Local Law no.3 APPROVAL/LOCAL LAW/AMEND CHAPTER 31/CODE OF PUTNAM COUNTY ENTITLED “COUNTY PROPERTY”

County of Putnam
Local Law #3 of 2014
(Passed at the February 7, 2014 Regular Meeting)
APPROVAL/LOCAL LAW/AMEND CHAPTER 31/CODE OF PUTNAM COUNTY ENTITLED
“COUNTY PROPERTY”
A Local Law to Amend Chapter 31 of the Code of Putnam County entitled “County
Property”
BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF PUTNAM, as follows:
Section 1.
Section 31-4 of Chapter 31 of the Code of Putnam County entitled “Sale by resolution” is
hereby amended to read as follows:
§ 31-4. Sale by resolution.
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 two-thirds 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 therefore. 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to be contractual in nature, and may be rescinded and revoked by subsequent resolution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
sub-article 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 N.Y.S. County Law § 215 and other statutes not the subject of
this legislation shall remain in full force and effect.
Section 2.
Section 31-8 of Chapter 31 of the Code of Putnam County entitled “Sale of property
acquired by County” is hereby amended to read as follows:
§ 31-8. Sale of property acquired by County.
A. Public auction.
(1) Within a reasonable time after the Court renders judgment in favor of the County,
authorizing the Enforcing Officer to convey title to the County, the Enforcing Officer and
the County Attorney shall establish a date for a public auction. The County shall
endeavor to hold at least one public auction each year, or when otherwise needed, as is
determined by the Enforcing Officer and the County Attorney. Such auction or auctions
shall be conducted on behalf of the County by the Enforcing Officer and the County
Attorney. The Enforcing Officer and the County Executive may execute a contract from
time to time with an auction company to assist with the auction. All parcels, except those
sold through a private sale pursuant to the provisions herein, or retained for public use,
or retained by the County of Putnam for future determination, or conveyed to another
municipality for public use, shall be subject to a public auction. Public notice of such
auction shall be made at such times, places and manner in the discretion of the
Enforcing Officer and the County Attorney who may seek the advice of the auction
company, if any, hired by the County to assist with the auction.
(2) The terms of sale for the annual public auction shall be prepared, and modified from
time to time, by the Enforcing Officer and the County Attorney, who may seek the advice
of the auction company, if any, hired to assist in the auction. Bids made at such auction
shall be subject to final approval by resolution of the Legislature, and any bid may be
rejected by resolution of the Legislature in its sole discretion.
(3) The Enforcing Officer and the County Attorney shall have the authority to make any
and all decisions of a ministerial or procedural nature which may arise during the course
of the conduct of said public auction,
(4) The Enforcing Officer and the County Attorney shall be authorized to conduct more
than one public auction annually, if necessary.
(5) After all unredeemed parcels have been offered for sale at not less than two (2) public
auctions, the County shall attempt to sell any unsold parcels at private sale or
subsequent public auction or retain one or more specific parcels for public use.
B. Private sale.
(1) Anything above to the contrary notwithstanding, a private sale may be authorized on
a case-by-case basis by resolution of the Legislature after considering the
recommendation of the Enforcing Officer, the County Attorney and the Director of Real
Property Tax Services. Any such private sale agreement must be approved by a
resolution adopted by the affirmative vote of two-thirds of the total membership of the
Legislature.
(2) The Legislature retains sole discretion to approve a private sale, or not, in the best
interest of the County, keeping in mind that it is otherwise the policy of the County, as
expressed herein above, that real property not retained for public use shall be sold at
public auction. The following are examples of criteria to be used to approve a private
sale, but this list is not intended to be exhaustive:
(a) Sale of property when it has been determined by the Legislature that an
environmental condition may exist on said property, such that it would likely be
unmarketable to the general public.
(b) Sale of property to a governmental entity for public use.
€ Sale of property when physical or legal conditions exist which would make the sale
thereof at public auction impractical or unadvisable.
(d) Sale of property to a contiguous owner:
[i] To provide access to a landlocked property.
[ii] To resolve a problem created by an encroachment, shared well or septic system, or
common driveway, etc.
[iii] If the parcel cannot be otherwise improved under existing zoning regulations.
€ Sale of property where it has first been determined by the Legislature that it would
be most financially advantageous to the County to offer said 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. The initial offer amount shall be determined by the
Enforcing Officer, based upon a certified appraisal and/or a comparative market
analysis, and with the advice and recommendation of the Legislature, the County
Attorney, the Director of Real Property Tax Services, and the licensed real estate broker
so retained. Any/all subsequent modifications to the offer amount shall thereafter be
determined by the Enforcing Officer 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.
(3) In no event shall any property be sold at private sale pursuant to this article for the
purpose of promoting economic development, except for a sale through the applicable
Multiple Listing Service by utilizing the services of a license real estate broker.
(4) In addition to the sales price, the purchaser shall pay to the County of Putnam all
other lawful charges and fees.
Section 3.
This Local Law shall take effect immediately.