Authorizes SUNY college at Westbury to lease lands for the construction and operation of a child care center.
Ayes (58): Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act authorizing the lease of lands located at the State University of New York College at Old Westbury
PURPOSE: This legislation would permit SUNY Old Westbury to lease lands to the Old Westbury College Foundation, Inc. for the purpose of creating a child care center to serve students, faculty, staff and the local community.
SUMMARY OF PROVISIONS: Section 2 of the bill authorizes the State University of New York (SUNY) to lease a parcel of land, 11.2 acres, to the Old Westbury College Foundation Inc. for the purpose of developing, constructing and operating a child-care center. Section 3 through Section 9 details the leasing, contracting and construction provisions of the act. Section 10 describes the metes and bounds of the property to be authorized for lease.
JUSTIFICATION: The proposed child care center will provide numerous services to the student body and staff at SUNY College at Old Westbury, as well as the local community.
SUNY Westbury has been striving to provide sufficient child care services for the local community and those directly involved with the school since 1999. In 1999, legislation was approved that established 7 potential development sites on the campus to be leased to the Old Westbury College Foundation, Inc., including one that was intended to be a child care center. In 2001 this land-lease legislation was revised, allowing for a two year window for lease development for the purposes of child care and equestrian sites on the campus. In 2003, the previously approved land-lease provisions expired before any sufficient plans for a child care facility could be drawn out, or the center constructed.
The expectation is that a center will be developed that is inclusive of children with developmental delays or disabilities. There will be an emphasis put on the sustainability and environmental responsibility of the center through both its' construction and the center's curriculum and services.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5312 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT authorizing the lease of lands located at the State University of New York College at Old Westbury THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds that the devel- opment, construction and operation of a child-care center upon the grounds of the State University of New York College at Old Westbury is necessary and appropriate to further the objectives and purposes of the State University of New York in its support of Old Westbury and fulfills a necessary and desirable public purpose. The legislature further finds that granting the trustees of the State University of New York the authority and power to lease and otherwise contract to make available grounds and facilities of the campus of the State University of New York College at Old Westbury will facilitate the development, construction and operation of such child-care center and also promote the effective use of such grounds and facilities which support the educational activ- ities of Old Westbury. S 2. Notwithstanding any other law to the contrary, the State Univer- sity trustees are hereby authorized and empowered, without any public bidding, to lease and otherwise contract to make available to the Old Westbury College Foundation, Inc., a not-for-profit corporation, a portion of the lands of the State University of New York College at Old Westbury generally described in this act for the purpose of developing, constructing and operating a child-care center, and for uses in support of campus activities; provided, however, that the development and opera- tion of a child-care center shall be of benefit to Old Westbury. Such lease or contract shall be for a period not exceeding thirty years with- out any fee simple conveyance and otherwise upon terms and conditions determined by such trustees, subject to the approval of the director ofEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10765-01-3 S. 5312 2
the division of the budget, the attorney general and the state comp- troller. In the event that the real property that is the subject of such lease or contract shall cease to be used for the purpose described in this act, such lease or contract shall immediately terminate and the real property and any improvements thereon shall revert to the State University of New York. Any lease or contract entered into pursuant to this act shall provide that the real property that is the subject of such lease or contract and any improvements thereon shall revert to the State University of New York on the expiration of such contract or lease. S 3. Any contract or lease entered into pursuant to this act shall be deemed to be a state contract for the purposes of article 15-A of the executive law, and any contractor, subcontractor, lessee or sublessee entering into such contract or lease for the construction, demolition, reconstruction, excavation, rehabilitation, repair, renovation, alter- ation or improvement authorized pursuant to this act shall be deemed a state agency for the purposes of article 15-A of the executive law and subject to the provisions of such article. S 4. Notwithstanding any general, special or local law or judicial decision to the contrary, all work performed on a project authorized by this act where all or any portion thereof involves a lease or agreement for construction, demolition, reconstruction, excavation, rehabili- tation, repair, renovation, alteration or improvement shall be deemed public work and shall be subject to and performed in accordance with the provisions of article 8 of the labor law to the same extent and in the same manner as a contract of the state, and compliance with all the provisions of article 8 of the labor law shall be required of any lessee, sublessee, contractor and/or subcontractor performing on the project. S 5. Notwithstanding any law to the contrary, all rights or benefits, including terms and conditions of employment, and protection of civil service and collective bargaining status of all employees of the State University of New York affected by the provisions of this act, shall be preserved and protected. Employees in any newly created positions within the State University of New York shall be considered public