Tompkins County Administrative Policy Manual

LAND TRANSACTIONS

Effective: October 6, 1998 01-07

Objective: To define procedures to follow regarding land transactions.

Reference: Resolution No. 317 of 1995, County Law Section 215, Local Law No. 3 of 1981.

Policy of the Board of Representatives:

A. It is in the best interest of the residents of Tompkins County to ensure that the County Board has knowledge of significant natural, cultural, and historical resources on lands in order to make informed decisions regarding acquisition, sale, or lease of land.

B. It is in the best interest of Tompkins County to protect itself from environmental liability associated with properties by determining the potential for such liability prior to land acquisitions.

C. It is in the best interest of the residents of Tompkins County for the Board of Representatives generally to seek to maximize the amount of money that it realizes from the sale or lease of real property. However, there may be times when the Board, for reasons it deems good and sufficient, wishes to sell or lease property at less than fair market value.

Procedure of the Board of Representatives:

1. The County Administrator shall be responsible for coordinating the implementation of this policy.

2. All County Departments shall notify the County Administrator as soon as possible when considering and before deciding on acquisition, disposition, or lease of property.

3. All actions governed by this Land Transaction Policy, not otherwise assigned to a Board committee, shall be referred to the Board of Representatives program committee responsible for government operations.

4. When the acquisition or disposition of property requires the preparation of documents related to compliance with the State Environmental Quality Review Act (SEQRA), the Department originating the action shall be responsible for the initial preparation of the documents. The SEQRA documents will then be reviewed by the Planning Department for technical completeness. The County Attorney shall then be responsible for ensuring compliance with the procedural requirements of SEQRA. All SEQRA documents shall be reviewed by the appropriate committee of the Board before going to the Board of Representatives for action.

5. The Director of Finance is authorized to pay for the hiring of outside organizations (for example, tradespeople and consultants), and the reimbursement of County departments to conduct investigations, or other work related to the acquisition, sale or lease of property. This work shall be funded with the proceeds of the sale or, in the absence of a sale, the general fund of Tompkins County.

County‑Owned Lands.

6. Inventory. The County Administrator shall maintain a complete list of County‑owned lands. The list shall contain pertinent historic and current information on method of acquisition, property location, property size, natural resources, cultural resources, historic resources, buildings and other structures, any available information regarding zoning compliance based on local and regional land use plans, and a description of the strategic value of the land to Tompkins County.

7. Reporting. Regular reports on County‑owned lands shall be prepared.

a) At least once every three years, beginning in 1998, the Planning Department, in cooperation with the County Administrator and the Public Works Department, shall prepare a report on the strategic value of all land holdings to the appropriate committee of the Board. This report shall make recommendations for changes in County land holdings or leases.

b) Annually, no later than 60 days prior to the annual auction of foreclosed properties, the County Administrator shall report on all lands previously withheld from the auction for the purpose of further investigation to the appropriate committee of the Board.

c) Annually, within 60 days following the annual auction of foreclosed properties, the Planning Department, in cooperation with the County Administrator and the Public Works Department, shall review and update the inventory of all County land holdings.

8. For land owned by the County at the time this Land Transactions Policy is adopted, the County Administrator shall ensure that steps 9 ‑11 of this policy are completed in a timely manner.

Acquisition of Property. Before the County takes title to a property, the following steps will be followed:

9. Risk Investigation. The County Administrator shall ensure an investigation of the property is done to determine whether there is a significant risk that the County might be exposed to a liability if it should acquire the parcel. The investigation shall include, but not necessarily be limited to, a visit to the site and a determination of what, if any, further investigation is appropriate.

10. County Attorney/County Administrator Report. Upon completion of said investigation the County Attorney and the County Administrator shall determine a course of action, which may include further investigation or, in appropriate cases, a decision on whether to recommend to the appropriate committee of the Board that the County not take title to the property.

11. Planning Department Report. After the County takes title to a property, the County Administrator shall ensure that the Planning Department determines the existence and significance of natural, cultural, and/or historic resources on the property and identifies significant concerns regarding zoning and local/regional strategic land use plans. The Planning Department shall request the assistance of advisory boards and community organizations as appropriate. The Planning Department shall prepare a report that describes the findings of its research and recommends a course of action to the County Administrator.

Disposition of Property. Prior to the County voluntarily selling or leasing any real property the following steps will be followed:

12. Planning Department Report. The County Administrator shall ensure that the Planning Department update its determination regarding the existence and significance of natural, cultural, and/or historic resources on the property and identify significant concerns regarding zoning and local/regional strategic land use plans. The Planning Department shall request the assistance of advisory boards and community organizations as appropriate. The Planning Department shall prepare a report that describes the findings of its research and recommends a course of action.

