S08116 Summary:

BILL NOS08116B
 
SAME ASSAME AS A10331-B
 
SPONSORJACOBS
 
COSPNSR
 
MLTSPNSR
 
 
Relates to authorizing the town of Tonawanda, county of Erie, to alienate certain parcels of land used as parklands for the placement and operation of a cellular tower facility.
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S08116 Actions:

BILL NOS08116B
 
03/29/2018REFERRED TO LOCAL GOVERNMENT
04/26/2018AMEND AND RECOMMIT TO LOCAL GOVERNMENT
04/26/2018PRINT NUMBER 8116A
06/04/2018AMEND AND RECOMMIT TO LOCAL GOVERNMENT
06/04/2018PRINT NUMBER 8116B
06/12/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/12/2018ORDERED TO THIRD READING CAL.1729
06/12/2018HOME RULE REQUEST
06/12/2018PASSED SENATE
06/12/2018DELIVERED TO ASSEMBLY
06/12/2018referred to ways and means
06/20/2018substituted for a10331b
06/20/2018ordered to third reading rules cal.413
06/20/2018home rule request
06/20/2018passed assembly
06/20/2018returned to senate
12/18/2018DELIVERED TO GOVERNOR
12/28/2018SIGNED CHAP.496
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S08116 Committee Votes:

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S08116 Floor Votes:

DATE:06/20/2018Assembly Vote  YEA/NAY: 126/17
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
No
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
No
Barrett
No
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
No
Barron
Yes
DenDekker
Yes
Hikind
No
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
No
Dilan
Yes
Hunter
Yes
Montesano
ER
Richardson
Yes
Walker
No
Blake
No
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
No
Rosenthal D
Yes
Walter
Yes
Brabenec
No
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
No
Weinstein
Yes
Braunstein
ER
Epstein
Yes
Johns
Yes
Niou
No
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
No
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
No
Simon
Yes
Mr. Speaker
No
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
No
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
No
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages

‡ Indicates voting via videoconference
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S08116 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8116--B
 
                    IN SENATE
 
                                     March 29, 2018
                                       ___________
 
        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  authorizing  the alienation of certain parklands in the town of
          Tonawanda, county of Erie
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  (a)  Subject  to  the provisions of this act, the town of
     2  Tonawanda, in the county of Erie, acting by and  through  its  governing
     3  body,  and upon such terms and conditions as determined by such body, is
     4  hereby authorized to discontinue as  parklands  and  to  lease  at  fair
     5  market  value  to  Upstate  Tower  Company, LLC for a term not to exceed
     6  thirty years the lands more particularly described  in  section  two  of
     7  this  act  for  the placement and operation of a wireless communications
     8  facility.
     9    (b) All proceeds from such lease shall be used for acquisition of  new
    10  parklands  and/or  towards  capital  improvements  to  existing park and
    11  recreational facilities.
    12    § 2. The lands authorized by section one of this act to be  discontin-
    13  ued as parklands are described as follows:
    14    All  that piece or parcel of property situated in the Town of Tonawan-
    15  da, County of  Erie  and  State  of  New  York,  and  more  particularly
    16  described as follows:
    17    Beginning  at  the  intersection  formed by the centerline of Brompton
    18  Road (49.5 feet wide) and the centerline of Parker Boulevard;
    19    Thence North 86 degrees 53 minutes 32 seconds West a distance of  1592
    20  +/- feet to the true point of beginning;
    21    Thence  South  00  degrees 12 minutes 19 seconds West a distance of 50
    22  feet to a point;
    23    Thence North 89 degrees 47 minutes 41 seconds West a  distance  of  50
    24  feet to a point;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15212-15-8

        S. 8116--B                          2
 
     1    Thence  North  00  degrees 12 minutes 19 seconds East a distance of 50
     2  feet to a point;
     3    Thence  South  89  degrees 47 minutes 41 seconds East a distance of 50
     4  feet to the place and point of beginning;
     5    Said parcel containing 2,500 square feet (0.057 acres).
     6    Together with an access easement, bounded and described as follows:
     7    Beginning at a point in the south highway boundary  line  of  Brompton
     8  Road,  said  point  being North 69 degrees 39 minutes 15 seconds West, a
     9  distance of 1414 +/- feet from the intersection formed by the centerline
    10  of Brompton Road (49.5 feet wide) and the centerline  of  Parker  Boule-
    11  vard;
    12    Thence South 21 degrees 21 minutes 20 seconds West a distance of 54.30
    13  feet to a point;
    14    Thence South 15 degrees 13 minutes 31 seconds West a distance of 90.98
    15  feet to a point;
    16    Thence South 29 degrees 47 minutes 25 seconds West a distance of 48.75
    17  feet to a point;
    18    Thence  South  89  degrees  57  minutes  25 seconds West a distance of
    19  175.76 feet to a point;
    20    Thence South 00 degrees 12 minutes  19  seconds  West  a  distance  of
    21  274.50 feet to a point;
    22    Thence  North  89  degrees 47 minutes 41 seconds West a distance of 20
    23  feet to a point;
    24    Thence North 00 degrees 12 minutes  19  seconds  East  a  distance  of
    25  294.41 feet to a point;
    26    Thence  North  89  degrees  57  minutes  25 seconds East a distance of
    27  184.09 feet to a point;
    28    Thence North 29 degrees 47 minutes 25 seconds East a distance of 34.61
    29  feet to a point;
    30    Thence North 15 degrees 13 minutes 31 seconds East a distance of 89.50
    31  feet to a point;
    32    Thence North 21 degrees 21 minutes 20 seconds East a distance of 55.53
    33  feet to a point in the south highway boundary line of Brompton Road;
    34    Thence South 68 degrees 10 minutes 54 seconds East a  distance  of  20
    35  feet to the place and point of beginning;
    36    Said parcel containing 13,024 square feet (0.299 acres).
    37    § 3. Should the lands described in section two of this act cease to be
    38  used  for  the  purposes described in section one of this act, the lease
    39  shall terminate and those lands shall revert to the  town  of  Tonawanda
    40  for  public  park  and recreational purposes. At the time of such rever-
    41  sion, the removal of such wireless communications  facility  shall  take
    42  place and the property shall be returned to its previous state, consist-
    43  ent with park and recreational purposes.
    44    §  4.  In  the  event  that the town of Tonawanda received any funding
    45  support or assistance from the  federal  government  for  the  purchase,
    46  maintenance  or improvement of the parklands set forth in section two of
    47  this act, the discontinuance and alienation of such parklands authorized
    48  by the provisions of this act shall not occur until the town of Tonawan-
    49  da has complied with any federal requirements pertaining to  the  alien-
    50  ation  or  conversion of such 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  the substitution of other lands shall be equivalent in fair market value
    54  and usefulness to the lands being alienated or converted.
    55    § 5. This act shall take effect immediately.
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