AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
Tuesday, December 19, 2017
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

     B. Presentations 

VI. Communications

VII. Approval of Minutes

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
259

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HAYLOR, FREYER & COON FOR HEALTH INSURANCE BENEFIT ADMINISTRATION (PERSONNEL)

Pepe/Headwell, Jr.Move to Full Legislature
271

RESOLUTION AMENDING THE 2017 OPERATING BUDGET -MONTGOMERY COUNTY MANDATED FORENSIC BILLING (MENTAL HEALTH)

Wilson/PurtellMove to Full Legislature
272

RESOLUTION AMENDING THE 2018 OPERATING BUDGET (SOCIAL SERVICES)

Dimond/IsabelMove to Full Legislature
273

RESOLUTION AMENDING THE 2018 OPERATING BUDGET  (SOCIAL SERVICES)

Dimond/WilsonMove to Full Legislature
274

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR REVIEW OF AGRICULTURE AND FARMLAND PROTECTION PLAN UPDATE (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/PepeMove to Full Legislature
275

RESOLUTION ESTABLISHING NEGATIVE DECLARATION IN A SEQR DETERMINATION FOR REVIEW OF AGRICULTURE AND FARMLAND PROTECTION PLAN UPDATE (ECONOMIC DEVELOPMENT AND PLANNING)

Pepe/DimondMove to Full Legislature
276

RESOLUTION AMENDING THE 2017 OPERATING BUDGET- SURPLUS EQUIPMENT AUCTION (PUBLIC WORKS)

Kelly/DimondMove to Full Legislature
277

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN INSURANCE RENEWAL AGREEMENT - SANITARY DISTRICT

Dimond/SweetMove to Full Legislature
278

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN ASSIGNMENT (PUBLIC WORKS)

Pepe/SweetMove to Full Legislature
279

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH JOHN M. MCDONALD ENGINEERING P.C. TO PROVIDE ENGINEERING SERVICES FOR THE APPROVED PALATINE BRIDGE FORCEMAIN AIR RELIEF VALVE PROJECT (SANITARY DISTRICT)

Pepe/SweetMove to Full Legislature
280

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - NYS LOCAL GOV'T RECORDS MANAGEMENT IMPROVEMENT FUND GRANT (DATA PROCESSING)

Kelly/PepeMove to Full Legislature
281

RESOLUTION ADOPTING MONTGOMERY COUNTY AGRICULTURE AND FARMLAND PROTECTION PLAN UPDATE (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/PepeMove to Full Legislature
282

RESOLUTION AMENDING THE 2017 OPERATING BUDGET ACCEPTING STOP-DWI CRACKDOWN ENFORCEMENT AWARD (STOP-DWI)

Pepe/PurtellMove to Full Legislature
283

RESOLUTION RE-APPOINTING PUBLIC DEFENDER (PUBLIC DEFENDER)

Pepe/SweetMove to Full Legislature
284

RESOLUTION AMENDING THE 2018 OPERATING BUDGET TO FUND THE POSITION OF TECHNICIAN COMMUNICATION COORDINATOR (SHERIFF)

Pepe/DimondMove to Full Legislature
285

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)

Pepe/SweetMove to Full Legislature
286

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT FOR KRONOS - MM HAYES (PERSONNEL)

Pepe/WilsonMove to Full Legislature
287

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH HM LIFE INSURANCE COMPANY OF NEW YORK (PERSONNEL)

Pepe/SweetMove to Full Legislature
288

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH SAFETY NATIONAL FOR EXCESS WORKERS COMPENSATION COVERAGE (PERSONNEL)

Pepe/WilsonMove to Full Legislature
289

RESOLUTION AUTHORIZING FMCC CAMPUS CRITICAL MAINTENANCE PROJECT – CAMPUS LABS & CLASSROOMS – PHASE 1

Kelly/PepeMove to Full Legislature
290

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH D & L UTILITY SERVICES FOR FMCC ALLEN HOUSE PROJECT

Pepe/WilsonMove to Full Legislature
291

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, PC FOR SCHEMATIC DESIGN WORK ON FMCC CLASSROOM BUILDING LABS AND BATHROOMS RENOVATION PROJECT

