Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING AN AGREEMENT ALLOWING THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO OBTAIN A PORTION OF AUCTION PROCEEDS FOR CERTAIN COUNTY-FORECLOSED PROPERTIES (DUDKA)

WHEREAS, the County Treasurer proceeded with property tax foreclosure and took title to certain parcels in the Town of Perth associated with the U.S. Environmental Protection Agency (EPA) “Dudka Auto Parts Superfund Site”; and

WHEREAS, the County of Fulton holds tax liens for delinquent property taxes on said parcels totaling $104,988.74; and

WHEREAS, the EPA intervention to clean up environmental hazards at said “Dudka Auto Parts Superfund Site” resulted in substantial federal liens against the parcels exceeding $732,000.00; and

WHEREAS, the NYS Department of Environmental Conservation (NYS DEC) also incurred certain costs related to said clean-up; and

WHEREAS, the County Attorney and County Treasurer recommend a Memorandum of Agreement wherein the EPA is granted rights to the portion of any auction proceeds that exceed the delinquent property tax liens owed to the County of Fulton; now, therefore be it

RESOLVED, That the Chairman of the Board of Supervisors be and hereby is authorized to sign a Memorandum of Agreement between the County and the U.S. Environmental Protection Agency, Region 2, New York, NY granting the EPA rights to the portion of any auction proceeds that exceed the amount of delinquent property tax liens owed to the County of Fulton for the following parcels:

            4436 State Highway 30 (Parcel #178.-2-18)

            4436 State Highway 30 (Parcel #178.-2-1-29)

4440 State Highway 30 (Parcel #178.-2-1-27)

4440 State Highway 30 (Parcel #178.-2-1-28)

            583 McQueen Road       (Parcel #178.-2-19)

and, be it further

RESOLVED, That the County Treasurer is authorized to pay the sum of $5,000.00 to NYS DEC to obtain a Release of its claims against said sale; and, be it further

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

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, U.S. Environmental Protection Agency, NYS DEC, Town of Perth, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

 

 

 

 

 

 

 

 

Seconded by Supervisor FAGAN and adopted by the following vote:

TOTAL:  Ayes: 19   Nays: 0   Vacant: 1 (City of Johnstown – Ward 1)