S T A T E O F N E W Y O R K
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8342--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 14, 2011
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to authorize the commissioner of general services to transfer and
convey certain unappropriated state land to the incorporated village
of Freeport
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subject to the provisions of this act but notwithstanding
any other provision of law to the contrary, the commissioner of general
services is hereby authorized to transfer and convey to the incorporated
village of Freeport, in consideration of one dollar and upon such other
conditions as the commissioner may deem proper, the state land located
at 63 Babylon Turnpike, Freeport, in the county of Nassau, declared to
be abandoned state land by the division of military and naval affairs.
S 2. The lands authorized by section one of this act to be transferred
and conveyed are as follows:
ALL that piece or parcel of land, situate, lying and being in the
Village of Freeport, in the County of Nassau, State of New York, more
particularly bounded and described as follows:
BEGINNING at a point where the easterly line of Lakeview Avenue is
intersected by the southerly line of Hempstead-Babylon Turnpike and
running from said Point of Beginning thence southeasterly along the
southerly line of Hempstead-Babylon Turnpike about six hundred forty-six
(646) linear feet to the land of the City of New York and the Long
Island State Park Commission; thence running southwesterly and along the
lands of the City of New York and the Long Island State Park Commission
two hundred (200) linear feet; thence running northwesterly and parallel
with the southerly line of Hempstead-Babylon Turnpike about four hundred
thirty (430) linear feet to a point which would be ten (10) feet easter-
ly from the center line of the 18 inch diameter water main tank header
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13130-02-1
A. 8342--A 2
pipe; thence running northwesterly about fifty-eight (58) linear feet
and parallel with the 18 inch diameter water main tank header pipe, to a
point which would be about one hundred sixty-eight (168) linear feet
southerly from the southerly line of Hempstead-Babylon Turnpike, when
measured at right angles thereto; thence running southwesterly and ten
(10) feet parallel with and northerly from the 12 inch diameter water
main tank header pipe, when measured at right angles thereto, about one
hundred seven (107) linear feet to a point in the easterly line of Lake-
view Avenue; thence running northerly and along the easterly line of
Lakeview Avenue about two hundred fifty-eight (258) linear feet to a
point in the southerly line of Hempstead-Babylon Turnpike, the point or
place of beginning, containing within said bounds about three (3) acres.
BEING the same lands described in a deed from the Village of Freeport
to the People of the State of New York, dated June 13, 1949 and recorded
in the Nassau County Clerk's Office on June 20, 1949 in Book 3857 of
Deeds at page 384.
SUBJECT to any enforceable easements, restrictions or covenants of
record.
SUBJECT to any statement of facts an actual survey may show.
The said Conveyance containing a large 2-story brick building with an
armory, a "drill floor" and a fully operational security system (which
fixtures shall remain intact, operational and shall not be disturbed) on
the westerly portion of the complex (hereinafter, the "Main Building")
and an outlying one-story Quonset Hut-type building on the easterly end
of the complex (hereinafter, the "Auxiliary Building").
S 3. The description in section two of this act of the land to be
conveyed is not intended to be a legal description but is intended to
identify the parcel to be conveyed. As a condition of the purchase, the
incorporated village of Freeport may submit to the commissioner of
general services, for his or her approval, an accurate survey and
description of the lands to be conveyed, which may be used in the
conveyance thereof.
S 4. The office of general services shall not transfer or convey the
aforesaid land unless application is made to the office of general
services by the incorporated village of Freeport within 1 year after the
effective date of this act. Setting forth a comprehensive statement
approved by its board of trustees acknowledging and accepting the use
restrictions set forth herein and a full use plan for approval by the
commissioner of general services and the assembly member representing
the district where the facility is located.
S 5. (a) Any lands transferred pursuant to this act shall be used
exclusively for the purposes of the incorporated village of Freeport to
house programs that address the educational and civic needs of the
community. The westerly portion of the main building of the facility,
comprised of the east-west corridor rooms, power plant, drill floor and
armory is to be used exclusively as a community "Learning Center"
between the hours of 7:00 AM and 4:00 PM, and for traditional and non-
traditional adult education between the hours of 5:00 PM and 10:00 PM on
weekdays and a dedicated organizational use-mix, including an educa-
tional program operated by the Roosevelt Children's Academy and support
organizations providing educational and cultural opportunities, recre-
ation and related activities in the villages of Freeport and Roosevelt
in the main building.
