Supervisors KINOWSKI AND ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING THE FULTON COUNTY INDUSTRIAL DEVELOPMENT AGENCY TO INITIATE AN EMINENT DOMAIN PROCEDURE LAW ACTION TO OBTAIN CERTAIN LAND OWNED BY ROBERT BOWE IN THE HALES MILLS AREA

WHEREAS, the Fulton County Vision 2026 Development Strategy includes creation of the Hales Mills Primary Development Area in the Town of Johnstown to address the public need for new housing and public recreational facilities to generate sales tax and improve the property tax base in the community; and

WHEREAS, parcel 163.-1-19.2 (69+/- acres) and parcel 163.-1-26.12 (89.5 +/- acres), owned by Robert Bowe, located adjacent to Hales Mills Road Extension in the Town of Johnstown are critical to the success of the Hales Mills Primary Development Area; and

WHEREAS in accordance with Sections 852 and 858 of NYS General Municipal Law, Industrial Development Agencies are authorized to acquire property under Eminent Domain Law for its corporate purposes; now, therefore be it

RESOLVED, That the Board of Supervisors hereby authorizes an Agreement with the Fulton County Industrial Development Agency (IDA) to initiate an Eminent Domain Procedure Law Action to obtain ownership of parcel 163.-1-19.2 (69+/- acres) and parcel 163.-1-26.12 (89.5 +/- acres), owned by Robert Bowe, in the Town of Johnstown; said Agreement to include the following provisions:

  • The IDA shall undertake an Eminent Domain Procedure Law action to acquire title to the subject parcels.
  • IDA legal counsel will be utilized and IDA legal counsel will keep the County Attorney informed of the process.
  • The County will reimburse the IDA for all costs incurred in pursuing said eminent domain action.
  • The Board of Supervisors will provide the IDA with advance payment to purchase the eastern parcel, once the final valuation is determined.
  • If the eastern parcel is sold by the IDA in the future, the IDA shall reimburse the County monies advanced to the IDA for property purchase(s) to the greatest extent possible. 

and, be it further,

RESOLVED, That said Agreement is subject to approval of the County Attorney; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Planning Director, Fulton County IDA, Town of Johnstown, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor WALDRON and adopted by the following vote:
TOTAL: Ayes: 396 (13) Nays: 127 (6) (Supervisors Born, Callery, Groff, Howard, Lauria and Young Absent: 28 (1) (Supervisor Potter)

 

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