Authorizes the office of parks, recreation and historic preservation to lease and license certain structures and facilities within certain state parks.
TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to leasing and licensing of property; and to repeal subdivision 2-g of section 3.09 of such law relating to leases and licensing to the city school district of the city of Niagara Falls
PURPOSE: The bill would amend Parks Recreation and Historic Preservation Law § 109 (2-d) to permit the Commissioner of Parks, Recreation and Historic Preservation to enter into a lease or license, not to exceed forty years, for the adaptive reuse of buildings and structures at certain state parks located on Long Island
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend PRHPL § 3.09 (2-d) by adding additional properties to the list of properties that the Commissioner may lease of license to a private entity for a term not to exceed forty years:; (i) the Winter Cottage and Main House at Caumnsett State Historic Park Preserve; (ii) recreational facilities at the location of the aquatic complex and campground at Heckscher State Park.
Section 2 of the bill would repeal subdivision 2-g of section 3,09 of the parks, recreation and historic preservation law.
Section 3 of the bill provides that no lease entered in to by the Office of Parks, Recreation and Historic Preservation for the Winter Cottage and Main House at Caumsett State Historic Park Preserve, or for recreational facilities at the location of the aquatic complex and campground at Heckscher State Park, shall result in the impairment of any existing collective bargaining agreements.
Section 4 contains the effective date.
EXISTING LAW: PRHPL § 3.09 (2-d) authorizes the Commissioner to, among other things, enter into leases and licenses for specifically delineated park-related properties for terms of up to forty years, in recognition of the need for extensive capital improvements to the listed structures and the fact that such improvements require longer-term financial investments. PRHPL § 3.09(2-g) provides the Commissioner with authority to enter inter into a lease with the Niagara Falls City School District associated with buildings at DeVeaux Woods State Park for use as administrative offices, maintenance warehousing and related facilities, a lease that has never been consummated.
JUSTIFICATION: Superstorm Sandy caused significant structural damage to a number of State parks and State park facilities located on Long Island, At this time, the estimated cost to rebuild the park infrastructure, buildings and recreational facilities is expected to exceed $100 million.
Accordingly, attracting private sector partners to invest in State park facilities for the public's use and enjoyment is more critical than ever. The Office of Parks, Recreation and Historic Preservation (OPRHP) is focused on first directing its resources the basic and
essential health and safety amenities, such as the reconstruction of sewer and sanitary systems, boardwalks and parking, ball fields and other recreational facilities.
This bill would authorize the Commissioner to enter into longer-term leases at key buildings located in four Long Island-based parks and historic facilities. Although no specific plans or private sector partners have been identified at this time, securing long term leasing authority for these properties will aid in the agency's future planning, including in attracting private sector investment, Each of the buildings is in need of amenities and improvements that OPRHP cannot provide at this time:
* Caumsett State Historic Park Preserve: The park preserve contains a 22,000 square foot mansion known as the Main House, designed by the noted architect John Russell Pope in 1923-25.
* Heckscher State Park: The park is located on 1,600 acres fronting on the Great South Bay and includes an enormous aquatic complex dating from the Robert Moses era and campground which are both currently closed
Finally, PRHPL § 3 09(2-g) - which was enacted in 2006 - provided ORPHP with authority to enter into an agreement with the Niagara Falls City School District associated with buildings at DeVeaux Woods State Park for use as administrative offices, maintenance warehousing and related purposes. Unfortunately, no agreement was reached and neither party currently is pursuing such an arrangement.