Wilson/PepeMove to Full Legislature
292

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT FOR OPERATION AND MAINTENANCE OF THE NYS CANALWAY TRAIL (COUNTY EXECUTIVE)

Purtell/WilsonMove to Full Legislature
293

RESOLUTON SETTING THE DATE AND TIME OF THE 2018 ORGANIZATIONAL MEETING (COUNTY LEGISLATURE)

Kelly/PepeMove to Full Legislature
294

RESOLUTION AUTHORIZING INCREASE IN FEES - GENEALOGICAL & HISTORICAL RESEARCH AND ESTABLISHING A FEE SCHEDULE FOR DIGITAL IMAGES (HISTORY & ARCHIVES)

Kelly/PurtellMove to Full Legislature
295

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - OFFICE FOR THE AGING (COUNTY EXECUTIVE)

Sweet/WilsonMove to Full Legislature
296

RESOLUTON AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - CORNELL COOPERATIVE EXTENSION (COUNTY EXECUTIVE)

Kelly/DimondMove to Full Legislature
297

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - SOIL & WATER CONSERVATION DISTRICT (COUNTY EXECUTIVE)

Kelly/SweetMove to Full Legislature
298

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT – COUNTY-WIDE COST ALLOCATION PLAN SERVICES (COUNTY TREASURER)

Dimond/KellyMove to Full Legislature
299

RESOLUTION ADOPTING INTRODUCTORY LAW I (LOCAL LAW 9 OF 2017) - A LOCAL LAW AUTHORIZING LEASE AGREEMENTS BETWEEN CORNELL COOPERATIVE EXTENSION, FULMONT, THE STATE SENATE AND MONTGOMERY COUNTY

Kelly/WilsonMove to Full Legislature
300

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Kelly/IsabelMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 259 of 2017

DATED: November 28, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HAYLOR, FREYER & COON FOR HEALTH INSURANCE BENEFIT ADMINISTRATION (PERSONNEL)


Resolution by Legislator: Pepe
Seconded by: Headwell, Jr.

WHEREAS, the agreement with Haylor, Freyer & Coon is set to expire on December 31, 2017; and

WHEREAS, the Personnel Officer is recommending that the agreement with Haylor, Freyer & Coon be renewed.

WHEREAS, the Previous term of agreement was one year and the Personnel Officer Recommends a three year term to be consistent with our pharmacy administration agreement.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney to sign an agreement with Haylor, Freyer & Coon at a rate of $10.00 per employee per month.

FURTHER RESOLVED, said agreement shall be effective January 1, 2018 through December 31, 2020.

RESOLUTION VOTE, passed with Aye(9). (11/28/2017)



Attachment

Veto Message from the County Executive

Statement of Legislative and Financial Impact:

I. Nature of Request:

 

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HAYLOR, FREYER & COON TO PROVIDE HEALTH INSURANCE BENEFIT ADMINISTRATION


II. Justification:

 

Haylor, Freyer & Coon provide benefit administration as wells as a various of services for Montgomery County such as assisting the county in managing risk and cost of the employee health benefit coverage.


III. Legislative Impact:

 

Pursuant to Article 3 of the Montgomery County Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

 

Montgomery County's will see an increase for its current Consultant, Haylor, Freyer & Coon in the amount of $.10 per employee per month for this renewal.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 271 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET -MONTGOMERY COUNTY MANDATED FORENSIC BILLING (MENTAL HEALTH)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, the Mental Health Department has  increased expenses for Court Ordered mental health services in the Mental Health Department account; and

WHEREAS, Montgomery County is required to pay half the cost of individiuals ordered into state operated forensic mental health centers; and

WHEREAS, the 2017 Operating budget for the Mental Health Department only appropriated $51,000 for such expenses and those funds have been expended; and

WHEREAS, the NYS Office of Mental Health has vouchered Montgomery County an additional $45,000.00.

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

INCREASE     
A599 Appropriated Fund Balance $45,000.00
     
TRANSFER TO:    
A-17-4-4320-00-.4433  Court Related Expenses $45,000.00

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Request to amend the 2017 Operating Budget

 


II. Justification:

Montgomery County is required to pay half the cost of individiuals ordered into state operated forensic mental health centers resulting in the need for an increase the Court Related Expenses fund A-17-4-4320-00.4433 of $45,000.00

 


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make such appropriations

 


IV. Financial Impact:

The Contingency Account/Fund Balance will be charged $45,000.00



cc: County Clerk
County Treasurer
Mental Health Director




Montgomery County Seal!RESOLUTION NO. 272 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2018 OPERATING BUDGET (SOCIAL SERVICES)


Resolution by Legislator: Dimond
Seconded by: Isabel

WHEREAS,  Resolution 254 of 2017 established the positions for three Part Time Fraud Investigators; and 

WHEREAS, the 2018 Operating Budget needs to be revised to reflect these new positions.

RESOLVED, tthat the County Treasurer is hereby authorized and directed to amend the 2018 Operating budget, effective January 1, 2018, as follows:

TRANSFER FROM:     
A-18-4-6010-00-.4438  Miscellaneous Service Fee $38,896.00
     
TRANSFER TO:    
A-18-4-6010-00-.1120 (NEW)  PT Fraud Investigators $38,896.00

FURTHER RESOLVED, this resolution shall take effect January 1, 2018.                             

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The Department is requesting that the $38,896.00 of funds set aside from the Contractual line A.18-4-6010-00-4438 be used to change the status of and fund 3 Part Time Fraud Investigators which covers the cost for the 2018 budget year.


II. Justification:

A PT Fraud Investigator works in conjunction with the Fraud Unit to recover monies that were fraudulently paid out to clients.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Funds will be transferred from miscellaneous services to cover the positions.



cc: County Clerk
County Treasurer
Commissioner of Social Services




Montgomery County Seal!RESOLUTION NO. 273 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2018 OPERATING BUDGET  (SOCIAL SERVICES)


Resolution by Legislator: Dimond
Seconded by: Wilson

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget as follows:

TRANSFER FROM:     
A-18-4-6010-00-.1110 (1196)  Sr. Medical Audit Clerk $15,724.00
     
TRANSFER TO:     
A-18-4-6010-.1110 (514) Social Welfare Examiner $2,087.00
A-18-4-6010-00-.1110 (885)  DSS Attorney $8,579.00
A-18-4-6010-00-.1120 (276)  DSS Attorney - PT $5,058.00

FURTHER RESOLVED, this resolution shall take effect January 1, 2018.

 

 

 

 

           

                                              

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AMENDING THE 2018 OPERATING BUDGET 


II. Justification:

Salary adjustments that were not reflected in the adopted budget


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter the legislature has the power to make appropriations


IV. Financial Impact:

The request for transfer will be 100% funded with Federal dollars and as opposed to prior whereby the position was only funded 50% Federal dollars and 50% State dollars. Total reimbursement of line 514 will be $34,776.00 of which 100% is Federal dollars.

Line numbers A-18-4-6010-00-1110 (885) and A-18-4-6010-00-1120-(276) will be funded 55% Federal dollars ($42,350 & $34,841) , 21% State dollars ($16,170 & $13,303)  and 24% Local dollars ($18,480 & $15,203). 



cc: County Clerk
County Treasurer
Commissioner of Social Services




Montgomery County Seal!RESOLUTION NO. 274 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR REVIEW OF AGRICULTURE AND FARMLAND PROTECTION PLAN UPDATE (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, agriculture in Montgomery County is a dominant driver of the local economy; and

