TO:Economic Development/Planning Committee
Robert A. Purtell, Chairman, Legislator, District 9
Martin P. Kelly, Legislator, District 1
Brian D. Sweet, Legislator, District 2
John Thayer, Legislator, District 3
Daniel P. Wilson, Legislator, District 5
FROM:Cheryl A. Reese, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer, Economic Development/Planning Director, Media
DATE:4/17/2024
RE:Committee Meetings

Chairman Robert A. Purtell has called a meeting of the Economic Development/Planning Committee for 6:00 p.m. on Tuesday, October 20, 2020 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York.  

Members of the public may also listen to the meeting by calling 1-571-317-3122, Access Code  138-674-293. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.

 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 SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

3.  RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR INCLUSION OF PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

4.  OTHER

 

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
168

RESOLUTION SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

Pepe/ThayerMove to Full Legislature
169

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR INCLUSION OF PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

Sweet/WilsonMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 168 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts, and

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law sets forth the requirement that the Legislative Body in every county in New York State with existing Agricultural Districts must designate an annual 30-day period during which landowners may apply for inclusion of their agriculturally viable land in the Agricultural Districts, and

WHEREAS, Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts, and

WHEREAS, during the one-month period extending from September 1, 2020 to September 30, 2020, the Montgomery County Farmland Protection Board received one application on behalf of the Legislature, and

WHEREAS, the report and recommendations of the Agricultural Farmland Protection Board are on file with the Clerk of the Montgomery County Legislature, and

WHEREAS, New York State Agriculture and Markets law Section 303-b requires the County Legislature, to hold a public hearing on the proposed inclusions; and

WHEREAS, the intent of the proposed inclusions is through the request of a landowner to include their two parcels totaling 40 +/- acres of land within the boundaries of Agricultural District No. 2;

RESOLVED, the County Legislature hereby schedules a public hearing on the district inclusions for November 24, 2020 at 6:55 pm in the Legislature Chambers. 64 Broadway, Fonda, NY 12068; 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.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes scheduling of a public hearing for an Agricultural District Inclusion request.


II. Justification:

There has been a request from a landowner to include two parcels totaling 40 +/- acres of land within the boundaries of Agricultural District No. 2. 


III. Legislative Impact:

Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the State's Agricultural Districts and Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the legislature to include their properties.


IV. Financial Impact:

Could result in an agricultural tax exemption for the property owner if they produce over the threshold established by Ag and Markets which is $10K annually



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 169 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR INCLUSION OF PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Sweet
Seconded by: Wilson

 WHEREAS, Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts; and

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law sets forth the requirement that the Legislative Body in every county in New York State with existing Agricultural Districts must designate an annual 30-day period during which landowners may apply for inclusion of their agriculturally viable land in the Agricultural Districts; and

WHEREAS, Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts; and

WHEREAS, during the one-month period extending from September 1, 2020 to September 30, 2020, the Montgomery County Farmland Protection Board received one such application on behalf of the Legislature from John Messer for Parcels #73-2-4.2 and 73-2-21; and

WHEREAS, pursuant to Article 25-AA of the Agriculture and Markets Law (“AML”), SEQRA applies to the adoption, modification, continuation, consolidation, and termination of agricultural districts; and

WHEREAS, County legislative bodies adopt, review, modify, and consolidate agricultural districts pursuant to AML §§303, 303-a, 303-b, and 303-c, which is subject to review under the State Environmental Quality Review Act (SEQR) and is classified as an Unlisted Action pursuant to the regulations founds in 6 NYCRR, Part 617; and

WHEREAS, there are no other involved agencies.

RESOLVED, that the Montgomery County Legislature hereby declares itself lead agency in carrying out the environmental review under SEQR; and

FURTHER RESOLVED, that the Montgomery County Legislature herby authorizes and directs the County Executive, upon review and approval by the County Attorney, to sign any and all documents related to this process.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

To establish the Montgomery County Legislature as the Lead Agency in relation to the County Agricultural District #2 parcels inclusion


II. Justification:

Modification of Agricultural District #2 is subject to SEQR.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer