The purpose of this article is to establish the policy and procedures
in the County of Putnam for the sale of parcels of real property no
longer needed for County purposes in lieu of New York State County
Law § 215.
When used in this article, the following definitions apply:
The County of Putnam, a political subdivision of the State
of New York.
The Putnam County Legislature.
A.
This subject is presently regulated by New York State County Law
§ 215, which requires, except for property which the County
acquired by tax title or accepted for welfare assistance, or lands
purchased or acquired for highways or canals or pursuant to § 850
of the New York State County Law, that upon a determination of the
County Legislature that County property is no longer necessary for
public use, such governing body, by resolution adopted by the affirmative
vote of 2/3 of the total membership taken by roll call and entered
into the minutes, may sell and convey all of the right, title and
interest of the County therein, and that such property may be sold
only to the highest responsible bidder after public advertising.
B.
Occasions arise where it is in the best interest of the County to
dispose of real and/or personal property to a specific third party
without the necessity of complying with the requirements of New York
State County Law § 215. In order to accommodate this need,
the Putnam County Legislature hereby provides for the modification
of the provisions of New York State County Law § 215 so
that, in the future, conveyances of property no longer necessary for
public use shall be simplified.
[Amended 7-3-2012 by L.L. No. 10-2012; 2-7-2014 by L.L. No.
3-2014]
A.
When the County Legislature shall determine that any County real
or personal property is no longer necessary for public use, it may,
by resolution adopted by the affirmative vote of 2/3 of the total
membership of the Legislature taken by roll call and entered in the
minutes, sell or otherwise convey all the right, title and interest
of the County therein and declare the terms governing said transaction,
including the consideration therefor. The documents of conveyance
shall be approved by the County Attorney and executed by the County
Executive. A contract of sale preceding the conveyance shall be desirable
but not mandatory, and the absence of a contract shall not negate
or otherwise impair the conveyance itself once there has been execution
and delivery. A resolution authorizing a conveyance shall not be deemed
to be a contract, nor to be contractual in nature, and may be rescinded
and revoked by subsequent resolution of the Legislature at any time
prior to the actual consummation of the conveyance. Property sold
or otherwise conveyed pursuant to this provision shall be to the highest
responsible bidder after public advertisement, except that the Legislature
shall have the option to approve the transfer of a parcel of real
property without having first advertised for bids, by a two-thirds
vote of its membership, in the following instances:
(1)
Where it has been determined by the Legislature that an environmental
condition may exist on said parcel, such that it would likely be unmarketable
to the general public. In such instance, the Legislature may approve
said transfer upon such conditions as it may deem to be in the best
interests of the County; or
(2)
Where a not-for-profit agency/entity has approached the County with
respect to a particular parcel of real property, and has requested
that said parcel be transferred to it for a charitable purpose. Any
such transfer shall be subject to the retention of a reversionary
interest by the County, the terms of which shall be determined by
the Legislature, together with any/all other conditions as the Legislature
may deem to be in the best interests of the County; or
(3)
Where a not-for-profit agency/entity has approached the County with
respect to a particular parcel of real property, and has requested
that said parcel be transferred to it for future use by the general
public for a legitimate public purpose. Any such transfer shall be
subject to the retention of a reversionary interest by the County,
the terms of which shall be determined by the Legislature, together
with any/all other conditions as the Legislature may deem to be in
the best interests of the County.
(4)
Where it has first been determined by the Legislature that it would be most financially advantageous to the County to offer the property for sale through the applicable multiple listing service by utilizing the services of a licensed real estate broker selected in accordance with the applicable provisions of Chapter 140 of the Putnam County Code. In such instance, the Legislature may thereafter approve said transfer upon such conditions as it may deem to be in the best interests of the County. The initial offer amount shall be determined by the County Executive based upon a certified appraisal and/or a comparative market analysis, and with the advice and recommendation of the Legislature and the licensed real estate broker so retained. Any/all subsequent modifications to the offer amount shall thereafter be determined by the County Executive based upon the advice and recommendation of the licensed real estate broker so retained and the Chairman of the Physical Services Committee of the Putnam County Legislature who shall inform other members of the Legislature of the modification.
B.
In no event shall the Legislature approve the transfer of any property
pursuant to this section for the purpose of promoting economic development,
except when sold either to the highest responsible bidder after public
advertisement, or through the applicable multiple listing service
by utilizing the services of a licensed real estate broker.
C.
The income and proceeds of the sale of any County property no longer
necessary for public use may be applied toward the payment of the
cost of new sites and buildings or expended for other lawful County
purposes.
D.
Nothing herein shall be construed to authorize the sale of any County
property where such disposition is prohibited or restricted by law.
E.
All other provisions of New York State County Law § 215
and other statutes not the subject of this legislation shall remain
in full force and effect.
