2012-115
2012-115
Resolution Authorizing Home Rule Request to Permit Grinnell Library to Form a Public
Library Special District
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 12,
2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina (arrived at 7:38 PM)
Michael Kuzmicz
ABSENT:
Ismay Czarniecki
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, at the Town Board Meeting held on February 27, 2012, a presentation on
behalf of Grinnell Library Association was made by Roderick MacLeod, President of Board of
Trustees of the Grinnell Library Association, and Jessica Gonzalez, Executive Director of the
Grinnell Library Association, requesting that the Town Board support the creation of a Library
District for the Grinnell Library; and
WHEREAS, a draft of the Special Legislation being submitted to the New York State
Legislature is attached hereto and marked as Exhibit "A"; and
WHEREAS, the Town Board supports the formation of a Public Library Special District;
and
WHEREAS, the Town Board hereby authorizes Town Supervisor, Barbara A. Gutzler,
to write a letter to Senator Stephen Saland and Assemblyman Joel Miller evidencing the Town
Board's support of such Special District for Public Library purposes in the form attached hereto
as Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board, by adoption of this Resolution evidences its support of the
formation of a Public Library Special District for the Grinnell Library, with the
express understanding that the jurisdictional boundaries of the Special District
shall include the portion of the Village of Wappingers Falls located within the
Town of Wappinger, and all of the Town of Wappinger, except that portion of the
Town of Wappinger which is located within the Beacon School District.
3. The Town Board recognized that the jurisdictional boundaries of the Grinnell
Public Library district shall also include the Village of Wappingers Falls located
in the Town of Poughkeepsie.
The Town Board hereby authorizes Supervisor Barbara A. Gutzler to forward a letter in support
of the formation of the Public Library Special District for the Grinnell Library in the form
attached hereto as Exhibit "B".
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
ABSENT
AYE
Dated: Wappingers Falls, New York
3/12/2012
The Resolution is hereby duly declared adopted.
~
RISTINE FUL TO ,. OWN CLERK
The People of the State of New York. represented in Senate and Assemblv. do enact as
follows:
S 1. Creation of library district. Notwithstanding the provisions of any general, special, or
local law to the contrary, there is hereby created and established in the towns of Wappinger and
Poughkeepsie, county of Dutchess, a public library district which shall consist of the town of
Wappinger, hereinafter referred to as the town, excluding those parcels located within the
Beacon City School District, and the entire village ofWappingers Falls, including the portion of
the village ofWappingers Falls located in the town of Poughkeepsie, hereinafter referred to as
the village, and shall be known as the Grinnell public library district, hereinafter referred to as
the district. The district will operate a public library to be known as the Grinnell public library.
S 2. Election. 1. The district herein described shall not come into existence unless and until it
is approved with the initial budget in support thereof proposed by the board of trustees of the
existing Grinnell library, and nine trustees are elected by a vote of the majority of the qualified
voters voting in an election held, not later than September 30, 2013, pursuant to the following
. . .
provlSlons:
Upon receipt of a petition signed by not less than twenty-five voters qualified to vote at a
general election in the town, the board of trustees of the existing Grinnell library shall conduct an
election at which the issues shall be:
(a) whether the public library district herein described with the initial budget in support thereof
proposed by the bOlITd of trustees of the existing Grinnell library shall be created or not; and
(b) the election of nine trustees as provided by this act.
The board of trustees of the existing Grinnell library shall give notice of such election by
publication of notice at least twice in one or more newspapers having a general circulation in the
district to be served. The first publication of such notice shall be not less than thirteen days and
not more than twenty days prior to the date of such election. In addition, the board of trustees of
the existing Grinnell library shall cause copies of such notice to be posted conspicuously in three
public places in the district at least thirteen days priorto the date of such election. Such notice
shall specify the date and time when and the place where such election will be held and the
issues to be decided at such election. The board of trustees of the existing Grinnell library shall
designate a resident qualified voter of such district to act as chairperson of any election of such
district and shall designate not less than two nor more than four resident qualified voters to act as
election inspectors and ballot clerks at such election. No trustee of the existing Grinnell library
shall serve as chairperson or as an election inspector or ballot clerk. The board of trustees of the
existing Grinnell library may adopt a resolution providing that such chairperson, election
inspectors and ballot clerks shall be paid reasonable compensation for their respective services at
such election. Every voter who is a resident of the district and otherwise qualified to vote at a
general election in the town or village shall be qualified to vote at said election. The board of
trustees of the existing Grinnell library may, to the extent authorized by law, authorize the use of
absentee ballots for the election. After the polls have closed at such election, the election
inspectors and the ballot clerks shall immediately canvass publicly the ballots cast and the
EXHIBIT .A
chairperson of the election shall publicly announce the result. Within seventy-two hours
thereafter, the chairperson, election inspectors and ballot clerks shall execute and file a certificate
of the result of the canvass with the board of trustees of the existing Grinnell library and the town
and village clerks. If a maj ority of the voters approve the formation of the district with the initial
budget in support thereof proposed by the board of trustees of the existing Grinnell library, then
the district shall come into existence on the terms and conditions set forth in this act.
2. In the event that the district is created, there shall be an annual election conducted by the
board of trustees of the Grinnell public library district in accordance with the provisions of
subdivision one of this section, at a time to be set by the board of trustees of the Grinnell public
library district, at which election vacancies on the board of trustees shall be filled and at which
any proposed budget which the board shall determine to submit to the voters pursuant to section
four of this act shall be submitted to the voters.
3. Candidates for the office of member of the board of trustees of the Grinnell public library
district shall be nominated by petition. No vacancy to be filled on the board of trustees shall be
considered a separate, specific office. A separate petition shall be required to nominate each
candidate for a vacancy on the board. Each petition shall be directed to the secretary of the board
of trustees of the existing Grinnell library, shall be signed by at least twenty-five qualified voters
of the district, shall state the residence of each signer, and shall state the name and residence of
the candidate. In the event that any such nominees shall withdraw their candidacy prior to the
election, such person shall not be considered a candidate unless a new petition nominating such
person in the same manner and within the same time limitation applicable to other candidates is
filed with the secretary of the board of trustees of the existing Grinnell library. Each petition
shall be filed with the secretary of the board of trustees of the existing Grinnell library, between
the hours of9:00 a.m. and 5:00 p.m., not later than the thirtieth day before the election at which
the candidates nominated are to be elected. .In the event that the new district is created, petitions
nominating candidates for the board of trustees for all future elections shall be filed with the
secretary of the Grinnell public library district.
4. At any election in such district, the voters may adopt a proposition providing that, in all
subsequent elections, vacancies on the board of trustees of the Grinnell public library district
shall be considered separate specific offices and that the nominating petitions shall describe the
specific vacancy upon the board of trustees for which the candidate is nominated, which
description shall include at least the length of the term of the office and the name of the last
incumbent, if any. No person shall be nominated for more than one specific office. Such
procedure shall be followed with respect to all nominations and elections in subsequent years
until and unless such proposition is repealed by the electors of the district at a regular election by
adoption of a proposition to repeal the same.
S 3. Organization and structure. The Grinnell public library district shall be managed,
operated, and controlled by a board of trustees consisting of nine members. The trustees shall
take office at the first regular meeting of the board of trustees of the Grinnell public library
district following their election. At the first regular meeting of the board of trustees of the
district, the trustees shall determine when the terms of office of each member shall expire as
follows: the trustees receiving the first, second, and third highest number of votes shall each
serve for three years, the trustees receiving the fourth, fifth, and sixth highest number of votes
shall each serve for two years, and the trustees receiving the seventh, eighth, and ninth highest
number of votes shall each serve for one year. As vacancies occur due to expiration of terms of
office, trustees shall be elected by the voters of the district at the election provided for by this act
to serve three year terms, such terms to commence at the first regular meeting of the board of
trustees of the Grinnell public library district next following their election. All other vacancies
caused by resignation, removal, death, or inability to serve shall be filled by appointment by the
board of trustees of the district until the next election, at which time the vacancy shall be filled
by election for the remaining portion of the term. At any election where one or more persons are
to be elected for the unexpired portion of a term or terms, the three candidates receiving the
largest number of votes shall be entitled to the full three year terms and the candidates receiving
the next highest number of votes shall be entitled, in decreasing order of the respective numbers
of votes, to the vacancy or vacancies, in decreasing order of the length of the unexpired portion
or portions of a term or terms. Only qualified voters of the district shall be eligible for election to
the board of trustees. The board of trustees at its first meeting after each annual election shall
elect or appoint a president and vice-president, who shall be members of the board, and a
secretary, treasurer, and such other officers as they deem necessary. If the board so determines,
the offices of secretary and treasurer may be held by individuals who are not members of the
board of trustees and, in that event, such officers may, if the board so determines, receive
reasonable compensation as fixed by resolution of the board.
~ 4. Finances. 1. The initial budget to support the district shall be determined by a vote of the
voters of the district in the initial election as hereinafter provided for. All future budgets that
increase or decrease the district's proposed total tax levy as compared to the total tax levy in the
preceding fiscal year's budget shall be submitted to the residents voting at the annual election of
trustees pursuant to section two of this act. Funds voted for library purposes at the initial election
and at all future elections shall be considered an annual appropriation therefor and shall be levied
and collected yearly by the town and/or village for the district in the same manner and at the
same time as other taxes in the town and/or village.
