Chairman Robert A. Purtell has called a meeting of the Economic Development/Planning Committee for 6:00 p.m. on Tuesday, Novemver 17, 2020 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York.  

In conjunction with Governor Cuomo’s Executive Order 202.15, extended by Executive Order 202.60 this meeting will also be held electronically via teleconference at 6:00 pm.  Members of the public may listen to the meeting by calling 1-224-501-3412, Access Code  570-173-661.  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 ESTABLISHING NEGATIVE DECLARATION IN A SEQR DETERMINATION FOR PARCEL INCLUSION INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

3. RESOLUTION FOR PROPERTY OWNER REQUEST TO BE INCLUDED WITHIN MONTGOMERY COUNTY CERTIFIED AGRICULTURAL DISTRICT 2 (ECONOMIC DEVELOPMENT AND PLANNING)

4. OTHER

RESOLUTION NO. 190 of 2020 DATED: November 24, 2020 RECOMMENDATION:

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 Parcel #’s 73-2-4.2 and 73-2-21; 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, the County Legislature has designated itself as lead agency; and

WHEREAS, the County Legislature has reviewed all the pertinent information with regard to SEQR, including Part I of the Short EAF; and

WHEREAS, the County Legislature completed Part II of the Short EAF as lead agency for the project pursuant to regulations found in 6 NYCRR, Part 617 determined that the project will not have a significant effect upon the environment.

RESOLVED, that Montgomery County Legislature determines that this project will not have a significant effect on the environment; and

FURTHER RESOLVED, that this Determination of Significance shall be considered a Negative Declaration made pursuant to Article 8 of the Environmental Conservation Law; and

FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to take any actions necessary to effectuate this resolution including signing the EAF.

RESOLUTION VOTE, passed with Aye(9). (11/24/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 191 of 2020 DATED: November 24, 2020 RECOMMENDATION:

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; and

WHEREAS, subsequently the Agricultural and Farmland Protection Board submitted its report with recommendation as to that request to the Legislature; and

WHEREAS, after proper Notice of Public Hearing, the Legislature held a public hearing on November 24, 2020, with respect to the above and heard all those wishing to address the matter at said public hearing; and

WHEREAS, New York State Agriculture and Markets Law Section 303-b requires the County Legislature, following such public hearing to adopt or reject the proposed request for inclusion of land within an existing Agricultural District; 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, the Legislature has considered the matter including the report and recommendation of the Agricultural Farmland Protection Board at the public hearing, now, therefore, be it

RESOLVED, that the Montgomery County Legislature hereby adopts the recommendations of the Agricultural and Farmland Protection Board and adopts the request of the landowner to include their land within an existing certified Agricultural District as set forth below:

FURTHER RESOLVED, that the Clerk of the Legislature shall submit a copy of this Resolution together with the report of the Montgomery County Agricultural and Farmland Protection Board, and the tax map identification number and tax map for the parcel of land to be included in the Agricultural District 2, to the New York State Commissioner of Agriculture and Markets.

RESOLUTION VOTE, passed with Aye(9). (11/24/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: