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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