AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
Tuesday, January 24, 2017
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

     B. Presentations

  • Proclamation - Liberty Enterprises 
  • Proclamation - Montgomery County Employee       

VI. Communications

VII. Approval of Minutes

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
13

RESOLUTION CONFIRMING MEMBERS - MONTGOMERY COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL (YOUTH, ALTERNATIVES TO INCARCERATION & VETERAN’S SERVICES)

Wilson/PurtellMove to Full Legislature
14

RESOLUTION SUPPORTING INTERMUNICIPAL AGREEMENT FOR SERVICES FROM THE AMSTERDAM FIRE DEPARTMENT - CITY OF AMSTERDAM (EMERGENCY MANAGEMENT/SERVICES)

Purtell/WilsonMove to Full Legislature
15

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - EASTERN MEDICAL SUPPORT, LLC. (SHERIFF)

Purtell/SweetMove to Full Legislature
16

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT FOR INMATE DENTAL SERVICES (SHERIFF)

Wilson/PurtellMove to Full Legislature
17

RESOLUTION AMENDING THE 2017 OPERATING BUDGET (SHERIFF)

Purtell/SweetMove to Full Legislature
18

RESOLUTION CONFIRMING APPOINTMENT OF STOP DWI COORDINATOR MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)

Sweet/PepeMove to Full Legislature
19

RESOLUTION APPOINTING MEMBERS TO COUNTY PLANNING BOARD (ECONOMIC DEVELOPMENT/PLANNING)

Headwell, Jr./WilsonMove to Full Legislature
20

RESOLUTION APPOINTING MEMBERS OF THE MONTGOMERY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD (ECONOMIC DEVELOPMENT AND PLANNING)

Headwell, Jr./WilsonMove to Full Legislature
21

RESOLUTION AMENDING 2017 OPERATING BUDGET- 2016-2017 SNOWMOBILE TRAILS GRANT-IN-AID PROGRAM (ECONOMIC DEVELOPMENT AND PLANNING)

Wilson/PepeMove to Full Legislature
22

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW A (LOCAL LAW 1 OF 2017) –A LOCAL LAW ESTABLISHING ENERGY BENCHMARKING REQUIREMENTS FOR CERTAIN COUNTY OWNED BUILDINGS (COUNTY LEGISLATURE) 

Pepe/Headwell, Jr.Move to Full Legislature
23

RESOLUTION APPOINTING "AT LARGE" MEMBER OF MONTGOMERY COUNTY SANITARY  DISTRICT #1 BOARD OF DIRECTORS

Headwell, Jr./SweetMove to Full Legislature
24

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT BETWEEN THE GLOVERSVILLE-JOHNSTOWN JOINT WASTEWATER TREATMENT FACILITY AND THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 FOR SLUDGE TREATMENT/DISPOSAL

Headwell, Jr./PurtellMove to Full Legislature
25

RESOLUTION TRANSFERING FUNDS TO COVER THE COST OF REPLACING THE FLOW METER AT THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 (SANITARY DISTRICT)

Headwell, Jr./SweetMove to Full Legislature
26

RESOLUTION AUTHORIZING THE EXCHANGE OF EQUIPMENT WITH THE CITY OF AMSTERDAM (PUBLIC WORKS)

Sweet/Headwell, Jr.Move to Full Legislature
27

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)

Isabel/Headwell, Jr.Move to Full Legislature
28

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN CONTRACT- JOHNSON CONTROLS- FOR HVAC SERVICE AND REPLACEMENT- 6 YEAR TERM (PUBLIC WORKS)

Sweet/Headwell, Jr.Move to Full Legislature
29

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT NO. 1 WITH AGREEMENT WITH CME ASSOCIATES FOR FMCC STUDENT UNION ADDITION/RENOVATION PROJECT (FMCC)

Purtell/WilsonMove to Full Legislature
30

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER #2 FOR ADIRONDACK CABLING - FMCC STUDENT UNION ADDITION/RENOVATION PROJECT

Pepe/PurtellMove to Full Legislature
31

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE)

Wilson/PepeMove to Full Legislature
32

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH COLLAR CITY FOR PROVISION OF AUCTIONING SERVICES (COUNTY LEGISLATURE)

Wilson/PurtellMove to Full Legislature
33

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE MONTGOMERY COUNTY SOIL & WATER CONSERVATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)

Purtell/SweetMove to Full Legislature
34

RESOLUTION APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)

Purtell/PepeMove to Full Legislature
35

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES (COUNTY LEGISLATURE)

Wilson/PurtellMove to Full Legislature
36

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD (COUNTY LEGISLATURE)

Headwell, Jr./WilsonMove to Full Legislature
37

RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE - TOWN OF MINDEN (COUNTY TREASURER)

Sweet/Headwell, Jr.Move to Full Legislature
38

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Wilson/Headwell, Jr.Move to Full Legislature



Montgomery County Seal!RESOLUTION NO. 13 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION CONFIRMING MEMBERS - MONTGOMERY COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL (YOUTH, ALTERNATIVES TO INCARCERATION & VETERAN’S SERVICES)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, Article 13-A, Section 261, of NYS Executive Law requires certain appointments to be made to the Montgomery County Criminal Justice Coordinating Council; and

WHEREAS, additional members beyond the specified appointments within the Executive Law are encouraged by the New York State Division of Criminal Justice Services; and

WHEREAS, the representative of private organization operating within the county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, an ex-offender, and a crime victim shall be designated by the Montgomery County Executive; and

WHEREAS, it is recommended that the Council be updated by resolution annually to reflect the people who are currently in each designated position.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms that the 2017 Council shall consist of the following:

POSITION  NAME
County Court Judge  Honorable Felix J. Catena 
Town Court Judge Honorable Kathleen R. Buck, Town of Mohawk
District Attorney  Kelli McCoski
Legal Services Representative William F. Martuscello, Public Defender
Member of the Montgomery County Legislature Joseph Isabel, Public Safety Committee Chairperson
Director of Probation Lucille Sitterly
Chief Administrative Officer Matthew Ossenfort
Representative of Local Police Agencie Robert Thomas, Montgomery County Undersheriff
Reprsentative of Private Agency involved with ATI  John DiMezza
Ex-Offender Dale Haight
Crime Victim Jean Karutis
County Executive Matthew Ossenfort
Director of Community Mental Hygiene Services Sara Borenko
NYS Certified Alcohol/Substance Abuse Treatment Provider Program for Women Pat Trombley, Director of "The Lighthouse" Treatment

 

(Additional Members)

POSITION  NAME
Town Court Judge  Honorable Herbert Menge, Town of Amsterdam
Hamilton, Fulton and Montgomery Prevention Council Ann Rhodes, Director
Director of Youth, ATI & Veterans Brenda Rava

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Criminical Justice Board appointments

Statement of Legislative and Financial Impact:

I. Nature of Request:

 Appointment of members to the Criminal Justice Coordinating Council


II. Justification:

Article 13A, Section 261 of the NYS Executive Law calls for certain appointments to a County Criminal Justice Coordinating Coucil.


III. Legislative Impact:

Authorized by Article 13A, Section 261 of NYS Executive Law


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 14 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION SUPPORTING INTERMUNICIPAL AGREEMENT FOR SERVICES FROM THE AMSTERDAM FIRE DEPARTMENT - CITY OF AMSTERDAM (EMERGENCY MANAGEMENT/SERVICES)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, responding to HAZMAT incidents and confined space rescue incidents requires specific manpower and training it is necessary to set a course of action for appropriately staffed and trained coverage for Montgomery County, and

WHEREAS, it has been determined that cooperative action with the City of Amsterdam Fire Department will stabalize response, improve overall safety and be an economic benefit to both municipalities; and

WHEREAS, it is expected that this intermunicipal agreement will be beneficial to both Montgomery County and the City of Amsterdam.

RESOLVED, the Montgomery County Legislature hereby endorses and authorizes after review by the County Attorney the County Executive to sign an Intermuniciapl Agreement for services from the City of Amsterdam (Fire Department) as attached hereto and made part of this resolution.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



City of Amsterdam Fire Services Agreement

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION SUPPORTING INTERMUNICIPAL AGREEMENT FOR SERVICES FROM THE AMSTERDAM FIRE DEPARTMENT - CITY OF AMSTERDAM (EMERGENCY MANAGEMENT)


II. Justification:

Montgomery County has the longest stretch of NYS Thruway and CSX rail tracks in the entire State of New York.  We also have many State roads that encompass a large area of our jurisdiction.  All of these travel routes place us at risk for a Hazardous Material incident at any given time.  This combined with the natural hazards of some of our industry has proven to be the main requiring factor to make sure our Hazardous Material Response Team is staffed, trained and capable of protecting our citizens and infrastrcuture.  We are in a regional agreement with Fulton and Schoharie County to provide us assistance when needed.  The Amsterdam Fire Department has agreed to provide response for this team and has stabalized our ability to handle these types of incidents on a daily basis.

The Amsterdam Fire Department also has trained firefighters in confined space rescue.  They have agreed to suport our Department of Public Works for any confined space work detail, rescue or incident.  These two things are very imporant for the safety of our employees, constituents, guests and business owners.  The money set aside in the 2017 budget ($10,000) for a one time payment to them is to assist with training, equipment and to support this partnership that is absolutely necessary.       


III. Legislative Impact:

PURSUANT TO GENERAL MUNICIPAL LAW 119-o MUNICIPAL CORPORATIONS HAVE THE POWER TO ENTER INTO AGREEMENTS FOR THE PERFORMANCE AMONG THEMSELVES OR ONE FOR THE OTHER RESPECTIVE FUNCTIONS, POWERS, AND DUTIES ON A COOPERATIVE OR CONTRACT BASIS.  THESE AGREEMENTS MUST BE ENTERED INTO BY A MAJORITY VOTE OF THE VOTING STRENGTH OF ITS GOVERNING BODY.

PURSUANT TO ARTICLE 3 OF THE CHARTER MONTGOMERY COUNTY EXECUTIVE HAS THE AUTHORITY TO ENTER INTO CONTRACTS.


IV. Financial Impact:

The financial impact for this resolution is $10,000.00.  This money was already approved in the 2017 budget and has been placed in the appropriate line.  Once the agreement is signed we will process the appropriate paperwork for payment to the City of Amsterdam.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 15 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - EASTERN MEDICAL SUPPORT, LLC. (SHERIFF)


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, the Sheriff has recommended an agreement with Eastern Medical Support, LLC for provision of medical services for inmates at the Montgomery County Jail, and 

WHEREAS, Montgomery County will pay a compensation for the work performed to Eastern Medical Services, LLC at an amount not to exceed $106,960.35 per year beginning January 1, 2017 through December 31, 2017.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, to sign an agreement with Eastern Medical Support, LLC for provision of medical services at the Montgomery County Jail, following review and approval by the County Attorney at an amount not to exceed $106,960.35 per year beginning January 1, 2017 through December 31, 2017 .

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - EASTERN MEDICAL SUPPORT, LLC


II. Justification:

It is required by law that the County provide medical services and have a medical doctor available to the inmates.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

Budget neutral



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 16 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT FOR INMATE DENTAL SERVICES (SHERIFF)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, it is necessary to contract with a dental services provider for Montgomery County Jail Inmates; and

WHEREAS, the Montgomery County Sheriff is recommending continuing with the current provider for dental services.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign a renewal agreement with Daniel Kana, DDS of Bedford, NH, for the provision of dental services to inmates at Montgomery County Jail; and

FURTHER RESOLVED, that said agreement shall be for the period commencing on January 1, 2017 and ending on December 31, 2018, with a compensation at the rate of $1,750 per month, not to exceed $21,000 annually.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign a contract for dental services in the Jail for the period commencing on January 1, 2017 and ending on December 31, 2018, with a compensation at the rate of $1,750 per month, not to exceed $21,000 annually.


