Chairman Robert A. Purtell has called a meeting of the Economic Development/Planning Committee for 6:20 p.m. on Tuesday, March 21, 2017 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York. Items on the agenda, at this time, are as follows:

1.  (DISCUSSION)

 A. Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

2.  RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2017) - A LOCAL LAW TO ESTABLISH A SUSTAINABLE ENERGY LOAN PROGRAM IN MONTGOMERY COUNTY (ECONOMIC DEVELOPMENT/PLANNING)

3.  RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN INTERMUNICIPAL AGREEMENT WITH CITY OF AMSTERDAM-OFFICE OF COMMUNITY RENEWAL GRANT ADMINISTRATION MAIN STREET PROGRAM (ECONOMIC DEVELOPMENT AND PLANNING)

4.  RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN INTERMUNICIPAL AGREEMENT WITH CITY OF AMSTERDAM-OFFICE OF COMMUNITY RENEWAL GRANT ADMINISTRATION MICROENTERPRISE PROGRAM (ECONOMIC DEVELOPMENT AND PLANNING)

5.  RESOLUTION SCHEDULING PUBLIC HEARING - REVIEW OF AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

6.  RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MONTGOMERY COUNTY BIKE TRAIL RESTORATION GRANT PROJECT AWARD (ECONOMIC DEVELOPMENT & PLANNING)

7.  RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MONTGOMERY COUNTY AGRICULTURE AND FARMLAND PROTECTION PLAN GRANT PROJECT (ECONOMIC DEVELOPMENT AND PLANNING)

8.  RESOLUTION AMENDING THE 2017 OPERATING BUDGET - MONTGOMERY COUNTY US DEPARTMENT OF AGRICULTURE (USDA) -RURAL ECONOMIC DEVELOPMENT GRANT (RBEG) PROGRAM (ECONOMIC DEVELOPMENT & PLANNING)

9.  RESOLUTION APPOINTING MEMBER TO THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY (ECONOMIC DEVELOPMENT/PLANNING)

10. RESOLUTION AMENDING THE 2017 OPERATING BUDGET-NYS DOT STOA 2016-17 CLEAN UP (ECONOMIC DEVELOPMENT AND PLANNING)

11. OTHER

RESOLUTION NO. 73 of 2017 DATED: March 28, 2017 RECOMMENDATION:

Be it enacted by the County of Montgomery as follows:

Section 1. 

This local law shall be known as the "Energize NY Benefit Financing Program," to read as follows:

ARTICLE 1

Section 1.  Legislative findings, intent and purpose, authority

A. It is the policy of both Montgomery County and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. Montgomery County finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of Montgomery County, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose.

B.  Montgomery County is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law.

C. This local law shall be known and may be cited as the “Energize NY Benefit Financing Program Law of Montgomery County”.

Section 2.  Definitions

For purposes of this chapter, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated:

Authority - The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities’ law, or its successor.

EIC - The Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of Montgomery County to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the

County tax collector as a charge to be levied on the real property and collected in the same manner and same form as the County taxes.

Energy Audit - A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property.

Energy Efficiency Improvement - Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather-stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property.

Qualified Property Owner - An owner of residential or commercial real property located within the boundaries of Montgomery County that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter.

Renewable Energy System - An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste.

Section 3.  Establishment of an Energize NY Benefit Financing Program

A. An Energize NY Benefit Financing Program is hereby established by Montgomery County, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements.

B.  The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements.

Section 4.  Procedures for eligibility

A.  Any property owner in Montgomery County may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and the County website.

B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of Montgomery County, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination.

C.  If a positive determination on an application is made by EIC acting on behalf of Montgomery County, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner.

Section 5.  Application criteria

A. Upon    the    submission      of    an    application,      EIC     acting     on    behalf     of Montgomery County, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing:

1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority;
2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments;
3. Sufficient funds are available to provide to the property owner;
4. The property owner is current in payments on any existing mortgage;
5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and
6. Such additional criteria, not inconsistent with the criteria set forth above, as Montgomery County, or EIC acting on its behalf, may set from time to time.

Section 6.  Opt-in, Energize Financial Agreement

A.  A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC acting on its behalf.

B.  Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of Montgomery County, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met.

C.  The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter.

Section 7, Energy Audit, renewable energy system feasibility study

A.  No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2.

B.  No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2.

C.  The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved.

Section 8.  Terms and conditions of repayment

The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of Montgomery County, shall set forth the terms and conditions of repayment in accordance with the following:

A.  The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on their real property tax bill and shall be levied and collected at the same time and in the same manner as County property taxes, provided that such charge shall be separately listed on the tax bill. Montgomery County, shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the County real property tax due date.

B.  The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of Montgomery County.

C.  The rate of interest for the charge shall be fixed by EIC acting on behalf of Montgomery County at the time the Energize Finance Agreement is executed by the property owner and EIC.

D.  The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon.

Section 9. Verification Report

A.  EIC shall be responsible for verifying and reporting to Montgomery County on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program.

B.  Montgomery County shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish.

Section 10. Effective Date

This local law shall take effect upon the filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 0 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, the City of Amsterdam is the recipient of federal funds through the New York State Homes and Community Renewal offices in the amount of $500,000; and

WHEREAS, said funds will be used to renovate the sixth floor of the Sanford Clock Tower in the City of Amsterdam which is to be utilized as incubator space for businesses; and

WHEREAS, $5,000 of the grant amount is to be allocated to Project Administration and Program Delivery; and

WHEREAS, the City of Amsterdam wishes to allocate $5,000 to the Montgomery County Department of Economic Development and Planning for Project Administration and Program Delivery.          

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized to sign an agreement with the City of Amsterdam for the purpose of providing Project Delivery and Program Administration for the amount of $5,000.

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 0 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, the City of Amsterdam is the recipient of federal funds through the New York State Homes and Community Renewal offices in the amount of $200,000; and

WHEREAS, said funds will be used to start a Microenterprise Grant Program in the City of Amsterdam; and

WHEREAS, $12,000 of the grant amount is to be allocated to Project Administration and Program Delivery; and

WHEREAS, the City of Amsterdam wishes to allocate $12,000 to the Montgomery County Department of Economic Development and Planning for Project Administration and Program Delivery.          

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized to sign an agreement with the City of Amsterdam for the purpose of providing Project Delivery and Program Administration for the amount of $12,000.

I. Nature of Request:

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RESOLUTION NO. 74 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Agricultural District No. 2 is required to undergo a review every eight years, pursuant to New York State Agricultural and Markets Law Article 25AA; and

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board is conducting an in-depth review of said District, with recommendations to modify said district; and

WHEREAS, the law requires the County Legislature to conduct a public hearing on the status of proposed modifications.

RESOLVED, that the Montgomery County Legislature hereby schedules a Public Hearing on Agricultural District No.2, to be held at 6:55 p.m., Tuesday, April 25, 2017 in the Chambers of the County Legislature, County Office Building, Fonda, New York, and

FURTHER RESOLVED, the Clerk of the County Legislature hereby is directed to cause legal notice of said Public Hearing to be published according to law, and

FURTHER RESOLVED, that written notice shall be given to those municipalities whose territories encompass the district and any proposed modifications, and to persons, as listed on the most recent assessment roll, whose land is the subject of a proposed modification, and to the Commissioner of Agriculture and Markets.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 75 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Montgomery County was awarded and accepted the Montgomery County Bike Trail Restoration Grant from the New York State Canal Corporation through the Consolidated Funding Application (CFA) for projects that would further the goals and objectives of the NYS Canal Recreationway Plan and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Resolution 94 of 2016 authorized the Montgomery County Department of Economic Development & Planning and the Department of Public Works to administer said application on behalf of Montgomery County to complete the project, and

WHEREAS, to date, said funds for program were included in the 2016 Operating Budget, however were not yet received or expended as of December 31, 2016, and

WHEREAS, it is necessary to carry forward said funding in the 2017 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget to receive and provide for grant funding to allow for completion of the 2016 “NYS Canal Corporation - Bike Trail Restoration Grant”. 

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

I. Nature of Request:

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RESOLUTION NO. 76 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Resolution 178 of 2014 authorized the County Executive to submit an application to enter in any contracts associated with receipt of the Agriculture and Farmland Protection Plan Grant funding in which Montgomery County was award and said funds were included in the 2016 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning administered said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely yet received or expended as of December 31, 2016; and

WHEREAS, it is necessary to carry forward said funding in the 2017 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget to receive and provide for grant funding to allow for completion of the 2014 “NYS Department of Agriculture and Markets - Agriculture and Farmland Protection Grant”. 

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 77 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Montgomery County was awarded and accepted the Montgomery County Rural Economic Development (RBEG) Program Grant from the US Department of Agriculture (USDA) that would be used to further economic development activities through the undertaking of a feasibility study relative to the potential creation of a Culinary Business Incubator on the Southside of the City of Amsterdam; and

 WHEREAS, Resolution 29 of 2016 authorized the County Executive to issue an RFP and engage in a professional services firm to undertake a feasibility study and said funds were included in the 2016 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning administered said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely  received or expended as of December 31, 2016; and

WHEREAS, it is necessary to carry forward said funding in the 2017 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget to receive and provide for grant funding to allow for completion of the 2016 “Rural Economic Development Grant (RBEG) Program Grant”. 

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 78 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, a vacancy exists on the Montgomery County Industrial Development Agency Board of Directors,

WHEREAS, the County Executive and the Director of Economic Development/Planning recommend filling the vacancy with Mark Kowlczyk, 7 Van Dyke Avenue, Amsterdam, NY 12010.

RESOLVED, that the Montgomery County Legislature hereby appoints Mark Kowlczyk as a member of the Montgomery County Industrial Development Agency Board of Directors.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 79 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the County has been notified by New York State Department of Transportation that it will receive $39,776.85, which is Montgomery County’s share of the balances that were distributed from the 2016/17 State Transit Operating Assistance; and

WHEREAS, said payment will be passed through to Brown’s Coach, the County’s third party provider for mass transportation; and

WHEREAS, the 2017 Operating Budget does not provide for the receipt or disbursement of said payment; and

WHEREAS, the funds have been received from the State.

RESOLVED, that the County Treasurer is herby authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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