This bill has been amended

Bill S4784-2015

Declares the J. N. Adam developmental center to be abandoned state property, and directs the commissioner of general services to study and report on the best uses and alternative uses of such property

Declares the J.N. Adam developmental center to be abandoned state property, and directs the commissioner of general services to study and report, to the governor and legislature, on the best uses and alternative uses of such property.

Details

Actions

  • Apr 15, 2015: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S4784

TITLE OF BILL:

An act to declare the J.N. Adam developmental center to be abandoned state real property and directing the commissioner of general services to study and report on the most appropriate use and alternative uses of such center

PURPOSE:

The purpose of this legislation is to facilitate the remediation and provide a use for the former J. N. Adams Developmental Center facility within the town of Perrysburg within Cattaraugus County.

SUMMARY OF PROVISIONS:

Section one adds a new section to declare the J. N. Adams Developmental Center to have been abandoned by the Office of People with Developmental Disabilities and to constitute abandoned property pursuant to section 30 of the public lands law.

Section two and three provide that the Commissioner of General Services shall examine, evaluate and make recommendations concerning the most appropriate use and alternative use of the parcels constituting the former J. N. Adam Developmental Center. Such review shall include the removal of legal impediments to the conveyance and future use of such property, funding available for the maintenance of the facilities, necessary improvements to facilitate conveyance, and the impact of any conveyance upon the surrounding community.

Section 4 provides that the Commissioner of the Office of General Services shall submit a report of his findings, conclusions, and recommendations to the Governor, and the Legislature, before November 31st of this year.

Section 5 authorizes and directs the Commissioner of the Office of General Services to complete all actions necessary to implement his recommendations by December 31, 2016.

Section six provides for an immediate effective date.

JUSTIFICATION:

In former J. N. Adams Developmental Center in Perrysburg, New York was originally transferred to New York State in 1948 for use as a tuberculosis hospital and then as a residential and treatment facility by the then NYS Office of Mental Retardation and Developmental Disabilities (now known as the NYS Office for People with Developmental Disabilities- OPWDD). The campus consists of 44 buildings which were constructed by the City of Buffalo between 1912 and 1951. In 1991 OPWDD determined that the majority of the 670 acre parcel was no longer needed, but retained approximately 16 acres for the maintenance of a group home.

The remaining 649 acres parcel including the majority of buildings, including several large buildings with historically significant

features and have been placed on the NYS Register of Historic Places. Since 1991 the buildings (many containing asbestos and lead paint) and campus have been essentially abandoned and the facilities are since 2006 have been rotting and deteriorating at a rapid pace. The town of Perrysburg has identified the site as a potential health hazard due to the continued neglect, disrepair, and lack of security of buildings which may be causing exposure to or the dispersal of potentially hazardous material (including mold) and debris into the environment. The site has been vandalized numerous times and is an attractive nuisance to trespassers in the community. The Town suffers financially due to the property's exemption from taxation and is desirous of having the property placed upon the tax roll.

Efforts have been made over the years to place the property up for sale, but several legal impediments, including a right of reverter clause held by the City of Buffalo, and numerous environmental concerns have impeded the ultimate sale of the property. This bill will declare the unused property as abandoned state property and direct the Commissioner of OGS to timely act to remedy this growing safely concern.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4784 2015-2016 Regular Sessions IN SENATE April 15, 2015 ___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to declare the J.N. Adam developmental center to be abandoned state real property and directing the commissioner of general services to study and report on the most appropriate use and alternative uses of such center THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The J.N. Adam developmental center, in the county of Catta- raugus, as more fully described in section two of this act, is hereby declared to have been abandoned by the office for people with develop- mental disabilities, and is hereby determined to be abandoned state real property pursuant to section 30-a of the public lands law. S 2. The J.N. Adam developmental center, situate in the town of Perrysburg and county of Cattaraugus, is composed of approximately 649 acres of both developed and undeveloped land, and shall include any structures thereon. S 3. The commissioner of general services shall examine, evaluate and make recommendations concerning the most appropriate use and alternative use of the J.N. Adam developmental center. The commissioner shall exam- ine, with particular care, the removal of any legal impediments to the conveyance and future uses of the real property constituting such center, the availability of funding for the temporary maintenance of the facilities of such center, and any improvements to such center which may be necessary to facilitate the conveyance of all or any portion of the real property constituting the J.N. Adam developmental center by the office of general services pursuant to article 3 of the public lands law, including the impact of any such conveyance upon the surrounding municipalities and communities.
S 4. The commissioner of general services shall submit a report to the governor and the legislature, on or before November 31, 2015, of his or her findings, conclusions and recommendations, and shall submit there- with such legislative proposals as he or she deems necessary to imple- ment the commissioner's recommendations. S 5. The commissioner of general services is authorized and directed to complete all action necessary to implement his or her recommenda- tions, established pursuant to section three of this act, on or before December 31, 2016. S 6. This act shall take effect immediately.

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