BILL NUMBER: S548
SPONSOR: STEC
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to section 1 of article 14 of the constitution, in relation to authoriz-
ing the sale of certain forest preserve land which was not intended to
be included in the forest preserve
 
PURPOSE:
To secure initial passage of a concurrent resolution to amend Article
XIV, Section 1 of the New York State Constitution to authorize the state
to convey certain forest preserve land. These lands are the former Camp
Gabriels Correction Facility.
 
SUMMARY OF PROVISIONS:
The concurrent resolution authorizes the state to convey at public or
private sale up to ninety-two acres of forest preserve land along State
Route 86, part of Lot 78, Township 18, and Great Tract 1, notwithstand-
ing the foregoing provisions an subjects to legislative approval prior
to actual transfers of title. Any revenue derived from such conveyance
must be paid into an account of the state to be used only for acquisi-
tions to the forest preserve.
 
JUSTIFICATION:
The land that comprises Camp Gabriels has been continuously developed
since at least 1895 and was in private hands until 1982. The site and
several buildings were acquired for use as a sanatorium by the Sisters
of Mercy Order. Sanatorium Gabriels officially opened in July 1987 for
the treatment of Tuberculosis. After World War II, the facility was used
for the field of geriatrics due to the decline in the number of tubercu-
losis cases. Eventually, the Sisters of Mercy Order decided to sell the
property and it was sold on August 15, 1965 for $150,000 to Paul Smith's
College. The Gabriels campus included student housing as well as class-
rooms and a cafeteria. New buildings were added to the campus. By 1988
many buildings were not used due to declining enrollments and the
College began moving the Forestry Program back to the main campus.
On April 9, 1982, the Department of Correctional Services ("DOCS")
purchased the property from Paul Smith's College for $635,000. At that
time, the property consisted of approximately 221 acres and included 19
buildings. The contract of sale was approved by the Attorney General and
OSC. The full warranty deed was executed by the College and recorded
with the Franklin County Clerk's office on June 21, 1982. The deed
provides that "It is intended that all of the above-described premises,
except for the following described parcel... become and be part of the
Adirondack Forest Preserve." The portion that was intended to be
exempted consisted of the developed portion of the property that was to
be used by DOCS as Camp Gabriels with some surrounding trees.
DEC applied to OGS under Section 3(4) of the Public Lands Law for a
transfer of jurisdiction of 129.2 acres deemed necessary for addition to
the Adirondack Forest Preserve. The application was approved by OGS in
an order dated March 3, 1983. During the time Camp Gabriels was a
corrections facility, a number of existing buildings were upgraded and
new buildings were constructed. Camp Gabriels was closed and vacated by
DOCS effective July 1, 2009 in accordance with the requirements of Chap-
ter 56 of the Laws of 2009. It was subsequently transferred pursuant to
the Public Lands Law to OGS' jurisdiction. In a memo dated December 17,
2010, OGS received advice from the Executive Director of the Adirondack
Park Agency with respect to the proposed reuse of the property, which
included classifying it as "Moderate Intensity Use. That use of the
property allows for development opportunities in areas where development
will not significantly harm the physical and biological resources.
According to the APA's Memorandum, the Camp has enough acreage for 71
principal buildings under the Adirondack Park Land Use and Development
Plan. OGS' Report of Physical Inspection of Improvements, dated Septem-
ber 9, 2010, stated that the size of the property is +- 91.7 acres and
that there are a total of 48 structures that range from an open covered
weight pavilion, an outdoor cooler and freezer to a chapel and shrine,
an administrative building, housing units and several support buildings.
The Report also noted that there is a Sewage Treatment Plant and a
Wastewater Treatment Plant.
OGS has twice attempted unsuccessfully to sell the property at auction,
in April and November, 2011. Since that time, there has been renewed
interest in selling or leasing Camp Gabriels, currently including a
not-for-profit organization that operates educational summer camps for
young children and teenagers purchasing the property as well as a group
interested in developing a Native American cultural education center.
This constitutional amendment would enable the sale, lease or other
disposition for Camp Gabriels thereby assisting the local economy and
communities as well as removing this property as a financial liability
for the State.
 
LEGISLATIVE HISTORY:
2023/2024: S27 passed Senate, A2486 referred to Judiciary
2022/2021 Passed Senate, A794 referred to Judiciary
2020/2019: S1959 referred to Judiciary; A1629 referred to Judiciary
2018/2017: S2041 passed Senate; A5739 referred to Judiciary
2016: S8028A passed Senate
 
FISCAL IMPLICATIONS:
Any revenue derived from the conveyance of these lands will be paid into
an account of the state to be used only for acquisitions to the Forest
Preserve.
 
EFFECTIVE DATE:
Resolved, if the Assembly concur, That the foregoing be referred to the
first regular legislation session convening after the next succeeding
general election of members of the Assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.