RESOLUTION NO. 39 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, Section 41.05 of the Mental Hygiene Laws of the State of New York requires that each local government establish a local government unit to plan for and administer mental health, mental retardation, alcoholism and substance abuse services, and 

WHEREAS, Section 41.13(2)6. provides the authority for the local government unit to enter into contracts with local services providers to implement the local services plan for mental health, mental retardation, alcoholism and substance abuse services, 

RESOLVED, that following the approval of the County Attorney the County Executive is hereby authorized and directed to sign and execute any and all prospective agreement documents entered into between the County and agencies providing mental health, mental retardation, alcoholism and substance abuse services for calendar year January 1, 2017 to December 31, 2017 as listed below: 

Catholic Charities of Fulton and Montgomery Counties for alcoholism, substance abuse, and gambling prevention services not to exceed $310,000

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 40 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services currently has a vacant position as a Principal Social Welfare Examiner (Grade H);

WHEREAS, the department has reviewed the workload and has determined a Head Social Welfare Examiner (Grade I) would better suit the needs of the department in the Amsterdam Office;

WHEREAS, the Commissioner of Social Services recommends the hiring of a Head Social Welfare Examiner;

RESOLVED, the Montgomery County Legislature hereby authorizes and directs, upon review and approval of the County Attorney, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating budget as follows:

TRANSFER FROM:

A-18-4-6010-00-1110 (746)                Principal Social Welfare Examiner                  $42,985

TRANSFER TO:

A-18-4-6010-00-1110(NEW)               Head Social Welfare Examiner                       $42,985                                    

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 41 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the New York State Office of Temporary and Disability Assistance (OTDA) authorized a Home Energy Assistance Program (HEAP) regular benefit to active public assistance, SNAP, and Heap cases; and

WHEREAS, the Department of Social Services requires an additional $23,013 in the HEAP appropriation line to fund the additional benefit; and

WHEREAS, the additional benefit will be 100% federally funded; and

RESOLVED, that the Montgomery County Legislature hereby supports, and authorizes the additional funds for the HEAP program; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 42 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, due to a motor vehicle accident a 2016 Sheriff's Office patrol vehicle was declared a total loss; and

WHEREAS, the County's insurance company has offered to purchase said vehicle from the County for $21,735 plus the cost to remove and re-install all equipment, stripping and replace any damaged equipment on said vehicle based on actual cost; and

RESOLVED, the Montgomery County Legislature authorizes the purchase of a vehicle not to exceed $27,201 with all equipment.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 43 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, there are unexpended Indigent Legal Services Grant funds available for carry-over the 2017 Public Defender budget; and

WHEREAS, funds from said grant monies are needed to purchase supplies, legal reference: manuals and attend conferences and training.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 44 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the Commissioner of Public Works is requesting funds for equipment replacement at the Montgomery County Public Safety Facility, to include the replacement of the jail computer server room A/C Liebert Unit and Central Control UPS unit; and

WHEREAS. the A/C unit for ther server room is not capable of handling the heat load any longer with the computer equipment in the room; and

WHEREAS, the UPS System is inoperable, which controls the Central Command Center back-up system for power outages; and

WHEREAS, there is an urgent need for the replacement of said equipment.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 45 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, resolution # 214 of 2016 authorizes the issuance of $320,000.00 serial bonds to finance the cost of the implementation of a clarifier rehabilitation project and leachate acceptance project for the Montgomery County Sanitary District No.1, and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors recommends retaining the services of John M. McDonald Engineering P.C. to prepare design specifications, solicit bids, and oversee the construction phase of said projects at a cost not to exceed $48,700.00; and

WHEREAS, the aforementioned work is a professional service.

RESOLVED, the County Executive is hereby authorized and directed, upon the review and approval of the County Attorney, to execute an agreement with John M. McDonald Engineering P.C. to provide design specifications, solicit bids in accordance with municipal bidding procedures, and oversee the contruction phase of said capital projects. 

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 46 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the New York State Department of Environmental Conservation is issuing an Order on Consent to the Montgomery County Sanitary District No.1, and

WHEREAS, the Montgomery County Attorney has negiotiated a reduced fine and a longer Schedule of Compliance with the New York State Department of Environmental Conservation, and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors have reviewed and approve of the execution of said Order on Consent,

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the Montgomery County Executive, upon the review and approval of the County Attorney, to execute said Order on Consent.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 47 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS,  the Montgomery County Sanitary District No. 1 Sewer Use Law states that specific user charges (also referred to as Operation & Maintenance Rates) shall be subject to approval by MCSD No. 1 Board; and

WHEREAS, the Montgomery County Sanitary District No. 1 Sewer Use Law states that these rates shall be recalculated annually; and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors proposes the establishment of an increased Operation & Maintenance Rate Structure for all properties within the District boundaries that have public sewer available, and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors held a Public Hearing on February 25, 2017 in regard to said increase,

RESOLVED, that the Montgomery County Legislature hereby adopts a new Commercial and Residential Operation & Maintenance Rate Structure for the Montgomery County Sanitary District No.1 as follows:

  "No users, residential or commercial, will pay less than $275.00 per available unit", and

FURTHER RESOLVED, that all of the above listed usages, or combination or separate parts thereof, are subject to an additional per unit charge, or charges, if the Montgomery County Sanitary District No.1 Board of Directors determines that a particular usage, or combination of separate part thereof, is having an "extraordinary impact" on the publicly owned treatment works of the Montgomery County Sanitary District No.1.                                      

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 48 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services currently has a vacant Computer Console Operator position (Grade C) in the Data Department; and

WHEREAS, the Department of Social Services has reviewed the workload and determined that an Account Clerk Typist title (Grade C) would better suit the needs of the department; and

WHEREAS, this change in title would not financially impact the Department of Social Services.

RESOLVED, the Montgomery County Legislature hereby eliminates the Computer Console Operator position; and

FURTHER RESOLVED, the Montgomery County Legislature hereby establishes a new Account Clerk Typist position at a Grade Level C with a base salary of $28,656.00; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 49 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, Resolution 36 of 205 awarded an RFP to Trinity Services Group, Inc. to provide food and kitchen management to the jail; and

WHEREAS, said contract is expiring and provides for one year extensions for up to three (3) years; and

WHEREAS, this is the second of the one year extensions allowable under the original contract; and

WHEREAS, the  proposed contract includes an increase in the current meal price by 1.5% and a copy of the fee schedule is attached to this resolution.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, to sign an agreement with Trinity Services Group, Inc. March 1, 2017 through February 28, 2018 using the fee schedule attached to this Resolution, which is incorporated herein and made a part hereof.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 50 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, in April 2015 the Village of Nelliston offered the use of space, without cost, in the Village Office building for a Sheriff's Sub-station; and

WHEREAS, the Village is now seeking to enter into an agreement to rent the space to the Sheirff's Office for $100 a month to continue each month until such a time as the Sheriff vacates the space; and

WHEREAS, the Sheriff sees a need for the use of the Sub-Station for the efficiency of the department.

RESOLVED, the Montgomery County Legislature hereby approves and authorizes the County Executive, upon the review and approval of the County Attorney, to sign an Agreement wit hthe Village of Nelliston to rent space at the Village for a Sheriff's sub-station at an amount of $100 a month for a five year term.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 51 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS,  Resolution 52-10 awarded a contract to Impact to provided software and maintenance service to the Montgomery County E-911 Center, and

WHEREAS,  the current maintenance agreement is exprining on February 28, 2017, and

WHEREAS,  the new maintenance agreement provides for a one (1) year extention from March 1, 2017 - February 28, 2018 with a $3,182 increase with a copy of the fee schedule attached to this resolution.

RESOLVED,  that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by County Attorney, to sign an agreement with Impact for software maitenance services for a term of March 1, 2017-February 28, 2018 at an amount not to exceed $53,966.   

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 52 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, forfeiture monies from drug related cases in the amount of $1,237.14 have been deposited with the Montgomery County Treasurer; and

WHEREAS, said forfeiture monies are to be used to purchase equipment and aid various law enforcement agencies throughout Montgomery County, it is

RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2017 operating budget as follows:

INCREASE REVENUES:

A-25-3-1165-2626                Forfeiture Crime Proceeds - Restricted                          $1,237.14

INCREASE APPROPRIATIONS:

A-25-4-1165-00-4522           DA/Law Enforcement Program                                       $1,237.14

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 53 of 2017 DATED: February 28, 2017 RECOMMENDATION:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 54 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the Purchasing Buyer has been performing the duties of a Purchasing Agent; and

WHEREAS, upon review it has been determined that the duties and responsibilities of the Puchasing Buyer should be properly allocated to the position of Purchasing Agent.

