebtedness issued for the purpose of the library district  as  may  be
    17  hereafter  authorized  pursuant  to the provisions of this act from such
    18  lots and parcels of land in the same manner and  at  the  same  time  as
    19  other charges.
    20    § 8. This act shall take effect immediately.
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