RESOLUTION NO. 53 of 2009 DATED: February 24, 2009

WHEREAS, on January 27, 2009 a proposed Local Law for the County of Montgomery County entitled "A Local Law which Authorizes the Contribution of Funds to the Demolition of Pioneer Street Mill in the Town of Amsterdam", was presented to the Board of Supervisors for consideration, and

WHEREAS, on December 16, 2008, Resolution 429 of 2008 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 27th day of January, 2009 at the time and place appointed, and

WHEREAS, said public hearing has been held,

RESOLVED, that Introductory Local Law F of 2008 entitled hereby is adopted and is incorporated as follows: “A Local Law which Authorizes the Contribution of Funds to the Demolition of Pioneer Street Mill in the Town of Amsterdam”, hereby is adopted and is incorporated as follows:

“A LOCAL LAW WHICH AUTHORIZES THE CONTRIBUTION OF FUNDS TO THE DEMOLITION OF PIONEER STREET MILL IN THE TOWN OF AMSTERDAM”

Be it enacted by the Board of Supervisors of the County of Montgomery as follows:

WHEREAS, in 2007 the Town acquired the Pioneer Street Mill from an  absentee (tax delinquent) owner with the intent of demolishing the mill and ending a decade long threat to public welfare and the environment. The Town was successful in securing $211,000 from the Clean Water/Clean Air Bond Act approved by the NYS voters in 1996, and

WHEREAS, the contract with NYSDEC requires the Town to conduct a Remedial  Investigation and prepare an Alternatives Analysis (RI/AA) to address any contamination found at the site. As part of the RI/AA process the Town has  identified the several Interim Remedial Measures (IRMs), which address sources of contamination that can be effectively addressed before completion of the RI/AA, and

WHEREAS, the total estimated cost to complete the IRMs and the RI//AA has escalated to $740,000 and this cost does not include clean-up of any subsurface contamination discovered during the remedial investigation nor the cost associated with preparing the site for any future use, and

WHEREAS, the Town does not have the financial resources to complete this project without assistance from other sources,  and

WHEREAS, the Montgomery County Board of Supervisors recognizes that public welfare and the environment are important issues and desires to assist local municipalities which have taken the initiative to address such issues, and

WHEREAS, the Montgomery County Board of Supervisors recognizes the benefit  to county residents derived from the removal of an unsightly structure which poses potential safety and health risks to county residents as well as the utility of the site as a park open to county residents once the demolition and remediation are concluded,

RESOLVED, that Montgomery County hereby allocates up to $100,000 to the Town of Amsterdam to assist the town with the cost of the Pioneer Street Mill demolition and remediation project, and

FURTHER RESOLVED, that the Chairman of the Board of Supervisors, upon review and approval from the county attorney, is authorized and directed to execute necessary documentation in furtherance of said contribution, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION ADOPTED with Aye(1510).  Supervisors Paton, Jonker and Stagliano were absent. (2/24/2009)