June 11, 2019 Agenda
- Post byCarol Ellis
- June 7, 2019
___DAVE D’AMORE, CHAIRMAN
___TIM MUNN, VICE CHAIRMAN
___JOSEPH SEMIONE, TREASURER
___JOE GILLIS, SECRETARY
___TODD RULISON, MEMBER
___GEORGE DOHERTY, MEMBER
___JANE KELLEY, MEMBER
___JAMES MRAZ, EXECUTIVE DIRECTOR
___KARA LAIS, FITZGERALD, MORRIS, BAKER, FIRTH PC
___MICHAEL BRANDI, FITZGERALD, MORRIS, BAKER, FIRTH PC
___SCOTT HENZE, PLANNING DIRECTOR
___RON PETERS, FULTON COUNTY CENTER FOR REGIONAL GROWTH
___MARIE BORN, LIAISON, ECONOMIC DEVELOPMENT AND ENVIRONMENT COMMITTEE
___MIKE ANICH, LEADER-HERALD
MADE BY :
MADE BY :
a. Fulton County’s Development Strategy includes the creation of a Primary Development Area called the Hales Mills Development Area.
b. The Concept Plan for this Development Area is consistent with the Comprehensive Plan of the Town of Johnstown.
c. The Hales Mills Development Area consists of four (4) parcels of land that are owned by two (2) property owners.
d. Fulton County desires parcel 163.-1-26.12 to be developed into housing, commercial and retail uses identified on the Hales Mills Development Area Concept Plan and the Town of Johnstown desires parcel 163.-1-19.2 to potentially develop into a recreational facility also as identified on the Hales Mills Development Area Concept Plan.
e. The Hales Mills Development Area Project will address the public need of creating new housing, providing public recreational facilities and generating new property and sales tax revenues to stabilize property tax rates for Fulton County residents.
a. In June, 2018, Mr. Bowe put these two (2) parcels up for sale.
b. Fulton County and the Fulton County Industrial Development Agency (IDA) have both attempted to negotiate the purchase of the parcels owned by Mr. Bowe. However, these negotiations have not resulted in the purchase of the parcels.
c. Independent certified appraisals have determined that Mr. Bowe’s asking price exceeds substantially the appraised value of the land.
d. The IDA learned last week that Mr. Bowe passed away on May 27, 2019.
3. Eminent Domain:
a. Fulton County Board of Supervisors’ Resolution #166 dated May 13, 2019 authorized and directed the IDA to initiate an Eminent Domain Procedure Law (EDPL) action to acquire the two (2) parcels owned by Mr. Bowe.
b. At its May 14, 2019 meeting, in response to the Board of Supervisors’ request, the IDA Board adopted a Resolution to schedule an EDPL Public Hearing.
c. The IDA Board agreed to continue negotiations with Mr. Bowe to acquire the two (2) parcels. The IDA Board stated it preferred to acquire these parcels by negotiations and would use EDPL only as a last resort.
4. EDPL Public Hearing:
5. Summary Report on Public Input Received:
A. EDPL Public Hearing:
A. Town of Johnstown : 20
B. Montgomery County : 7
C. Town of Mayfield : 5
D. City of Johnstown : 2
E. Other : 2
F. Town of Perth : 1
Total : 37
2. SUMMARY OF KEY COMMENTS OFFERED:
2. INCORRECT COMMENTS:
Comment : Land is stolen when taken by Eminent Domain.
Response : Landowners are paid the fair market value for their
property as determined by independent appraisers.
Comment : IDA’s are only involved with industrial projects.
Response : IDA can be involved in a variety of projects including
industrial, manufacturing, warehousing, distribution, retail, commercial, housing, civic facilities and others.
Comment : Fulton County is seeking to use Eminent Domain to
acquire land in the Town of Mohawk in Montgomery
Response : Fulton County has not discussed or considered using
Eminent Domain to acquire any land in Montgomery
Comment : Fulton County has offered the property owners in the
Town of Mohawk 3 times the price per acre they
offered Mr. Bowe.
Response : Fulton County has not discussed, considered or made
any written or verbal offers to any property owner in
the Town of Mohawk to purchase any land.
Comment : Fulton County already has a developer for this
Response : No developer has been selected. No developer has, to
date, expressed an interest/willingness to invest into
building out the Hales Mills Development Area.
Comment : The Town of Johnstown or Fulton County should not
be getting into the business of building new housing.
Response : The Town or County is not going to be building new
housing. The Hales Mills Development Area Project
is a private sector project. The new housing,
commercial and retail spaces shown in the Hales
Mills Development Area would be built and financed
by a private developer. The private investment into
the proposed Hales Mills Development Area would
create new tax base that would help both the Town of
Johnstown and Fulton County stabilize Town and
County tax rates.
Comment : There are enough industrial parks in Fulton County.
We don’t need another one on Hales Mills Road.
Response : The Park proposed for the west side of Hales Mills
Road Extension would be a Town Park that would
include recreational facilities. The Town Park would
preserve green space. It would not be an industrial
Comment : Fulton County went from promoting the area to
Response : Fulton County is not going to build the new housing
shown in the Hales Mills Development Area. The
new housing would be built and financed by private
developers. The Hales Mills Development Area
Project is a private sector project. The private
investment into the proposed Hales Mills
Development Area would create new tax base that
would help both the Town of Johnstown and Fulton
County stabilize Town and County tax rates.
B. Written Comments:
a. 25 were new comments from persons who did not speak at the Public Hearing.
b. 5 were the comments made by speakers at the Public Hearing.
MOTION: To authorize Chairman to execute this easement with National Grid.
2. Draft Response:
MOTION: To approve the Draft Response and authorize the Executive Director to submit the response to the NYS Senate’s Committee on Investigations and Government Operations.
MOTION: To go into Executive Session to discuss the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof.
MADE BY :
MOTION : To go out of Executive Session.
MADE BY :
July 9, 2019
MADE BY :