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.

                                BILL NUMBER:S4784A

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. Adam 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. Adam 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
30th 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:

The former J. N. Adam 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 consists of the majority of buildings,
including several large buildings with historically significant
features that 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 have
been rotting and deteriorating at a rapid pace since 2006. 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. It is desirous of
having the property placed upon the tax roll or to have an alternative
use found that will transform it and bring benefits to the community.

The community deserves to have the problems that have occurred with
this property since the state abandoned it 24 years ago finally
resolved. It is a derelict property that is now a risk to public
safety and an eyesore that hampers community development and action
must be taken to resolve the issue. This legislation will ensure that
the future of the property will be one that will be in the best
interest of both the state and the community.

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 been barriers to 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 safety concern.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately.

                                BILL NUMBER:S4784B

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. Adam Developmental
Center facility within the town of Perrysburg within Cattaraugus
County.

SUMMARY OF PROVISIONS:

Section one adds a new section to require that the Office for Persons
with of declare conduct a survey of land and buildings that the office
is currently utilizing and wishes to retain for use on the J.  N. Adam
developmental center in Cattaraugus County.

Section two declares all the remaining portion of the J. N. Adam
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 three describes the J. N. Adam Developmental Center.

              

Section four provides that the Commissioner of General Services shall
examine, evaluate and make recommendations concerning the most
appropriate use and alternative use of the remaining 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 five 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 December
1, 2016.

Section 5 authorizes and directs the Commissioner of the Office of
General Services to complete all actions necessary to implement his
recommendations by December 1, 2017.

Section six provides for an immediate effective date, with the
provision that sections two and four take effect one year after
enactment.

JUSTIFICATION:  The former J. N. Adam 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 consists of the majority of buildings,
including several large buildings with historically significant
features that 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 have
been rotting and deteriorating at a rapid pace since 2006. 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. It is desirous of
having the property placed upon the tax roll or to have an alternative
use found that will transform it and bring benefits to the community.

The community deserves to have the problems that have occurred with
this property since the state abandoned it 24 years ago finally
resolved. It is a derelict property that is now a risk to public
safety and an eyesore that hampers community development and action
must be taken to resolve the issue. This legislation will ensure that
the future of the property will be one that will be in the best
interest of both the state and the community.

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 been barriers to 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 safety concern.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE:  This act shall take effect immediately. Subject to
sections two and four taking effect one year after enactment.