II. Justification:

Services are required by Commission of Corrections.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

$21,000 annual cost which was included in the 2017 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 17 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET (SHERIFF)


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, the position of Senior Account Clerk Typist (non-bargaining) in the Sheriff's budget is currently vacant; and

WHEREAS, the Sheriff wishes not to fill the position of Senior Account Clerk Typist at this time; and

WHEREAS, the Sheriff requests that the funding in the position of Senior Account Clerk Typist in the Sheriff's Budget be transfered to the Principal Acct. Clerk Typist position in the Sheirff's Budget.

RESOLVED, the County Treasurer is authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:     
A-15-4-3110-00.1110 (462)  Senior Account Clerk Typist $38,000
TRANSFER TO:     
A-15-4-3110-00.1110 (335)   Principal Account Clerk Typist  $38,000

  

    

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

 AMENDING THE 2017 OPERATING BUDGET


II. Justification:

This position will serve be required to proform certian duties that the Sr. Account Clerk Typist did and work with and serve as a back-up to the Sheriff's Secretary.  This position will oversee the Account Clerk Typist in the Sheirff's Office.  


III. Legislative Impact:

Legislators need to amend the Sheriff's 2017 Budget.


IV. Financial Impact:

A budget reduction in the Jail starting in 2018 of $29,544.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 18 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENT OF STOP DWI COORDINATOR MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the New York State STOP-DWI Law was enacted in November 1981, and county programs were first implemented in 1982; and

WHEREAS, all 62 New York counties are covered by established local STOP-DWI programs; and

WHEREAS, New York State Vehicle and Traffic Law Section 1197 requires that each county appoints a coordinator for the STOP-DWI program; and

WHEREAS, by New York State law, STOP-DWI programs are governed by the County Executive or County Administrator; and

WHEREAS, each county in the state of New York appoints a STOP-DWI coordinator whose duties include the development of a program and the coordination of efforts by agencies involved in alcohol and highway safety; and

WHEREAS, there is a vacancy in the position of STOP DWI Coordinator; and

WHEREAS, the County Executive  appointed Jeffrey Kaczor as the STOP DWI Coordinator on December 21, 2016; and  

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature; and

RESOLVED, that the Montgomery County Legislature approves and confirms the appointment of Jeffrey Kaczor as STOP-DWI Coordinator, at a base salary of $15,000, effective January 1, 2017.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Appointment Letter

Statement of Legislative and Financial Impact:

I. Nature of Request:

CONFIRMING APPOINTMENT OF STOP DWI COORDINATOR MADE BY THE COUNTY EXECUTIVE (County Legislature)


II. Justification:

New York State Vehicle and Traffic Law Section 1197 Requires That Each County Appoint a Coordinator For The STOP DWI Program.


III. Legislative Impact:

Pursuant to §2.08 of the Montgomery County Charter, the County Legislature shall confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and pursuant to §2.08 of the Montgomery County Charter, the County Legislature shall undergo a committee review of appointees


IV. Financial Impact:

Salary included in the 2017 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 19 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBERS TO COUNTY PLANNING BOARD (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, Introductory Local Law A of 2014 established a County Planning Board in Montgomery County, and

WHEREAS, the County Planning Board shall consist of nine (9) regular members and two (2) alternate members to be appointed by the Legislature; and

WHEREAS, the respective terms of the members of the Planning Board shall be commensurate with that of the Legislature; and

WHEREAS, the two alternate board members will have a two year term; and

WHEREAS, the current Planning Board Consists of:

APPOINTEE  ADDRESS  REPRESENTING TERM EXPIRATION
Vacant    District #1 12/31/2016
Robert Perry 27 Kellog Street, Fort Plain, NY 13339 District #2  12/31/2016
John Lyker  655 West Lyker Road, Sprakers, NY 12166 District #3  12/31/2016
David Weiner  139 Fox Street, Esperance, NY 12066 District #4  12/31/2016
Wayne De Mallie 159 Third Avenue, Tribes Hill, NY 12177 District #5  12/31/2016
Irene Collins 322 Guy Park Avenue, Amsterdam, NY 12010 District #6 12/31/2016
Robert DiCaprio 46 Sanford Avenue, Amsterdam, NY 12010 District #7 12/31/2016
Ronald Jemmott 143 Yale Street, Amsterdam, NY 12010 District #8 12/31/2016
Jeffrey W. Kreisel 1221 Midline Road, Amsterdam, NY 12010 District #9 12/31/2016
Mark Hoffman 2306 Hickory Hill Road, Fonda, NY 12068 Alternate Member 12/31/2015
Betty Sanders 163 Gerhartz Road, Palatine Bridge, NY 13428 Alternate Member 12/31/2015

RESOLVED, the Montgomery County Legislature hereby confirms the following appointments: 

APPOINTEE  ADDRESS  REPRESENTATING TERM EXPIRATION 
vacant    District #1  12/31/2019
Robert Perry   27 Kellog Street, Fort Plain, NY 13339  District #2  12/31/2019
John Lyker   655 West Lyker Road, Sprakers, NY 12166  District #3 12/31/2019
David Weiner   139 Fox Street, Esperance, NY 12066 District #4 12/31/2019
Wayne De Mallie  159 Third Avenue, Tribes Hill, NY 12177  District #5 12/31/2019
Irene Collins  322 Guy Park Avenue, Amsterdam, NY 12010  District #6 12/31/2019
Robert DiCaprio  46 Sanford Avenue, Amsterdam, NY 12010 District #7 12/31/2019
Ronald Jemmott  143 Yale Street, Amsterdam, NY 12010  District #8 12/31/2019
Jeffrey W. Kreisel  1221 Midline Road, Amsterdam, NY 12010 District #9 12/31/2019
Mark Hoffman 2306 Hickory Hill Road, Fonda, NY 12068 Alternate Member 12/31/2017
Betty Sanders 163 Gerhartz Road, Palatine Bridge, NY 13428 Alternate Member 12/31/2017

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

This Resolution will appoint members to the County Planning Board.