employees for all purposes of article 14 of the civil service law. S 6. Any contract or lease awarded or entered into by the Old Westbury College Foundation, Inc., and parties contracting or entering into a lease with the Old Westbury College Foundation, Inc. for construction, reconstruction, renovation, rehabilitation, improvement or expansion authorized pursuant to this act, for any single construction project exceeding ten million dollars in the aggregate, for which more than twenty-five percent of such aggregate amount is to be paid from appro- priations furnished by the state of New York or the State University of New York, shall be undertaken pursuant to a project labor agreement, as defined in subdivision 1 of section 222 of the labor law, provided that a study done by or for the contracting entity determines that a project labor agreement will benefit such construction, reconstruction, reno- vation, rehabilitation, improvement or expansion through reduced risk of delay, potential cost savings or potential reduction in the risk of labor unrest in light of any pertinent local history thereof. For purposes of applying the dollar thresholds set forth in this section, the term "single construction project" shall mean any construction, reconstruction, renovation, rehabilitation, improvement or expansion activity associated with one or more buildings, structures or improve-S. 5312 3
ments, including all directly related infrastructure and site work in contemplation thereof, that are functionally interdependent. S 7. Without limiting the determination of the terms and conditions of such contracts or leases, such terms and conditions may provide for leasing, subleasing, construction, reconstruction, rehabilitation, improvement, operation and management of and provision of services and assistance and the granting of licenses, easements and other arrange- ments with regard to such grounds and facilities by the Old Westbury College Foundation, Inc., and parties contracting with the Old Westbury College Foundation, Inc., and, in connection with such activities, the obtaining of funding or financing, whether public or private, unsecured or secured (including, but not limited to, secured by leasehold mort- gages and assignments of rents and leases), by the Old Westbury College Foundation, Inc. and parties contracting with the Old Westbury College Foundation, Inc. for the purposes of completing the project described in this act. S 8. Such lease shall include an indemnity provision whereby the lessee or sublessee promises to indemnify, hold harmless and defend the lessor against all claims, suits, actions, and liability to all persons on the leased premises, including tenant, tenant's agents, contractors, subcontractors, employees, customers, guests, licensees, invitees and members of the public, for damage to any such person's property, whether real or personal, or for personal injuries arising out of tenant's use or occupation of the demised premises. S 9. Any contracts entered into pursuant to this act between the Old Westbury College Foundation, Inc. and parties contracting with the Old Westbury College Foundation, Inc. shall be awarded by a competitive process. S 10. The property authorized by this act to be leased to the Old Westbury College Foundation, Inc. is generally described as that parcel of real property with improvements thereon, consisting of a total of approximately 11.2 acres, situated on the campus of the State University of New York College at Old Westbury. The description in this section of the parcel to be made available pursuant to this act is not meant to be a legal description, but is intended only to identify the parcel: BEGIN- NING at a point in the dividing line between lands now or formerly of the State of New York, Old Westbury College and The Hamlet Condominiums Number one, said point being distant 0.57 feet on a course of North 64 degrees 45 minutes 53 seconds West from a granite monument found, all as shown on a certain map entitled "MAP OF SURVEY, OLD WESTBURY COLLEGE TOWN OF OYSTER BAY, TOWN OF NORTH HEMPSTEAD, COUNTY OF NASSAU, STATE OF NEW YORK, DATED AUGUST 13, 2003," Prepared by Boswell Engineering (CAD File Supplied by the NEW YORK STATE OFFICE OF GENERAL SERVICES), Said Beginning Point having New York State Grid Coordinates North 226,605.93, East 1,104,156.61 (NAD 1983, New York State, Long Island Zone per said map); running thence (Bearings shown are in above-referenced system) (1) thence South 11 degrees 20 minutes 54 seconds East 759.47 feet to a granite monument found; (2) thence South 10 degrees 27 minutes 24 seconds East 142.27 feet to a proposed corner at an existing fence line; (3) thence following said fence line and it's extension South 76 degrees 14 minutes 16 seconds West 645.39 feet to a point in a line established in the above referenced CAD file, located approximately 10 feet from the edge of the traveled way of an access road known as Greentree Circle; running along said line the following 6 courses; (4) thence North 13 degrees 48 minutes 16 seconds West 330.29 feet to a point; (5) thence North 08 degrees 41 minutes 55 seconds West 72.76 feet to a point; (6)S. 5312 4
thence along a non-tangent curve to the RIGHT having a radius of 400.38 feet, an arc distance of 282.54 feet, a central angle of 40 degrees 25 minutes 55 seconds, a chord bearing of North 18 degrees 26 minutes 01 second East and a chord distance of 276.71 feet to a point; (7) thence along a non-tangent curve to the RIGHT having a radius of 1,319.33 feet, an arc distance of 203.46 feet, a central angle of 08 degrees 50 minutes 09 seconds, a chord bearing of North 44 degrees 09 minutes 14 seconds East and a chord distance of 203.26 feet to a point; (8) thence North 47 degrees 35 minutes 38 seconds East 274.70 feet to a point; (9) thence North 64 degrees 41 minutes 06 seconds East 121.12 feet to the point and place of BEGINNING. CONTAINING an area of 486,699 square feet or 11.173 acres of land, more or less. S 11. The State University of New York shall not lease lands described in this act unless any such lease shall be executed within three years of the effective date of this act. S 12. Insofar as the provisions of this act are inconsistent with the provisions of any law, general, special or local, the provisions of this act shall be controlling. S 13. This act shall take effect immediately.