DATED: July 6, 2017
RECOMMENDATION:
I. Call to Order II. Roll Call III. Salute to the Flag IV. Statement of Purpose of Meeting RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY (Legislature) RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO MOVE FOR FORECLOSURE FOR TAX MAP PARCEL NO. 63.14-1-9.1 (Legislature) V. Adjournment |
| Res. # | Sponsor/Second | Recommendation | |
| 173 | RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY (Legislature) | Headwell, Jr./Wilson | Did Not Go Through Committee |
| 174 | RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO MOVE FOR FORECLOSURE FOR TAX MAP PARCEL NO. 63.14-1-9.1 (Legislature) | Dimond/Pepe | Did Not Go Through Committee |
| RESOLUTION NO. 173 of 2017 DATED: July 6, 2017 RECOMMENDATION: |
RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY (Legislature)
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WHEREAS, the Environmental Protection Agency completed a Removal Site Evaluation (hereinafter "RSE") at 68 Church Street in the Village of Canajoharie, Montgomery County New York (Tax Map Parcel No. 63.14-1-9.1) that identified hazardous material at the site; and
WHEREAS, as a result of this RSE the Environmental Protection Agency also issue an Administrative Order for a Removal Action and secured liens against the site; and
WHEREAS, the Environmental Protection Agency has agreed to release these liens against the site pursuant to a Memorandum of Agreement with Montgomery County.
RESOLVED, that the Montgomery County Executive is authorized and directed to execute the Memorandum of Agreement with the Environmental Protection Agency to release the liens and the right of redemption for 50% of the future sale price of 68 Church Street in the Village of Canajoharie, Montgomery County New York (Tax Map Parcel No. 63.14-1-9.1).
RESOLUTION VOTE, passed with Aye(9). (7/11/2017)
I. Nature of Request:
RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE ENVIRONMENTAL PROTECTION AGENCY
II. Justification:
Entering into the Memorandum of Understanding will allow the County to move forward with foreclosure proceedings.
III. Legislative Impact:
Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to enter into contracts.
IV. Financial Impact:
Will result in 50% of the final sale price of the property being reimbursed to EPA.
| cc: | County Clerk County Treasurer |
| RESOLUTION NO. 174 of 2017 DATED: July 6, 2017 RECOMMENDATION: |
RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO MOVE FOR FORECLOSURE FOR TAX MAP PARCEL NO. 63.14-1-9.1 (Legislature)
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WHEREAS, Montgomery County by Petition and Notice of Foreclosure dated October 20, 2015 and Tax Enforcement Notification dated November 6, 2015 commenced tax foreclosure proceedings pursuant to Article 11 of the Real Property Tax Law against 68 Church Street in the Village of Canajoharie, Montgomery County, New York (Tax Map Parcel No. 63.14-1-9.1); and
WHEREAS, on March 29, 2016, pursuant to §56-0508 of the New York State Environmental Conservation Law, an Order was signed granting Montgomery County Temporary Incidents of Ownership and a stay of the foreclosure proceedings to conduct an environmental investigation to obtain detailed information about the environmental conditions there, including whether or not the soil and groundwater at the property are contaminated above applicable state and federal standards, before a judgment of foreclosure is entered; and
WHEREAS, a Phase II environmental investigation was conducted at the property; and
WHEREAS, the Montgomery County Legislature has had the opportunity to review the results of this environmental investigation; and
WHEREAS, the results of the environmental investigation in conjunction with releases obtained by the County have mitigated the risk of moving forward with the foreclosure.
NOW THEREFORE BE IT RESOLVED that the Montgomery County Attorney is authorized and directed to make a motion to lift the stay of the foreclosure proceedings and move for a judgment of foreclosure against 68 Church Street in the Village of Canajoharie, Montgomery County, New York (Tax Map Parcel No. 63.14-1-9.1).
RESOLUTION VOTE, passed with Aye(9). (7/11/2017)
I. Nature of Request:
RESOLUTION AUTHORIZING THE COUNTY ATTORNEY TO MOVE FORWARD WITH FORECLOSURE PROCEEDINGS FOR FORECLOSURE FOR TAX MAP PARCEL NO. 63.14-1-9.1
II. Justification:
The results of the environmental investigation in conjunction with releases obtained by the County have mitigated the risk of moving forward with the foreclosure. Moving forward with foreclosure will hopefully allow for this property to be placed back upon the tax rolls.
III. Legislative Impact:
Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to exercise all powers of local legislation.
IV. Financial Impact:
Moving forward with foreclosure will hopefully allow for this property to be placed back upon the tax rolls.
| cc: | County Clerk County Treasurer |