RESOLUTION NO. 61 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, by Resolution 54 of 2016, the Montgomery County Legislature authorized the replacement of the Fort Hunter Road Bridge in Montgomery county; and

WHEREAS, an RFP was issued for the replacement of the Fort Hunter Road Bridge and responses were received;

WHEREAS, the Commissioner of Public Works has recommended that a contract be awarded to the lowest responsible, responsive bidder for such replacement.

RESOLVED, that the Montgomery County Legislature hereby awards a contract to Tioga Construction, Inc., of Herkimer, New York, for bridge replacement as follows:

                     Fort Hunter Road Bridge on County Route 145, B.I.N. 3309690 in the Town of Florida

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign a contract with Tioga Construction, Inc., of Herkimer, New York; and

FURTHER RESOLVED, the contract shall state that the contractor shall complete the project within one hundred and fifty (150) calendar days; and

FURTHER RESOLVED, that said contract shall provide for payment in an amount not to exceed $1,014,048.50.

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

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RESOLUTION NO. 62 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Department of Public Works currently has a vacant Director of Automotive position at a salary of $50,075 (Non-Bargaining Grade O); and

WHEREAS, the Department of Public Works currently has a position of Public Works Stores Helper II position at a salary of $36,378 (Bargaining Unit Grade F); and

WHEREAS, the Commissioner of Public Works has reviewed the required workload and determined that a Supervising Auto Mechanic (Bargaining unit- grade J) and a Senior Public Works Storekeeper (Bargaining Unit Grade H) would better fit the needs of the department; and

WHEREAS, this change would not financially impact the Department of Public Works, and would, in fact, save the department $4,483.00 in base salary.

RESOLVED, the Montgomery County Legislature hereby eliminates the Director of Automotive position and the Public Works Stores Helper II position, and

FURTHER RESOLVED, the Montgomery County Legislature establishes the position of Supervising Automotive Mechanic at a Grade Level J with a base salary of $41,097.00; and establishes a position of Senior Public Works Storekeeper at a Grade Level H with a salary of $40,873. 

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

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

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RESOLUTION NO. 63 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, an agreement and release has been negotiated with the New York Environmental Protection and Spill Compensation Fund regarding all past and future Navigation Law liability the County would incur if it acquired Tax Map Parcel Number 63.14-1-9.1  through foreclosure. 

RESOLVED, that the Montgomery County Executive is authorized to enter into an Agreement and Release with the New York Environmental Protection and Spill Compensation Fund for an amount not to exceed $5,000.00.

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

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RESOLUTION NO. 64 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, it is necessary to set a course of action for asbestos waste disposal services for Montgomery County; and

WHEREAS,  the Department of Public Works has worrked out an agreement with Fulton County for disposal of asbestos waste from Montgomery County-owned properties; and

WHEREAS, it has been determined that cooperative action with Fulton County will be of economic benefit to both municipalities.

RESOLVED, that the Montgomery County Legislature hereby authorizes the Montgomery County Executive,upon review and approval of the County Attorney, to enter into an inter-municipal agreement for asbestos waste disposal services with the County of Fulton, for a term ending on December 31, 2017 with one year renewals at the same terms. 

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

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RESOLUTION NO. 65 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, New York State Office of Children and Family Services (OCFS) requires counties to enter into contract with state approved child care facilities that provide services to our foster care, and/or behavioral children of the county; and

WHEREAS, these facilities are regulated by OCFS, and the per diem rates for these facilities are also established by OCFS; and

RESOLVED, the facilities that are used in Montgomery County are as follows:

• Astor Services for Children & Families
• Berkshire Farm Center
• Cayuga Home for Children
• Children's Home of Kingston
• Children's Home of Jefferson County
• Children's Home of Wyoming Conference
• Community Maternity Services
• Donovan House
• Elmcrest Children's Center
• Hillside Family of Agencies
• House of the Good Shepherd
• Kaydeross Group Home
• LaSalle School
• Mountain Lake Children's Residence
• Northeast Parent & Child Society
• Parson's Child & Family Center
• St. Anne's Institute
• St. Catherine's
• The Charlton School
• The William George Agency
• Vanderheyden Hall

FURTHER RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to sign, and execute prospective contract documents for a term of June 1, 2017 to May 31, 2018 entered into between the County and OCFS-approved agencies providing services to county children in need of foster care and/or behavioral services.

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

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RESOLUTION NO. 66 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Berkshire Farm Center and Services for Youth Stepping Stones provides intensive prevention programs to reduce the need to place youth in detention or out-of-home placements; and

WHEREAS, Berkshire Farm Center and Services for Youth Stepping Stones reduces admissions thus reducing the County’s detention costs; and

WHEREAS, Berkshire Farm Center and Services for Youth Stepping Stones reduces the number of Person In Need of Supervision (PINS) petitions being filed and place.

RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to sign, and execute prospective contract documents entered into between the County and Berkshire Farm Center (Stepping Stones) for the period of January 1, 2017 through December 31, 2017 not to exceed $170,675 without Legislative approval.

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

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RESOLUTION NO. 67 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, NYS Education law section 4410 3-5 Preschool mandates that the county pay local school district Committee on Preschool Special Education (CPSE) Administrative costs in excess of Federal/State funding; and

WHEREAS, such costs are approved by the NYS Education Department on an annual basis and funding for said costs is included in the adopted 2017 Public Health budget; and

WHEREAS, the actual cost of 2014-15 CPSE Excess Administrative expenses payable in 2017 exceeds the current 2017 budgeted appropriations.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2017 Operating Budget as follows:

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

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RESOLUTION NO. 68 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services has identified Lexis Nexis as an opportunity to help in locating clients, determine fraud and assist in resource recovery; and

WHEREAS, the Department wishes to renew said contract with Lexis Nexis; and

WHEREAS, in order to increase revenue recovery efforts at the Department of Social Services using Accurint Software, the County Executive is authorized, upon review and approval by the County Attorney, to enter into a five-year contract with Lexis-Nexis for the purchase of Accurint® for Government Services for two users at the cost of $173 per month.

RESOLVED, the County Executive is authorized to sign a contract with Lexis Nexis upon review and approval of the County Attorney for a period of five years for two users at a cost of $173 per month.

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

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RESOLUTION NO. 69 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Governor Cuomo signed Executive Order 131 on April 9, 2014 to establish the Commisssion on Youth, Public Safety and Justice instructing the Commission to develop a concrete plan to raise the age of criminal responsibility in New York State and make specific recommendations on how the Juvenile and Criminal Justice systems can better serve youth, improve outcomes and protect communities; and

WHEREAS, the Commission completed its report on December 31, 2014 recommending raising the age of criminal responsibility from 16 to 18 over a two year period to be completed in a phased in approach; and

WHEREAS, the New York State Division of Criminal Justice statistics revealed that the number of arrests among 16 and 17 year olds statewide in calendar year 2015 was 27,281 and that under the proposed change these youth will now be shifted from the Criminal Courts to local Probation Departments for Intake and Diversion services; and

WHEREAS, the Governor's proposal recommends that the violation level offenses of Harassment 2nd degree and Disorderly Conduct shall also be diverted to Probation Departments for Intake and Adjustment services, thus adding substantially to the workload of Probation staff; and

WHEREAS, the Govenor's proposal recommends Probation Departments provide a continuum of Diversion services that range from minimal intervention for low risk youth and evidence based service for high risk youth, and

WHEREAS, Probation Departments will not be able to absorb the influx of youth requiring Intake and Diversion services at current staffing levels and will require addtional staff to perform these duties, and

WHEREAS, this added burden to County Probation Departments comes as the State share of probation costs has decreased from 46.5% in 1990 to 9% in 2016; and

WHEREAS, additional County Departments and agencies may be similarly affected by the increase in the age of criminal responsibility in areas that range from Juvenile Detention to community support services and do not have alternative sources of income to support the cost of addtional responsibilities and services; and

WHEREAS, Counties cannot absorb the financial cost associated with raising the age without 100% funding of the addtional staff and services required by the Governor's proposal, and

WHEREAS, the funding proposal stipulates that only counties who do not exceed the 2% tax cap and can demonstrate to the Division of Budget that funding related services is a fiscal hardship may apply for a waiver of the local share requirement of an expense otherwise incurred.

RESOLVED, that the Montgomery County Board of Legislators insists that the State Legislature enact legislation that fully, permanently and unambiguously obligates the State to pay for 100% of all new costs incurred by Probation Departments and other County Departments and agencies affected by raising the age of criminal responsibility; and

FURTHER RESOLVED, that language be included to set aside designated funds from which Counties can draw, eliminateing the need for Counties to exceed their 2% tax cap; and

FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Andrew Cuomo, the Senate Majority and Minority Leaders, the Assembly Majority and Minority Leaders, Senator Amedore and Assemblyman Santabarbara, County Legislative Chairs, and NYSAC.

