[HISTORY: Adopted by the Town Board of the
Town of Greenwich 2-11-2020. Amendments noted where applicable.]
A.
The acquisition of the properties and the current use of the Town
office space raises the question of how to meet the potential demand
for the use of the Town property by private citizens or organizations.
The subject includes both limited short-term uses, i.e., permits for
single events, as well as long-term leases. This Town policy will
be helpful by:
B.
The Supervisor will establish a Committee to oversee and manage the
Town's real property. Members: five members appointed by the
Supervisor. Members shall be volunteers and serve without pay.
A.
Inventory: establish and maintain an inventory of all real property
owned by the Town and current use.
B.
Eligible property: identify property eligible for leasing, including
property requiring renovations in order to be made eligible.
C.
Use: identify the purposes for which eligible parcels could be used,
e.g., government, commercial, nonprofit, etc.
D.
Rent: ascertain fair market value or rent for parcels deemed eligible
private use potential public benefit use by nonprofit organization
with reduced or in-kind service rental after evaluating the financial
status of the organization.
E.
Master lease: in consultation with the Town Attorney, establish a
master lease agreement and permit. In the case of a lease to nonprofits
for less than fair market value, the lease should specify in detail
the public benefit or service to be provided.
F.
Lease application: develop a standard lease and permit application,
which should include but need not be limited to:
(1)
Details of each person or entity that will have an interest in the
proposed lease, including evidence of financial condition;
(2)
The capability, expertise and experience of the potential lessee
with respect to the proposed leasehold development and operation;
(3)
In the case of a not-for-profit organization, the special public
benefits to be derived from the lease or permit.
G.
Recommendations: Report recommendations to Town Council of property
eligible for lease or temporary permits and possible uses. On approval
by Town Council:
(1)
Advertise properties eligible for lease or permits;
(2)
Review and judge applications;
(3)
Negotiate terms;
(4)
Submit negotiated lease to Town Council for action pursuant to Town
Law, § 64, Subsection 2 (see below).
(Note: Town Council could delegate to board, committee, etc.,
power to approve short-term, single-event permits.)
A.
Section 64, Subsection 2, of the New York State Town Law authorizes
Town Boards to lease real property in the name of the Town: " 2. Acquisition
and conveyance of real property. May …upon the adoption of
a resolution, convey or lease real property in the name of the town,
which resolution shall be subject to a permissive referendum."
B.
ARTICLE VIII New York State Constitution.
(Gift or loan of property or credit of local subdivisions prohibited)
"§ 1. No county, city, town, village or school district
shall give or loan any money or property to or in aid of any individual,
or private corporation or association, or private undertaking, …
nor shall any county, city, town, village or school district give
or loan its credit to or in aid of any individual, or public or private
corporation or association…."
Note: There is Case Law that says although municipalities may
not give funds to a private entity, they may contract with such entities
to provide specific activities or services that constitute a proper
municipal purpose. This should be considered when leasing for less
than market value.
C.
Town Law, § 90 Acts or resolutions of the town board that
are subject to a referendum on petition.
"Whenever this chapter shall expressly provide that an act or
resolution of the town board is subject to a permissive referendum,
such act or resolution shall be subject to a referendum on petition
as set forth in the next section…. Within ten days after the
adoption by the town board of any resolution which is subject to a
permissive referendum as above defined, the town clerk, in the same
manner as provided for notice of a special election, shall post and
publish a notice which shall set forth the date of the adoption of
the resolution and contain an abstract of such act or resolution concisely
stating the purpose and effect thereof. The notice shall specify that
such resolution was adopted subject to a permissive referendum."
D.
See Town Law, § 91 Referendum on petition, for procedure
on filing.