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

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 55 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, on October 5, 2016 a desk audit was completed in which it was determined that the Senior Planner (GIS) is misplaced in the CSEA contract; and

WHEREAS, the Senior Planner (GIS) is in Grade L which is signficantly lower than that of the Senior Planner which is placed in Grade R; and

WHEREAS, the duties of the positions are very similar and are both complex in nature and have a specific higher level of experience required; and

WHEREAS, to eliminate these discrepencies it has been determined that the Senior Planner GIS position should be a Grade R, Base Salary $61,079; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 56 of 2017 DATED: February 28, 2017 RECOMMENDATION:

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 January 24, 2017 through February 28, 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(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 57 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, a property owner has filed an Application for Correction of the 2017 County & Town Tax Rolls, pursuant to Section 554 of the Real Property Tax Law, with the Real Property Director, alleging errors on the 2017 Tax Roll, and

WHEREAS, said Director has investigated and filed reports, pursuant to said statue, and

WHEREAS, the Montgomery County Legislature has reviewed the Real Property Tax Director's reports and application, and

WHEREAS, the Montgomery County Legislature finds that there was an Error in Essential Fact that is applicable in the application for correction.

Application for Correction to the 2017 County and Town Tax Rolls

Approved -

Thomas J Farone Home Builders

677 Route 9

Gansvoort, NY 12831

The property in question is vacant and the assessor placed an assessment for buildings that do not exist on this parcel.  The assessment should be lowered to vacant land.

WHEREAS, Resolution 11 of 2017 only allows the Auditing Committee to sign correction that does not exceed $2,500

RESOLVED, that the tax levying body hereby is authorized and directed to approve said applications by making notations on the original applications and duplicates, and by entering the corrected extension of taxes, and

RESOLVED, that said County Director is also authorized and directed to make an order setting forth the corrected taxes, and directing the officer having jurisdiction over the tax roll to correct the rolls, and to affix the orders and approved applications to the tax rolls and the warrants, per Section 554 of the Real Property Tax Law, such annexed applications and warrants becoming a part of such tax rolls, and

RESOLVED, that the County Director shall immediately submit, to the officers having jurisdiction over the tax rolls, and above order, all approved applications, and

RESOLVED, that the County Director shall mail Notices of Approval of the Application to the applicants and the Auditing Department shall submit a monthly report, setting forth all corrections and/or refunds processed, to the Legislators, and

RESOLVED, that, provided the applications were filed pursuant to Paragraph 7A of Section 554 of the Real Property Tax Law, the application shall have eight days, from the date of the mailing of the Notice of Approval, to pay such corrected taxes, without interest, and

RESOLVED, that the said officers having charge of the tax rolls hereby are ordered and directed to immediately collect the correct tax, and

FURTHER RESOLVED, that the Treasurer is directed to charge any taxes deleted from the current rolls, by this resolution, whereever appropriate, against the account of the respective property-taxing jurisdiction for inclusion in the next ensuing tax levy, and

FURTHER RESOLVED, that the Treasurer is directed to notify the appropriate districts, prior to May 1, 2017 or any relevy cancelled by this resolution and will be charged back on the ensuing tax roll.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 58 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, Resolution 249 of 2016 authorized the sale of a 2000 - Gradall Model SL4100 to the Town of Charleston for the sum of $15,000.00; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 59 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, the Montgmery County DPW Building requires an open internet line in order for the new ADP time clocks to function; and

WHEREAS, it has been recommended by the Data Processing Director to enter into this agreement with Spectrum Business to provide the services necessary connect the DPW building to the internet for the DPW time clock; and

WHEREAS, said agreement includes a monthly charge of $89.98 for an ongoing time period with a 30 day option out for Montgomery County.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, to sign service agreement Order

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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RESOLUTION NO. 60 of 2017 DATED: February 28, 2017 RECOMMENDATION:

WHEREAS, Crown Atlantic Company, LCC of Canonsburg, Pennsylvania, owns the radio tower on Sanders Road in the Town of Minden, and

WHEREAS, use of this tower is essential for the completion of the new radio project, and

WHEREAS, the cost of the license and use of the license space is increasing by $500.00 per month for the additional equipment being installed, and

WHEREAS, there exists a current lease agreement in place with Crown Atlantic Company, this addendum will allow the current radio project work to be completed and provide for an increase in fees of $500.00 per month.  The signature of this agreement is necessary for the radio company to move forward with the install of an additinal antenna and to remove some of the old equipment currently in place on the tower,

RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to execute the addendum to the current lease agreement between Montgomery County and Crown Atlantic Company, LCC of Canonsburg, Pennsylvania.

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Sweet, to add FURTHER RESOLVED, at an amount not to exceed $1200 per month.,  passed with Aye(8). Legislator Pepe was absent.(2/28/2017)

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/28/2017)

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