RESOLUTION NO. 175 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS,  Introductory Local Law F (Local Law 6 of 2017), entitled “A Local Law Amending Local Law 2 of 2017”, hereby is adopted and is incorporated as follows:

BE IT ENACTED by the Montgomery County Legisalture as follows:

Local Law 2 of 2017 is hereby amended to read as follows:

SECTION 2. DEFINITIONS:

Shall also include: 

Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system.

SECTION 6. OPT-IN, ENERGIZE FINANCIAL AGREEMENT

Shall be amended to read as follows:

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 the behalf of Montgomery County.

The caption for Section 9 shall be amended to read as follows:  SECTION 9. VERIFICATION AND REPORT

The rest of the law shall remain unchanged and in full force and effect. 

SAVING CLAUSE: If any clause, sentence, paragraph, section or part 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 thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and 

EFFECTIVE DATE:   This Local Law shall take effect 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, RESOLVED, that the Clerk of the Montgomery County 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.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 176 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Empire State Development (ESD) accepted applications through the Consolidated Funding Application (CFA) for projects that would further the goals and objectives of the Urban and Community Development Grant Program and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Montgomery County submitted an application through the 2016 CFA process for the Arkell Museum American Art Above Ground Storage Collection Feasibility Study project; and

WHEREAS, the project requested funding in order to conduct a feasibility study on the construction of an above ground storage facility to house the excess art collection which is currently stored underground in a flood zone; and

WHEREAS, that said grant funding was awarded in the amount of $60,000 from the New York State Empire State Development (ESD) with a County share of $60,000 which will be paid by the Arkell Museum;

RESOLVED, that the Montgomery County Department of Economic Development & Planning are hereby authorized to administer said application on behalf of Montgomery County; and

FURTHER RESOLVED, upon review and approval of the County Attorney, the County Executive is hereby authorized to sign contracts with Empire State Development and the Arkell Museum, and

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

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 177 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Montgomery County administers an Economic Development Program for the purpose of creating and retaining jobs, and

WHEREAS, Resolution No. 166 of 2016 by the Montgomery County Legislature approved a loan request to TES Corporation and New Process Cleaners for an amount not to exceed $100,000 payable in not more than 84 monthly installments, with an interest rate of 3.50% for the purposes of purchasing real estate located at 27 Division Street, Amsterdam, NY; and

WHEREAS, said applicant has approached the Montgomery County Industrial Development Agency for an amendment to the approval for an amount of $125,000 for 20 years for the purchase of real estate located at 27 Division Street, Amsterdam, NY, and

WHEREAS, said applicant has provided an updated purchase agreement and appraisal for 27 Division Street, Amsterdam, NY, and

WHEREAS, all other conditions will remain unchanged, and

WHEREAS, the Montgomery County Industrial Development Agency has recommended approval of the amendment to the Loan Approval,

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign an agreement, and any other legal documents necessary to process an economic development loan, in a principal amount not to exceed $125,000 to TES Corporation and New Process Cleaners.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 178 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department has been awarded a  contract for continued grant funding for the Public Health Emergency Preparedness (PHEP) Program for the period July 1, 2017 – June 30, 2018, and

WHEREAS, the grant award amount for the contract period is $52,096, and

WHEREAS, salaries for the grant period have already been included in the 2017 budget but non-personal costs need to be appropriated,  

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the PHEP grant funding, and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sign said grant contract, and

FURTHER RESOLVED, that this grant may be renewed without further action of the Legislature contingent upon the terms therein remain substantially the same.

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

INCREASE:

            Revenue:            A-16-3-3401-06               Public Health Grant – PHEP Grant              $35541.00

            Appropriations:  A-16-4-4010-06. 2260     Public Health Grant – Other Equipment         $  2500.00

            Appropriations:  A-16-4-4010-06. 4408     Public Health Grant – Office Supplies            $  2000.00

            Appropriations:  A-16-4-4010-06. 4411     Public Health Grant – Telephone Exp.            $  2700.00

            Appropriations:  A-16-4-4010-06. 4425     Public Health Grant – Maint. Agreements      $  6300.00

            Appropriations:  A-16-4-4010-06. 4438     Public Health Grant – Misc. Supporting Svc.  $  3780.00

            Appropriations:  A-16-4-4010-06. 4470     Public Health Grant – Travel Related Exp      $  1000.00

            Appropriations:  A-16-4-4010-06. 4471     Public Health Grant – Mileage                        $  3000.00

            Appropriations:  A-16-4-4010-06. 4491     Public Health Grant – Advertising                  $14261.00

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 179 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services was awarded grant funds to improve staff-to-client ratios in the Child Protective Services (CPS) unit, pursuant to 17-OCFS-LCM-07, SFY 2017-2018 Enhanced Child Protective Services Funds in the amount of $50.000; and

WHEREAS, the Department “can only use the funds to hire additional CPS caseworkers and/or supervisors in SFY 2017-18 or to offer overtime.” These funds are intended to help districts achieve, or move closer to achieving, the recommended CPS caseload size of 15 active reports per month.  The funds are also intended to booster the supervision available to CPS caseworkers.  The expectation is that any staff added by this special appropriation will be funded by regular child welfare funding mechanisms in subsequent years; and,

WHEREAS, the Commissioner of Social Services recommends hiring a Case Supervisor (Grade L) to assist in achieving the recommended CPS caseload size of 12 active investigations per month. The additional Case Supervisor will assist with supporting and training new caseworkers which in turn will allow for the existing Case Supervisors to provide additional support and supervision to trained employees, and

RESOLVED, the Montgomery County Legislature hereby establishes the position of Case Supervisor (Grade L), base salary $43,738.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating budget effective August 1, 2017 as follows:

INCREASE

REVENUE:

A-18-3-3610-00                                   Social Service Administration                         $20,833.33

APPROPRIATIONS:

A-18-4-6010-00-1111(NEW)              Case Supervisor                                                 $18,224.17

A-10-4-9001-00-8810                         FICA                                                                $ 1,757.58

A-10-4-9001-00-8820                         Retirement                                                      $ 1,694.58

A-10-4-9001-00-8850                         Hospital and Medical                                        $ 8,963.89    

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 180 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services is looking to eliminate the Employment Resources contract and  hire a full-time Welfare Employment Representative (NEW); and,

WHEREAS, the Department has reviewed the workload and has determined a Welfare Employment Representative at a Grade F would  suit the needs of the department; and,

WHEREAS, currently funds are used to contract with an Employment Resources represenative via two contracts totaling $74,187;

WHEREAS, the Commissioner of Social Services recommends hiring a Welfare Employment Representative (Grade F) to handle the same duties as were previously contracted out to save the County money; and

RESOLVED, that the Montgomery County Legislature hereby establishes the position of a Welfare Employment Representative at a Grade F to be paid entirely out of Federal Funds; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating budget effective August 1, 2017 as follows:

INCREASE

REVENUE:

A-18-3-4610-00                                  Social Service Administration                         $26,004.88

APPROPRIATIONS:

A-18-4-6010-00-1111(NEW)              Welfare Employment Rep                                   $13,983.00            

A-10-4-9001-00-8810                         FICA                                                                $  1,757.58        

A-10-4-9001-00-8820                         Retirement                                                      $  1,300.41  

A-10-4-9001-00-8850                         Hospital and Medical                                        $  8,963.89

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 181 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS,  Montgomery County Department of Public Works (hereinafter "DPW") has a need to purchase mechanical parts for Equipment & Materials for Buildings and Grounds; and

WHEREAS, for efficiency purposes, the Montgomery County DPW is recommending outsourcing running the parts department to a private entity; and

WHEREAS, pursuant to a compettitive bidding and selection process by the National Joint Powers Alliance, a public entity from Minnesota, NAPA (doing business as Genuine Parts Company) was awarded a contract to establish a source of supply for auto, truck and bus parts as well as to provide Integrated Business Solution Services; and

WHEREAS, Genuine Parts Company will be required to abide by the Montgomery County Procurement Policy.

RESOLVED, that the County Executive following review and approval by the County Attorney is authorized and directed to execute an agreement with Genuine Parts Company under the terms set forth as awarded by the National Joint Powers Alliance with an amendment requiring them to abide by the Montgomery County Procurement Policy.

RESOLUTION WITHDRAWN BY SPONSOR(7/25/2017)

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly and Purtell voted Nay. Legislator Isabel was absent. (8/22/2017)

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RESOLUTION NO. 182 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Implementation and Funding of the Bridge Replacement Project PIN 2754.26 Burtonsville Rd. Spur was authorized by Resolution No. 128 of 2017; and

WHEREAS, per federal regulations an RFQ was distributed to eight engineering firms on the Local Design Service Agreement Program for engineering services for Project BIN 330140; and

WHEREAS, the Federal Process for Procurement of Engineering Services has been completed and approved with AECOM USA INC being the lowest responsible responsive bidder; and

RESOLVED, that the County Executive, following review and approval of the County Attorney is hereby authorized and directed to execute an agreement with AECOM USA INC, 40 British American Blvd. Latham, NY 12110 to perform architectural and engineering services, for a sum not to exceed $440,509.00.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 183 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Resolution # 214 of 2016 authorized the issuance of $320,000.00 serial bonds to finance the cost and related expenses for a Clarifier Rehabilitation Project and a Leachate Acceptance Project at the Montgomery County Sanitary District No.1, and

WHEREAS, Resolution # 45 of 2017 authorized an agreement to retain the services of John M. McDonald Engineering PC to prepare specifications, solicit bids, and oversee the construction phase of said projects, and

WHEREAS, an RFP was issued and responses were received; and

WHEREAS, the Montgomery County Sanitary District Board of Directors has reviewed all bids and recommends that contracts be awarded to the lowest, responsible, responsive bidder being:

___________________________  for the Clarifier Rehabiliation Contract at a cost not to exceed _____________________

and

___________________________  for the Leachate Acceptance Project Contract at a cost not to exceed ___________________.

RESOLVED, the Montgomery County Legislature hereby authorizing awarding contracts to:

___________________________  for the Clarifier Rehabiliation Contract at a cost not to exceed _____________________

and

___________________________  for the Leachate Acceptance Project Contract at a cost not to exceed ___________________.

FURTHER RESOLVED, that the County Executive, upon the review and approval of the County Attorney, is hereby authorized and directed to sign aforementioned contracts.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

MOTION TO TABLE by Legislator Sweet, seconded by Legislator Purtell, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 184 of 2017 DATED: July 25, 2017 RECOMMENDATION:

Whereas, it is necessary to perform an evaluation of the Fort Plain and Palatine Bridge Pump Stations and Forcemains; and

Whereas, the Montgomery County Sanitary District No.1 Board of Directors has reviewed and approved a proposal submitted by McDonald Engineering to perform an evalution on the the Fort Plain and Palatine Bridge Pump Stations and Forcemains; and

Whereas, a transfer of funds is needed help cover the cost of the evaluation,.

Resolved, the Montgomery County Treasurer is hereby authorized and directed to amend the 2017 Sanitary District Operating Budget as follows:

 TRANSFER FROM:

G-26-4-1990-00-4400    Contractual Expenses       $11,054.00

TRANSFER TO:

G-26-4-8120-00-4431    Professional Services        $11,054.00

Further Resolved, that upon review and approval of the County Attorney, the Montgomery County Executive is authorized to enter into a contract with McDonald Engineering to perform an evaluation on the Fort Plain and Palatine Bridge Pump Stations and Forecmains at a cost not to exceed $19,900.00 

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 185 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Montgomery County received a 2017-2018 grant in the amount of $77,300 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, said funds will be used to provide 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, New York State Industries for the Disabled, Inc. (NYSID) will digitize the aforementioned records and General Code will provide additional user licenses, support and training for use in the Laserfiche software. 

