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)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 96 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, a vacancy exists on the Montgomery County Capital Resource Corporation; and

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

RESOLVED, that the Montgomery County Legislature in accordance with the Certificate of Incorporation of the Montgomery County Capital Resource Corporation hereby appoints Mark Kowalczyk residing at 7 Van Dyke Avenue, Amsterdam, NY 12010 to the Board of Director’s of the Montgomery County Capital Resource Corporation.

FURTHER RESOLVED, that said appointee shall serve at the pleasure of the Montgomery County Legislature.

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

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 97 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, Montgomery County is the local sponsor and administrator for the County’s Agricultural District’s 8-year reviews; and

WHEREAS, Montgomery County Agricultural District No. 2 is up for review and is due to Agriculture and Markets by May 22, 2017; and

WHEREAS, Montgomery County Agricultural District No. 2 encompasses roughly 48,000 acres with parcels existing in the Towns of Amsterdam, Mohawk, Palatine, and St. Johnsville; and

WHEREAS, pursuant to Article 25-AA of the Agriculture and Markets Law (“AML”), SEQRA applies to the adoption, modification, continuation, consolidation, and termination of agricultural districts; and

WHEREAS, County legislative bodies adopt, review, modify, and consolidate agricultural districts pursuant to AML §§303, 303-a, 303-b, and 303-c, which is subject to review under the State Environmental Quality Review Act (SEQR) and is classified as an Unlisted Action pursuant to the regulations founds in 6 NYCRR, Part 617; and

WHEREAS, there are no other involved agencies.

RESOLVED, that the Montgomery County Legislature hereby declares itself lead agency in carrying out the environmental review under SEQR; and

FURTHER RESOLVED, that the Montgomery County Legislature herby authorizes and directs the County Executive, upon review and approval by the County Attorney,  to sign any and all documents related to this process.

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

I. Nature of Request:

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RESOLUTION NO. 98 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, Montgomery County is the local sponsor and administrator for the County’s Agricultural District’s 8-year reviews; and

 WHEREAS, Montgomery County Agricultural District No. 2 is up for review and is due to Agriculture and Markets by May 22, 2017; and

 WHEREAS, Montgomery County Agricultural District No. 2 encompasses roughly 48,000 acres with parcels existing in the Towns of Amsterdam, Mohawk, Palatine, and St. Johnsville; and

WHEREAS, pursuant to Article 25-AA of the Agriculture and Markets Law (“AML”), SEQRA applies to the adoption, modification, continuation, consolidation, and termination of agricultural districts; and

WHEREAS, County legislative bodies adopt, review, modify, and consolidate agricultural districts pursuant to AML §§303, 303-a, 303-b, and 303-c, which is subject to review under the State Environmental Quality Review Act (SEQR) and is classified as an Unlisted Action pursuant to the regulations founds in 6 NYCRR, Part 617; and

WHEREAS, the County Legislature has designated itself as lead agency; and

WHEREAS, the County Legislature has reviewed all the pertinent information with regard to SEQR, including Part I of the Short EAF; and

WHEREAS, the County Legislature completed Part II of the Short EAF as lead agency for the project pursuant to regulations found in 6 NYCRR, Part 617 determined that the project will not have a significant effect upon the environment.

RESOLVED, that Montgomery County Legislature determines that this project will not have a significant effect on the environment; and

FURTHER RESOLVED, that this Determination of Significance shall be considered a Negative Declaration made pursuant to Article 8 of the Environmental Conservation Law; and

FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to take any actions necessary to effectuate this resolution including signing the EAF.

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

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RESOLUTION NO. 99 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board has submitted recommendations concerning the review of Agricultural District No. 2, and

WHEREAS, a public hearing concerning the proposed modifications was conducted on Tuesday, April 25, 2017.

WHEREAS, the Montgomery County Legislature issued a negative declaration on the SEQRA review of this action, and therefore an environmental impact statement will not be required; and

RESOLVED, that the County Legislature hereby determines that Agricultural District No. 2 be modified, as presented, and that it include only those parcels identified on the attached listing and made part of this resolution; and

FURTHER RESOLVED, that the Director of Economic Development and Planning hereby is authorized and directed to submit said plan, and related documentation, to the Commissioner of the Department of Agriculture and Markets for certification, and to file a description of said district with the County Clerk and the Commissioner of Agriculture and Markets.

RESOLUTION VOTE, passed with Aye(7). Legislator Sweet voted Nay. Legislator Duchessi was absent. (4/25/2017)

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RESOLUTION NO. 100 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, by Resolution 54 of 2004 the Board of Supervisors re-established a special advisory committee to develop and oversee implementation of programs to promote and market Montgomery County agricultural opportunities, and

WHEREAS, said committee provides general direction to any groups responsible for county-sponsored programs related to agricultural economic development, and

WHEREAS, said committee's membership is be appointed by the County Legislature, with membership to include:

 Active Farmer
 Agribusiness
 Montgomery County Legislator
 Farm Bureau Representative
 Chamber of Commerce Representative
 Farm Service Agency Representative 
 Economic Development/Planning Representative 
 Cornell Cooperative Extension Association Board Representative
 Agricultural and Farmland Protection Board Representative
 , and

WHEREAS, all members of said advisory committee serve at the pleasure of the County Legislature, and

WHEREAS, said advisory committee is to tender written quarterly reports to the County Legislature. 
  
RESOLVED, the following are hereby appointed as members of the Agriculture Economic Development Advisory Committee - Agriculture:

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

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RESOLUTION NO. 101 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, the Probation Department relocated to a new Public Safety facility in September, 2016; and

WHEREAS, based on the physical arrangement of the new facility, an alternative filing system was purchased that was not compatible with the existing filing configuration; and

WHEREAS, it was expected that current Probation staff over time could convert the substantial number of files to the new system; and

WHEREAS, due to the current workload, this plan has not reached fruition and it is anticipated that this situation will not change in the forseeable future; and

WHEREAS, the addition of a part-time temporary Records Management Clerk who would be hired for approximately three months would allow the Department to remedy this issue.

RESOLVED, that the Montgomery County Legislature hereby establishes a temporary/part-time Records Management Clerk approves the hiring of a temporary part time Records Management Clerk for the duration of three months at an hourly rate.

FURTHER 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. (4/25/2017)

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RESOLUTION NO. 102 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, the New York State Safe Harbour for Exploited Children Act was signed into law on September 25, 2008; and

WHEREAS, New York State enacted the Safe Harbour for Exploited Children Act to recognize that minors who are commercially sexually exploited are victims, not perpetrators, of crimes; and

WHEREAS, the New York State Office of Children and Family Services is committed to preventing human trafficking in New York State and supporting child-serving professionals in identifying and providing services to survivors of human trafficking and commercial sexual exploitation of children by raising awareness, providing training and technical assistance, and developing and implementing the Safe Harbour: NY program; and

WHEREAS, the New York State Office of Children and Family Services has allocated Sexually Exploited Youth (SEY) funds in the amount of $23,000 for calendar year 2017 to the Montgomery County Youth Bureau in support of raising awareness of human trafficking and the commercial sexual exploitation of children (CSEC).

NOW, THEREFORE BE IT 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. (4/25/2017)

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RESOLUTION NO. 103 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, a Public Safety Mutual Aid Agreement was signed on June 1, 2011; and

WHEREAS, the Sheriff now requests an extension of said Mutual Aid Agreement for another five (5) years, which, among other things, will provide for:

*Efficient utilization of law enforcement resources and services, including public safety and dispatching services;

*Ensure an adequate number of trained and equipped law enforcement officers to handle and resolve emergency, disaster and violent situations, as well as routine law enforcement services which cannot be met with the resources of one of the parties to this agreement;

*Provide for the possibility of obtaining and maintaning shared equipment.

NOW THEREFORE BE IT RESOLVED, that the County Executive, upon the review and approval of the County Attorney, is authorized to sign a public safety mutual aid agreement between the Montgomery County Sheriff's Office and the Fulton County Sheriff's Office, as attached hereto and made part hereof, effective January 1, 2017 through December 31, 2021; and

FURTHER RESOLVED, that this Resolution is contingent upon passage of a similar resolution by the Board of Supervisors of Fulton County; and

FURTHER RESOLVED, that a certified copy of this resolution be forward to the Fulton County Sheriff and the  Fulton County Board of Supervisors. 

MOTION TO AMEND by Legislator Sweet, seconded by Legislator Wilson, to edit the Financial Impact as follows:  Strike none unless used and replace with:

Article 5 of the Agreement states that neither participant shall be obligated to compensate the responding party for services rendered by or injuries to the responding party’s personnel or for the use or damage of the responding party’s equipment. This includes wages, worker’s compensation, and unemployment withholdings. Each party waives all claims except for gross negligence.

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

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

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RESOLUTION NO. 104 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, the roof at the Montgomery County Public Safety Building is scheduled for replacement in 2017; and

WHEREAS, the project was bonded for in 2016 for a total replacement cost of $900,000.00 (Nine Hundred Thousand Dollars); and

WHEREAS, the Commissioner of Public Works has solicited proposals for replacement of the roof pursuant to the County's Procurement Policy; and

WHEREAS, three proposals were received; and

WHEREAS, the Commissioner of Public Works recommends that the contract be awarded to the lowest responsible, responsive bidder, Titan Roofing, for such replacement.

RESOLVED, that the Montgomery County Legislature hereby awards a contract to Titan Roofing, 32 Railroad Avenue, Albany, NY 12205, for roof replacement as follows:

           Montgomery County Public Safety Building- Service Request #5030159

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign a contract with Titan Roofing of Albany, NY, and

FURTHER RESOLVED, that said contract shall provide payment in the amount not to exceed $883,200.00 (Eight hundred eighty three thousand and two hundred dollars).

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

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RESOLUTION NO. 105 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management; and

WHEREAS, said agreement calls for Montgomery County to provide post closure services and bill the other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage plant, and the Village of Canajoharie operates such plant; and

WHEREAS, the Village of Canajoharie currently accepts the leachate generated by the landfills; and

WHEREAS, the current contract with the Village of Canajoharie which sets forth the terms and provisions for the acceptance of the leachate generated by the landfills for treatment (hereinafter referred to as the "Leachate Agreement") is about to expire; and

WHEREAS, Montgomery County and the Village of Canajoharie are municipal corporations; and

WHEREAS, Montgomery County and the Village of Canajoharie will both benefit from the Leachate Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign the Leachate Agreement, which is an intermunicipal agreement for leachate disposal, with the Village of Canajoharie.

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Wilson, to edit the Financial Impact as follows:  strike Costs are paid jointly by Otsego, Schoharie and Montgomery Counties, and have been included in the 2017 Operating Budget and replace with:

Annual cost for 2016 was $60,679.50. Year to date cost for 2017 so far is at $29, 316.00. Contract is an annual contract beginning on June 1 each year. Additional spreadsheet is attached.

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

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

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RESOLUTION NO. 106 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, Montgomery County through the Montgomery County Sanitary District No.1 operates a wastewater treatment plant that generates digested sludge which requires treatment/disposal; and

WHEREAS, the Village of Canajoharie is the owner and operator of wastwater treatment facilities which can be used to treat/dispose of said sludge; and

WHEREAS, Montgomery County and the Village of Canajoharie are municipal corporations; and

WHEREAS, the Sludge Disposal Agreement is expected to be to the benefit of Montgomery County and the Village of Canajoharie; and

WHEREAS, the Village of Canajoharie has approved the Sludge Disposal Agreement.

NOW THEREFORE BE IT RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, to sign the Sludge Disposal Agreement, which is an Intermunicipal Agreement for sludge treatment/disposal, with the Village of Canajoharie terminating May 31, 2018.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Sweet, to edit the Financial Impact as follows:  Strike Small cost saving realized at the Montgomery County Sanitary District No.1 and replace with:

Annual cost is approximately $17,000 a year (if 400K of sludge are processed). A savings of 6K was achieved over the past 22 months by utilizing this contract vs. contracts with other providers.

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

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

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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)

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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)

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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)

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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)

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RESOLUTION NO. 111 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, in 1990, Congress passed the Americans with Disabilities Act (ADA) to prohibit discrimination against individuals with disabilities; and

WHEREAS, it is in the intent of Montgomery County to insure that all individuals with disabilities are provided with equal enjoyment of the programs, services and activities provided by Montgomery County; and

WHEREAS, Montgomery County is committed to providing reasonable accommodations to its residents and employee's who seek employment or services from Montgomery County, and

NOW, THEREFORE, BE RESOLVED, that the Montgomery County Legislature hereby adopts the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act Compliance Policy attached hereto and incorporated herein as Schedule “A”, to apply to all Montgomery County buildings, programs, services and activities, County employment and contracts.

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

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RESOLUTION NO. 112 of 2017 DATED: April 25, 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 March 24, 2017 through April 25, 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. (4/25/2017)

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RESOLUTION NO. 113 of 2017 DATED: April 25, 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 May & June 2017.

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. abstained. Legislator Duchessi was absent. (4/25/2017)

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RESOLUTION NO. 114 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, there has been an increase in the volume of workload in the department; and

WHEREAS, it has become more demanding to be able to process work in a timely manner and provide the necessary back-up for the County Clerk's office.

RESOLVED, that the Montgomery County Legislature, hereby establishes the competitive position of Assistant Deputy County Clerk at a Grade P, Base Salary $41,192.00.

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

RESOLUTION WITHDRAWN BY SPONSOR(4/25/2017)

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