LEGISLATIVE HISTORY: This is a new proposal
FISCAL IMPLICATIONS: There may be positive budget implications if long-term leases can be entered into associated with the properties subject to this bill
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4358--D Cal. No. 143 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________Introduced by Sens. LITTLE, MAZIARZ -- (at request of the Office of Parks, Recreation and Historic Preservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Tourism, Parks, Arts and Sports Development in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the parks, recreation and historic preservation law, in relation to leasing and licensing of property; and to repeal subdivi- sion 2-g of section 3.09 of such law relating to leases and licensing to the city school district of the city of Niagara Falls THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2-d of section 3.09 of the parks, recreation and historic preservation law, as amended by chapter 263 of the laws of 2012, is amended to read as follows: 2-d. Be empowered, in addition to any other provision of law authoriz- ing the leasing or licensing of property under its jurisdiction, to encourage investment by the private sector for the provision of equip- ment and capital improvements at historic sites, state park and recre- ation facilities by entering into lease or license agreements for an extended term not to exceed forty years at the following: in the first park region, for services provided at the observation tower, and for buildings and structures commonly known as the Cave of the Winds build- ing, the Top of the Falls Restaurant, the administration building, theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08962-12-4 S. 4358--D 2
visitor center, the Goat Island center, the snack bar at the Cave of the Winds, the current police building, the original Prospect Point elevator building, the lower landing snack bar and the Schoellkopf Museum, including improvements to structures and facilities appurtenant thereto at Niagara Reservation State Park, the site of the former casino, the former commission house and the eighty-slip boat marina within the boun- daries of Beaver Island state park and the structures known as the navy barracks, the post theater, the officers' club and the commandant's house within Fort Niagara state park, buildings and structures at Deveaux Woods state park, and buildings and facilities within Knox Farm state park; in the second park region, the building known as Minturn Mansion within Long Point on Lake Chautauqua state park; in the third park region, for buildings and structures commonly known as the Glen Iris Inn, the Pioneer Museum, the Pinewood Lodge, the Prospect house, the Lauterbrunnen house, the Lower Falls restaurant building, the pool concession stands, the North Entrance visitor center, the administration building, the Commission house and the Stone building, including improvements to structures and facilities appurtenant thereto at Letch- worth State park; in the fourth park region, the structures known as the caretaker's house and garage within the Buttermilk Falls state park; in the seventh park region, the structure known as the brick cottage and associated outbuildings at John Jay Homestead state historic site, the structure known as the Hoyt House and the barns at Ogden Mills and Ruth Livingston Mills state park, the outbuildings at Olana state historic site and the building commonly known as the Staatsburg School in Margar- et Lewis Norrie state park; in the eighth park region, for buildings and structures commonly known as the Bear Mountain Inn, the A. K. Morgan Overlook Lodge, the Cliff house, the Hilltop lodge, the Summit lodge, the Echo lodge, the Beaver lodge and the Spring lodge, including improvements to structures and facilities appurtenant thereto at Bear Mountain State Park; in the ninth park region, THE WINTER COTTAGE AND MAIN HOUSE AT CAUMSETT STATE HISTORIC PARK PRESERVE, RECREATIONAL FACIL- ITIES AT THE LOCATION OF THE AQUATIC COMPLEX AND CAMPGROUND AT HECKSCHER STATE PARK, the Boardwalk Restaurant at Jones Beach state park and the buildings and structures at Nissequogue state park; in the eleventh park region, the structure known as La Tour house, the former bottling plant and dormitory for adaptive reuse, and property for the development of a golf course and related facilities within Saratoga Spa state park. Any such lease or license may provide for reasonable rights of access, util- ities and parking located within the boundaries of the respective park or historic site. Such extended term shall be for the purpose of assur- ing a lessee or licensee adequate protection against loss of investments in developing, renovating, improving, furnishing and equipping such properties, and the length of the term of any such lease or license shall have a direct relationship to the period required to amortize the investment. Any such lease or license shall be entered into only after a finding by the commissioner that such action is compatible with public enjoyment and participation in adjacent park facilities, and in the case of structures listed on or eligible for the state register of historic places, that such lease or license will encourage investment by the private sector in restoring, preserving and maintaining such properties. In addition, such lease or license shall contain terms and conditions as the commissioner shall deem necessary to address environmental concerns, including any historic and recreational resources of such property; the compatible uses of adjacent park lands and facilities; and otherwise to protect the public interest. The bid prospectus submitted to prospectiveS. 4358--D 3
bidders shall contain specific information concerning the nature of the capital improvements or equipment to be provided by the successful bidder. Revenues from the lease or license of property pursuant to this section shall be deposited into the state park infrastructure fund established pursuant to section ninety-seven-mm of the state finance law. S 2. Subdivision 2-g of section 3.09 of the parks, recreation and historic preservation law is REPEALED. S 3. No lease entered into by the office of parks, recreation and historic preservation for the winter cottage and main house at Caumsett state historic park preserve, or for recreational facilities at the location of the aquatic complex and campground at Heckscher state park, shall result in the impairment of any existing collective bargaining agreements. S 4. This act shall take effect immediately.