Bill S3179-2013

Authorizes the transfer and conveyance of certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc.

Authorizes the urban development corporation, the office of general services and the department of corrections and community supervision to transfer and convey certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc.

Details

Actions

  • Jan 8, 2014: REFERRED TO LOCAL GOVERNMENT
  • Jun 21, 2013: RECOMMITTED TO RULES
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1600
  • Jun 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 31, 2013: REFERRED TO LOCAL GOVERNMENT

Votes

Memo

BILL NUMBER:S3179

TITLE OF BILL: An act authorizing the urban development corporation, the office of general services and the department of corrections and community supervision to transfer and convey certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc.

PURPOSE: To permit the transfer of the former Fulton Correctional Facility to the Thomas Mott Osborne Memorial Fund for the purpose of establishing a center providing opportunities for individuals in conflict with the law through reform and rehabilitation programs, alternatives to incarceration, re-entry services, victim services and related community activities in order to increase public safety in the county of Bronx.

SUMMARY OF PROVISIONS:

Section 1 permits the transfer and conveyance of the Fulton Correctional Facility from the urban development corporation to the Thomas Mott Osborne Memorial Fund, Inc. and empowers the commissioner of general services and the commissioner of the department of corrections and community services to effect the transfer and conveyance of said correctional facility.

Section 2 describes the two parcels to be conveyed.

Section 3 specifies that the conveyance shall be subject to a condition precedent so that it does not impair or result in the diminution of the obligations to bond holders whose bonds are secured by correctional facilities and shall not affect the tax free status of such bonds.

Section 4 provides that the Thomas Mott Osborne Memorial Fund, Inc. may submit an accurate survey and description of the lands to be conveyed to the urban development corporation.

Section 5 provides that the property transferred must be used for the purpose of providing opportunities to individuals in conflict with the law through reform and rehabilitation programs, alternatives to incarceration, re-entry services, services to persons affected by crime and/or incarceration and related community activities or shall revert to the state.

Section 6 specifies that the board of directors of the urban development corporation shall not transfer the Property unless application is made by the Thomas Mott Osborne Memorial Fund, Inc.

Section 7 provides for an effective date.

JUSTIFICATION: Fulton Correctional Facility was one of seven prisons closed in the state in 2011. Maintaining the property costs the state $17,000 to $18,000 per month, mostly for security staff. The facility is

located in the Bronx, which is a high crime community within New York City. With strong backing from state, local and federal politicians, the Osborne Association plans to use the property to create a program for Bronx residents involved with the criminal justice system, emphasizing re-entry and alternatives to incarceration, job training, victim services and related community activities. The Osborne Association has an excellent track record of providing such services in New York, managing large tangible assets, and has demonstrated fund-raising ability to support such a program in the Bronx.

FISCAL IMPLICATIONS: The transfer of this property will save the state approximately $215,000 per year for the cost of maintaining and securing Fulton Correctional Facility.

LEGISLATIVE HISTORY: A.10643 passed assembly and delivered to senate; referred to senate rules committee in 2012.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3179 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the urban development corporation, the office of general services and the department of corrections and community supervision to transfer and convey certain lands in the county of Bronx, city of New York, to the Thomas Mott Osborne Memorial Fund, Inc. THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any inconsistent provision of law to the contrary, the urban development corporation is authorized to transfer and convey to the Thomas Mott Osborne Memorial Fund, Inc. its right, title, and interest in the lands and improvements known as the Fulton Correctional Facility and further described in section two of this act. The conveyance shall be made upon such terms and conditions, as the board of directors of the urban development corporation may, in its discretion, fix and determine. The commissioner of general services and the commissioner of the department of corrections and community super- vision are hereby empowered to enter into such contractual agreements with the corporation and its subsidiaries to effect the transfer and conveyance and do all things necessary to carry out the provisions of this act. S 2. The lands to be conveyed pursuant to section one of this act are situated in the city of New York, county of Bronx, and are generally described as follows: Parcel I All that piece or parcel of land lying and being in the Borough and County of the Bronx, City and State of New York, and being all of Lot No. 30, Block 2928, and being more particularly described as follows: Beginning at the intersection of the northerly line of E. 171st Street, and the westerly line of Fulton Avenue, thence westerly along
the northerly line of E. 171st Street, 115.32 feet to the easterly line of Lot 33; thence northerly along the last mentioned lot line 71.90 feet to the intersection of the southerly line of Lot 29; thence easterly along the last mentioned lot line, 106.08 feet to its intersection with the said westerly line of Fulton Ave.; thence southerly along the said westerly line of Fulton Avenue 80.00 feet to the point or place of beginning. Parcel II All that piece or parcel of land lying and being in the Borough and County of the Bronx, City and State of New York, and being all of Lot No. 33, Block 2928, and being more particularly described as follows: Beginning at the intersection of the northerly line of E. 171st Street, and the westerly line of Lot 30, said point being 115.32 feet westerly from the intersection of the northerly line of E. 171st Street, and the westerly line of Fulton Avenue; thence South 88° 21' 50" West, along the northerly line of E. 171st Street, a distance of 75.86 feet to a point, said point being 175.21 feet distant easterly, measured along the northerly line of E. 171st Street from the corner formed by the intersection of the easterly line of 3rd Avenue and the northerly line of E. 171st Street; thence North 01° 11' 27" East, and parallel with 3rd Avenue 141.75 feet to a point; thence North 84° 03' 45" East, a distance of 50.38 feet to a point; thence South 01° 11' 27" West, and parallel to 3rd Avenue, 25.19 feet to a point; thence North 84° 03' 45" East, 25.99 feet to a point; thence South 01° 11' 27" West, and parallel to 3rd Avenue, 122.30 feet to the point or place of beginning. S 3. Notwithstanding the foregoing, the authorization to convey the Fulton Correctional Facility shall be subject to the condition precedent that such conveyance shall not impair or result in any diminution of the obligations to holders of any bonds which financed, refinanced or are secured by correctional facilities (or payments in respect thereof), including the Fulton Correctional Facility, and shall not adversely affect any exemption of interest on such bonds from federal income tax. S 4. The description in section two of this act is not intended to be a legal description but is intended to identify the parcel to be conveyed. As a condition of the purchase, the Thomas Mott Osborne Memo- rial Fund, Inc. may submit to the urban development corporation for approval, an accurate survey and description of the lands to be conveyed, which may be used in the conveyance thereof. S 5. Any lands transferred pursuant to this act shall be used for the purpose of providing opportunities for individuals in conflict with the law through reform and rehabilitation programs, alternatives to incar- ceration and re-entry, for providing services to persons affected by crime and/or incarceration, and for related community activities, and upon termination of such use, title to the lands so transferred shall revert to the state of New York. S 6. The board of directors of the urban development corporation shall not transfer and convey said lands unless application is made therefor by the Thomas Mott Osborne Memorial Fund, Inc. within one year after the effective date of this act. S 7. This act shall take effect immediately.

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