[Adopted 10-2-2019 by L.L. No. 7-2019]
A.
The government of the County of Rockland performs many social welfare
and tourism operations by outsourcing functions to various not-for-profit
entities. The not-for-profit entities are often operating on tight
budgets, their main objective being to spend their dollars providing
services to those in need.
B.
The Legislature and County Executive recognize it is in the public
interest to foster a closer working relationship with those entities
that also serve our citizens. Presently, the County has excess, unused
space at its campus in the Village of Pomona. It is in the public
interest to make use of this space for the benefit of the County and
the agencies that perform services for the County in the course of
their charitable missions. Co-location of these not-for-profits with
the County departments that they serve is a perfect strategy to strengthen
and complement our missions and at a lower cost in the process. This
will further enhance the joint missions of the County and the not-for-profit.
C.
In order to manage the day-to-day efforts involved in being a landlord
to these not-for-profit entities, the County shall select proposed
tenants in furtherance of the joint mission of the County and the
not-for-profit.
As used in this article, the following terms shall have the
meanings indicated:
That property owned by the County, located at 50 Sanatorium
Road, Pomona, New York.
An entity that qualifies as a not-for-profit organization
under 26 U.S.C. § 501(c)(3). The entity must provide substantial
services to the residents of the County of Rockland pursuant to a
contract or memorandum receipt with the County government.
Should any requirement of this article expressly or by implication
conflict with New York State County Law § 215, the terms
of this article shall control.
A.
The Legislature of the County of Rockland authorizes to the County
Executive, subject to the process and approvals hereto, the power
to enter into leases with qualified not-for-profit entities for property
in the Pomona Complex, which leases fall within the following parameters:
(1)
Leases may only be given for portions of the Pomona Complex, and
are limited to those parts of the Pomona Complex that the County Legislature
have declared to be not necessary for County purposes.
B.
The County Executive may delegate the responsibilities given by this
article to any department in the executive branch. However, no lease
given under this article shall be effective unless and until executed
by the County Executive.
All leases entered into under the authority of this article
must comport with the following conditions in addition to any other
conditions required by the County or negotiated between the County
and the tenant:
A.
Calculation of rent. The sum of the rent must be no less than that
sufficient to fully offset the County's costs of operation of
said space. Such costs shall include, but not be limited to, the proportional
cost in relation to the area of the rental space, of: utilities (gas,
electric and water), debt service of principal and interest for bonds
secured by the leased premises, security for the premises, general
maintenance, including staff and overhead, and insurance.
B.
Tenant responsibilities. All leases must contain terms that:
C.
Termination of lease. Regardless of any other termination conditions,
all leases shall be terminable by the County upon:
(1)
Nonpayment of rent; or
(2)
Thirty days' written notice; or
(3)
Immediately upon the effective date of legislation declaring the
property to be required for public use, the rescission of the resolution
declaring the leased space not required for public use, or any other
legislation with similar effect.
A.
Prospective tenants shall be selected based on an established procedure
for the selection of tenants, said procedure to be adopted by the
Legislature by resolution and which may be later amended by resolution.
B.
The Legislature, or any Legislator, is welcomed and authorized to
propose candidates for nomination. Any such proposal shall be in writing
and delivered to the Office of the County Executive.
C.
Prior to entering into any lease agreement:
(1)
The County Executive must deliver a notice of nomination of a proposed
tenant to the Clerk of the County Legislature, which notice shall
identify the proposed tenant and the terms of the proposed lease.
(2)
Within 30 days of the date the nomination of a proposed tenant is
delivered to the Clerk of the County Legislature, the County Legislature
may, by duly passed resolution, approve or disapprove the proposed
nomination.
(3)
No lease given under this article shall be effective unless and until
it is approved by duly adopted resolution of the County Legislature
and executed by the County Executive.
The County Executive or any officer or agency of the executive
branch shall be responsible to manage the property.
The County Executive or the agency head delegated the responsibility
for activities under this article may promulgate such rules and regulations
and such fees as may be required to put this article into effect and
to manage the property.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