II. Justification:

A Resolution is required to appoint members to the County Planning Board to replace those with terms who have expired.


III. Legislative Impact:

General Municipal Law 12(b) states that members and offices of a County Planning Board shall be selected in a number and manner determined by the County Legislative Body.  The Montgomery County Legislature passed Local Law 1 of 2014 to govern the Montgomery County Planning Board. 


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 20 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBERS OF THE MONTGOMERY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, Article 25AA, Section 302 of the New York State Agricultural and Markets Law, as amended, provided for the establishment of an Agricultural and Farmland Protection Board; and

WHEREAS, the Montgomery County Board of Supervisors established the Montgomery County Agricultural and Farmland Protection Board in 1993; and

WHEREAS, the Board shall consist of eleven members, at least four of whom shall be active farmers, one shall represent agribusiness, and one may represent an organization dedicated to agricultural land preservation, all whom shall reside within Montgomery County; and

WHEREAS, the board also shall include the Chairperson of the County Soil and Water Conservation District's Board of Directors or an employee of the County Soil and Water Conservation District designated by the Chairperson, a member of the County legislative body,  a County Cooperative Extension agent, the County Planning Director, and the County Director of Real Property Tax Services; and

WHEREAS, the members of the Board shall be appointed by the Chairperson of the County legislative body, who shall solicit nominations from farm membership organizations except for the chairperson of the county soil and water conservation district's board of directors or his or her designee, the county planning director and director of real property tax services who shall serve ex officio; and

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board currently consists of the following members:

NAME  TITLE ADDRESS TERM EXPIRES
Roy Dykeman  Active Farmer RD#1, Box 331, Fultonville, NY 12072 12/31/2017
David Rivkovich  Active Farmer 7350 Sthwy 5s, Fort Plain, NY 13339 12/31/2017
Elma Phillips Agribusiness 795 Pattersonville Road, Pattersonville, NY 12137 12/31/2017
Kenneth Rose Director of Economic Development/Planning Old Court House, 9 Park Street, Fonda, NY 12068 12/31/2017
Martin Kelly Montgomery County Legislator 187 Sthwy 163, Fort Plain, NY 13339 12/31/2016
Michael Cole Active Farmer 142 Hickory Grove Road, Canajoharie, NY 13317 12/31/2016
Gerald Douglas Farm Bureau 7402 Phillips Road, Fort Plain, NY 13339 12/31/2016
Robert Harris Active Farmer 923 Sthwy 162, Sprakers, NY 12166 12/31/2016
Russ Kelly  Cornell Cooperative Extension 120 Scott Road, Fultonville, NY 12072 12/31/2016
Corey Nellis Montgomery County Soil & Water 4001 Sthwy 5s, Fultonville, NY 12072 Co-terminious with Scott Ryan's Term of Office
Sandra Frasier Montgomery County Director of Real Property 20 Park Street, Fonda, NY 12068 Co-terminious with her term of Office

 WHEREAS, the County Legislator term of Martin Kelly expires December 31, 2016; and

WHEREAS, the Active Farmer terms of Michael Cole and Robert Harris expire December 31, 2016; and

WHEREAS, the representative of the Farm Bureau, Gerald Douglas’s term expires December 31, 2016; and

RESOLVED, that the following persons are hereby appointed for the following terms as members of the Montgomery County Agricultural and Farmland Protection Board:

NAME  TITLE ADDRESS TERM EXPIRES
Martin Kelly  Montgomery County Legislator 187 Sthwy 163, Fort Plain, NY 13339  12/31/2019
Robert Harris Active Farmer 923 Sthwy 162, Sprakers, NY 12166 12/31/2020
Michael Cole Active Farmer 142 Hickory Grove Road, Canajoharie, NY 13317 12/31/2020
Gerald Douglas Farm Bureau 7402 Phillips Road, Fort Plain, NY 13339 12/31/2020

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

This resolution will appoint four members to the Agricultural and Farmland Protection Board whose terms expired at the end of 2016.


II. Justification:

Four terms expired at the end of 2016 and need to be re-appointed.


III. Legislative Impact:

This is authorized pursuant to Agriculture and Markets Law Section 302.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 21 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING 2017 OPERATING BUDGET- 2016-2017 SNOWMOBILE TRAILS GRANT-IN-AID PROGRAM (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has awarded Montgomery County $54,450 from the 2016-2017 Snowmobile Trails Grant-In-Aid Program, based upon an application submitted in cooperation with the Mohawk Valley Snowmobile Clubs, Inc.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Executive, following review and approval by the County Attorney, to execute all documents associated with this grant; and,

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

INCREASE REVENUES 

 

 

 

 

 

A-24-3-3889

State Aid - Other Culture and Recreation

$54,450

 

 

 

INCREASE APPROPRIATIONS: 

 

 

 

 

 

 A-24-4-7180-00-.4572

Recreation Trails

$54,450

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



2016-17 Application Approval Letter

Statement of Legislative and Financial Impact:

I. Nature of Request:

This resolution will amend the 2017 operating budget to reflect the grant award amount through the New York State Snowmobile Trails Grant-In-Aid Program.


