Authorizes the town of Greenburgh, county of Westchester to lease certain park lands for tennis uses

Summary of specific provisions

Section 1 authorizes the town board to lease certain park lands and improvements at fair market value and other terms as they determine, for up to 30 years for the operation of seasonal tennis facilities.

Section 2 requires that town residents who reside outside of the towns six incorporated villages continue to pay all costs and expenses of the specified town park lands and recreational facilities and that the proceeds of the lease be dedicated to capital improvement of the exist- ing town park and recreational facilities and/or for the acquisition of additional town park and recreational facilities for their use.

Section 3 specifies the legal description of the subject tennis facili- ties and the other facilities related to their use at the Anthony F. Veteran Park in the town of Greenburgh.

Section 4 requires that if the lease for the facilities terminates then the leased park lands revert to the town of Greenburgh to be used as they are presently used.

Section 5 requires that the subject lease provide that such leased park lands and improvements be made available to the general public on an equitable basis. Where the availability of such public facilities is limited, the use of the facilities is to be determined by a written policy developed, posted and administered by the lessee and the town of Greenburgh.

Section 6 specifies that this act shall not affect any rights or restrictions in the deed conveying the subject park land to the town of Greenburgh.

Section 7 is the effective date.

Justification

The proposed law is designed to give the town of Greenburgh the opportu- nity to raise revenue by leasing a portion of its under utilized recre- ational facilities. It authorizes the town to lease its tennis facili- ties in its main town park on a seasonal basis. It is anticipated that the town will gain revenue and the private lessees will improve the facilities at no cost to the town including erecting a tennis bubble.

For the project to be economically viable the leased facilities must be available to the general public.

The proposed law is necessary because:

1. New York courts have ruled that local park land and recreational facilities may be leased to a private entity only with the New York State Legislature's approval.

2. A special act of this legislature in 1982 restricted the use of all parks and recreational facilities located in the unincorporated section of the town of Greenburgh (outside of its six villages) to the residents of the unincorporated area and required that those residents fund the facilities.

This law is not intended to disturb the provisions of the special act except to authorize the town to enter into a lease that permits people who live outside of the unincorporated section of the town to use the specified facilities while being operated under lease.

Current economic conditions and the newly enacted tax levy cap make it difficult for local governments to raise the revenue necessary to main- tain their facilities. Greenburgh has indicated that these lease proceeds are necessary for capital expenditures at its main town park and/or other facilities for the residents of the unincorporated section of town-including refurbishing of roads and buildings and performing major renovations that extend their useful life.

Prior legislative history

New Bill- 2012

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.