RESOLVED, that the County Legislature hereby authorizes acceptance of the grant award, and that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign agreements with New York State Industries for the Disabled, Inc. (NYSID) to digitize the aforementioned Shared Services records, and with General Code for the purchase of additional user licenses, support and Laserfiche training, and 

FURTHER RESOLVED, that said agreements, which shall commence on August 1, 2017 and end on June 30, 2018, shall provide for compensation in amounts not to exceed $41,752.20 (NYSID) and $20,248 (General Code).

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

INCREASE REVENUES:

A-14-3-3889                                        State Aid                                              $77,300

INCREASE APPROPRIATIONS:

A-14-4-1680-00-.1130                        Records Management Clerks (2-PT)    $11,700

A-14-4-1680-00-.2259                        Computer Equipment                        $  3,600

A-14-4-1680-00-.4431                        Professional Services                         $47,502

A-14-4-1680-00-.4459                        Computer Software                           $14,498

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 186 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Local Law C of 2014 established a hotel and motel occupancy tax in Montgomery County (hereinafter "Bed Tax"); and

WHEREAS, revenue from the Bed Tax is to be used to enhance and develop the general economy of Montgomery County through the promotion of tourism, conventions, trade shows and other directly related and supported activities; and

WHEREAS, the Fort Plain Museum promotes historic tourism in Montgomery County and is seeking $6,000 to conduct historic tourism related activities in Montgomery County; and

WHEREAS, these activities include but are not limited to a conference on the American Revolution, Drums Along the Mohawk wedding reenactment, the Tryon County Committee of Safety Reenactment, battlefield tours, and the Battle of Stone Arabia Commemoration; and

WHEREAS, these activities are anticipated to promote tourism and enhance and develop the general economy of Montgomery County. 

NOW THEREFORE BE IT RESOLVED that the Montgomery County Legislature authorizes and directs the Montgomery County Treasurer to disburse $6,000 to the Fort Plain Museum from the Bed Tax Contribution Tourism Line Item  No.: A-30-4-1010-00-.4577 ; and 

BE IT FURTHER RESOLVED, that Mohawk Country receipt of the $6,000 in funds shall be contingent upon Mohawk Country entering into an Agreement and any other required paperwork with Montgomery County indicating that they will only spend funds for their 2017 Mohawk Country Events Budget to promote historic tourism in Montgomery County; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed, upon review and approval of the County Attorney, to enter into a contract with the Fort Plain Museum outlining the above terms as a condition of acceptance of the $6,000.00.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 187 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, upon the dissolution of MOSA in 2014, ownership of the northern transfer station and and the landfill, which are both located on the same parcel of property, was transferred to Otsego, Montgomery and Schoharie County as joint owners; and

WHEREAS, a survey has been completed for the parcel and it is now possible to transfer ownership of the northern transfer station to Otsego County while leaving the ownership of the landfill in the names of the three counties for joint monitoring and maintenance as required in the dissolution agreement; and

WHEREAS,  Public Authorities Law 2041-w (2)(a) (ii) requires that ownership of the northern transfer station be transferred to Otsego County.

