Chairman John M. Duchessi has called a meeting of the Education/Government Committee for 6:25 p.m. on March 21, 2017 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York. Items on the agenda, at this time, are as follows:

1. DISCUSSION

A. Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

2.  RESOLUTION APPROVING SALE OF LAND AT FMCC TO FULMONT COLLEGE ASSOCIATION AND APPROVING NEW FMCC LANDSCAPING CAPITAL PROJECT

3.  RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW D (LOCAL LAW 4) AUTHORIZING THE COUNTY OF MONTGOMERY TO SELL LANDS OWNED BY THE COUNTY OF FULTON AND COUNTY OF MONTGOMERY, AS JOINT TENANTS IN TRUST FOR THE USES AND PURPOSES OF THE FULTON-MONTGOMERY COMMUNITY COLLEGE, TO CONSTRUCT A HOUSING ACCOMMODATION FOR THE STUDENTS ATTENDING FULTON-MONTGOMERY COMMUNITY COLLEGE (FMCC)

4.  RESOLUTION APPOINTING LIAISON - FULTON MONTGOMERY REGIONAL CHAMBER OF COMMERCE (COUNTY LEGISLATURE)

5.  RESOLUTION CONFIRMING THE APPOINTMENT OF THE DEMOCRATIC ELECTION COMMISSIONER (COUNTY LEGISLATURE)

6.  RESOLUTION MEMORIALIZING NEW YORK STATE TO ENACT LEGISLATION TO CREATE TRANSPORTATION NETWORK COMPANIES (A.6090/S.4280.A), AND SUPPORTING THE USE OF SUCH COMPANIES WITHIN MONTGOMERY COUNTY

7.  RESOLUTION REQUESTING THE STATE DEPARTMENT OF TAXATION AND FINANCE TO AUTHORIZE INCREASE IN AMOUNT OF MORTGAGE TAX COLLECTIONS RETAINED BY COUNTY CLERK FOR ADMINISTRATION PURPOSES

8.  RESOLUTION RECOGNIZING MARCH AS WOMEN'S HISTORY MONTH (COUNTY LEGISLATURE)

9.  OTHER

RESOLUTION NO. 81 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, FMCC and the Fulmont College Association (FCA) have requested that Fulton and Montgomery Counties approve the sale of 8+/- acres of land to FCA for $32,000 to be used to develop new Student Housing, and

WHEREAS, historically, payments from the sale of land at FMCC would be distributed as follows:

 ;and

WHEREAS, SUNY recently advised FMCC that the NYS Division of Budget (DOB) has established a new procedure regarding how the payments from the sale of these lands must be utilized, and

WHEREAS, New York State Division of Budget now requires that these payments must be directed to a separate and distinct future Capital Project not tied to any current project. The project may include critical maintenance, infrastructure/site work, or another activity deemed as a legitimate capital expenditure within Community College Capital Program guidelines, and

WHEREAS, a completed Project Action Form (PAF) outlining the proposed project must be submitted by FMCC to SUNY along with Sponsor resolutions providing approval of the project, its value, an acknowledgment that 100% of the costs will be paid locally, and the source of those funds, and

WHEREAS, after completion of project activities, FMCC must file an attestation stating that $32,000 was expended without State reimbursement. The attestation will include all project records and a copy must be sent to the DOB, and

WHEREAS, FMCC recommends that this $32,000, which includes $16,000 in SUNY funds and $8,000 each from Fulton and Montgomery Counties, be allocated to a new FMCC Landscaping Capital Project.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby approves having the $32,000 payment from the sale of 8 +/- acres of land to FCA, which includes Montgomery County’s $8,000 share, be directed into a new FMCC Landscaping Capital Project; and

FURTHER RESOLVED, that the FCA/FMCC shall issue the $8,000 payment to Montgomery County and upon receipt of these funds, they shall be placed in an FMCC Landscaping Project Account; and

FURTHER RESOLVED, FMCC shall undertake and complete the Landscaping Project and, upon completion of the project, invoice Montgomery County for the $8,000; and 

FURTHER RESOLVED, at the completion of the Landscaping Project, FMCC shall submit to Montgomery County an attestation stating that the $32,000 was expended on the Landscaping Project along with all project records.

MOTION TO TABLE by Legislator Purtell, seconded by Legislator Headwell, Jr., passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 83 of 2017 DATED: March 28, 2017 RECOMMENDATION:

Be it enacted by the Montgomery County Legislature:

Section 1. That the purpose of this Local Law is to authorize the Montgomery County Legislature (MONTGOMERY) to sell lands owned by the County of Fulton and the County of Montgomery, as “Joint-Tenants in Trust for the Uses and Purposes of the Fulton-Montgomery Community College (COUNTIES)” to the Fulmont College Association for the sum of $32,000.00, with the purpose of constructing housing accommodations for students attending Fulton-Montgomery Community College (COLLEGE).

