[Adopted 3-13-2012 by L.L. No. 18-2012]
A.
This Legislature hereby finds and determines that many communities
are struggling to cope with vacant, abandoned, and tax-delinquent
properties, resulting in lost revenue to the County and local governments
and leading to the deterioration of neighborhoods and business districts.
This Legislature also finds and determines that, due to the liabilities
associated with many of these properties and the cost of potential
public health and safety mitigation, the County may be unable or have
no authority to take control and redevelop these properties. This
Legislature further finds that Article 16 of the New York Not-For-Profit
Corporation Law authorizes a municipality that is deemed a "foreclosing
governmental unit," such as Suffolk County, to create a land bank,
through local law, incorporation, and application to the New York
State Empire State Development Corporation, for the purpose of acquiring
real property that is tax-delinquent; tax-foreclosed; vacant; or abandoned
in order to design; develop; construct; demolish; reconstruct; rehabilitate;
renovate; relocate; and otherwise improve upon banked real property.
This Legislature also finds and determines that a land bank can serve
to free up strategic brownfield sites and provide for local involvement
in the disposition and reuse of these sites.
B.
This Legislature finds and declares that Suffolk County has, for
the past two decades, accumulated in excess of $20 million in back
taxes on several dozen vacant, abandoned, environmentally contaminated
tax-delinquent properties otherwise known as "brownfields" and has
been prohibited by the Suffolk County Tax Act from selling for less
than the amount of the taxes owed. There is an economic redevelopment
opportunity in this crisis. A report issued by New Partners for Community
Revitalization cites that the cleanup and redevelopment of brownfield
properties lead to property value increases on the order of 5% to
15% for properties that are up to 3/4 mile from the site, and research
by noted academic and planner Marie Howland indicates that the economic
benefits, estimated using a dynamic simulation model, predict that
on a national basis, 10 to 11 jobs are created per developed acre
with an annual tax flow of $5,470 per job.
C.
This Legislature also finds that a land bank shall constitute a Type
C not-for-profit corporation under the law and, accordingly, will
be a significant economic development tool in that it is empowered
to take discretionary action with regard to vacant, abandoned, and
tax-delinquent properties that the County is currently restrained
from taking, such as selling delinquent tax liens for more or less
than the face amount of the tax liens.
D.
Therefore, the purpose of this article is to establish the "Suffolk
County Landbank Corporation."
[Amended 12-15-2015 by L.L. No. 1-2016]
A.
The County Executive and/or his designee(s) are hereby authorized,
empowered and directed to take all steps necessary to create and cause
the incorporation of the not-for-profit Suffolk County Landbank Corporation
pursuant to Article 16 of the New York Not-For-Profit Corporation
Law, including submission of all applicable documentation for application
to the New York State Empire State Development Corporation.
B.
The Suffolk County Landbank Corporation shall be created for the
purposes and shall exercise and perform the powers set forth herein
in accordance with the provisions of the Certificate of Incorporation,
the bylaws and Article 16 of the New York Not-For-Profit Corporation
Law.
C.
Properties and/or tax liens shall only be transferred to the Suffolk
County Landbank Corporation via duly adopted resolution of the Suffolk
County Legislature.
D.
All actions of the Suffolk County Landbank Corporation require approval
by two-thirds vote of its membership and the two-thirds must include
the representative of the County Executive and a representative of
the Legislature who serve as Directors.
E.
Any borrowing or bonding by the Suffolk County Landbank Corporation
shall be for capital purposes only; borrowing or bonding shall not
be authorized for operating expenses. Approval of borrowing or bonding
by the Suffolk County Landbank Corporation shall require a unanimous
vote of all Directors.
F.
The Suffolk County Landbank Corporation shall be empowered to retain
a working capital fund of no greater than $500,000 from the proceeds
of sale of tax-delinquent brownfield properties and/or tax liens;
the working capital fund shall be utilized to pay operating costs
of the Suffolk County Landbank Corporation not otherwise funded by
grants.
G.
The Suffolk County Landbank Corporation shall contract in writing
with Suffolk County for all of its operating expenses not otherwise
funded via its working capital fund or grant funds, including but
not limited to personnel, overhead, supplies and equipment, and such
contract shall include terms for repayment of all expenses.
H.
Proceeds received by the Suffolk County Landbank Corporation from
the sale of tax-delinquent brownfield properties, and in excess of
grant funds and its working capital fund, shall be remitted to the
County to reimburse the County for:
(1)
Start-up costs;
(2)
The balance of any tax lien transferred to the Suffolk County Landbank
Corporation for less than the full amount of the lien, including any
interest and penalties, which interest and penalties shall continue
to accrue on each lien until paid in full;
(3)
The difference between the value of any property transferred to the
Suffolk County Landbank Corporation for less than the full amount
of the value of the property, including any charges and assessments;
[Amended 12-18-2012 by L.L. No. 19-2013]
A.
The initial Board of Directors (the "Board") of the Corporation shall
consist of seven members as follows:
(1)
DuWayne Gregory, Suffolk County Legislator.
(2)
Thomas Cilmi, Suffolk County Legislator.
(3)
Anna Throne-Holst, Supervisor of Southampton Town.
(4)
Joanne Minieri, Deputy County Executive and Commissioner of Economic
Development and Planning.
(5)
Steve Bellone, County Executive.
(6)
Jill Rosen Nikoloff, Suffolk County Director of Real Estate.
(7)
Andrea Lohneiss, Long Island Regional Director of the Empire State
Development Corporation.
C.
Notwithstanding the foregoing, members shall be appointed as follows:
(1)
One Director shall be selected by the Majority Leader of the Suffolk
County Legislature, with the approval of the Suffolk County Legislature
(hereinafter the "Legislature"). This shall initially be a one-year
term and will be filled by DuWayne Gregory.
(2)
One Director shall be selected by the Minority Leader of the Legislature,
with the approval of the Legislature. This shall initially be a one-year
term and will be filled by Thomas Cilmi.
(3)
One Director shall be the President of the Suffolk County Town Supervisors’
Association, or a successor organization. This shall initially be
a two-year term and will be filled by Anna Throne-Holst.
(4)
One Director shall be the Commissioner of the Suffolk County Department
of Economic Development and Planning. This shall initially be a three-year
term and will be filled by Joanne Minieri.
(5)
One
Director shall be appointed by the County Executive. This shall initially
be a three-year term and will be filled by Steve Bellone.
(6)
One
Director shall be the County Director of Real Estate. This shall initially
be a three-year term and will be filled by Jill Rosen Nikoloff.
(7)
One
Director shall be a representative of an economic development organization
in Suffolk County, selected by the County Executive of Suffolk County,
with the approval of the Legislature. This shall initially be a two-year
term and will be filled by Andrea Lohneiss.
The Certificate of Incorporation of the Suffolk County Landbank
Corporation, in substantially the same form as attached hereto,[1] shall be filed with the New York State Department of State
upon approval by the New York Empire State Development Corporation
of the application for the creation of the Corporation.
[1]
Editor's Note: The Certificate of Incorporation is on file
in the County offices.
This article shall apply to any actions occurring on or after
the effective date of this article.[1]
[1]
Editor's Note: Former Article V, Recreation and Economic Development
Corporation of Suffolk County, adopted 12-15-2015 by L.L. No. 41-2015 and which immediately
followed this section, was removed from the Code pursuant to L.L.
No. 19-2021, adopted 6-22-2021, which local law dissolved the Recreation
and Economic Development Corporation of Suffolk County.
