Referred to: The Ways and Means Committee (Chairman Gavaris and Legislators Cahill, Fabiano, Ronk, and Walter)

Chairman of the Ways and Means Committee, John Gavaris, and Deputy Chair Kenneth J. Ronk, Jr. offer the following:

WHEREAS, this resolution has been submitted at the request of the Acting County Executive on behalf of the Department of Finance; and

          WHEREAS, Pursuant to Resolution No. 332 of June 21, 2022, two properties in the Town of Wawarsing known as tax map number 74.2-1-55 and tax map number 74.2-1-57 (hereinafter, the “Subject Properties”) were approved to be sold and deeded to the successful bidder at auction, Levi Hecht (the “Bidder”) as follows:

PREVIOUS OWNER      TOWN        BIDDER                           AMOUNT

Marrero, Juan & Okryun    Wawarsing   Hecht, Levi                       $300,100.00

SBL#:74.2-1-55                                    28 Westwood Avenue

Parcel # 233                                          Ellenville, NY  12428

Marrero, Juan & Okryun    Wawarsing   Hecht, Levi                       $82,600.00

SBL#:74.2-1-57                                    28 Westwood Avenue

Parcel # 234                                          Ellenville, NY  12428

and

          WHEREAS, the total purchase price, including the deposit, buyer’s premium, and credit/debit card fee, was $312,073.99 for tax map number 74.2-1-55, and $85,895.74 for tax map number 74.2-1.57; and

          WHEREAS, the County received a total payment in the amount of $397,969.73 from the Bidder for the Subject Properties, which included the deposits, the buyer’s premiums, and credit/debit card fees (together, the “Purchase Price”); and

          WHEREAS, on June 24, 2022, prior to issuing quitclaim deeds for the Subject Properties to the Bidder, the County received an Order to Show Cause, signed by Acting County Court Judge Sara W. McGinty, which ordered (1) the immediate stay of the transfer of the Subject Properties pending further Order of the Court, (2) that Ulster County and all other persons receiving notice be immediately temporarily restrained from selling, transferring, encumbering, conveying, or otherwise disposing

of any interest in the Subject Properties, and (3) that Ulster County and all other persons receiving notice be immediately temporarily restrained from transferring or recording the deeds for the Subject Properties to a third-party pending resolution of the Order to Show Cause; and  

          WHEREAS, on October 12, 2022, the County received a letter from the Bidder requesting to be released from his bids for the Subject Properties, and for the Purchase Price to be refunded, due to the delay in the transfer of the deeds due to the ongoing litigation; and

          WHEREAS, to date, no final decision has been rendered by the Court; now, therefore, be it

          RESOLVED, that if the Court does not render a decision prior to the adoption of this resolution, then the Ulster County Commissioner of Finance is hereby directed to reject the bids for the Subject Properties and refund the Purchase Price to the Bidder; and, be it further

          RESOLVED, if the Court decision is rendered in favor of Ulster County prior to the adoption of this resolution, then the Ulster County Commissioner of Finance shall not refund the Purchase Price to the Bidder but shall instead issue to the Bidder quitclaim deeds to the Subject Properties; and, be it further

RESOLVED, that the Chair of the Legislature and Ulster County Commissioner of Finance are hereby authorized and empowered to take such measures as required by law to refund the Purchase Price for the Subject Properties if the Court does not render its decision prior to the adoption of this resolution, or to issue quitclaim deeds conveying the County’s interest in the Subject Properties to the Bidder if a Court decision is rendered in favor of Ulster County prior to the adoption of this resolution,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                    NOES:                 

Passed Committee: Ways and Means on ­­­________________.

FINANCIAL IMPACT:

$397,969.73 - 2022 REFUND OF AUCTION SALE