S 8852

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New York State Assembly
Speaker Carl E. Heastie
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		Bill No.:
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 Actions
 Committee&nbspVotes
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S08852 Summary:
BILL NO	S08852C
&nbsp
SAME AS	SAME AS A08903-C
&nbsp
SPONSOR	HARCKHAM
&nbsp
COSPNSR
&nbsp
MLTSPNSR
&nbsp
&nbsp
Authorizes the county of Putnam to lease certain lands used as parklands in the town of Carmel for use as a cell tower for thirty years.
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S08852 Actions:
BILL NO	S08852C
&nbsp
01/09/2026	REFERRED TO LOCAL GOVERNMENT
05/18/2026	AMEND (T) AND RECOMMIT TO LOCAL GOVERNMENT
05/18/2026	PRINT NUMBER 8852A
05/26/2026	AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/26/2026	PRINT NUMBER 8852B
05/26/2026	AMEND AND RECOMMIT TO LOCAL GOVERNMENT
05/26/2026	PRINT NUMBER 8852C
06/04/2026	COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/04/2026	ORDERED TO THIRD READING CAL.1736
06/04/2026	HOME RULE REQUEST
06/04/2026	PASSED SENATE
06/04/2026	DELIVERED TO ASSEMBLY
06/04/2026	referred to local governments
06/05/2026	substituted for a8903c
06/05/2026	ordered to third reading rules cal.571
06/05/2026	home rule request
06/05/2026	passed assembly
06/05/2026	returned to senate
08/21/2026	DELIVERED TO GOVERNOR
08/28/2026	SIGNED CHAP.282
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S08852 Committee&nbspVotes:
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S08852 Floor&nbspVotes:
DATE:06/05/2026Assembly Vote  YEA/NAY: 123/8
Yes
Alvarez
Yes
Carroll P
Yes
Friend
Yes
Lemondes
Yes
Pheffer Amato
Yes
Slater
Yes
Anderson
Yes
Carroll RC
Yes
Gallagher
Yes
Levenberg
Yes
Pirozzolo
Yes
Smith
Yes
Angelino
Yes
Cashman
Yes
Gallahan
Yes
Lucas
Yes
Powers
Yes
Smullen
Yes
Bailey
Yes
Chandler-Waterm
Yes
Gandolfo
Yes
Lunsford
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Chang
ER
Gibbs
Yes
Lupardo
Yes
Ra
Yes
Steck
Yes
Barrett
Yes
Chludzinski
Yes
Giglio
Yes
Magnarelli
ER
Raga
Yes
Stern
Yes
Beephan
Yes
Clark
No
Glick
ER
Maher
Yes
Rajkumar
Yes
Stirpe
Yes
Bendett
No
Colton
Yes
Gonzalez-Rojas
Yes
Manktelow
No
Ramos
Yes
Tague
Yes
Benedetto
Yes
Conrad
Yes
Gray
Yes
McDonald
Yes
Reilly
Yes
Tannousis
ER
Berger
ER
Cook
Yes
Griffin
ER
McDonough
Yes
Reyes
Yes
Tapia
Yes
Bichotte Hermel
Yes
Cruz
Yes
Hawley
Yes
McMahon
Yes
Rivera
Yes
Taylor
Yes
Blankenbush
Yes
Cunningham
Yes
Hevesi
Yes
Meeks
Yes
Romero
Yes
Torres
Yes
Blumencranz
Yes
Dais
Yes
Hooks
Yes &#8225
Mikulin
No
Rosenthal
ER
Valdez
Yes
Bologna
Yes
Davila
Yes
Hunter
Yes
Miller
ER
Rozic
Yes
Vanel
ER
Bores
Yes
De Los Santos
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
No
Walker
Yes
Brabenec
ER
DeStefano
Yes
Jackson
Yes
Molitor
Yes
Sayegh
Yes
Walsh
Yes
Braunstein
ER
Dilan
Yes
Jacobson
Yes
Moreno
Yes
Schiavoni
Yes
Weprin
Yes
Bronson
No
Dinowitz
Yes
Jensen
ER
Morinello
Yes
Seawright
ER
Wieder
Yes
Brook-Krasny
Yes &#8225
DiPietro
Yes
Kassay
Yes
Norber
Yes
Sempolinski
No
Williams
Yes
Brown EA
Yes
Durso
Yes
Kay
Yes
Novakhov
Yes
Septimo
Yes
Woerner
Yes
Brown K
Yes
Eachus
ER
Kelles
Yes
O'Pharrow
Yes
Shimsky
ER
Wright
Yes
Burdick
ER
Eichenstein
Yes
Kim
Yes
Otis
Yes
Shrestha
ER
Yeger
Yes &#8225
Burke
Yes
Fall
Yes
Lasher
Yes
Palmesano
No
Simon
Yes
Zaccaro
Yes
Burroughs
Yes
Fitzpatrick
Yes
Lavine
Yes
Paulin
Yes
Simone
ER
Zinerman
Yes &#8225
Buttenschon
Yes
Forrest
ER
Lee
Yes
Peoples-Stokes
Yes
Simpson
Yes
Mr. Speaker
  &#8225 Indicates voting via videoconference
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S08852 Text:
                STATE OF NEW YORK
        ________________________________________________________________________
                                         8852--C
                    IN SENATE
                                     January 9, 2026
                                       ___________
        Introduced  by Sen. HARCKHAM -- 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 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT in relation to authorizing the county of Putnam to lease certain
          lands used as parklands
          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 county of
     2  Putnam, acting by and through its governing body and upon such terms and
     3  conditions as determined by such body is hereby authorized to discontin-
     4  ue as parklands and lease at fair market value to Homeland  Towers,  LLC
     5  for  a  term  not  to  exceed  thirty  years the lands more particularly
     6  described in section two of this act for the purposes  of  installing  a
     7  160 foot cellular tower with associated equipment shelter, backup gener-
     8  ators,  and  telecommunications  equipment.   In addition, the county of
     9  Putnam, acting by and through its governing body is hereby authorized to
    10  convey an easement to Homeland  Towers,  LLC  over  certain  municipally
    11  owned  park lands described in section three of this act, to maintain an
    12  access road for the purposes described in section  three  of  this  act,
    13  provided  that the thoroughfare shall be publicly accessible and able to
    14  be used for park purposes.
    15    (b) All proceeds from such lease shall be used  for  capital  improve-
    16  ments to existing park and recreational facilities and/or for the acqui-
    17  sition of additional park and recreational facilities, and the county of
    18  Putnam shall dedicate an amount equal to or greater than the fair market
    19  value of the easement interests being conveyed by this section for capi-
    20  tal improvements to existing park and recreational facilities and/or for
    21  the acquisition of additional park and recreational facilities.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [] is old law to be omitted.
                                                                   LBD13376-07-6
        S. 8852--C  2
     1    § 2. The parklands authorized by section one of this act to be discon-
     2  tinued  as  parklands  and  leased  are  more  particularly described as
     3  follows:
     4    LEASE AREA A -
     5    All  that tract or parcel of land being situate in the Town of Carmel,
     6  County of Putnam and State of New York; being bounded and  described  as
     7  follows:
     8    Beginning at the southeast corner of said Lease Area A described here-
     9  in,  said  point being South 88°05'38" West 1118.79 feet from the north-
    10  east corner of lands of Putnam County
    11    (L 1903 P 263); running thence along the bounds of said Lease Area  A,
    12  through  the  lands of Putnam County (L 1903, P 263), the following five
    13  courses and distances:
    14  1) North 90°00'00" West 77.80 feet along the northerly bounds of a Ease-
    15  ment Area A;
    16  2) North 00°00'00" West 19.95 feet;
    17  3) North 43°02'02" East 20.47 feet;
    18  4) North 90°00'00" East 63.83 feet;
    19  5) South 00°00'00" East 34.91 feet along the easterly bounds of a  Ease-
    20  ment Area A
    21  to  the  point  of  beginning. Having an area of 2611.35 square feet, or
    22  0.060 acres of land, more or less.
    23  Bearings refer to True North.
    24    § 3. The easement to be conveyed by section one of this  act  is  more
    25  particularly described as follows:
    26  EASEMENT AREA A -
    27  A  20-foot-wide  easement  for  vehicular and pedestrian access to Lease
    28  Area A and for utilities to service the structures in Lease Area A along
    29  the existing roadway which runs from Hill Street to Lease Area  A,  said
    30  easement area being described as follows:
    31  All  that  tract  or parcel of land being situate in the Town of Carmel,
    32  County of Putnam and State of New York; being bounded and  described  as
    33  follows:
    34  Beginning at the southeast corner of said Lease Area A described herein,
    35  said  point  being  South 88°05'38" West 1118.79 feet from the northeast
    36  corner of lands of Putnam County
    37    (L 1903 P 263); running thence along the bounds of said Easement  Area
    38  A,  through  the  lands  of Putnam County (L 1903, P 263), the following
    39  thirty courses and distances:
    40  1) North 00°00'00" West 34.91 feet along the easterly  bounds  of  Lease
    41  Area A;
    42  2) North 90°00'00" East 20.00 feet;
    43  3) South 00°00'00" East 30.14 feet;
    44  4) South 26°50'52" East 41.26 feet;
    45  5) South 00°00'00" East 84.64 feet;
    46  6) South 12°11'45" East 66.94 feet;
    47  7) South 89°43'14" East 32.02 feet;
    48  8) North 89°00'03" East 50.56 feet;
    49  9) North 83°51'59" East 158.55 feet;
    50  10) North 79°22'14" East 70.82 feet;
    51  11) North 76°52'09" East 68.75 feet;
    52  12) North 75°07'10" East 49.73 feet;
    53  13)  on  a curve to the right, having a radius of 460.00', an arc length
    54  of 196.02', and a delta angle of 24°24'55";
    55  14) South 80°27'55" East 142.07 feet;
    56  15) South 81°12'58" East 108.14 feet;
        S. 8852--C  3
     1  16) South 79°06'03" East 79.26 feet to a point on the westerly bounds of
     2  Hill Street;
     3  17)  South  29°10'31"  West 21.06 feet along the westerly bounds of Hill
     4  Street;
     5  18) North 79°06'03" West 72.29 feet
     6  19) North 81°12'58" West 107.90 feet;
     7  20) North 80°27'55" West 142.20 feet;
     8  21) thence with a curve to the left, having a radius of 440.00', an  arc
     9  length of 187.50', and a delta angle of 24°24'55";
    10  22) South 75°07'10" West 50.03 feet;
    11  23) South 76°52'09" West 69.49 feet;
    12  24) South 79°22'14" West 72.04 feet;
    13  25) South 83°51'59" West 160.24 feet;
    14  26) South 89°00'03" West 51.68 feet;
    15  27) North 89°43'14" West 48.31 feet;
    16  28) North 12°11'45" West 85.13 feet;
    17  29) North 00°00'00" West 82.00 feet;
    18  30) North 26°50'52" West 41.26 feet;
    19  31) North 26°50'52" West 18.84 feet;
    20  32) North 90°00'00" West 87.92 feet;
    21  33) North 00°00'00" West 20.00 feet;
    22  34) North 90°00'00" East 77.80 feet; along the southerly bounds of Lease
    23  Area A
    24  to  the  point  of beginning. Having an area of 25495.69 square feet, or
    25  0.585 acres of land, more or less.
    26  Bearings refer to True North.
    27    § 4. Should the leased lands described in  section  two  of  this  act
    28  cease  to be used for the purposes described in section one of this act,
    29  the lease shall terminate and those lands shall revert to the county  of
    30  Putnam  for  public  park  and  recreational  purposes  and the easement
    31  described in section three of this act for access shall also revert  and
    32  be  extinguished.  At  the  time  of such reversion, the removal of such
    33  cellular tower, associated equipment  shelter,  backup  generators,  and
    34  telecommunications  equipment shall take place and the property shall be
    35  returned to its previous state, consistent with  park  and  recreational
    36  purposes.
    37    §  5.  In  the  event  that  the county of Putnam received any funding
    38  support or assistance from the  federal  government  for  the  purchase,
    39  maintenance  or  improvement  of the parklands set forth in sections two
    40  and three of this act, the discontinuance and alienation of  such  park-
    41  land  authorized  by  the  provisions  of this act shall not occur until
    42  Putnam county has complied with any federal requirements  pertaining  to
    43  the  alienation  or  conversion  of  parklands, including satisfying the
    44  secretary of the interior that the  alienation  or  conversion  complies
    45  with  all conditions which the secretary of the interior deems necessary
    46  to assure the substitution of other lands shall be  equivalent  in  fair
    47  market value and usefulness to the lands being alienated or converted.
    48    § 6. This act shall take effect immediately.
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