WHEREAS, the success of local agricultural businesses is integral to the stability of Montgomery County’s employment base; and

WHEREAS, Montgomery County was awarded a New York State Department of Agriculture and Markets grant in order to update the over fifteen year old existing Agricultural and Farmland Protection Plan; and

WHEREAS, the formulation and update of the County Agricultural and Farmland Protection Plans is an important means of supporting agricultural businesses; and

WHEREAS, the duties of the Montgomery County Agriculture and Farmland Protection Board, established in accordance with Article 25-AA, Section 302, of the New York State Agriculture and Markets Law, include assessment and approval of County Agricultural and Farmland Protection Plans; and

WHEREAS, the Montgomery County Agriculture and Farmland Protection Board has reviewed the draft County Agricultural and Farmland Protection Plan and has referred the plan to the County Legislature.

WHEREAS, the County Legislature held a public hearing on the update of the plan on November 28, 2017; 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(9). (12/19/2017)



Click here for resolution attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution declares the intent of the County Legislature to act as Lead Agency for the adoption of the Montgomery County Agricultural and Farmland Protection Plan


II. Justification:

Adoption of Ag and Farmland Protection Plan is subject to the provisions of the State Environmental Quality Review Act


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer
Economic Development/Planning Director




Montgomery County Seal!RESOLUTION NO. 275 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION ESTABLISHING NEGATIVE DECLARATION IN A SEQR DETERMINATION FOR REVIEW OF AGRICULTURE AND FARMLAND PROTECTION PLAN UPDATE (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, agriculture in Montgomery County is a dominant driver of the local economy; and

WHEREAS, the success of local agricultural businesses is integral to the stability of Montgomery County’s employment base; and

WHEREAS, Montgomery County was awarded a New York State Department of Agriculture and Markets grant in order to update the over fifteen year old existing Agricultural and Farmland Protection Plan; and

WHEREAS, the formulation and update of the County Agricultural and Farmland Protection Plans is an important means of supporting agricultural businesses; and

WHEREAS, the duties of the Montgomery County Agriculture and Farmland Protection Board, established in accordance with Article 25-AA, Section 302, of the New York State Agriculture and Markets Law, include assessment and approval of County Agricultural and Farmland Protection Plans; 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 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 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(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution establishes Negative Declaration in association with the adoption of the Montgomery County Agriclural and Farmland Protection Plan.


II. Justification:

A determination of SEQR is required in order to take action on said report.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

The duties of the Montgomery County Agriculture and Farmland Protection Board, established in accordance with Article 25-AA, Section 302, of the New York State Agriculture and Markets Law, include assessment and approval of County Agricultural and Farmland Protection Plans.  There is no financial impact based on this resolution.



cc: County Clerk
County Treasurer
Economic Development/Planning Director




Montgomery County Seal!RESOLUTION NO. 276 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET- SURPLUS EQUIPMENT AUCTION (PUBLIC WORKS)


Resolution by Legislator: Kelly
Seconded by: Dimond

WHEREAS, the Montgomery County Department of Public Works held a surplus equipment auction from October 11, 2017, through October 27, 2017; and

WHEREAS, a total sum of $13,770.00 was raised from the auction;, and

WHEREAS, the Montgomery County Department of Public Works Commissioner is requesting said revenue from sale be added to the DM Fund (road machinery fund); and

WHEREAS, the Montgomery County Department of Public Works has a need to replace equipment;

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

INCREASE REVENUES:     
DM-12-3-2665  Sale of Equipment $13,770.00
     
INCREASE APPROPRIATIONS:    
DM-12-4-5130-00-.2230 Motor Vehicle Equipment $13,770.00

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

 AMENDING THE 2017 OPERATING BUDGET- SURPLUS EQUIPMENT AUCTION


II. Justification:

Equipment sold in the October auction was that of the Department of Public Works surplus, and there is a need to replace equipment in the department.  Equipment to be replaced is a diesel fired pressure washer for equipment maintenance.


III. Legislative Impact:

Pursuant to Article 2 of the Charter of Montgomery County Legislature has the power to make appropriations. Pursuant to Highway Law Section 133 proceeds from the sale of highway equipment must be credited to the road machinery fund.


IV. Financial Impact:

There is no financial impact to the county budget, as the revenue came from sale of surplus equipment within the Department of Public Works.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 277 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN INSURANCE RENEWAL AGREEMENT - SANITARY DISTRICT


Resolution by Legislator: Dimond
Seconded by: Sweet

WHEREAS, a majority of the Montgomery County Sanitary District No.1 Board of Directors recommends binding insurance coverage for property, general liability, automoblie, excess catastrophy, inland marine, and crime policies with NYMIR for 2018 at a cost not to exceed $21,628.44; and

WHEREAS, NBT Mang Insurance - William Van Gorder is named as broker of record.

RESOLVED, upon review and approval of the County Attorney, the County Executive is hereby authorized and directed to sign the renewal agreement.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

To authorize the County Executive to sign insurance renewal agreement with NYMIR on behalf of the Montgomery County Sanitary District No.1.


II. Justification:

To provide insurance coverage for the Montgomery County Sanitary District No.1 for 2018


III. Legislative Impact:

Pursuant to Article 3 of the Montgomery County Charter the Montgomery County Executive has the power to enter into contracts.


IV. Financial Impact:

Budgeted 2018.



cc: County Clerk
County Treasurer
Montgomery County Sanitary District #1




Montgomery County Seal!RESOLUTION NO. 278 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN ASSIGNMENT (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, Resolution 181 of 2017 authorized the Montgomery County Executive 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; and

WHEREAS, the terms awarded by the National Joint Powers Alliance included authorizing the agreement to be assigned to a jobber to manage the shop.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is authorized to execute an assignment of the agreement with Genuine Parts Company with Frank Greco, provided that if Frank Greco fails to perform Genuine Parts Company agrees to reassume performance of the Agreement.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authoirzing the Montgomery County Executive to authorize an assignment.


II. Justification:

The terms awarded by the National Joint Powers Alliance included authorizing the agreement to be assigned to a jobber to manage the shop.


III. Legislative Impact:

Pursuant to Article 3 of the  Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

 The County will realize an annual savings on parts purchasing at an estimate of $92,000.  Parts are purchased from Genuine Parts Company at a net 10% profit.  The county will benefit by a reduction of employee hours spent on the road as well as fuel and vehicle maintenance.  The program is part of the Shared Services intiative with other municipalities in the county.



cc: County Clerk
County Treasurer
Public Works




Montgomery County Seal!RESOLUTION NO. 279 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH JOHN M. MCDONALD ENGINEERING P.C. TO PROVIDE ENGINEERING SERVICES FOR THE APPROVED PALATINE BRIDGE FORCEMAIN AIR RELIEF VALVE PROJECT (SANITARY DISTRICT)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, Resolution # 184 of 2017 authorizes McDonald M. Engineering P.C. to perform a study to evaluate the Fort Plain Pump Station and the Palatine Bridge Pump Station and force main air valves; and

WHEREAS, the study on the Palatine Bridge Forcemain Air valves is complete, and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors recommends retaining the services of John M. McDonald Engineering P.C. to prepare design specifications, solicit bids, and oversee said project at a cost not to exceed $18,000.00; and

WHEREAS, the aforementioned work is a professional service.

RESOLVED, the County Executive is hereby authorized and directed, upon the review and approval of the County Attorney, to execute an agreement with John M. McDonald Engineering P.C. to provide design specifications, solicit bids in accordance with municipal bidding procedures, and oversee said projects.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

To authorize the County Executive to execute an agreement with John M. McDonald Engineering, P.C. to provide engineering services for the approved Palatine Bridge forcemain air relief valve project.


II. Justification:

Professional engineering services are needed to prepare design specifications, solicit bids, and oversee project.


III. Legislative Impact:

Pursuant to Article 3 of the Montgomery County Charter the County Executive has the authority to execute contracts.


IV. Financial Impact:

Funds are part of the 2017 budget



cc: County Clerk
County Treasurer
Montgomery County Sanitary Sewer District




Montgomery County Seal!RESOLUTION NO. 280 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET - NYS LOCAL GOV'T RECORDS MANAGEMENT IMPROVEMENT FUND GRANT (DATA PROCESSING)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, Montgomery County received a 2016-2017 NYS local gov't records management improvement fund grant award for a shared services project scanning records for the City of Amsterdam, Town of Amsterdam, Town of Florida and Montgomery County for import into the Laserfiche electronic management system (resolution #262 of 2016 and resolution #72 of 2017); and

WHEREAS, it is necessary to transfer funds in order to complete the grant.

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

TRANSFER FROM:     
A-14-4-1680-00.4431  Professional Services  $7,908.00
     
TRANSFER TO:    
A-14-4-1680-00.4459   Computer Software  $7,908.00

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

We need to purchase additional user licenses.  An appropriation is needed to expend these funds.


II. Justification:

We need to purchase additional user licenses. An appropriation is needed to expend these funds.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Lateral move within the budget.



cc: County Clerk
County Treasurer
Data Processing Director




Montgomery County Seal!RESOLUTION NO. 281 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING MONTGOMERY COUNTY AGRICULTURE AND FARMLAND PROTECTION PLAN UPDATE (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, Montgomery County was awarded a New York State Department of Agriculture and Markets grant in order to update the over fifteen year old existing Agricultural and Farmland Protection Plan; and

WHEREAS, the formulation and update of the County Agricultural and Farmland Protection Plans is an important means of supporting agricultural businesses; and

WHEREAS, the duties of the Montgomery County Agriculture and Farmland Protection Board, established in accordance with Article 25-AA, Section 302, of the New York State Agriculture and Markets Law, include assessment and approval of County Agricultural and Farmland Protection Plans; and

WHEREAS, the Montgomery County Agriculture and Farmland Protection Board has reviewed the draft County Agricultural and Farmland Protection Plan and has referred the plan to the County Legislature.

WHEREAS, a public hearing concerning the proposed update was conducted on Tuesday, December 19, 2017,

RESOLVED, that the proposed action will not have a significant adverse environmental impact, and therefore an environmental impact statement will not be required,

FURTHER RESOLVED, that the Director of Economic Development hereby is authorized and directed to submit said plan, and related documentation, to the Commissioner of the Department of Agriculture and Markets for certification.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes adoption of the Montgomery County Agricultural and Farmland Protection Plan update.


II. Justification:

Existing Ag. Plan is 15 years old and plan will support one of the largest industries in the County.


III. Legislative Impact:

Authorized Pursant to Article II of the Charter.


IV. Financial Impact:

The duties of the Montgomery County Agriculture and Farmland Protection Board, established in accordance with Article 25-AA, Section 302, of the New York State Agriculture and Markets Law, include assessment and approval of County Agricultural and Farmland Protection Plans. There is no financial impact.



cc: County Clerk
County Treasurer
Economic Development/Planning Director




Montgomery County Seal!RESOLUTION NO. 282 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2017 OPERATING BUDGET ACCEPTING STOP-DWI CRACKDOWN ENFORCEMENT AWARD (STOP-DWI)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the NYS STOP-DWI Foundation Board was successful in securing funding from the Governor's Traffic Safety Committee to continue crackdown enforcement during the grant cycle of October 1, 2017 through September 30, 2018; and

WHEREAS, the Montgomery County STOP-DWI program has been awarded a Crackdown Enforcement award in the amount of $10,000 for use in Montgomery County for sobriety checkpoints and/or roving patrols during the grant cycle.