Section 2. The lands proposed to be sold are herein described as follows:

All of that tract or parcel of land situate in the Town of Amsterdam, County of Montgomery and State of New York being more particularly described as follows:

Beginning at the intersection of the northerly line of State Route 67 and the southwesterly line of County Road 24, running thence along the northerly line of State Route 67 N77°37'15"W 574.04' to a concrete highway monument, and N75°59'15"WW 148.41' to an iron rod set, thence through the lands of Fulton Montgomery County Community College and along the line between the Town of Amsterdam on the east and the Town of Mohawk on the west, N05°51'28"W 687.43' to an iron rod set in a stone wall and hedgerow, thence along the hedgerow N42°51'56"E 167.67' to an iron rod set in the southwesterly line of County Road 24, thence along the southwesterly line of County Road 24 S36°05'21"E 1084.50' and S13°48'21"E 92.00' to the point of beginning, containing 8.062 acres.

Section 3. The lands proposed to be sold herein shall be used as and for the construction of a housing accommodation for the students attending the Fulton-Montgomery Community College.

Section 4. It is hereby granted and affirmed by MONTGOMERY that the aforementioned lands owned by County of Fulton and Montgomery are not being used by the general public and are not required to be used for county purposes.

Section 5. The lands proposed by the counties to be sold are not needed for the educational purposes of the Fulton Montgomery Community College.

Section 6. Notwithstanding the provisions of Section 215 of the County Law of the State of New York, the lands described in Section 2 herein may be sold to the ASSOCIATION without advertising or competitive bidding upon such terms and conditions as may be determined by resolution of MONTGOMERY acting in conjunction with County of Fulton.

Section 7. To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York, it shall supersede that section of that law.

Section 8. This local law is subject to and conditioned upon the adoption by County of Fulton of a similar local law or other legislative expression consenting to the sale of the lands described herein.

Section 9. If any clause, sentence, paragraph, section or article of this local law be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined in its clause, sentence, paragraph, section or article declared to be invalid.

Section 10. This local law is subject to a permissive referendum and shall become effective in the Office of the Secretary of State and as otherwise provided by Section 24 of the Municipal Home Rule Law.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 84 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature has been asked by the Fulton Montgomery Regional Chamber of Commerce to appoint a Montgomery County Legislator as a liaison regarding Chamber matters;

RESOLVED, the Montgomery County Legislature hereby appoints Legislator Robert Purtell as the Fulton Montgomery County Regional Chamber of Commerce liaison for the term ending December 31, 2019.

RESOLUTION VOTE, passed with Aye(7). Legislator Purtell abstained. Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 85 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the current Democratic Election Commissioner position has been vacanted; and

WHEREAS, the Clerk of the Legislature has received a recommendation from the Democratic party to fill the unexpired term ending December 31, 2018 with Terry A. Bieniek; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of the appointment.

RESOLVED, the Montgomery County Legislature hereby confirms the appointment of Terry A. Bieniek as Democratic Election Commissioner of 625 McKay Road, Amsterdam, New York, as Democratic Election Commissioner of the Montgomery County Board of Elections effective July 1, 2017, with a term ending December 31, 2018.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 86 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, legislation is pending before the New York State Legislature (A.6090/S.4280-A), amending the Vehicle and Traffic Law to allow for the creation of "transportation network companies:, through which drivers would be allowed to use personal vehicles for the purposes of transporting customers with arrangements made in advance and online, and that amends the Insurance Law to allow for policies covering this type of service, and that the companies would be required to be registered, have insurance, and conduct criminal backgound checks for its drivers; and

WHEREAS, this Montgomery County Legislature finds that the residents of Montgomery County would benefit from the enactment of such legislation in that it provides flexible job opportunities and a modern means of transportation for visitors, spurring economic development and growth; now, therefore be it

RESOLVED, that the Montgomery County Legislature hereby memorializes its support for the enactment of legislation that would allow for transportation network companies to be established and operated within Montgomery County (A.6090/S.4280-A); and be it further

RESOLVED, that the Clerk of the Legislature is hereby directed to cause a copy of this resolution to be transmitted to the Governor and the state legislators representing Montgomery County.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 87 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Real Property Tax Law provides for the retention of a portion of the mortgage tax collections by the County Clerk to offset administrative costs in processing such transactions; and

WHEREAS, the amount of said retention has been set at $34,404.96 annually, as was established by Resolution No. 59 of 1993; and

WHEREAS, it is recommended that the amount of mortgage tax receipts retained by the County Clerk be increased.

RESOLVED, that the County Legislature hereby requests that the State Department of Taxation and Finance approve the amount of $100,000.00 as the new annual amount retained by the Montgomery County Clerk, of mortgage tax monies collected by said County Clerk; and

FURTHER RESOLVED, that two certified copies of this Resolution be forwarded to the State Tax Commission pursuant to its rules and regulations.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 88 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, March is “Women's History Month” as declared both by the State of New York and also by the Congress of the United States of America; and

WHEREAS, the Montgomery County Legislature does hereby officially recognize the unique and important contributions that women have made to New York State, its counties, and the United States at large; and

WHEREAS, New York’s counties are served by many women who work together to improve the representation and participation of women in all areas of government and provide a network of support for women in local government; and

WHEREAS, today many women hold various leadership positions in Montgomry County, bringing the diverse experiences of women into county issues and public policy.

NOW THEREFORE, BE IT RESOLVED, that the Montgomery County Legislature resolves to observe March 2017 as “Women's History Month” and to thereby honor the women of Montgomery County past and present; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature further recognizes March as “Women's History Month” and commends the efforts that women leaders have on our society as a whole.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (3/28/2017)

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