2. The board of trustees of the district shall annually file with the clerks of the town and village
on or before the first day of November an estimate of the proposed budget including costs of
library services to be raised by levy for the library district in the fiscal year beginning on the first
day of January of the next year. The town or village shall not make any change in the estimate
of revenues or expenditures submitted by the board of the district in preparation of its
preliminary budget.
3. The town board of the town shall levy a tax against all of the real property lying within the
, Grinnell public library district except the real property lying within the village, and the village
board of the village shall levy a tax against the remainder of the real property lying within the
Grinnell public library district, which together shall equal the amount to be raised by tax as
approved by the voters of the Grinnell public library district. Such tax shall be levied by the
town and village in proportion to the total combined full value of the real property lying within
the town, excluding the parcels lying within the village and excluding the parcels lying within
the Beacon City School District, and of the real property lying within the village. The town
board and village board shall pay the full amount of the tax levy approved by the voters over to
the treasurer of the Grinnell public library district pursuant to the schedule set forth in this
section. The town board and village board shall each annually pay over to the treasurer of the
Grinnell public library district on or before the thirtieth day after their respective tax collection
period ends, the full amount of the levy due from the parcels subject to their respective levy. If
necessary to meet this schedule, the town board and village board may each issue tax anticipation
notes pursuant to article II of the local finance law to obtain the necessary moneys therefor.
4. The town board of the town shall have the power to authorize, sell, and issue bonds, notes,
and other evidences of indebtedness pursuant to the local fmance law in order to permit the
district to provide facilities or improved facilities for library purposes. Upon written request from
the board of trustees of the Grinnell public library district, after approval by the qualified voters
of such district, the town board shall authorize, sell, and issue such bonds, notes, or other
evidences of indebtedness as are necessary to accomplish the improvements specified in the
notice. The proceeds of such bonds, notes, or other evidences of indebtedness shall be paid to the
treasurer of the Grinnell public library district and maintained in a segregated account in
accordance with section 165.00 of the local finance law and expended by the treasurer only on
specific authorization by the board of trustees.
5. The board of trustees of the Grinnell public library district may accept on behalf of the
district any absolute gift, devise, or bequest of real or personal property and such conditional
gifts, devises, or bequests as it shall by resolution approve.
6. The treasurer of the Grinnell public library district shall be custodian of all funds of the
district, including gifts and trust funds paid over to the trustees. The board of trustees may
authorize the investment of funds in the custody of the treasurer in the same manner in which
town funds may be invested. Proceeds of obligations received from the town may be invested in
accordance with section 165.00 of the local finance law. The town and village shall promptly pay
over to the Grinnell public library district all monies which belong to or are raised for the district.
No monies shall be disbursed by the treasurer of the district except after audit by the board of
trustees. The board of trustees of the Grinnell public library district shall audit all claims and
shall order the payment thereof, except as otherwise provided by this section. No such claims
shall be audited or ordered paid by the trustees unless an itemized voucher therefor shall be
presented to the board of trustees for audit and allowance. The provisions of this section shall not
be applicable to payment of utility costs, claims of fixed salaries, and amounts which the district
may be required to pay on account of retirement contributions for past or current services to
officers and employees of the district. The treasurer shall keep such records in such manner as
the board of trustees may require.
S 5. Charter, commencement of operations, and transfer of property and employees. The
initially elected trustees of the Grinnell public library district shall, within ninety days from the
date of approval of the district by the voters of the district, apply to the board of regents for a
charter as a public library. Upon the granting of such a charter by the board of regents, title to all
liabilities and assets, including all property, both real and personal, and both tangible and
intangible, all trust and other funds, and all other obligations, now held by the existing Grinnell
library shall be transferred to, vested in, and acquired by the district established by this act. The
above provisions for transfer to, vesting and acquisition of real and personal property, both
tangible and intangible, and all trust and other funds, are effectuated by operation of law
pursuant to the authority of this act, except that, for purposes of clarity of real property records,
deeds of conveyance shall be executed and filed for any parcels of real property. Upon the
transfer of all such property, the existing Grinnell library shall be deemed dissolved. Upon the
granting of such charter by the board of regents, all employees of the existing Grinnell library
shall become employees of the district upon the same terms and conditions of employment and at
the same rate of pay as their previous employment by the existing Grinnell library .
S 6. Ad valorem levy. The several lots and parcels ofland within the area of the district are
hereby determined to be benefited by the library facilities and devices existing as of the effective
date of this act, and the town and village are hereby authorized to assess, levy, and collect the
necessary expenses of operation, maintenance, and repair of such facilities and services and such
capital improvements, including debt service on bonds, notes, or other evidences of indebtedness
of the town issued for the purpose of the Grinnell public library district, as may be hereafter
authorized pursuant to the provisions of this act from such lots and parcels of land in the same
manner and at the same time as other town or village charges.
