Bill Text: NY S05481 | 2011-2012 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-17 - SUBSTITUTED BY A8068A [S05481 Detail]
Download: New_York-2011-S05481-Introduced.html
S T A T E O F N E W Y O R K
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5481
2011-2012 Regular Sessions
I N S E N A T E
May 25, 2011
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT in relation to creating the Norwood public library in the towns
of Potsdam and Stockholm, county of St. Lawrence
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 S 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
19 district, then the district shall come into existence on the terms and
20 conditions set forth in this act. At such election the issue shall be:
21 (a) whether the public library district therein described with the
22 initial budget therefor proposed by the board of trustees of the Norwood
23 Library shall be created or not; and
24 (b) the election of nine trustees as provided by this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11837-01-1
S. 5481 2
1 The trustees of the existing Norwood Library shall give notice of such
2 election by the publication of a notice in one or more newspapers having
3 a general circulation in the district to be served. The first publica-
4 tion of such notice shall be not less than thirty days prior to the date
5 of such election. In addition, the board of trustees of the existing
6 Norwood Library shall cause copies of such notice to be posted conspicu-
7 ously in three public places in the district at least thirty days prior
8 to the date of such election. Such notice shall specify the time when
9 and the place where such election will be held, the issues to be decided
10 at such election and the hours during which polls will be open for the
11 receipt of ballots thereof at all elections from 7:00 a.m. until 8:00
12 p.m. The board of trustees of the existing Norwood Library shall desig-
13 nate a resident qualified voter of such district to act as chairperson
14 of any election of such district and shall designate not less than two
15 nor more than four resident qualified voters to act as election inspec-
16 tors and ballot clerks at such elections. No trustee shall serve as
17 chairperson or as an election inspector or ballot clerk. The board of
18 trustees may adopt a resolution providing that such chairperson,
19 election inspectors and ballot clerks shall be paid for their respective
20 services at the initial election. Such resolution, if adopted, may fix
21 reasonable compensation for the services of such officials. Every voter
22 of the district, otherwise qualified to vote at a town election shall be
23 qualified to vote at such election. After the polls have closed at such
24 election, the election inspectors and the ballot clerks shall immediate-
25 ly canvass publicly the ballots cast and the chairperson of the election
26 shall publicly announce the result. Within seventy-two hours thereafter,
27 the chairperson, election inspectors and ballot clerks shall execute and
28 file a certificate of the result of the canvass with the board of trus-
29 tees and the town clerks of Potsdam and Stockholm.
30 2. In the event that the district is created, there shall be an annual
31 election conducted by the board of trustees of the Norwood public
32 library in accordance with the provisions of subdivision one of this
33 section, at a time to be set by the board, at which election vacancies
34 on the board of trustees shall be filled and at which any proposed budg-
35 et which the board shall determine to submit to the voters pursuant to
36 section four of this act shall be submitted to the voters.
37 3. Candidates for the office of member of the board of trustees of the
38 Norwood public library shall be nominated by petition. No vacancy on the
39 board of trustees to be filled shall be considered a separate specific
40 office. A separate petition shall be required to nominate each candidate
41 for a vacancy on the board. Each petition shall be directed to the
42 secretary of the board of trustees, shall be signed by at least 50 qual-
43 ified voters of the district, shall state the residence of each signer,
44 and shall state the name and residence of the candidate. In the event
45 that any such nominees shall withdraw candidacy prior to the election,
46 such person shall not be considered a candidate unless a new petition
47 nominating such person in the same manner and within the same time limi-
48 tation applicable to other candidates is filed with the secretary of the
49 board of trustees. Each petition shall be filed with the secretary of
50 the board of trustees between the hours of 9:00 a.m. and 5:00 p.m., not
51 later than the thirtieth day preceding the election at which time the
52 candidates nominated are to be elected. In the event the Norwood public
53 library is created, petitions nominating candidates for the board of
54 trustees after the initial election shall be filed with the secretary of
55 the Norwood public library.
S. 5481 3
1 4. At any election in such district, the voters may adopt a proposi-
2 tion providing that, in all subsequent elections, vacancies on the board
3 of trustees shall be considered separate specific offices and that the
4 nominating petitions shall describe the specific vacancy upon the board
5 of trustees for which the candidate is nominated, which description
6 shall include at least the length of the term of the office and the name
7 of the last incumbent, if any. No person shall be nominated for more
8 than one specific office. Such procedure shall be followed with respect
9 to all nominations and elections in subsequent years until and unless
10 such proposition is repealed by the electors of the district at a regu-
11 lar election by adoption of a proposition to repeal the same.
12 S 3. Organization and structure. The Norwood public library shall be
13 managed, operated and controlled by a board of trustees consisting of
14 nine members, but in no event shall the board of trustees consist of
15 fewer than five members or more than fifteen. The trustees shall at the
16 first regular meeting of the board determine by lot the year in which
17 each of their terms of office expire, and the terms shall expire as
18 follows: after one year three trustees; after two years three trustees;
19 after three years three trustees.
20 As vacancies occur trustees shall be elected at the annual election
21 provided for by this act to serve three year terms by the voters of the
22 public library district hereby created, such terms to commence on the
23 first day of the month next following the election. Only qualified
24 voters of the district shall be eligible for election to the board of
25 trustees. The board of trustees at its first meeting each year shall
26 elect or appoint a president and vice-president who shall be members of
27 the board and a secretary, treasurer and such other officers as they
28 deem necessary. If the board so determines, the offices of secretary and
29 treasurer may be held by individuals who are not members of the board of
30 trustees and, in that event, such officer may, if the board so deter-
31 mines, receive compensation as fixed by resolution of the board.