II. Justification:

This will allow the County recieve and appropriate the grant awarded funds to the Mohawk Valley Snowmobile Clubss, Inc.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Resolution is budget neutral as revenues from the grant will offset the appropriations.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 22 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW A (LOCAL LAW 1 OF 2017) –A LOCAL LAW ESTABLISHING ENERGY BENCHMARKING REQUIREMENTS FOR CERTAIN COUNTY OWNED BUILDINGS (COUNTY LEGISLATURE) 


Resolution by Legislator: Pepe
Seconded by: Headwell, Jr.

WHEREAS, Montgomery County per Resolution No. 111 of 2016 Adopted the New York State Climate Smart Communities Pledge’s ten points; and

WHEREAS, decreasing community energy use and informing and inspiring the public were two of the ten points within the Climate Smart Communities Pledge,

NOW THEREFORE BE IT RESOLVED, that Local Law 1 of 2017 is hereby adopted and incorporated as follows: “A Local Law Establishing Energy Benchmarking Requirements for Certain County Owned Municipal Buildings”

 Be it enacted by the Montgomery County Legislature as follows:

1. PURPOSE.

Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by County of Montgomery.

Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the County of Montgomery is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement.

 2. DEFINITIONS

(A) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics.

(B) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings.

(C) “Director” shall mean the head of the Department.

(4) “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the County of Montgomery that is 1,000 square feet or larger in size.

(5) “Department” shall mean Department of Economic Development and Planning.

(6) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use.

(7) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings.

(8) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area.

(9) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy.

(10) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor.

(11) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.

(12) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations.

 3. APPLICABILITY

(1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 2 of this Local Law.

(2) The Director may exempt a particular Covered Municipal Building from the benchmarking requirement if the Director determines that it has characteristics that make benchmarking impractical.  

 4. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS

(1) No later than December 31, 2016, and no later than May 1 every year thereafter, the Director or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year.

(2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Director or his or her designee from the Department shall begin inputting data in the following year.

5. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION

(1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year:

(a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and

(2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information:

(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and

(b) For each Covered Municipal Building individually:

(i) The status of compliance with the requirements of this Local Law; and

(ii) The building address, primary use type, and gross floor area; and

(iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and

(iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building.

6. MAINTENANCE OF RECORDS

The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years.

 7. ENFORCEMENT AND ADMINISTRATION

(1) The Director or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law.

(2) The Chief Enforcement Officer of this Local Law is authorized to act as necessary to administer the requirements of this Local Law.

(3) Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the County Legislature including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Director determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Law.

8. EFFECTIVE DATE

This Local Law shall be effective immediately upon passage.

9. SEVERABILITY

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To enact a Local Law which establishes Energy Benchmarking Requirements for County owned buildings.


II. Justification:

Montgomery County recognizes the issues associated with Climate Change and New York State is always looking to achieve new energy visions and rewards communities that take part through funding opportunities and grants.  The NYSERDA Clean Energy Community Process focuses on continuing intiatives that foster a vibrant economy, save money, and improve the environment.  The Clean Energy Communities Program provides grants and recognition to local governments  that demonstrate leadership in the area of clean energy.  This type of funding is only made available to designated NYSERDA Clean Energy Communities.


III. Legislative Impact:

Adoption of Local Law Requires Legislative Approval.


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 23 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING "AT LARGE" MEMBER OF MONTGOMERY COUNTY SANITARY  DISTRICT #1 BOARD OF DIRECTORS


Resolution by Legislator: Headwell, Jr.
Seconded by: Sweet

WHEREAS, Resolution Number 281 of 2013 states that the Montgomery County Sanitary District No.1 Board of Directors shall consist of seven (7) members comprised of the current legislators representing Legislative Districts #1, #2, and #3, the Mayors of the Villages of Fort Plain, Nelliston, and Palatine Bridge, and one at-large member, to be appointed by the County Legislative Board, for a one-year term commencing January 1, 2017 and ending December 31, 2017; and

WHEREAS, Resolution Number 8 of 2016 appointed George Capece Jr. as the "at large" member of the Board of Directors for a term expiring on December 31, 2016; and

WHEREAS, the Board of Directors of the Montgomery County Sanitary District No.1 recommends the appointment of George Capece Jr as the 2017 member at large.

RESOLVED,  that George Capece Jr., hereby is appointed as the “at-large” member of the Board of Directors of the Montgomery County Sanitary District #1 for a one-year term ending on December 31, 2017.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To appoint the member at large to the Sanitary District Board of Directors for 2017


II. Justification:

Pursuant to Resolution #281 of 2013 an at large member to the Sanitary District Board of Directors  shall be appointed by the Montgomery County Legislature.


III. Legislative Impact:

Pursuant to Resolution #281 of 2013 an at large member to the Sanitary District Board of Directors  shall be appointed by the Montgomery County Legislature.


IV. Financial Impact:

none



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 24 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT BETWEEN THE GLOVERSVILLE-JOHNSTOWN JOINT WASTEWATER TREATMENT FACILITY AND THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 FOR SLUDGE TREATMENT/DISPOSAL


Resolution by Legislator: Headwell, Jr.
Seconded by: Purtell

WHEREAS, Montgomery County Sanitary District No. 1 operates a wastewater treatment plant that generates disgested sludge that needs treatment/disposal; and

WHEREAS, the Gloversville-Johnstown Joint Wastewater Treatment facility is the owner and operator of wastewater treatment facilities which can be used to treat/dispose of sdaid sludge; and

WHEREAS, the sludge disposal agreement is expected to be a benefit of Montgomery County and the Gloversville-Johnstown joint wastewater treatment facility; and

WHEREAS, the Gloversville-Johnstown Joint Wastewater Treatment facility has approved of the sludge disposal agreement and has already executed the agreement.

NOW THEREFORE BE IT RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, for sludge treatment/disposal, with the Gloversville-Johnstown Joint Wastewater Treatment Facility terminating on December 31, 2018. 

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Sludge Disposal Agreement

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN THE DISPOSAL AGREEMENT WITH THE GLOVERSVILLE-JOHNSTOWN JOINT WASTEWATER TREATMENT FACILITY.


