RESOLUTION NO. 209 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Montgomery County submitted an application through the 2015 CFA process for the Montgomery County Bike Trail Restoration project; and

WHEREAS, the project requested funding in order to pave the unpaved sections of the Canalway Trail; and

WHEREAS, Senator Amedore was able to secure funding in the amount of $225,000 through the NYS Dormitory Authority State of New York;

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

FURTHER RESOLVED, upon review and approval of the provided contract with NYS Dormitory Authority State of New York by the County Attorney, the County Executive is hereby authorized to sign said contract, 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(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 210 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Montgomery County is the local sponsor and administrator for the NYS OPRHP Snowmobile Trails Grant-In-Aid Program; and

WHEREAS, the Town of Florida Snowmobile Club created a new trail C7F, which is approximately 3.46 miles long; updating trail C7P which is approximately 15.3 miles long; and updating trail C7B which is approximately 11.27 miles long, 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 Frontier Sno Riders Snowmobile Club is updating trail C7F which is approximately 0.43 miles; updating C7B, Class B, which is approximately 12.74 miles; and updating C7B, Class A, which is approximately 3.04 miles, 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, is hereby authorized to sign any and all documents related to this process.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 211 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Montgomery County is the local sponsor and administrator for the NYS OPRHP Snowmobile Trails Grant-In-Aid Program; and

WHEREAS, the Town of Florida Snowmobile Club created a new trail C7F, which is approximately 3.46 miles long; updating trail C7P which is approximately 15.3 miles long; and updating trail C7B which is approximately 11.27 miles long, 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 Frontier Sno Riders Snowmobile Club is updating trail C7F which is approximately 0.43 miles; updating C7B, Class B, which is approximately 12.74 miles; and updating C7B, Class A, which is approximately 3.04 miles, 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 in 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 is completing 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 the Montgomery County Legislature will issues a negative declaration, authorizing the Chairman of the Legislature, upon review and approval by the County Attorney, to sign the Short EAF indicating this project will not have a significant effect on the environment.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 212 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS,  Resolution 257 of 2016 of authorized the Montgomery County Executive to execute an Agreement with the Montgomery County Soil and Water Conservation District for services from January 1, 2017 to December 31, 2017; and

WHEREAS,  the Soil and Water District would like to increase the scope of services to include trail maintenance at the Burbine Forest in the Town of Charleston including clearing brush, mowing, and general upkeep to the satisfaction of the Commissioner of the Department of Public Works at no additional cost to the County; and

WHEREAS, the Soil and Water District also wishes to expand the scope of work to include, at no additional cost to the County, submitting plans to the Montgomery County Legislatur to:

1. Rehabilitate roughly 1,000 feet or trail (including excavating existing trails, laying engineering fabric, topping with crushed gravel for maintenance purposes, and potentially to meeting ADA standards for a certain distance); and
2. Implement a 2,000 square foot parking area at the entrance of Burbine Forest near Pond Road, and to install a new and more public-friendly entry-way, install a registration kiosk, and potentially re-establish the pond overflow spillway. 

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, to execute the first Amendment to the 2017 Agreement with the Soil and Water Conservation District to increase the scope of services  at no additional cost to the County to include trail maintenance at the Burbine Forest in the Town of Charleston including clearing brush, mowing, and general upkeep to the satisfaction of the Commissioner of the Department of Public Works, and submitting plans to the Montgomery County Legislature to:

1. Rehabilitate roughly 1,000 feet or trail (including excavating existing trails, laying engineering fabric, topping with crushed gravel for maintenance purposes, and potentially to meeting ADA standards for a certain distance); and
2. Implement a 2,000 square foot parking area at the entrance of Burbine Forest near Pond Road, and to install a new and more public-friendly entry-way, install a registration kiosk, and potentially re-establish the pond overflow spillway; and 

BE IT FURTHER RESOLVED,that all plans must be approved by the Montgomery County Legislature before the commencement of any work.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 213 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Resolution # 142 of 2017 authorized the issuance of $1,340,000.00 serial bonds, the potential reimbursement of up to fifty percent (50%) of said amount from a New York State grant, to finance the cost and related expenses for the construction of an emergency management and sheriff garage and storage facility within the County, and

WHEREAS, Resolution # 147 of 2017 accepted the grant funding award for the County’s public safety emergency services facility project in the amount of $671,575 from the New York State Department of Environmental Conservation; and

WHEREAS, the county solicited RFP #06-17 and responses were received; and

WHEREAS, the Montgomery County public safety facility garage steering committee has reviewed all bids and recommends that contracts be awarded to the lowest, responsible, responsive bidder being:

___________________________ for the Engineering Services Contract at a cost not to exceed _____________________

RESOLVED, the Montgomery County Legislature hereby authorizing an awarding contract to:

___________________________ for the Engineering Services 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 the aforementioned contract.