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

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RESOLUTION NO. 70 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Executive Director of Youth, ATI & Veterans' Services has recommended that Montgomery County continue to transport Fulton County veterans to and from the VA Medical Center in Albany, N.Y.; and

WHEREAS, municipal corporations have the power to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis; and

WHEREAS, the proposed agreement would benefit both Montgomery County and Fulton County.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign a renewal agreement for the transportation of Fulton County veterans to and from the VA Medical Center in Albany, N.Y. ; and

FURTHER RESOLVED, that said Agreement shall be for a one-year period beginning on January 1, 2017 and ending on December 31, 2017, and

FURTHER RESOLVED, that said Agreement shall provide for transportation of Fulton County veterans, depending upon availability of space, at a charge of $30.00 each way.

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

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RESOLUTION NO. 71 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Sheriff's Office owns, maintains and operates the only 24/7 Emergency 911 Dispatch Center in Montgomery County; and

WHEREAS, the Dispatchers operate at four consoles within the aforementioned space for the purpose of taking calls and dispatching response units on a 24/7 basis; and

WHEREAS, the chairs utilized by the aforementioned Dispatchers have become delapidated, worn and defective from continual usage; and

WHEREAS, the Undersheriff sees a need for replacement of four 24/7 chairs to continue the effective operaton of E911 Dispatch Center.

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

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

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RESOLUTION NO. 72 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Montgomery County received a 2016-2017 grant in the amount of $144,886 from the New York State Local Government Records Management Improvement Fund for a Shared Services project scanning records for the City of Amsterdam, Town of Amsterdam, Town of Florida, and Montgomery County for import into an electronic content management system, and 

WHEREAS, Resolutions 177 and 262 of 2016 authorized the County Executive to sign the agreements with New York State Industries for the Disabled, Inc. (NYSID) to digitize the aforementioned records and with General Code for the purchase of the Laserfiche software. 

RESOLVED, that the County Treasurer is hereby directed to amend the 2017 Operating Budget:

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

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RESOLUTION NO. 73 of 2017 DATED: March 28, 2017 RECOMMENDATION:

Be it enacted by the County of Montgomery as follows:

Section 1. 

This local law shall be known as the "Energize NY Benefit Financing Program," to read as follows:

ARTICLE 1

Section 1.  Legislative findings, intent and purpose, authority

A. It is the policy of both Montgomery County and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. Montgomery County finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of Montgomery County, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose.

B.  Montgomery County is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law.

C. This local law shall be known and may be cited as the “Energize NY Benefit Financing Program Law of Montgomery County”.

Section 2.  Definitions

For purposes of this chapter, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated:

Authority - The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities’ law, or its successor.

EIC - The Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of Montgomery County to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the

County tax collector as a charge to be levied on the real property and collected in the same manner and same form as the County taxes.

Energy Audit - A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property.

Energy Efficiency Improvement - Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather-stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property.

Qualified Property Owner - An owner of residential or commercial real property located within the boundaries of Montgomery County that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter.

Renewable Energy System - An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste.

Section 3.  Establishment of an Energize NY Benefit Financing Program

A. An Energize NY Benefit Financing Program is hereby established by Montgomery County, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements.

B.  The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements.

Section 4.  Procedures for eligibility

A.  Any property owner in Montgomery County may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and the County website.

B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of Montgomery County, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination.

C.  If a positive determination on an application is made by EIC acting on behalf of Montgomery County, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner.

Section 5.  Application criteria

A. Upon    the    submission      of    an    application,      EIC     acting     on    behalf     of Montgomery County, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing:

1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority;
2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments;
3. Sufficient funds are available to provide to the property owner;
4. The property owner is current in payments on any existing mortgage;
5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and
6. Such additional criteria, not inconsistent with the criteria set forth above, as Montgomery County, or EIC acting on its behalf, may set from time to time.

Section 6.  Opt-in, Energize Financial Agreement

A.  A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC acting on its behalf.

B.  Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of Montgomery County, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met.

C.  The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter.

Section 7, Energy Audit, renewable energy system feasibility study

A.  No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2.

B.  No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2.

C.  The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved.

Section 8.  Terms and conditions of repayment

The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of Montgomery County, shall set forth the terms and conditions of repayment in accordance with the following:

A.  The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on their real property tax bill and shall be levied and collected at the same time and in the same manner as County property taxes, provided that such charge shall be separately listed on the tax bill. Montgomery County, shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the County real property tax due date.

B.  The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of Montgomery County.

C.  The rate of interest for the charge shall be fixed by EIC acting on behalf of Montgomery County at the time the Energize Finance Agreement is executed by the property owner and EIC.

D.  The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon.

Section 9. Verification Report

A.  EIC shall be responsible for verifying and reporting to Montgomery County on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program.

B.  Montgomery County shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish.

Section 10. Effective Date

This local law shall take effect upon the filing with the Secretary of State.

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

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RESOLUTION NO. 74 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Agricultural District No. 2 is required to undergo a review every eight years, pursuant to New York State Agricultural and Markets Law Article 25AA; and

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board is conducting an in-depth review of said District, with recommendations to modify said district; and

WHEREAS, the law requires the County Legislature to conduct a public hearing on the status of proposed modifications.

RESOLVED, that the Montgomery County Legislature hereby schedules a Public Hearing on Agricultural District No.2, to be held at 6:55 p.m., Tuesday, April 25, 2017 in the Chambers of the County Legislature, County Office Building, Fonda, New York, and

FURTHER RESOLVED, the Clerk of the County Legislature hereby is directed to cause legal notice of said Public Hearing to be published according to law, and

FURTHER RESOLVED, that written notice shall be given to those municipalities whose territories encompass the district and any proposed modifications, and to persons, as listed on the most recent assessment roll, whose land is the subject of a proposed modification, and to the Commissioner of Agriculture and Markets.

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

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RESOLUTION NO. 75 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Montgomery County was awarded and accepted the Montgomery County Bike Trail Restoration Grant from the New York State Canal Corporation through the Consolidated Funding Application (CFA) for projects that would further the goals and objectives of the NYS Canal Recreationway Plan and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Resolution 94 of 2016 authorized the Montgomery County Department of Economic Development & Planning and the Department of Public Works to administer said application on behalf of Montgomery County to complete the project, and

WHEREAS, to date, said funds for program were included in the 2016 Operating Budget, however were not yet received or expended as of December 31, 2016, and

WHEREAS, it is necessary to carry forward said funding in the 2017 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget to receive and provide for grant funding to allow for completion of the 2016 “NYS Canal Corporation - Bike Trail Restoration Grant”. 

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

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RESOLUTION NO. 76 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Resolution 178 of 2014 authorized the County Executive to submit an application to enter in any contracts associated with receipt of the Agriculture and Farmland Protection Plan Grant funding in which Montgomery County was award and said funds were included in the 2016 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning administered said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely yet received or expended as of December 31, 2016; and

WHEREAS, it is necessary to carry forward said funding in the 2017 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget to receive and provide for grant funding to allow for completion of the 2014 “NYS Department of Agriculture and Markets - Agriculture and Farmland Protection Grant”. 

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

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RESOLUTION NO. 77 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, Montgomery County was awarded and accepted the Montgomery County Rural Economic Development (RBEG) Program Grant from the US Department of Agriculture (USDA) that would be used to further economic development activities through the undertaking of a feasibility study relative to the potential creation of a Culinary Business Incubator on the Southside of the City of Amsterdam; and

 WHEREAS, Resolution 29 of 2016 authorized the County Executive to issue an RFP and engage in a professional services firm to undertake a feasibility study and said funds were included in the 2016 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning administered said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely  received or expended as of December 31, 2016; and

WHEREAS, it is necessary to carry forward said funding in the 2017 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget to receive and provide for grant funding to allow for completion of the 2016 “Rural Economic Development Grant (RBEG) Program Grant”. 

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

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RESOLUTION NO. 78 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, a vacancy exists on the Montgomery County Industrial Development Agency Board of Directors,

WHEREAS, the County Executive and the Director of Economic Development/Planning recommend filling the vacancy with Mark Kowlczyk, 7 Van Dyke Avenue, Amsterdam, NY 12010.

RESOLVED, that the Montgomery County Legislature hereby appoints Mark Kowlczyk as a member of the Montgomery County Industrial Development Agency Board of Directors.

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

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RESOLUTION NO. 79 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the County has been notified by New York State Department of Transportation that it will receive $39,776.85, which is Montgomery County’s share of the balances that were distributed from the 2016/17 State Transit Operating Assistance; and

WHEREAS, said payment will be passed through to Brown’s Coach, the County’s third party provider for mass transportation; and

WHEREAS, the 2017 Operating Budget does not provide for the receipt or disbursement of said payment; and

WHEREAS, the funds have been received from the State.

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

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

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RESOLUTION NO. 80 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Mongomery County Legislature established a Non-Bargaining Personnel Policy by the adoption of Resolution 112 of 2015; and

WHEREAS, it has been recommended by the County Executive that additional revisions be made to the Non-Bargaining Personnel Policy; and

WHEREAS, the Non-Bargaining Personnel Policy for Full Time/ Part-Time Appointed & Department Heads with the  revisions has been distributed to all members of the Montgomery County Legislature for their review.

RESOLVED, that the Montgomery County Legislature hereby approves of and adopts the revised Non-Bargaining Personnel Policy and salary schedule for Non-Bargaining Personnel Policy for Full Time/Part-Time Appointed & Department Heads as attached hereto and made a part hereof.

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Duchessi was absent. (3/28/2017)

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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. 82 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature has adopted a non-bargaining policy which defines a salary schedule for all non-bargaining employees employed by Montgomery County, and

RESOLVED, that Local Law 3 of 2017 hereby is adopted and is incorporated as follows: “A LOCAL LAW ESTABLISHING SALARY SCHEDULE OF VARIOUS COUNTY OFFICIALS ”

Be it enacted by the Legislature of the County of Montgomery as follows: 

SECTION 1. Various County Officials are listed as follows:  

* Highest salary that may be reached during 2017, inclusive of changes in increments, longevity and other compensation.

SECTION 2.

This Local Law is subject to a permissive referendum, and will be submitted to a vote of qualified electors of the County of Montgomery, if, within 45 days after the date of which it was so adopted, there is filed with the Clerk of the Montgomery County Legislature a petition protesting against this Local Law, signed and authenticated as required by Section 24 of Municipal Home Rule Law, by qualified electors of Montgomery County registered to vote therein at the last preceding general election, in number equal to at least ten per centum of the total number of votes cast for Governor at the last gubernatorial election held in said County; and

FURTHER RESOLVED, that the Clerk of the Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

FURTHER RESOLVED, this resolution is contingent upon the passage of Resolution 80 of 2017.

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. 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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RESOLUTION NO. 89 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and

WHEREAS, the County of Montgomery, has examined and duly considered the applicable laws of the State of New York, and the County of Montgomery deems it to be in the public interest and benefit to file an application under these laws; and

WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, and the County of Montgomery be executed for such State Aid;

RESOLVED,  by the Legislature of the County of Montgomery,

1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized.

2. That the County Executive, or his/her designee is directed and authorized as the official representative of the County of Montgomery to act in connection with the application, to sign the resulting contract if said application is approved by the State of New York; and to provide such additional information as may be required.

3. That the County of Montgomery agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for share of such costs as indicated in the contract.

4. That two (2) Certified Copies of this Resolution be prepared and sent to the New York State Department of Environmental Conservation together with a complete application.

5. That this resolution shall take effect immediately.

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

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RESOLUTION NO. 90 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, 51 of 62 New York Counties are mandated by the State to operate a local Department of Motor Vehicles Office, and

WHEREAS, local DMV offices process many no fee transactions on behalf of the state and provide numerous customer services, and

WHEREAS, under current law, the Montgomery County Clerk pays 87.3% of all fees collected from the work performed by the County DMV to the New York State Motor Vehicles Department, and

WHEREAS, the remaining 12.7% county share has not been increased since 1999, yet the amount of work required by the County DMV office has increased in that same time period, and

WHEREAS, increasing the County DMV revenue sharing rate with the State will not result in any increased cost or fees to local residents or taxpayers and will provide counties with the needed revenue to continue to provided necessary local government services, and

WHEREAS, there is a clear inequity present when a county DMV provides all the services, including overhead and staffing to fulfill these DMV needs for state residents, yet the State is paid 87.3% of the revenue generated from said services, and

WHEREAS, Senate Bill S1908 and Assembly Bill A3397 provide a more equitable distribution of fees that would require 75% of all fees for in-office transactions to be forwarded to the State with the county retaining 25% of these fees, with the exception that the amount of county retention of the fee for Enhanced Driver’s Licenses would increase from 30% to 60% and the counties would retain 8% of the total fee for internet transactions processed for their perspective county residents, and

WHEREAS, counties recognize the important function of the State DMV in providing both support to counties and resident services; accordingly any loss the State DMV operational budget that occurs from increasing county revenue should be made whole through the State General Fund, NOW THEREFORE BE IT

RESOLVED, that the Montgomery County Legislature calls upon Governor Andrew M Cuomo and members of the State Legislature to pass and approve Senate Bill 1908 and Assembly Bill 3397, AND BE IT FURTHER

RESOLVED, that the Clerk of the Montgomery County Legislature forward copies of this resolution to Governor Andrew M Cuomo, the New York State Executive Deputy Commissioner of Motor Vehicles, and Montgomery County representatives of the New York State Legislature.

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

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RESOLUTION NO. 91 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator; and

WHEREAS, the Montgomery County Legislature appoints a member each month to fill the position of the additional Legislator on the Audit Committee; and

RESOLVED, Legislator Robert Headwell, Jr. is hereby appointed to serve on the Audit Committee for the months of March & April 2017.

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

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RESOLUTION NO. 92 of 2017 DATED: March 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 February 28, 2017 through March 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(8). Legislator Duchessi was absent. (3/28/2017)

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RESOLUTION NO. 93 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature encourages and supports tourism promotion within Montgomery County, and

WHEREAS, the Montgomery County Legislature must designate an official Tourism Promotion Agency in order to maximize funding available through different resources that would enhance and support Montgomery County's tourism program.

RESOLVED, the Fulton Montgomery Regional Chamber of Commerce is hereby designated the County's Official Tourism Promotion Agency for the period of one year commencing January 1, 2017, and

FURTHER RESOLVED, the Montgomery County Executive, upon review and approval of the County Attorney is authorized to enter into a contract with the Fulton Montgomery Regional Chamber of Commerce to engage them as the Tourism Promotion Agency for an amount not to exceed $55,000.00 and a term of one year commencing January 1, 2017.

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

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RESOLUTION NO. 94 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, on November 5, 2015 annexation petitions were filed by two (2) property owners in the Town of Mohawk, Montgomery County, to have their properties annexed into the City of Johnstown, Fulton County; and

WHEREAS, on December 8, 2016 the NYSDEC Commissioner designated the Town of Mohawk as the State Environmental Quality Review Act (SEQR) Lead Agency for said annexation; and

WHEREAS, on December 8, 2016 the Town of Mohawk Town Board approved the Final Scope for the Draft Environmental Impact Statement; and

WHEREAS, it has been proposed that the County of Fulton, County of Montgomery and City of Johnstown share costs for preparation of the Environmental Impact Statement required by SEQRA; and

WHEREAS, Resolution 170 of 2015 authorized the County Executive to enter into an Annexation Revenue Sharing Agreement with Fulton County that also incorporated a cost sharing clause between both Counties in relation to costs associated with said Annexation process; and

WHEREAS, after review of four (4) proposals received for said work it is recommended that Sterling Environmental Engineering, P.C. be selected at a cost not-to-exceed $100,000;

RESOLVED, that Montgomery County will fund said environmental work with Sterling Environmental for a cost not to exceed $33,334; and

FURTHER RESOLVED, that this Resolution be contingent upon the County of Fulton and the City of Johnstown agreeing to provide equal shares of the expense of said contract; and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign any documents associated with carrying out this resolution; and

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

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

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RESOLUTION NO. 95 of 2017 DATED: March 28, 2017 RECOMMENDATION:

WHEREAS, the Department of Public Works and Sheriff's Department have undergone a review and determined that certain equipment is surplus and no longer needed for public use; and

WHEREAS, an online auction is currently scheduled from April 13, 2017- April 28, 2017. 

RESOLVED, that the following items are authorized to be sold at auction to the highest bidder without further action needed by the Montgomery Legislature:

1993 I.H. Dump 4x2 with Tank

Two 1996 I.H. Dump 4x2's

1999 Chevy Truck with Dump

1999 Chevy Truck with Service Body

2001 I.H. truck with Dump 10 wheeler

1999 I.H. Truck with Dump 10 wheeler

Three 2006 Ford P/U Crew Cabs

2006 I.H. Stake Truck

2004 Ford 4 Door Taurus

2007 Dodge Caravan

FURTHER RESOLVED, that the County Executive is authorized to execute all documents related to the sale at auction of the above listed equipment without further action needed by the Montgomery County Legislature.

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

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