II. Justification:

THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 GENERATES SLUDGE THAT REQUIRES DISPOSAL.  THE GLOVERSVILLE-JOHNSTOWN JOINT WASTEWATER TREATMENT FACILITY IS CAPABLE OF TREATING SUCH SLUDGE.


III. Legislative Impact:

PURSUANT TO GENERAL MUNICIPAL LAW 119-o MUNICIPAL CORPORATIONS HAVE THE POWER TO ENTER INTO AGREEMENTS FOR THE PERFORMANCE AMONG THEMSELVES OR ONE FOR THE OTHER RESPECTIVE FUNCTIONS, POWERS, AND DUTIES ON A COOPERATIVE OR CONTRACT BASIS.  THESE AGREEMENTS MUST BE ENTERED INTO BY A MAJORITY VOTE OF THE VOTING STRENGTH OF ITS GOVERNING BODY.

PURSUANT TO ARTICLE 3 OF THE CHARTER MONTGOMERY COUNTY EXECUTIVE HAS THE AUTHORITY TO ENTER INTO CONTRACTS.


IV. Financial Impact:

BUDGETED



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 25 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION TRANSFERING FUNDS TO COVER THE COST OF REPLACING THE FLOW METER AT THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 (SANITARY DISTRICT)


Resolution by Legislator: Headwell, Jr.
Seconded by: Sweet

WHEREAS, the Montgomery County Sanitary District No.1's influent magnetic flow meter needs to be replaced; and

WHEREAS, it is necessary to transfer funds in order to complete that task.

RESOLVED, the Montgomery County Treasurer is authorized and directed to amend the 2017 Operating Budget as follows:

TRANSFER FROM:     
G-26-4-1990-00.4400  Contractual Expenses $12,500.00
TRANSFER TO:    
G-26-4-8120-00.4422  Equipment Rental/Lease/Repair $12,500.00

                               

                      

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The Sanitary District main flow meter seems  needs to be replaced.  An appropriation is needed to expend these funds.


II. Justification:

The Sanitary District main flow meter seems  needs to be replaced.  An appropriation is needed to expend these funds.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Lateral move within the budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 26 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE EXCHANGE OF EQUIPMENT WITH THE CITY OF AMSTERDAM (PUBLIC WORKS)


Resolution by Legislator: Sweet
Seconded by: Headwell, Jr.

WHEREAS, Montgomery County has a 1998 JCB Loader/Backhoe Model 214S-4WS, which includes forks and a ditching bucket, that is no longer needed by Montgomery County; and

WHEREAS, the City of Amsterdam has a 1982 Chamption 720 grader with 2500 hours and a six wheel dump truck, plow and sander that it no longer needs; and

WHEREAS, Montgomery County has a need for a 1982 Chamption 720 grader with 2500 hours and a six wheel dump truck, plow and sander; and

WHEREAS, the City of Amsterdam requires a 1998 JCB Loader/Backhoe Model 214S-4WS, with forks and a ditching bucket; and

WHEREAS, the City of Amsterdam and Montgomery County wish to exchange the aforementioned equipment; and

WHEREAS, the equipment that would be received by Montgomery County from the City of Amsterdam as a result of this exhange is worth approximately the same or greater than the equipment that would be given to the City of Amsterdam by Montgomery County.

THEREFORE BE IT RESOLVED, that the Commisisoner of the Department of Public Works is directed to take the necessary steps to move forward with this exhange of equipment with no funds being expended by Montgomery County; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is directed to sign any necessary paperwork to effectuate this exchange; and

BE IT FURTHER RESOLVED, that the Montgomery County Purchasing Agent is directed to inform the County's insurance company of this equipment exchange once it has taken place.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE EXCHANGE OF EQUIPMENT WITH THE CITY OF AMSTERDAM


II. Justification:

Exchanging equipment would be mutually beneficial to the City of Amsterdam and Montgomery County.


III. Legislative Impact:

Authorized by Section 2.04 (p) of the Montgomery County Charter.

 

Highway Law 133 (4) gives the Commissioner of the Department of Public Works the authority to "with the approval of the board of supervisors or of a duly authorized committee thereof, sell any machinery, equipment, tools and implements used for highway, snow removal or bridge purposes no longer needed by the county, or which shall have become worn out or obsolete, or may exchange the same or surrender it to the vendor as part payment for new machinery, equipment, tools and implements. If sold, the proceeds shall be credited to the receipts of such funds and become a part thereof."


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer
Public Works




Montgomery County Seal!RESOLUTION NO. 27 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)


Resolution by Legislator: Isabel
Seconded by: Headwell, Jr.

RESOLVED, pursuant to Section 135A of the Highway Law, the Montgomery County Legislature hereby authorizes and directs to the County Executive, upon review and approval of the County Attorney to enter into agreements with the City of Amsterdam, Village of St. Johnsville and the ten towns located in Montgomery County for control of snow and ice on County roads; and

FURTHER RESOLVED, payment for the work to be performed under the terms of said agreements for snow and ice control shall be at the rate of $5,650 per centerline mile for September 2, 2016-September 1, 2017.

MOTION TO AMEND by Legislator Purtell, seconded by Legislator Wilson, to change:

FURTHER RESOLVED, payment for the work to be performed under the terms of said agreements for snow and ice control shall be at the rate of $5,650 per centerline mile for September 2, 2016-September 1, 2017.

to

FURTHER RESOLVED, payment for the work to be performed under the terms of said agreements for snow and ice control shall be at the rate of $5,650 per centerline mile for January 1, 2017-December 31, 2017.

passed with Aye(8).  Legislator Kelly voted Nay.(1/24/2017)

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS


II. Justification:

Authorized pursuant to Section 135A of the Highway Law


III. Legislative Impact:

Authorized pursuant to Section 135A of the Highway Law. Pursuant to Article 3 of the Montgomery County Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

Budgeted in the 2017 Budget at $2,250,246 total cost of snow contracts per this resolution will be $2,230,507.00



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 28 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN CONTRACT- JOHNSON CONTROLS- FOR HVAC SERVICE AND REPLACEMENT- 6 YEAR TERM (PUBLIC WORKS)


Resolution by Legislator: Sweet
Seconded by: Headwell, Jr.

WHEREAS, the Commissioner of Public Works has recommended the renewal of a contract for HVAC Service and replacement with Johnson Controls, and

WHEREAS, the funding for said contract has been included in the 2017 Operating Budget,

RESOLVED, that the Montgomery County Legislature authorizes and directs the County Executive, following review and approval by the County Attorney, to sign an agreement with Johnson Controls of Albany, NY, for provision of HVAC Service and replacement services for all county-owned buildings, and

FURTHER RESOLVED, that said services shall be provided at a cost not to exceed $379,803.00 and at a term not to exceed six years.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Johnson Controls - Planned Service Proposal

Johnson Controls - Service Agreement

Statement of Legislative and Financial Impact:

I. Nature of Request:

Request for the County Executive to sign a contract for HVAC Services and replacement.


II. Justification:

Professional services are required to maintain the HVAC Services and replacements in all County-owned buildings.


III. Legislative Impact:

Pursuant to section 3.02 (g), the County Executive can make, sign, and implement all contracts on behalf of the County within the authorized appropriations.  Funding for said services is provided for inthe 2017 Operating Budget for the Department of Public Works.


IV. Financial Impact:

Services are to be provided at a cost not to exceed $379,803.00, over the term of the agreement.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 29 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT NO. 1 WITH AGREEMENT WITH CME ASSOCIATES FOR FMCC STUDENT UNION ADDITION/RENOVATION PROJECT (FMCC)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, Fulton and Montgomery Counties approved an Agreement with CME Associates to provide testing services for the FMCC Student union Addition/Renovation Project; and 

WHEREAS, the original contract amount was $11,000; and 

WHEREAS, CME was directed to provide certain additional testing work during the project resulting in total expenditures being $12,126; and 

WHEREAS, it is recommended that an Amendment No.1 be approved to increase CME’s contract amount to $12,126.

RESOLVED, that the County Executive, upon review and approval by the County Attorney, is authorized and directed to execute Amendment No. 1 with CME Associates to increase their contract amount to $12,126.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT NO. 1 WITH AGREEMENT WITH CME ASSOCIATES FOR FMCC STUDENT UNION ADDITION/RENOVATION PROJECT


II. Justification:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

Budget neutral



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 30 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER #2 FOR ADIRONDACK CABLING - FMCC STUDENT UNION ADDITION/RENOVATION PROJECT


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the FMCC Student union Addition/Renovation Project is nearing completion, and

WHEREAS, the total appropriation for this project was $2,740,000, and to date $2,674,131.29 has been authorized to be expended, leaving a balance of $65,868.71 in the total appropriation, and

WHEREAS, FMCC has identified several additional work tasks that it would like to have completed in the existing Student Union Building, and to pursue those work tasks, FMCC is asking that Change Order No. 2 with Adirondack Cabling, Inc. to install a new security camera on exterior of Student Union. 

RESOLVED, that the County Executive is authorized and directed to execute Change Order #2 with Adirondack Cabling, Inc. in the amount of $2,334.84 to supply and install a security camera on the exterior of the Student Union Building.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER #2 FOR ADIRONDACK CABLING - FMCC STUDENT UNION ADDITION/RENOVATION PROJECT


II. Justification:

A resolution is required to approve projects at the community college


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

Budget neutral



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 31 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, pursuant to Section 201 of the Montgomery County Code of Ethics there shall be a Board of Ethics consisting of five members to be appointed by the County Executive, subject to confirmation by the County Legislature; and

WHEREAS, the Board of Ethics shall consist of three members who shall not be, nor for a period of two years prior to appointment have been, officers or employees of Montgomery County or any municipality located in Montgomery County or employed or compensated by Montgomery County as a vendor/contractor; and

WHEREAS, one member shall be an elected or appointed officer or employee of Montgomery County; and

WHEREAS, one member shall be an elected or appointed officer or employee of a municipality located within Montgomery County; and

WHEREAS, the term for members  shall be for a period of three years; and

WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics each member shall be a Montgomery County resident and remain so during the term of his or her appointment; and

WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics, no member shall have any interest, as defined by Section 801 of the General Municipal Law, in any contract or transaction with the County; and

WHEREAS, pursuant to Section 201 (c) no member shall hold office in a political party or act as a lobbyist in the County; and

WHEREAS, the Board of Ethics currently consists of the following members:

NAME  POSITION TERM EXPIRES
Daniel Colon  County Employee  12/31/2015
Robert Sullivan  Municipal Official 12/31/2016
Michael McKenney Non-employee 12/31/2016
Eve Gordon Non-employee 12/31/2017
James Park Non-employee 12/31/2017

WHEREAS, the Montgomery County Executive has filed a written appointment  with the Clerk of the County Legislature of:Daniel Colon to fill the position of County Employee with a term expiring December 31, 2018, Robert Sullivan to fill the position of Municipal Official with a term expiring on December 31, 2019, and Michael McKenney to fill the position of Non Employee with a term expiring on December 31, 2019; and

WHEREAS, less than sixty days has passed since these appointments were filed with the Clek of the Legislature; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of the appointments; and

WHEREAS, the appointees meet the requirements as set forth by Section 201 (c) of the Montgomery County Code of Ethics.