S 7. Education law. Except as otherwise provided by this act, the provisions of the education
law relating to public libraries shall be applicable to the district established by this act.
S 8. The Grinnell public library district is deemed a special district which is separate and
distinct from the town and village for all purposes, including but not limited to management,
appropriations, and expenditures. Any tax levy for the district shall not be charged or imputed to
the town or village, and shall instead be charged or imputed to the district, for purposes of any
general or special laws enacted by the legislature.
S 9. Section 5 of chapter 672 of the laws of 1993, amending the public authorities law relating
to the construction and financing of facilities for certain public libraries, as amended by chapter .
501 of the laws of2010, is amended to read as follows:
S 5. The following libraries shall be eligible public libraries for purposes of title 4 of article 8
of the public authorities law:
Comsewogue Public Library
Rogers Memorial Library Company
Hendrick Hudson Free Library
Riverhead Free Library
Northern Onondaga Public Library District
Suffern Free Library
Haverstraw King's Daughters Public Library
Crandall Public Library
Sayville Library
Monroe Free Library
Harborfields Public Library
Howland Public Library
Patchogue-Medford Library
New City Library
Babylon Public Library
Lindenhurst Memorial Library
Great Neck Library
Caledonia Public Library
Bayport-Blue Point Public Library
The Bryant Library
Swan Library
Bay Shore-Brightwaters Public Library
The Albany Public Library
Elwood Public Library
Peninsula Public Library
Smithtown Special Library District
Goshen Public Library and Historical Society
The Hauppauge Public Library
The Nyack Library
North Merrick Public Library
Southold Free Library
The Hampton Library in Bridgehampton, Inc.
John Jermain Memorial Library
Westhampton Free Library
The Plainview-Old Bethpage Public Library
Commack Public Library
Troy Public Library
Brunswick Community Library District
D.R. Evarts Library District
Norwood Public Library
Grinnell Public Libra" District
~ 10. This act shall take effect immediately; provided, that section nine of this act shall take
effect on the same date as the Griimell public library district shall come into existence pursuant
to this act; provided that the trustees of the Grinnell public library district shall notify the
legislative bill drafting commission upon the creation of such district pursuant to this act in order
that the commission may maintain an accurate and timely effective database of the official text
of the laws of the state of N ew York in furtherance of effectuating the provisions of section 44 of
the legislative law and section 70-b of the public officers law.
March_,2012
Hon. Stephen Saland, Senator
LOB - Room 708
Albany, New York 12247
Hon. Joel Miller, Assemblyman
3 Neptune Road, Suite A 19 E
Poughkeepsie, New York 12601
Re: Home Rule Letter - Grinnell Library
Dear Senator Saland and Assemblyman Miller:
At a regular Town Board meeting scheduled on February 27,2012, Roderick MacLeod,
President of the Grinnell Library Association Board of Trustees, and Jessica Gonzalez,
Executive Director of the Grinnell Library Association, made a presentation and
explained that the Board of Trustees of the Grinnell Library Association was going to
request the New York State Legislature (Senate and Assembly) to form a Public Library
Special District for the Grinnell Library. The District boundaries would include the
portion of the Village ofWappingers Falls located within the jurisdictional boundaries of
the Town of Wappinger, all of the Town of Wappinger except the portion of the Town of
Wappinger located in the Beacon School District. The portion of the Town of Wappinger
located within the Beacon School District is presently taxed for a Library through the
Beacon School District.
The Town Board understands that this action would require that a bill be passed by the
State Legislature to form the new District. We further understand that once the legislation
passes both houses, the Governor must sign the legislation into law. The Town Board
further understands that the effect of such legislation would be to create the framework
for a Public Library District, separate from the existing Town government and budget,
and that the new Special District Public Library would be governed by an elected Board
of Trustees, whose number will be determined by the proposed legislation.
The Town Board also understands that the proposed legislation is designed to trigger a
referendum to be held during which the qualified voters of the Town of Wappinger and
Village ofWappingers Falls would be asked to vote on the following questions:
. Shall the Special District Public Library be formed and funded at an amount
to be proposed by the existing Grinnell Library?; and
. Shall a Trustee be elected?
EXHIBIT B
O:\Wappinger\Town Board\Grinell\Formation of Special District\03-12Ietter to Saland and Miller re speciallegislation.doc
The Town Board has been advised that the submission of Special District Library
legislation is exempt from the State Constitution Home Rule Message requirements.
Nevertheless, the Town Board has agreed that such a message be sent to your office to
express our understanding and support.
In that spirit, the Wappinger Town Board has no objection to the proposed legislation
being sponsored and moved forward by your respective offices.
Town of Wappinger
Supervisor
O:\Wappinger\Town Board\Grinel1\Formation of Special District\03-12letter to Saland and Miller re special legislation. doc