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LOCKPORT – The Niagara County Legislature could be ready to vote on a final sale of the former county nursing home as soon as its Aug. 6 meeting, County Attorney Claude A. Joerg said.

Joerg said his office is drawing up final terms and a deed for the sale of Mount View Health Facility to David M. Tosetto of Youngstown.

The Legislature voted a year ago to sell the Upper Mountain Road building to Tosetto for $550,000. However, County Manager Jeffrey M. Glatz said the price will be adjusted downward because of the cost Tosetto will face to remove asbestos from the 74-year-old, five-story building.

Glatz said the county obtained a quote of $600,000 for that work, which the manager said Tosetto will have to pay.

The county spent $16,222 on the asbestos analysis by Sienna Environmental Testing of Buffalo.

“My hope is, we’ll have something to present on Aug. 6,” Glatz said.

Tosetto, the longtime director of development at Elderwood Senior Care, plans a 150-bed assisted-living facility in the nursing home, which the county closed at the end of 2007.

Gerald S. Sacca said he doesn’t know what the problem might be, but he said his client was told about it before he started representing them on the deal.

Assistant County Attorney R. Thomas Burgasser said, “The county’s not concealing anything from Gerry Sacca or his clients.”

Burgasser said he intends to make a closed-door presentation “about some negotiations that we have issues with” to the Legislature’s Public Works Committee Monday.

“They have acknowledged to me that there’s something there,” Sacca said. “I think I’d like to find out before my clients purchase it and get stuck with the cost of a cleanup.”

Glatz said he knew there was an environmental report but didn’t know its contents. A spokeswoman for the state Department of Environmental Conservation said the DEC has no listing of a hazardous site for any county-owned land on Davison Road.

R.B. Mac wants to buy the land to erect a mixed-use development of homes, apartment houses and retail.

The deal is supposed to happen in two phases, Sacca said. The first phase would be 16.9 acres closest to the road and would include five buildings: the Switzer Building, which is the former county infirmary and Social Services headquarters; its former chapel; a two-story brick Buildings and Grounds storage structure; a two-story brick Parks Department storage building; and a 2½-story brick house.

The second phase would be 54 acres behind the first parcel, which is mostly open land. Sacca said that purchase would not include the An-Jo League baseball field, an old cemetery for poor people who died at the infirmary or two county records storage buildings. However, R.B. Mac would have a right of first refusal on the records buildings.

Some sources speculated that the trouble might be petroleum in the soil from vehicle repairs over the years at the Buildings and Grounds and Parks buildings. Sacca said he didn’t know.

The Switzer Building is known to contain asbestos and mold. Glatz said the county intends to sell it “as-is.”

email: tprohaska@buffnews.com