13. Tompkins County Area Development (TCAD) Report. The County Administrator shall request TCAD to prepare a report on the economic impact of the proposed transaction.

14. Assessment Department Report. The County Administrator shall ensure that the Assessment Department estimates the fair market value of the property at its highest and best use. The Assessment Department shall advise the County Administrator if a full appraisal of the property should be contracted out.

15. Finance Department Report. The County Administrator shall request the Director of Finance to prepare a report on the fiscal impacts of the proposed transaction.

16. County Administrator Recommendation. The County Administrator shall review and compile all information provided by County Departments on a particular land transaction. The County Administrator shall make a recommendation on a course of action to the appropriate committee of the Board.

17. Significant Resources Identified.

Intent. It is the intention of the Board of Representatives, when significant natural, cultural, or historic resources are identified, to allow resource stewardship organizations an opportunity to review and investigate the property to evaluate both the resource(s) and potential methods of protecting the resource.

Process. If a significant resource is located on the property, the Board of Representatives shall consider withholding the property from sale in order to allow organizations to perform legal, environmental, cultural, historic, and other reviews and investigations of the property. If an organization expresses an interest in taking title to the property, then the County may negotiate the sale of the land so that the significant resource shall be protected for the public good.

Conservation Easement. If a land conservation organization expresses interest in holding a conservation easement on the property, the County may provide for or sell a conservation easement on the property, and auction or otherwise sell or lease the property with the new easement. The County may then contract with the land conservation organization to inspect the land periodically to ensure that the easement is being adhered to. Any such contract must be approved by the Board of Representatives.

18. Municipal Review.

Intent. It is the intention of the Board of Representatives, when requested by a municipality, to allow that municipality an opportunity to review and investigate the property.

Process. If a municipality requests, the Board of Representatives shall consider withholding the property from sale in order to allow that municipality to perform reviews and investigations of the property. If the municipality expresses an interest in taking title to the property, then the County may negotiate the sale of the land so that the public good is served.

19. Method of Disposition. The County Administrator shall determine which properties to sell by auction, which through a real estate broker, which through sealed bids, and which through other methods.

20. The Director of Finance, in consultation with the County Administrator, shall set minimum bids or upset prices for disposal of any property.

21. Publicity. Prior to public auction, the County Finance Director shall publicize the sale widely and make concerted efforts to notify appropriate local groups of specific lands that may be of interest to them.

22. Properties sold at auction, through sealed bids, or through a real estate broker, shall be sold to the person making the highest offer so long as, in the judgment of the County Administrator, the amount received by the County is reasonable in relationship to the market value of the property. All sales are contingent upon approval of the Board of Representatives.

23. Sale at Less Than Market Value. Whenever the Board of Representatives decides to negotiate a sale for less than the fair market value for real property, the resolution conveying the property shall clearly state the public purpose served by conveying for this price and it shall include the estimate of the fair market value of the property at its highest and best use as prepared by the Assessment Department (See Step 14).

24. All sales of property shall, when required, comply with County Law Section 215, Local Law No. 3 of 1981, and all other applicable provisions of law.

25. Disposition of Owner‑Occupied Foreclosed Property. Whenever a foreclosed property (with no more than four living units) is occupied by the former owner/taxpayer, the County Administrator shall make every reasonable effort to make an arrangement with the owner/taxpayer to repay back taxes, penalties, interest, expenses, and fees. The property shall be withheld from the sale when all the following circumstances exist:

a) A written agreement has been signed by the former owner/taxpayer or legal representative that commits to a date certain when all back taxes, penalties, interest, expenses, and administrative fees will be paid. These shall include payments equal to the amount of taxes and penalty that would have been incurred had the former owner continued to own the property.

b) The County Attorney concurs that it is reasonable to believe that the former owner/taxpayer will be able to live up to the terms of said Agreement.

c) Said written agreement includes a lease effective through the date certain above that holds Tompkins County harmless from all liability.

Speedy Action Required.

26. When, in the opinion of the County Administrator, circumstances require speedy action precluding the normal review process, the County Administrator, with the concurrence of the Chair of the Board of Representatives, is authorized to ensure speedy SEQRA compliance and to bring resolutions directly to the Board of Representatives by requesting the chair of the appropriate committee to place on a Board agenda a resolution authorizing the County to purchase, lease or convey real property.