RESOLVED, that the northern transfer station is no longer necessary for public use by Montgomery County residents and authorizes the transfer of same to the County of Otsego for no consideration as required under Public Authorities Law; and

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes the Montgomery County Executive to sign any documents necessary to effectuate the transfer of ownership of the northern transfer station, as surveyed by Lawson Surveying and Mapping dated August 2016, to Otsego County.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 188 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Ful-Mont Snow Travelers Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Recreational Trails Program for a trail project to be located partially in Montgomery County, a site located within the territorial jurisdiction of the Montgomery County Legislature; and

WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located"; and

WHEREAS, the Ful-Mont Snow Travelers Inc. will meet the twenty percent grant match requirement,

RESOLVED, by this body that the Montgomery County Legislature hereby does approve and endorse the application of the Ful-Mont Snow Travelers Inc. for a grant under the Recreational Trails Program for the trail project known as the Ful-Mont Snow Travelers Trail Groomer Purchase.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi abstained. (7/25/2017)

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RESOLUTION NO. 189 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, Frank Greco, wishes to lease property from Montgomery County to facilitate an Agreement between Genuine Parts Company and Montgomery County; and

WHEREAS, the lease would be for a period of three (3) years; and

WHEREAS, the lease would be for the stock room which is located on the east side of the first floor of the Montgomery County Department of Public Works Building at 6 Park Street, Fonda, NY; and

WHEREAS, the total dimensions of the space to be leased are approximately 222 feet by 20 feet (4440 square feet); and

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 G (Local Law 7) of 2017 hereby is enacted and incorporated as follows:

LOCAL LAW 7 of 2017 - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN FRANK GRECO AND MONTGOMERY COUNTY

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 sign a lease with Frank Greco to facilitate an Agreement between Genuine Parts Company and Montgomery County.

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

The stock room that is located on the east side of the first floor of the Montgomery County Department of Public Works Building at 6 Park Street, Fonda, NY with total dimensions that are approximately 222 feet by 20 feet (4440 square feet).

SECTION 3.  That the property to be leased pursuant to the provisions of this law shall be used by Frank Greco to run the Montgomery County stockroom. No private sales shall be conducted on the property.

SECTION 4.  That the lands described in Section 2 are not being used by the general public.

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

SECTION 6.  That the lands described in Section 2 may be leased to Frank Greco without advertising or competitive bidding.

SECTION 7.  That monthly rent payments by Frank Greco during the 3-year lease shall be $100 a month.

SECTION 8.  That the County Executive is hereby authorized to sign a lease between Frank Greco and Montgomery County to facilitate an Agreement between Genuine Parts Company and Montgomery County

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 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 WITHDRAWN BY SPONSOR(7/25/2017)

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Isabel was absent. (8/22/2017)

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RESOLUTION NO. 190 of 2017 DATED: July 25, 2017 RECOMMENDATION:

Wireless Communications Surcharge authorized by Tax Law 186-g of the County Legislature of Montgomery of Montgomery County, repealing the wireless communications surcharge authorized by Article Six of the County Law of the State of New York; and imposing the wireless communications surcharges pursuant to the authority of Tax Law 186-g

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

INTRODUCTORY LOCAL LAW H (LOCAL LAW 8 OF 2017) A LOCAL LAW REPEALING LOCAL LAW 11 of 2002 AND IMPOSING A WIRELESS COMMUNICATIONS SURCHAGE PURSUANT TO TAX LAW 186-g

SECTION 1. Local Law 11 of 2002 Imposing a Surcharge on Wireless Communication Devices, Whose Place of Primary Use is Within Montgomery County, to Defray Costs of the Public Safety Communications System Serving Montgomery County is hereby REPEALED.

SECTION 2. Imposition of wireless communications surcharges.

(a) Pursuant to the authority of Tax Law 186-g, there are hereby imposed and there shall be paid surcharges within the territorial limits of the County of Montgomery on: (i) wireless communications service provided to a wireless communications customer with a place of primary use within such county, at the rate of thirty cents per month on each wireless communications device in service during any art of the month; and (ii) the retail sale of prepaid wireless communications service sold within such county, at the rate of thirty cents per retail sale, whether or not any tangible personal property is sold therewith.

(b) Wireless communications service suppliers shall begin to add such surcharge to the billings of its customers and prepaid wireless communications sellers shall being to collect such surcharge from its customers commencing December 1, 2017.

(c) Each wireless communications service supplier and prepaid wireless communications seller is entitled to retain, as an administrative fee, an amount equal to three percent of its collections of the surcharges imposed by this local law, provided that the supplier or seller files any required return and remits the surcharges due to the New York State Commissioner of Taxation and Finance on or before its due date.

SECTION 3. Administration of surcharges. The surcharges imposed by this local law shall be administered and c ollected by the New York State Commissioner of Taxation and Finance as provided in paragraph (8) of Tax Law 186-g, and in a like manner as the taxes imposed by Articles Twenty-eight and Twenty-nine of the Tax Law.

SECTION 4. Applicability of State law to surcharges imposed by this local law. All the provisions of Tax Law 186-g shall apply to the surcharges imposed by this local law with the same force and effect as if those provisions had been set forth in full in this local law, except to the extent that any of those provisions is either inconsistent with or not relevant to the surcharges imposed by this local law.

SECTION 5. Net collections received by this county from the surcharges imposed by this local law shall be expended only upon authorization of the County Legislature of the County of Montgomery and only for payment of system costs, eligible wireless 911 service costs, or other costs associated with the administration, design, installation, construction, operation, or maintenance of public safety communications networks or a system to provide enhanced wireless 911 serving such county, as provided in paragraph (9) of Tax Law 186-g, including, but not limited to, hardware, software, consultants, financing and other acquisitions costs. The county shall separately account for and keep adequate books and records of the amount of all such monies exceeds the amount necessary for payment of the above mentioned costs in such fiscal year, such excess shall be reserved and carried over for the payment of those costs in the following fiscal year.

SECTION 6. Effective date. This local law shall take effect December 1, 2017.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (7/25/2017)

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RESOLUTION NO. 191 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery Community College Board of Trustees has presented Fulton and Montgomery County, the sponsoring counties, with a 2017-2018 budget request, proposing a total FMCC budget of $20,807,859; and

WHEREAS, a public hearing related to the adoption of said FMCC Budget was held on July 25, 2017; and

WHEREAS, that the amount to be appropriated by the County of Montgomery, as its sponsor share of said Budget, shall be $1,495,821; which is 8% of the Operating Budget.

FURTHER RESOLVED, that said sponsor’s share shall be included in the Montgomery County Operating Budget for 2018, as provided for in Section 6304 of the Education Law of the State of New York, and

FURTHER RESOLVED, that this Resolution shall take effect upon adoption of a similar Resolution by the Fulton County Board of Supervisors.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 192 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature adopted Montgomery County Audit Guidelines per Resolution No. 84 of 2016; and

WHEREAS, the Mongtomery County Legislature has updated the Audit Guidelines; and

RESOLVED, that the new guidelines will amend certain provisions of the travel procedures; and

RESOLVED, that Resolution No. 84 of 2016 is hereby rescinded.

FURTHER RESOLVED, that the Montgomery County Legislature hereby adopts the Montgomery County Audit Guidelines, as attached hereto, and

FURTHER RESOLVED, that the adopted Audit Guidelines for Montgomery County will become effective immediately.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (7/25/2017)

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RESOLUTION NO. 193 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for the acquisition of new equipment (“Equipment”) for the County’s Department of Public Works (“DPW”); and

WHEREAS, the County Legislature desires to approve the method of financing the costs of such Equipment;

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows:

SECTION 1

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes acquisition of the following Equipment for DPW:

1. two (2) 2017 10-wheel international dump truck, the maximum cost thereof being hereby estimated to be $280,000.00;
2. two (2) 2017 Ford F-350 extended 4x4 including plow, the maximum cost thereof being hereby estimated to be $96,000.00;
3. one (1) 2017 Ford F-350 4x4 stake-sign including plow, the maximum cost thereof being hereby estimated to be $40,000.00;
4. one (1) 2017 compact excavator; the maximum cost thereof being hereby estimated to be $48,000.00;
5. one (1) 2016-2017 grand caravan loaner, the maximum cost thereof being hereby estimated to be $20,000.00; and
6. one (1) 2017 16-foot Hurst trailer power tilt, the maximum cost thereof being hereby estimated to be $12,000.00.