32 S 4. Finances. 1. The initial budget for the Norwood public library
33 shall be determined by a vote of the voters of the district in the
34 initial election as hereinafter provided for. All future budgets that
35 increase the Norwood public library proposed total operating expendi-
36 tures over the total operating expenditures in the last preceding fiscal
37 year's budget shall be submitted to the residents voting at the annual
38 election of trustees pursuant to section two of this act. Funds voted
39 for library purposes at the initial election and at all future budget
40 elections shall be considered an annual appropriation therefor and shall
41 be levied and collected yearly in the same manner and at the same time
42 as other taxes in the towns of Potsdam and Stockholm.
43 2. The board of trustees shall annually file with the clerk of the
44 towns of Potsdam and Stockholm on or before the first day of August an
45 estimate of the proposed budget, including costs of library services, to
46 be raised by levy for the library district in the fiscal year beginning
47 on the first day of January of the following year. The town shall not
48 make any change in the estimate of revenues or expenditures submitted by
49 the board of the library district in preparation of its preliminary
50 budget.
51 3. The town boards of the towns of Potsdam and Stockholm shall levy a
52 tax against the real property lying within the Norwood-Norfolk School
53 District for the amount to be raised by tax as contained in the annual
54 budget of the Norwood public library. The town board may issue tax
55 anticipation notes, anticipation revenue notes and budget notes pursuant
S. 5481 4
1 to article 2 of the local finance law to obtain the necessary moneys
2 therefor.
3 4. The town boards of the towns of Potsdam and Stockholm shall have
4 the power to authorize, sell and issue bonds, notes and other evidences
5 of indebtedness pursuant to the local finance law in order to permit the
6 Norwood public library to provide facilities or improved facilities for
7 library purposes. Upon written request from the board of trustees of the
8 Norwood public library, after approval by the qualified voters of such
9 district, the town board shall authorize, sell and issue such bonds,
10 notes or other evidences of indebtedness as are necessary to accomplish
11 the improvements specified in the notice. The proceeds of such bonds,
12 notes or other evidences of indebtedness shall be paid to the treasurer
13 of the Norwood public library and maintained in a segregated account in
14 accordance with section 165.00 of the local finance law and expended by
15 the treasurer only on specific authorization by the board of trustees.
16 5. The board of trustees of the Norwood public library may accept on
17 behalf of the district any absolute gift, devise or bequest of real or
18 personal property and such conditional gifts, devises or bequests as it
19 shall by resolution approve.
20 6. The treasurer of the Norwood public library shall be custodian of
21 all funds of the library district, including gifts and trust funds paid
22 over to the trustees. The board of trustees may authorize the investment
23 of funds in the custody of the treasurer in the same manner in which
24 school district funds may be invested. Proceeds of obligations received
25 from the town may be invested in accordance with section 165.00 of the
26 local finance law. The towns of Potsdam and Stockholm shall promptly pay
27 over to the Norwood public library all moneys which belong to or are
28 raised for the library district. No moneys shall be disbursed by the
29 treasurer of the library district except after audit by the board of
30 trustees. The board of trustees of the Norwood library district shall
31 audit all claims and shall order the payment thereof, except as other-
32 wise provided by this section. No such claims shall be audited or
33 ordered paid by the trustees unless an itemized voucher therefor shall
34 be presented to the board of trustees for audit and allowance. The
35 provisions of this section shall not be applicable to payment of claims
36 of fixed salaries and amounts which the library districts may be
37 required to pay on account of retirement contributions for past or
38 current services to officers and employees of the library district. The
39 treasurer shall keep such records in such manner as the board of trus-
40 tees may require.
41 S 5. Charter, commencement of operations, and transfer of property and
42 employees. The initial elected trustees shall, within thirty days from
43 the date of approval of the library district by the voters of the
44 district, apply to the board of regents for a charter as a public
45 library. Upon the granting of such a charter by the board of regents,
46 title to all liabilities and assets, including all property, real and
47 personal, and all other tangible and intangible property, trust and
48 other funds, and all other obligations, now held by the Norwood Library
49 shall be transferred to, vested in, and acquired by the Norwood public
50 library established by this act. Upon the granting of such charter by
51 the board of regents, all employees of the Norwood Library shall become
52 employees of the Norwood public library upon the same terms and condi-
53 tions of employment and at the same rate of pay as their previous
54 employment by Norwood Library.
55 S 6. Ad valorem levy. The several lots and parcels of land within the
56 area of such public library district are hereby determined to be bene-
S. 5481 5
1 fited by the library facilities and devices existing as of the effective
2 date of this act and the towns of Potsdam and Stockholm are hereby
3 authorized to assess, levy and collect the necessary expenses of opera-
4 tion, maintenance and repair of such facilities and services and such
5 capital improvements, including debt service on bonds, notes or other
6 evidences of indebtedness of the town issued for the purpose of the
7 Norwood public library as may be hereafter authorized pursuant to the
8 provisions of this act from such lots and parcels of land within the
9 library district in the same manner and at the same time as other town
10 charges.
11 S 7. Education law. Except as otherwise provided by this act, the
12 provisions of the education law relating to public libraries shall be
13 applicable to the Norwood public library established by this act.
14 S 8. This act shall take effect immediately.