(b) The village of Freeport shall set aside and provide a separate
entrance and exit to the entire east wing of the main building as dedi-
cated space for the housing and unlimited use of the following civic
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and/or any corporation, association or organization described in section
501(c)(3) of the United States internal revenue code located in the
villages of Freeport and Roosevelt shall be permitted to use such facil-
ity: Freeport-Roosevelt Police Athletic League; educational opportu-
nities, cultural recreation and related activities of the village of
Freeport and Roosevelt; the Roosevelt Children's Academy; the Zion
Community Development Corporation of Freeport; the Memorial Economic
Development Corporation of Roosevelt; the 71st Regiment Museum Associ-
ation and VOFW which organizations shall serve as a support system for a
Junior ROTC program and/or manhood training program; Boys and Girls
Scouts of America; Boys and Girls Clubs of America; Freeport-Roosevelt
NAACP; a village-designated Hispanic Civil Rights Organization in the
Roosevelt-Freeport area; Veterans of Foreign Wars; the Veterans of
Foreign Wars Museum; the Pan Hellenic Council of Fraternal Organiza-
tions; LINKS mentorship programs; 100 Black Men and the 100 Black Women
of Long Island; Negro Business and Professional Women of Nassau County
Mentorship Program; Potter's Association for Youth and Adults, Inc.; the
Quashie Community Resources Association; Rescue Co 1 WTC Memorial Foun-
dation and Charity Begins at Home Association, which dedicated space and
organizations shall be permitted to operate between the hours of 8:00 AM
and 9:00 PM for activities, and 7:00 AM and 10:00 PM for clerical and
administrative operations.
(c) The transferee shall provide access to other community organiza-
tions and civic associations in the non-restricted areas of the main
building between the hours of 5Labor PM and 9Labor PM on weekdays and
8Labor AM to 4Labor PM on weekend days, as shall be deemed appropriate
for liberal community service.
(d) The auxiliary building shall, in cooperation with the Zion Commu-
nity Development Corporation of Freeport and the Memorial Economic
Development Corporation of Roosevelt, be used as a combination and/or
convertible cafeteria, conference area, exhibit center and/or community
catering hall, etc., as shall be appropriate, for use by the proposed
academy or school, as the case may be, and by the general public.
(e) The village shall assess such reasonable cleaning and maintenance
fees on permanent non-profit public service organizations using the
dedicated spaces as shall be minimally necessary for the safe, efficient
and sanitary operation of the dedicated spaces of the main building;
and, the village shall assess such use fees as shall be reasonably
necessary to other community organizations and civic associations for
the operations contemplated herein, as provided by law.
(f) The village of Freeport shall provide an open access to the adja-
cent wetland parks preserve and Freeport-Merrick Lake waterways, in
cooperation with the department of environmental conservation, the
office of parks, recreation and historic preservation and Freeport parks
department, for use as an avian and marine life sanctuary, nature path,
botanical garden and exercise/running trail, which access shall be
incorporated into the transfer and the complex shall be open to the
entire community.
(g) Upon termination, in whole or in part, of the uses of the complex
set forth in this act title to the lands so transferred shall revert to
the state of New York.
S 6. The transferee shall on or before the first day of March of each
year following the year of conveyance, submit an annual report of "Use
and Compliance" to the commissioner of the office of general services
with a copy to each of the local state assembly and state senate repre-
sentatives for their review and comment, setting forth with specificity
A. 8342--A 4
(i) the uses to which the facility has been dedicated during the prior
12-month calendar year period, the public service groups assigned to the
dedicated spaces and a description of those spaces, the community groups
given actual access to the facility, the hours of operation of the
facility, and suggestions for new assignments (expansions), deletions
and/or reallocation of the dedicated spaces; and (ii) alterations and
improvement made or to be made to the facility in the 12 month periods
before and after the date of the report, including compliance with state
and federal minority and women business enterprise participation goals.
S 7. All planning, renovations, installations, upgrades and mainte-
nance to be performed at the facility shall comply in all respects with
the goals of the New York state minority and women business enterprise
participation program.
S 8. This act shall take effect immediately.