The acquisition of the Equipment, the maximum aggregate cost thereof being hereby estimated to be $496,000.00, appropriating said amount therefor and authorizing the issuance of $496,000.00 serial bonds to finance such cost and related expenses.

SECTION 2

It is determined that the period of probable usefulness for each of the aforesaid Equipment is as follows:

1. 2017 10-wheel international dump truck - 15 years pursuant to Section 11.00(a)(28) of the Law;
2. 2017 Ford F-350 extended 4x4 including plow - 5 years pursuant to Section 11.00(a)(29) of the Law;
3. 2017 Ford F-350 4x4 stake-sign including plow - 5 years pursuant to Section 11.00(a)(29) of the Law;
4. 2017 compact excavator - 15 years pursuant to Section 11.00(a)(28) of the Law;
5. 2016-2017 grand caravan loaner - 5 years pursuant to Section 11.00(a)(29) of the Law; and
6. 2017 16-foot Hurst trailer power tilt - 5 years pursuant to Section 11.00(a)(28) of the Law.

SECTION 3

The plan of financing includes the issuance of $496,000.00 serial bonds and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing.

SECTION 4

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above.

SECTION 5

The proposed average maturity date of the bonds authorized pursuant to this resolution is not expected to exceed five (5) years.

SECTION 6

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose.

SECTION 7

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation.

SECTION 8

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year.

SECTION 9

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds.

SECTION 10

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters, feasibility consultants, engineers, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds.

SECTION 11

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if:

(a)        Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or

(b)        The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c)        Such obligations are authorized in violation of the provisions of the constitution.

SECTION 12

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law.

SECTION 13

This resolution shall take effect immediately.

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr., to change the title to reflect the change in the amount of the bond from $496,000 to $528,000 and to add to Section 1 - (7.  one (1) 2017 Ford F-350 Super Duty SRW4 x 4 regular cab, the maximum cost thereof being hereby estimated to be $32,000; and to add to Section 2 - ( 7.  2017 – Ford F-350 SuperDuty 4 x 4 – 5 years pursuant to Section 11.00(a)(29) of the Law; and to change Section 3 to reflect the change in the amount of the bond from $496,000 to $528,000, passed with Aye(9).(7/25/2017)

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

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RESOLUTION NO. 194 of 2017 DATED: July 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 June 27, 2017 through July 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(9). (7/25/2017)

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RESOLUTION NO. 195 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Youth Bureau promotes the physical, emotional and social well-being of youth and families in our community and is committed to helping young people grow up healthy, caring and responsible through positive youth development, the Montgomery County Youth Bureau supports this initiative as a means to educate our youth on the importance of agriculture in our community; and

WHEREAS, this is the 176th year of the Montgomery County Fonda fair, one of the largest tourist attractions in Montgomery County; and

WHEREAS, the Montgomery County Agricultural Society runs the fair; and

WHEREAS, the fair is a showcase to the public of the bountiful harvest of Montgomery County farmers; and

WHEREAS, in 2016 1500 youth a day attended the fair at a rate of $15,000 a day; and

WHEREAS, the Montgomery County Ag Society has agreed to accept a flat rate of $7,500 a day to pay for all youth who may attend the fair on Wednesday, August 30th and Friday, September 1st; and 

WHEREAS, allowing the youth of Montgomery County to attend free-of-charge on Wednesday, August 30th and Friday, September 1st promotes a fun-family experience in the heart of Montgomery County.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into an agreement with the Montgomery County Agricultural Society to pay a flat rate in return for all youth being given free admission to the fair on Wednesday and Friday promoting Youth Days.

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

RESOLUTION WITHDRAWN BY SPONSOR(7/25/2017)

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