NOW THEREFORE BE IT RESOLVED,   that the Montgomery County Legislature confirms the following appointments:

NAME  POSITION TERM EXPIRES
Daniel Colon  County Employee  12/31/2018
Robert Sullivan  Municipal Official 12/31/2019
Michael McKenney Non-employee 12/31/2019

BE IT FURTHER RESOLVED that within fifteen (15) days of the confirmation of this appointment that Daniel Colon, Robert Sullivan, and Michael McKenney shall each file a financial disclosure statemnt with the Clerk of the Legislature pursuant to the Montgomery County Code of Ethics.

       

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Appointment Letter - Ethics Board

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution confirming appointments by the Montgomery County Executive to the Montgomery County Ethics Board.


II. Justification:

Terms of current members have expired and replacements are necessary.


III. Legislative Impact:

The Montgomery County Code of Ethics sets the procedure for appointment and confirmation of members to the Board of Ethics.


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 32 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH COLLAR CITY FOR PROVISION OF AUCTIONING SERVICES (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, it is necessary to hire a company to run the tax foreclosure auctions for Montgomery County; and 

WHEREAS, Montgomery County issued a Request For Proposals in 2015 for tax auctioning services and entered into a contract with Collar City, the lowest responsible responsive bidder for a term of one year with the option to renew for two additional years; and

WHEREAS, the Montgomery County Legislature wishes to renew the contract for tax foreclosure auctioning services with Collar City for an additional two years; and

WHEREAS, the Montgomery County Legislature also wishes to enter into a contract with Collar City for a term of two years to provide surplus equipment auctioning services for Montgomery County. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is hereby directed to sign a contract with Collar City for a term of two years to run the tax foreclosure auctions for Montgomery County.

BE IT FURTHER RESOLVED, that the Montgomery County Executive is hereby directed to sign a contract with Collar City for a term of two years to provide surplus equipment auctioning services for Montgomery County. 

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH COLLAR CITY FOR PROVISION OF AUCTIONING SERVICES


II. Justification:

The current contract for tax auctioning services has expired and it is anticipated that entering into a contract for auctioning services will be financially beneficial to the County.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

It is anticipated that this contract for auctioning services will result in a financial gain to the County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 33 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE MONTGOMERY COUNTY SOIL & WATER CONSERVATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Sweet

RESOLVED, the Montgomery County Legislature hereby confirms the appointments of Legislators Robert Headwell and Martin Kelly made by the County Executive to the Montgomery County Soil & Water Conservation Board of Directors for a term of January 1, 2017 to December 31, 2017.

RESOLUTION VOTE, passed with Aye(8). Legislator Headwell, Jr. abstained. (1/24/2017)



Soil & Water Board Appointment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Confirming Appointments made by the County Executive to the Montgomery County Soil & Water Conservation Baord of Directors


II. Justification:

Legislative reprsentation on Soil Conservation Board of Directors


III. Legislative Impact:

Legislative reprsentation on Soil Conservation Board of Directors


IV. Financial Impact:

none



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 34 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors,

RESOLVED, that Legislator Kelly is hereby appointed as a Director on the Association Board of Directors of the Cooperative Extension Association of Fulton and Montgomery Counties for a term beginning on January 1, 2017 and ending on December 31, 2017.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS


II. Justification:

Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors


III. Legislative Impact:

Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors


IV. Financial Impact:

none



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 35 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years, and

RESOLVED, that Legislator Pepe hereby is appointed to serve on the Montgomery County Court Law Library Board for a term ending on December 31, 2017.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe abstained. (1/24/2017)



Law Library Board Appointment

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES


II. Justification:

Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years


III. Legislative Impact:

Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years


IV. Financial Impact:

NONE



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 36 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD (COUNTY LEGISLATURE)


Resolution by Legislator: Headwell, Jr.
Seconded by: Wilson

WHEREAS, Section 503a(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the County Jury Board, and

WHEREAS, said appointment shall be designated by the Montgomery County Legislature,

RESOLVED, that Legislator, District 7, Michael J. Pepe, hereby is appointed to serve on the Montgomery County Jury Board for a three-year term ending on December 31, 2018.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe abstained. (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD


II. Justification:

Section 503a(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the County Jury Board


III. Legislative Impact:

Section 503a(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the County Jury Board


IV. Financial Impact:

NONE



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 37 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE - TOWN OF MINDEN (COUNTY TREASURER)


Resolution by Legislator: Sweet
Seconded by: Headwell, Jr.

WHEREAS, Montgomery County has obtained real property parcel by tax foreclosure known as SBL 45.16-1-16 (100 Reid Street), located in the Village of Fort Plain, Town of Minden; and

WHEREAS, this propery is not needed for County purposes; and

WHEREAS, this property is in poor condition and the neighboring property owner would like to clean/clear the property; and

WHEREAS, it benefits the public to convey this parcel to the neighboring property owner.

RESOLVED, the Montgomery County Legislature hereby authorizes to convey all the right, title and interests of the County in and to said real property to the Scott Wolfkiel for the sum of $200.00; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to execute the deed and all related documents related to the conveyance of said property to the Scott Wolfkiel.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Transfer tax forclosed property owned by the County to the Scott Wolfkiel (neighboring property owner) 


II. Justification:

Property is in poor condition with code violations and neigboring property owner would like to clean/clear the property.


III. Legislative Impact:

Approval of the Montgomery County Legislature is required for the transfer of County owned property


IV. Financial Impact:

Property would be sold for $200 and neighboring property owner will be paying the 2017 Town & County Taxes including the 2016/17 School & Village taxes ($3,427.08).  No tax revenue has been received on this property since 2012.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 38 of 2017

DATED: January 24, 2017

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Headwell, Jr.

WHEREAS, pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment; and

WHEREAS, the Audit Committee has audited claims for the period of December 21, 2016 through January 24, 2017 and recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the Audit Committee, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (1/24/2017)



Monthly Abstract - January 24, 2017

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment.


III. Legislative Impact:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committeee claims as audited are approved and presented to the Board for approval of payment.


IV. Financial Impact:

Budget neutral



cc: County Clerk
County Treasurer