Chairman John M. Duchessi has called a meeting of the Education/Government Committee for 6:15 p.m. on April 11, 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 AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, PC FOR SCHEMATIC DESIGN WORK ON FMCC CLASSROOM BUILDING LABS AND BATHROOMS RENOVATION PROJECT (FMCC)

3.  RESOLUTION PROCLAIMING APRIL 2017 AS "ORGAN AND TISSUE DONATION AWARENESS MONTH" IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)

4.  RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2017) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN H-F-M BOCES AND FULTON AND MONTGOMERY COUNTIES TO FACILITATE A SOLAR PHOTOVOLTAIC SYSTEM POWER PURCHASE AGREEMENT PROJECT TO BENEFIT H-F-M BOCES

5.  OTHER

RESOLUTION NO. 108 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, in 2016, FMCC requested from Fulton and Montgomery Counties a 2017 capital appropriation of $100,000 to prepare schematic design plans, cost estimates and project phasing and $1.0 million capital appropriations in both 2018 and 2019 to prepare final design plans and bid specifications and construct the Classroom Building Labs and Bathrooms Renovation Project; and

WHEREAS, the Classroom Building Labs and Bathrooms Renovation Project is projected to cost $2.5 million, and due to the size and complexity of the construction work involved, it is anticipated that the construction work will take 2-3 construction years to complete; and 

WHEREAS, FMCC developed a scope of work for the schematic design work and sent it to JMZ Architects and Planners, PC to use to prepare a cost proposal; and

WHEREAS, JMZ has submitted a proposal to perform the schematic design work for a total fee of $95,500.

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed to execute an Agreement with JMZ Architects and Planners, PC in the amount of $95,500 to prepare schematic design plans, cost estimates and phasing plans for the FMCC Classroom Buildings Labs and Bathrooms Renovation Project.

MOTION TO TABLE by Legislator Sweet, seconded by Legislator Wilson, passed with Aye(8). Legislator Duchessi was absent. (4/25/2017)

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 107 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, through Montgomery County's membership with the New York State Association of Counties (NYSAC) and New York State Association of County Clerks (NYSACC) New York's Counties have come together to collectively support Organ and Tissue Donation Month in New York State; and

WHEREAS, currently, nearly 124,000 men, women and children are awaiting organ transplants in the United States; and

WHEREAS, organ, tissue, marrow and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and

WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancrease and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to 50 others; and a single blood donation can help three people in need; and

WHEREAS, in New York State there are approximately 10,000 people waiting for an organ transplant which represents the third highest need in the nation; and there is an estimated 500 New Yorkers that die every year while waiting for an organ transplant; and

WHEREAS, New York State's County governments play a key role in raising awareness of the need for organ and tissue donation through the interactions County officials have with the public with regard to this subject through local DMV offices, local board of elections, departments of health, naturalization ceremonies and veterans' programs; and

WHEREAS, such interactions by Montgomery County officials with the public provide opportunities for the provision of information on how individuals can help their fellow New Yorkers by signing up as organ and tissue donors; and

WHEREAS, Counties across New York State are proclaiming the month of April 2017 as "Organ and Tissue Donation Month", and engaging in various activities designed to promote an increase in the number of registered organ and tissue donations; and

WHEREAS, one activity that the New York Alliance for Donation has encouraged counties to undertake in order to raise awareness of the need for organ and tissue donations is to raise the "Donate Life Flag" at their county municipal offices; and

WHEREAS, the Montgomery County Legislature and the Montgomery County Clerk's Office, through its Department of Motor Vehicles, wish to promote the molnth of April 2017 as "Organ and Tissue Donation Awareness Month" in Montgomery County.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby proclaims the molnth of April 2017 as "Organ and Tissue Donation Awareness Month" in Montgomery County, and encourages those Montgomery County departments and agencies involved in providing information on organ and tissue donations or in registering organ and tissue donors to engage in activities throughout the month to increase the number of organ and tissue donors and promote awareness of the need for organ and tissue donations in Montgmery Cunty; and

BE IT FURTHER RESOLVED, that the Montgomery County Department of Public Works is directed to raise the "Donate Life Flag" at the Montgomery County Office Building, 64 Broadway, Fonda, NY for the month of April 2017 as means to raise awareness of the need for organ and tissue donors in Montgomery County.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (4/25/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 109 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, H-F-M BOCES, a division of NYS government, leases property on the campus of Fulton-Montgomery Community College from owners Fulton County and Montgomery County; and

WHEREAS, said lease agreement is a special arrangement that was authorized via previous special legislation by the NYS Legislature in 2004, that involved the two Sponsor Counties of Fulton and Montgomery leasing said portion of the College property to the Montgomery County IDA; and

WHEREAS, within the aforementioned special arrangement, the Montgomery County IDA sublets the same parcel to H-F-M BOCES for its vocational-technical training facility and administrative offices; the term of said sub-lease being January 2, 2005 through January 11, 2034; and

WHEREAS, the Montgomery County IDA then assigned this sub-lease to the Montgomery County Capital Resource Corporation; and

WHEREAS, H-F-M BOCES wishes to undertake a “Solar Photovoltaic System Power Purchase Agreement” and associated ground lease with WGL Energy Systems (Aka Dynamic Energy) of Delaware to facilitate energy cost savings for its facility; and

WHEREAS, review by both the Fulton and Montgomery County Attorneys has determined that the solar array ground lease cannot extend beyond the existing leases that allow H-F-M BOCES to occupy College property jointly owned by the two Sponsor Counties; and

WHEREAS, H-F-M BOCES officials have requested to lease said parcel from the Counties for three (3) years beyond the end of the current leases in 2034 to facilitate said Photovoltaic System Power Purchase Agreement and associated 20-year ground lease with WGL Energy Systems, Inc. (aka Dynamic Energy); now, therefore be it

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law E (Local Law 5) of 2017 hereby is submitted to the Legislature of the County of Montgomery for consideration:

LOCAL LAW 5 OF 2017 - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN H-F-M BOCES AND FULTON AND MONTGOMERY COUNTIES

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1. The purpose of this local law is to authorize the Montgomery County Executive to enter into a lease with H-F-M BOCES for a portion of the lands jointly held by the counties of Fulton and Montgomery as “Joint-Tenants in Trust for the Uses and Purposes of the Fulton-Montgomery Community College.”

SECTION 2.   That the lands to be leased are bounded and described as follows:

Tract 1:

FIRST PARCEL: All that tract or parcel of land situate partly in the town of Johnstown, County of Fulton and State of New York, partly in the Town of Mohawk and a small corner in northeast corner of the tmct in the Town of Amsterdam, County ofMontgomery, State ofNew York, bounded and described as follows: Commencing at a point in the northerly line of New York State Highway Route 67, which said point is the southeast corner oflands recently of Donald B. Bellinger and Ruth Fox Bellinger, his wife, conveyed by deed bearing even date herewith to William A. Opalka and Stella A. Opalka, his wife, and running thence N 33'E 290.48 +/-feet, along said lands of Opalka; thence N 29' 30' W 716.76 +/-feet along said lands of Opalka; thence N 50' 30' E

1834.8 +/-feet to Fulton County Highway No. 142, formerly called the road from Lutheran Church to Hales Mills or Gloversville, and also commonly known as the Farm·to Market Highway; running thence along the westerly boundary of said County Highway S 22' 06' E 729.4 +/-feet; thence continuing S 18' 57' E 200.3 +/-feet; thence S 22'06' E 351.3 +/-feet; thence S 35'50' E 46.3 +/­ feet; thence 22'06' E 1221.7 +/-feet to the northwest comer of lands now owned by Francis and Florence Hall; running thence southerly or southwesterly along the westerly line of said lands of Hall 920 +/-feet to the northerly line of New York State Highway Route No. 67; thence along the northerly line of said State Highway N 59'15' W 1934.5 +/-feet to the point and placeofbeginning.

SECOND PARCEL; All that certain tmct or parcel of land situate partly in the Town of Johnstown, County of Fulton and State ofNew York, and partly in the Town ofMohawk, County of Montgomery and State ofNew York, bounded and described as follows: Commencing at a point on the northerly line of New York State Highway Route No. 67, which said point is the southeast comer of lands now of one Marotta, and running thence along the northerly line of said State Highway 5 59' IS' E I252 +/-feet, to the southwest comer of a tract ofland conveyed by deed of this date by Donald B. Bellinger and Ruth Fox Bellinger, his wife, to William A. and Stella A. Opalka; running thence northerly along the westerly line of said parcel ofland now of Opalka 1200

+/-feet to an iron pipe marking the northwest comer of said lands ofOpalka; running thence easterly or northeasterly along the northerly line of said lands of Opalka 624 +/-feet to an iron pipe in the westerly boundary line of other lands of Paul and Lulu Mae Duffek; running thence northeasterly along the westerly line of said other lands of Duffek 1173' +/-to an iron pipe driven in the ground on the westerly boundary of Fulton County Road No. 142, commonly known as the Farm to Market Road, and formerly known as the road leading from the Luthemn Church to Hale's Mills or Gloversville, at the northwest corner of said other lands of Duffek; running thence N 22' 06' W

918.1 +/-feet, along the westerly line of said Fulton County Road, and thence continuing along the same N 21' 40' W 269.5 +/-feet to the easterly line of lands now or lately owned by Charles M. Putman; thence S 56' 08' W 3439.8 +/-feet along the easterly lines of lands now or formerly of Putman, Amidon, Leslie and Marotta, to the northerly line of State Highway Route 67, and the point and place of beginning.

EXCEPTING from the parcel secondly described above a strip of land across the northwesterly portion thereof conveyed by Lyman J. Fox and wife to New York Power and Light

SECTION 3.  That the lands to be leased pursuant to the provisions of this law shall be used by H-F-M BOCES for elementary/secondary educational purposes.

SECTION 4.  That the lands described in Section 2 are not being used by the general public and may not be used for ordinary county purposes nor are needed for the general educational purposes of Fulton-Montgomery Community College.

SECTION 5. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law by the enactment of a similar law by the County of Fulton.

SECTION 6.  That the lands described in Section 2 may be leased to H-F-M BOCES without advertising or competitive bidding.

SECTION 7.  That annual rent payments by H-F-M BOCES to the two counties and equally shared during the 3-year lease shall be as follows:

            Due January 12, 2034:            $270,232.00

            Due January 12, 2035:            $270,232.00

            Due January 12, 2036:            $270,232.00   

SECTION 8.  That the County Executive be, and hereby is, authorized to sign a lease between H-F-M BOCES and Fulton County and Montgomery County to facilitate a “Solar Photovoltaic System Power Purchase Agreement” Project at H-F-M BOCES’ facility, for the term January 12, 2034 through January 11, 2037.

SECTION 9.  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.

SECTION 10.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

SECTION 11.  This Local Law shall take effect after approval is received from the Commissioner of Education, and when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (4/25/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 110 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, New York State, through the Department of State, has initiated the Municipal Consolidation and Efficiency Competition (MCEC),a program designed to support counties and other local governments to pursue opportunities for consolidation, shared services and local government modernization that reduce the property tax burdens; and

WHEREAS, Montgomery County, as the lead applicant and in conjunction with the 21 constituent municipalities that form the County, submitted a Phase II Intent To Propose document; and

WHEREAS, Montgomery County was among six entities (local government consortia) designated to develop a Phase II Municipal Consolidation and Efficiency Plan (MCEP) and was awarded $50,000 in grant funding to develop the MCEP, and

WHEREAS, the entity that submits the most compelling MCEP will be awarded $20 million in funding to implement that plan; and

WHEREAS, the remaining local government consortia not receiving the $20 million award will receive technical assistance and other source funding from the Department of State and other State agencies that will support the implementation of their plans; and

WHEREAS, Montgomery County and the elected leaders of the municipalities within the County have demonstrated the willingness and capacity to develop an especially competitive MCEP; and

WHEREAS, significant not-County resources are being leveraged to support the development of the MCEP, including, but not limited to a $50,000 state grant to engage the internationally prominent Maxwell School of Citizenship and Public affairs at Syracuse University as a research partner, an in-kind contribution valued at $15,000 by the Lacey, Thaler, Reilly, Wilson Architecture and Preservation Firm to develop schematics and renderings for a joint Municipal Center; and the selection of Montgomery County’s MCEP as a full-time, month-long Capstone project for MPA students at the Maxwell School whose participants will contribute an estimated $40,000 in in-kind technical and analytical services; and

WHEREAS, the formulation of the most compelling and competitive MCEP requires that Montgomery County engage the participation of other specialized consultants to address issues that include the utilization of technology to drive organizational change and efficiency, consensus-building among all the municipal partners and public messaging; and

WHEREAS, it is anticipated that the engagement of additional specialized consulting services will require $20,000 of investment above and beyond those services will be grant-funded or contributed; and

WHEREAS, in Spring 2016 the Montgomery County Legislature approved the purchase of an electronic content management system (Laserfiche) as a way to improve government efficiency and preserve critical information in the event of a disaster in part using a $144,886 grant; and

WHEREAS, to begin implementation of this process it is necessary to back-file import processing into Laserfiche; and

WHEREAS, in the future this will be done in house but to begin the process $16,000 is needed to pay Laserfiche to do this additional task; and

WHEREAS, the Exit 29 project has leveraged over $1,000,000 in grants but some additional funds will be needed to offset additional costs.

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. (4/25/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: