DATED: November 9, 2017
RECOMMENDATION:
I. Call to Order II. Roll Call III. Salute to the Flag IV. Statement of Purpose of Meeting
V. Adjournment |
| Res. # | Sponsor/Second | Recommendation | |
| 246 | RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR A REMOVAL ACTION WITH THE ENVIRONMENTAL PROTECTION AGENCY (COUNTY LEGISLATURE) | Pepe/Wilson | Did Not Go Through Committee |
| RESOLUTION NO. 246 of 2017 DATED: November 9, 2017 RECOMMENDATION: |
RESOLUTION AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR A REMOVAL ACTION WITH THE ENVIRONMENTAL PROTECTION AGENCY (COUNTY 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 ("EPA") also issued an Administrative Order for a Removal Action and secured liens against the site; and
WHEREAS, the EPA agreed to release these liens against the site pursuant to a Memorandum of Agreement with Montgomery County for 50% of the future sale price of 68 Church Street in the Village of Canajoharie, Montgomery County New York resulting in the County finalizing the foreclosure against the property; and
WHEREAS, piles of asbestos and hazardous materials are located on 68 Church Street and need to be removed; and
WHEREAS, the IDA has secured funds to remove these materials from the site and has agreed to remove these materials from the Site on behalf of the County; and
WHEREAS, the County is desirous of entering into an Administrative Settlement Agreement and Order on Consent for a Removal Action with the EPA in order to remove these materials from the site, which is under EPA's jurisdiction; and
WHEREAS, in consideration of these materials being removed from the site, the EPA has agreed to issue a credit towards the 50% owed to them under the terms of the previously negotiated Memorandum of Agreement, which will require an amendment to the Memorandum of Agreement being negotiated in the future.
RESOLVED, that upon review and approval of the County Attorney, the Montgomery County Executive is authorized and directed to enter into an Administrative Settlement Agreement and Order on Consent for a Removal Action with the EPA in order to remove hazardous material located at 68 Church Street in the Village of Canajoharie, Montgomery County New York (Tax Map Parcel No. 63.14-1-9.1); and
BE IT FURTHER RESOLVED, that upon review and approval of the County Attorney, the Montgomery County Executive is authorized and directed to enter into an agreement with the Montgomery County IDA for them to contract to remove the hazardous material from the site using the funds that were secured.
RESOLUTION VOTE, passed with Aye(9). (11/14/2017)
I. Nature of Request:
AUTHORIZING THE MONTGOMERY COUNTY EXECUTIVE TO ENTER INTO AN ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR A REMOVAL ACTION WITH THE ENVIRONMENTAL PROTECTION AGENCY
II. Justification:
Will result in the removal of hazardous materials from 68 Church Street in the Village of Canajoharie, Montgomery County New York.
III. Legislative Impact:
Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to enter into contracts.
IV. Financial Impact:
The cost of the work will be covered by a grant secured by the Montgomery County IDA
| cc: | County Clerk County Treasurer |