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

INCREASE REVENUES:     
A-32-3-3089  State Aid - Other $3,000.00 
     
INCREASE APPROPRIATIONS:     
A-32-4-3315-00-.4520  STOP-DWI/Law Enforcement Programs  $3,000.00

     

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Amend the 2017 Operating Budget in order to utilize State Aid funds awarded for Crackdown Enforcement. 


II. Justification:

Amend the 2017 Operating Budget in order to utilize State Aid funds awarded for Crackdown Enforcement. 


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Increase Revenues $3,000

Increase Approprations $3,000



cc: County Clerk
County Treasurer
Stop DWI Coordinator




Montgomery County Seal!RESOLUTION NO. 283 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION RE-APPOINTING PUBLIC DEFENDER (PUBLIC DEFENDER)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, pursuant to §3.02 and §3.03 of the Montgomery County Charter, the County Executive has the power to make appointments; and

WHEREAS, pursuant to §12.04 of the Montgomery County Charter,  there shall be a Public Defender's Office - Legal counsel to indigent defendants; and

WHEREAS, the Public Defender shall be appointed by the County Executive, subject to confirmation by the County Legislature and serve for a four-year term; and

WHEREAS, the County Executive appointed William Martuscello, Esq. as the Public Defender on the basis of his legal experience and other qualifications; and

WHEREAS, William Martuscello, Esq. is duly licensed and entitled to practice law in the State of New York; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of William Martuscello, Esq.; and

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature; and

WHEREAS, Montgomery County conferred the benefits of defense and indemnification of its officers and employees pursuant to Section 18 of the Public Officers Law by the adoption of Local Law #2 of 1984.

RESOLVED, that the County Legislature confirms the appointment of William Martuscello, Esq. as Public Defender effective January 1, 2018 with a base salary  of $81,375, Grade K in 2018, for a four year term; and

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon  William Martuscello, Esq. as the Public Defender for any acts or omissions while acting within the scope of his duties.

 

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Confirmation by the County Legislature of the County Executive's appointment of William Martuscello, Esq. as the Public Defender


II. Justification:

Article 12 of the Montgomery County Charter dictates that there shall a Public Defender's Office - Legal counsel to indigent defendants and a Public Defender shall be appointed by the County Executive, subject to confirmation by the County Legislature and serve for a four-year term


III. Legislative Impact:

Pursuant to pursuant to §12.04 of the Montgomery County Charter there shall be a Public Defender's Office - Legal counsel to indigent defendants and a Public Defender shall be appointed by the County Executive, subject to confirmation by the County Legislature and serve for a four-year term


IV. Financial Impact:

This position was budgeted for in the 2018 Operating Budget



cc: County Clerk
County Treasurer
Public Defender




Montgomery County Seal!RESOLUTION NO. 284 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2018 OPERATING BUDGET TO FUND THE POSITION OF TECHNICIAN COMMUNICATION COORDINATOR (SHERIFF)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, the Sheriff has requested to fund the position of Technical Communications Coordinator in the E911 budget to oversee the everyday needs of the software systems in the E911 center and to coordinate upgrades and new procedures with staff and

WHEREAS, the additional cost of funding this title change be funded by E911 Revenue funds.

RESOLVED, the County Treasurer is authorized and directed to amend the 2018 Operating Budget as follows:

INCREASE REVENUES:     
A-15-3-1140-14  E911 Public Safety $4,805
     
TRANSFER FROM:     
A-5-4-3020-1110 (1413) Dispatcher  $36,068
     
TRANSFER TO:     
A-15-4-3020-1110 (729)  Technical Communications Coordinator  $40,873

 FURTHER RESOLVED, this resolution becomes effective January 1, 2018.

     

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To fund the position of Technical Communications Coordinator, which is needed in E911.


II. Justification:

This position is need due to the everyday needs of the programs, updates and as a contact for the venders used in E911.  


III. Legislative Impact:

It is required by the Legislators to approve the changes in the budget.