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Sweet, to modify the TITLE as follows:

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH DELTA FOR ENGINEERING SERVICES- EMERGENCY MANAGEMENT/SHERIFF GARAGE AND STORAGE FACILITY

and to modify the fourth WHEREAS clause as follows:

WHEREAS, the Montgomery County public safety facility garage steering committee has reviewed all bids and recommends that contracts be awarded to the lowest, responsible, responsive bidder being:

Delta for the Engineering Services Contract at a cost not to exceed $120,000.

and to modify the RESOLVED clause as follows:

RESOLVED, the Montgomery County Legislature hereby authorizing an awarding contract to:

Delta for the Engineering Services Contract at a cost not to exceed $120,000.

passed with Aye(8). Legislator Kelly was absent.(9/26/2017)

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 214 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, the Commissioner of Public Works is requesting a transfer of funds for equipment replacement, new boiler for Annex Building, and

WHEREAS, the heating system which services  the Annex Building cracked and was deemed unrepairable at the end of the 2016-17 heating season, and

WHEREAS, there is an urgent need to replace heating equipment prior to the 2017-18 heating season, and

WHEREAS, the Commissioner of Public Works has solicited bids for said project and has selected the lowest, most responsible bidder for the project, at a cost not to exceed $73,250.00, and

WHEREAS, the roof on the Annex Building is also in need of immediate repair, as their are several leaks on the main roof of the building- (barrel roof), and

WHEREAS, a condition assessment was completed on the Annex roof and determined that the cost to repair will not exceed $32,589.00, and

WHEREAS, their is an urgent need to complete repairs prior to Winter 2018.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 215 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Article 6 of New York State Public Health Law, requires a staff person holding a Bachelor's of Nursing to cover the position of Director of Patient Services in order to be in compliance with the Law. 

WHEREAS the Law provides the authority for the local government unit to provide and implement the local services plan for public health,

WHEREAS, in consulting with Personnel Officer it has been determined that the responsiblity of a Patient Services Director can be included within the duties of a Community Health Nurse;

WHEREAS, the current position of Community Health Nurse is allocated to CSEA Grade M;

WHEREAS, it is recommended by the Personnel Officer that the postion be reallocated appropriately to Grade O with a base salary of 51,278 to compensate the added responsibilty;

RESOLVED, the Montgomery County Legislature hereby reallocates the positon from a Grade M to a Grade O; 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(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 216 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Section 41.05 of the Mental Hygiene Laws of the State of New York requires that each local government establish a local government unit to plan for and administer mental health, mental retardation, alcoholism and substance abuse services; and 

WHEREAS, Section 41.13(2)6. provides the authority for the local government unit to enter into contracts with local services providers to implement the local services plan for mental health, mental retardation, alcoholism and substance abuse services; and 

WHEREAS, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) has determined that funds paid to the alcoholism and Substance Abuse Council of Hamilton, Fulton and Montgomery Counties (DBA HFM Prevention Council) for the provision of alcoholism and substance abuse prevention services previously passed through the County of Fulton should now be passed through the County of Montgomery for the provision of said services in the school districts of Montgomery County.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 217 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Section 41.05 of the Mental Hygiene Laws of the State of New York requires that each local government establish a local government unit to plan for and administer mental health, mental retardation, alcoholism and substance abuse services; and 

WHEREAS, Section 41.13(2)6. provides the authority for the local government unit to enter into contracts with local services providers to implement the local services plan for mental health, mental retardation, alcoholism and substance abuse services; and  

WHEREAS, the New York State Office of Mental Health has determined that funds be paid to Montgomery County for the provision of mental health services for the provision of said services in the school districts of Montgomery County. 

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

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 218 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, it is proven that the recording of incidents handled by law enforcement members can lead not only to enhanced understanding by those not at the scene of what occurred, but also tends to protect from litigation; and

WHEREAS, the Montgomery County Sheriff's Office endeavors to stay current with law enforcement methods and technologies; and

WHEREAS, the use of Body Cameras would help facilitate the aforementioned and the County will realize $2,824 from Sale of Equipment and $719.00 from Forfieture; and

WHEREAS, the Montgomery County Sheriff's Office intends to purchase $3,260.00  of Body Camera equipment.

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 Kelly was absent. (9/26/2017)

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RESOLUTION NO. 219 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, it is necessary to transfer funds to cover the cost of overtime pay for E911 staff due to turn over in staff and the inabilty to hire staff.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 220 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, it is necessary to transfer funds to cover the cost of overtime pay in the jail due to the constance turn over of staff in the jail, constance watches and officers out of work.

RESOLVED, 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 Kelly was absent. (9/26/2017)

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RESOLUTION NO. 221 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Sheriff's Office participates in Operation Lifesaver, a program designed to aid local families in locating lost individuals of a particularly vulnerable population such as children and adults with Dementia or Alzheimers: and

WHEREAS, the radio transmitters donated to NYS DCJS for this program are distributed by certain members of the Montgomery County Sheriff's Office: and

WHEREAS, those radio transmtters require replacement batteries and bands which are purchased by the familes of the vulnerable population annually: and

WHEREAS, to facilitate this program, the Montgomery County Sheriff's Office recieves monies from private citizens enrolled in the program: and

WHEREAS, those funds are received and deposited they must be realized and distributed.

RESOLVED, that the Legislature authorize the County Treasurer to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly was absent. (9/26/2017)

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RESOLUTION NO. 222 of 2017 DATED: September 26, 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 August 23, 2017 through September 26, 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 Kelly was absent. (9/26/2017)

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RESOLUTION NO. 223 of 2017 DATED: September 26, 2017 RECOMMENDATION:

WHEREAS, Cook v. Montgomery County and Samuels v. Montgomery County are outstanding lawsuits against Montgomery County; and

WHEREAS, settlements has been proposed to finalize these matters; and

WHEREAS, the Montgomery County Legislature is desireous of entering into the proposed settlements.

NOW THEREFORE BE IT RESOLVED that the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into the settlements of Cook v. Montgomery County et al and Samuels v. Montgomery County et al ; and

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

MOTION TO DIVIDE THE QUESTION by Legislator Duchessi, seconded by Legislator Dimond, passed with Aye(8). Legislator Kelly was absent.(9/26/2017)

(Clerks Note: Upon discussion, Resolution was divided into part A for the Cook Settlement and part B for the Samuels settlement)

DIVIDED VOTE, on Resolution 223 Part A:

RESOLUTION APPROVING SETTLEMENT OF COOK V. MONTGOMERY COUNTY ET. AL.

WHEREAS, Cook v. Montgomery County is an outstanding lawsuit against Montgomery County; and

WHEREAS, a settlement has been proposed to finalize this matter; and

WHEREAS, the Montgomery County Legislature is desireous of entering into the proposed settlement.

NOW THEREFORE BE IT RESOLVED that the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into the settlement of Cook v. Montgomery County et al; and

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

 by Legislator Duchessi, seconded by Legislator Wilson, passed with Aye(8). Legislator Kelly was absent.(9/26/2017)

DIVIDED VOTE, on Resolution 223 Part B:

RESOLUTION APPROVING SETTLEMENT OF SAMUELS V. MONTGOMERY COUNTY ET. AL.

WHEREAS, Samuels v. Montgomery County is an outstanding lawsuit against Montgomery County; and

WHEREAS, a settlement has been proposed to finalize this matter; and

WHEREAS, the Montgomery County Legislature is desireous of entering into the proposed settlement.

NOW THEREFORE BE IT RESOLVED that the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into the settlement of Samuels v. Montgomery County et al; and

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

by Legislator Headwell, Jr., seconded by Legislator Pepe, passed with Aye(8). Legislator Kelly was absent.(9/26/2017)

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