Authorizes the office of parks, recreation and historic preservation to lease the caretaker's house and garage within the Buttermilk Falls state park.
TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to authorizing the lease of the caretaker's house and garage within the Buttermilk Falls state park
PURPOSE: To permit the Commissioner of Parks, Recreation and Historic Preservation to enter into a license or lease agreement for an extended term not to exceed forty (40) years for the structures known as the Caretakers; House and Garage within Buttermilk Falls State Park and amend a misspelling of the word Nissequoque.
SUMMARY OF PROVISIONS: The bill amends subdivision 2-d of section 3.09 of the Parks, Recreation and Historic Preservation Law to authorize the Commissioner of Parks, Recreation and Historic Preservation to enter into a long-term license or lease for the development, maintenance and operation of the structure known as the Caretaker's House and Garage in Buttermilk Falls State Park.
Any such license or lease will be subject to existing statutory requirements for compatibility, with the public enjoyment of adjacent park facilities and protection of environmental, historic and recreational resources and the public interest. Revenues from such license or lease will be deposited in the State Park Infrastructure Fund.
JUSTIFICATION: This proposal will enable the Office of Parks, Recreation and Historic Preservation to continue and extend the successful public/private partnerships that have enhanced park facilities and programs throughout the State to the structures known as the Caretaker's House and Garage within Buttermilk Falls State Park. The existing structures are in stabilized condition but are obsolete to the needs of the Park without substantial capital investment in an appropriate, park compatible adaptive reuse. This act would encourage private investment in these structures that will create an adaptive reuse of the buildings, resulting in potential lodging opportunities consistent with the vision of the Park and the surrounding community, and will provide services and facilities which will complement the public's enjoyment and use of Buttermilk Falls State Park. Any proceeds from a license or lease will be invested in capital improvement to the State Park system.
LEGISLATIVE HISTORY: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 5133 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the parks, recreation and historic preservation law, in relation to authorizing the lease of the caretaker's house and garage within the Buttermilk Falls state park 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 541 of the laws of 2003, 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, the 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, and the buildings and structures at Deveaux Woods state park; in the second park region, the building known as Minturn Mansion within Long Point on Lake Chautauqua stateEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10868-02-1 S. 5133 2
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 build- ing, including improvements to structures and facilities appurtenant thereto at Letchworth State park; IN THE FOURTH PARK REGION, THE STRUC- TURES 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 Staats- burg School in Margaret 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 Boardwalk Restaurant at Jones Beach state park and the buildings and structures at
[Nissequoque]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 prospective 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. This act shall take effect immediately.