Tompkins County Administrative Policy Manual

RESOLUTION NO. 317 - RESCINDING RESOLUTION NO. 4 OF 1993 AND ESTABLISHING A COUNTY LAND POLICY

MOVED by Mrs. Schuler, seconded by Ms. Kiefer.

WHEREAS, 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; and

WHEREAS, as of January 1, 1995, the New York State Real Property Tax Law permits Counties to refuse to take title to any property that is subject to foreclosure if the property poses a significant environmental liability to the County; and

WHEREAS, it is in the best interest of the residents of Tompkins County to ensure that the County Board has knowledge of significant natural resources on lands in order to make informed decisions regarding acquisition, sale, or lease of such land; and

WHEREAS, current County policy regarding land sales and acquisitions does not address these liability and information concerns; now therefore be it

RESOLVED, on recommendation of the Health and Environmental Quality, the Planning, Community Development and Education, and the Governmental Affairs Committees, That Resolution No. 4 of 1993 (dated January 5, 1993) is hereby rescinded; and

RESOLVED, further, That before the County takes title to a property, the following steps will be followed:

1. The County Administrator shall order an investigation of the property 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.

2. Upon the 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 or not to recommend to the Board of Representatives that the County not take title to the property. The Director of Finance is authorized to pay for said investigation, and for other expenses for acquisition or sale, on approval of the County Attorney and the County Administrator, from the appropriate account.

RESOLVED, further, That prior to the County voluntarily selling or leasing any real property the following steps will be followed:

1. The County Administrator shall request that the Planning Department determine the existence and significance of natural, cultural and/or historic features 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 as necessary; and

2. If the County Planning Department recommends that the Board of Representatives consider taking action other than selling or leasing the property it shall prepare a report that describes the findings of its research and recommends to the appropriate committee of the Board of Representatives a course of action. Any such property shall be withheld from sale or lease pending action by the County Board.

RESOLUTION NO. 317 - RESCINDING RESOLUTION NO. 4 OF 1993 AND ESTABLISHING A COUNTY LAND POLICY

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

RESOLVED, further, That in addition to the above Resolves, prior to the voluntary sale of properties that the County has obtained by foreclosure these additional steps shall be followed.

1. The County Administrator shall be responsible for seeing that an approximate market value for each property is determined.

2. The County Administrator shall determine which properties to sell by auction, which through a real estate broker, and which through sealed bids. Properties sold at auction or through sealed bid shall be sold to the highest bidder 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. Properties sold 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.

3. The County Finance Director shall publicize the sale widely and make efforts to notify appropriate local groups of lands that may be of interest to them; and

4. 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 owner/taxpayer to repay back taxes, penalties, interest, expenses, and fees. The property shall be withheld from the sale only 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 the Agreement.

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

5. Provided that all other provisions of this policy are followed, the County Administrator can bring recommendations regarding sales directly to the Board of Representatives without the approval of any committees.

RESOLVED, That, starting in 1996, the County Administrator shall maintain a complete list of County owned lands. The list shall contain pertinent historic and current information on property location, size, natural resources, 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; and be further

RESOLUTION NO. 317 - RESCINDING RESOLUTION NO. 4 OF 1993 AND ESTABLISHING A COUNTY LAND POLICY

RESOLVED, further, That annually the Planning Department in cooperation with the County Administrator and the Public Works Department shall review all County land holdings as of January 1st, and shall report at least once every three years to the appropriate Board committee on their strategic value to the County. This report shall also make recommendations for appropriate changes in County land holdings.

RESOLVED, further, That when, in the opinion of the County Administrator, circumstances require speedy action precluding the normal review process, the County Administrator is authorized 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.

RESOLVED, further, That the County Attorney shall ensure that the requirements of all Federal, State, and Local Laws are followed with respect to the purchase, lease, and sale of real property.

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Finance Department

STATE OF NEW Y0RK )

) ss:

COUNTY OF TOMPKINS )

I hereby certify that the foregoing is a true and correct transcript of a resolution adopted by the Tompkins County Board of Representatives on the 19th day of December, 1995.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Board at Ithaca, New York, this 20th day of December, 1995.

Tompkins County Board of Representatives