senate Bill S6719

Amended

Authorizes office of parks, recreation and historic preservation to lease and license the use of buildings and facilities within Knox Farm state park

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Mar / 2012
    • REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • 01 / May / 2012
    • 1ST REPORT CAL.622
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 09 / May / 2012
    • PASSED SENATE
  • 09 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 09 / May / 2012
    • REFERRED TO TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT
  • 05 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 05 / Jun / 2012
    • RETURNED TO SENATE
  • 05 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 05 / Jun / 2012
    • AMENDED ON THIRD READING 6719A
  • 20 / Jun / 2012
    • SUBSTITUTED BY A10546

Summary

Authorizes office of parks, recreation and historic preservation to lease and license the use of buildings and facilities within Knox Farm state park.

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Bill Details

Versions:
S6719
S6719A
Legislative Cycle:
2011-2012
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Amd §3.09, Pks & Rec L

Sponsor Memo

BILL NUMBER:S6719

TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to leasing and licensing of property

PURPOSE OF THE BILL:

The bill would permit the Commissioner of Parks, Recreation and Historic
Preservation ("Commissioner") to enter into a lease or license not to
exceed forty years for the adaptive reuse of a structure at Peebles
Island State Park and buildings and facilities at Knox Farm State Park
for residential or commercial purposes.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend the Parks, Recreation and Historic
Preservation Law ("PRHPL") § 3.09, subd. 2-d to add the "bleachery"
property at Peebles Island State Park ("Peebles") and buildings and
facilities at Knox Farm State Park ("Knox") to the list of facilities
that the agency can enter into private leases for terms of up to forty
years.

Section 2 of the bill would make the bill effective immediately upon
enactment into law.

EXISTING LAW:

PRHPL § 3.09(2-d) authorizes the Commissioner to enter into leases of a
number of specifically-named park structures for terms of up to forty
years, in recognition that the extensive capital improvements needed to
the listed structures require longer lease terms to secure private
investment. In entering into any such lease, the Commissioner is
required to ensure that the use of the leased structure is compatible
with the public enjoyment of adjacent park facilities. Further, the
lease must contain terms and conditions that the Commissioner deems
necessary to address environmental, historic and recreational resources
and to protect the public interest. Revenues from leases are. deposited
in the State Park Infrastructure Fund to preserve, improve or rehabili-
tate park infrastructure.

LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

The Office of Parks, Recreation and Historic Preservation ("OPRHP") has
identified several structures within the Peebles and Knox that would
benefit from the additional lease terms afforded under PRHPL

3.09(2-d). This bill would add these two additional properties to
approximately fifty other properties previously designated by the Legis-
lature as requiring longer term leases in order to attract private funds
for repair and rehabilitation efforts. These efforts in the past have
resulted in the renovation of such properties as the former bottling
plant in Saratoga Spa State Park, which now houses the Automobile Muse-
um.

Peebles Island State Park

Peebles Island State Park is a 191 acre park that sits at the inter-
section of the Hudson and Mohawk Rivers, offering passive recreational
opportunities such as hiking, fishing and picnicking. OPRHP purchased
the property in 1973. The park includes several historic structures,
listed on the National and State Registers of Historic Places, including
the "bleachery" complex (a 2-story building) built in 1910 by the
Cluett, Peabody & Co., which at one time was the largest manufacturer of
men's collars and shirts in the United States. OPRHP previously rehabil-
itated some portions of the building, which house the offices of the
Division of Historic Preservation. However, other portions of the
bleachery complex have been unused and unheated since 1972 and have
significantly deteriorated. OPRHP neither has the funding necessary to
rehabilitate the building for reuse nor has it identified an agency use
for it.

Knox Farm State Park

OPRHP acquired Knox Farm State Park in 2000. Its 633 acres are comprised
of walking paths and trails, 400 acres of grasslands, 100 acres of wood-
lands, ponds and several wetland areas, and soccer fields and riding
areas maintained by the Town of Aurora. It includes a thirty- five room
house with several outbuildings and an equestrian area. It is an
outstanding example of farm and equestrian buildings from the turn of
the 19th century that are eligible for listing on the State and National
Registers of Historic Places. Many of the structures are in relatively
stable condition, but OPRHP has no use for the main house, the equestri-
an area and barns, and other vacant structures. Because they are vacant,
they are deteriorating. Significant investment is needed to bring them
into compliance with current building codes and make them accessible.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

The bill would take effect immediately upon enactment into law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6719

                            I N  S E N A T E

                             March 13, 2012
                               ___________

Introduced  by Sen. LITTLE -- (at request of the Office of Parks, Recre-
  ation and Historic Preservation) -- 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 leasing and licensing of property

  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 302 of the laws  of
2011, 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, AND BUILDINGS AND FACILITIES  FOR  ADAPTIVE
REUSE  FOR  COMMERCIAL  OR  RESIDENTIAL  PURPOSES 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14247-03-2

S. 6719                             2

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 Boardwalk  Restaurant
at  Jones  Beach  state park and the buildings and structures at Nisseq-
uogue 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, AND THE FORMER CLUETT, PEABODY & COMPANY
SHIRT  MANUFACTURING  COMPLEX FOR ADAPTIVE REUSE FOR COMMERCIAL OR RESI-
DENTIAL PURPOSES WITHIN PEEBLES ISLAND STATE PARK.  Any  such  lease  or
license may provide for reasonable rights of access, utilities and park-
ing  located  within  the  boundaries of the respective park or historic
site. Such extended term shall be for the purpose of assuring  a  lessee
or  licensee adequate protection against loss of investments in develop-
ing, 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 struc-
tures  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.

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