IV. Financial Impact:

There is a $4,800 increase in the budget which is covered by E911 revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 285 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, pursuant to Section 135A of the Highway Law, the Montgomery County Legislature hereby authorizes and directs to the County Executive, upon review and approval of the County Attorney to enter into agreements with the City of Amsterdam, Village of St. Johnsville and the ten towns located in Montgomery County for control of snow and ice on County roads; and

RESOLVED, payment for the work to be performed under the terms of said agreements for snow and ice control shall be at the rate of $5,700 per centerline mile for January 1, 2018 - December 31, 2018.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS


II. Justification:

Authorized pursuant to Section 135A of the Highway Law


III. Legislative Impact:

Authorized pursuant to Section 135A of the Highway Law.  Pursuant to Article 3 of the Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

Budgeted in the 2018 Budget at $2,250,246 total cost of snow and ice control contracts per this resolution.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 286 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT FOR KRONOS - MM HAYES (PERSONNEL)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the Personnel Officer has recommended to re-enter an agreement with MM HAYES for Kronos software update and maintenance.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval by the County Attorney, to sign a three year contract of the KRONOS time system maintenance agreement with M.M. Hayes at a cost not to exceed $5,100.00 monthly.

FURTHER RESOLVED, said agreement is for the period commencing on January 1, 2018 and ending on December 31, 2020.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Maintenance and upgrade of the Time Keeper Terminals/System.


II. Justification:

M.M.Hayes has provided Maintenance to the Time Keeper system for the County previously and the Personnel Officer recommends re-entering the agreement as they are familiar with the county process and functions.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the power to sign contracts.


IV. Financial Impact:

This is a three year agreement that will be paid in monthly installments of $5100.00 for the updates to software, hardware of the KRONOS time system as well as maintenance of the system. At the end of 36 Months, the cost will reduce to annual maintenance of the system.  This is included in 2018 Operating Budget.



cc: County Clerk
County Treasurer
Personnel Officer




Montgomery County Seal!RESOLUTION NO. 287 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH HM LIFE INSURANCE COMPANY OF NEW YORK (PERSONNEL)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, it have been recommended by the Personnel Officer that Montgomery County continue to participate with HM Life for medical and RX stop loss coverage; and

WHEREAS, stop loss coverage applies in the event individual claims reach $200,000.

RESOLVED, that the County Executive, following the review and approval by the County Attorney is authorized and directed to sign an agreement with HM Life Insurance Company of New York for the provision of the specific coverage at a cost not to exceed $262,011; and

FURTHER RESOLVED, that said agreement shall be effective January 1, 2018 through December 31, 2018. 

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

PARTICIPATE WITH HM LIFE FOR MEDICAL and RX STOP LOSS COVERAGE


II. Justification:

HM LIFE FOR PROVIDES MEDICAL and RX STOP LOSS COVERAGE IN THE EVENT INDIVIDUAL CLAIMS REACH $200,000.


III. Legislative Impact:

PURSUANT TO SECTION 2.04 (B) OF THE CHARTER THE MONTGOMERY COUNTY LEGISLATURE HAS THE POWER TO MAKE APPROPRIATIONS


IV. Financial Impact:

AGREEMENT WITH HM LIFE INSURANCE COMPANY OF NEW YORK FOR THE PROVISION OF THE SPECIFIC COVERAGE WILL BE AT A COST NOT TO EXCEED $262,011AND SAID AGREEMENT SHALL BE EFFECTIVE JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018. This is an increase of $12,473 over 2017.



cc: County Clerk
County Treasurer
Personnel Officer




Montgomery County Seal!RESOLUTION NO. 288 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH SAFETY NATIONAL FOR EXCESS WORKERS COMPENSATION COVERAGE (PERSONNEL)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, quotes were received for excess Workers Compensation Coverage and it has been recommended by the Personnel Officer that Montgomery County continue to participate with Safety National for excess workers compensation coverage; and

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval from the County Attorney , to sign said renewal agreement with Safety National for an amount not to exceed $199,188.00.

FURTHER RESOLVED, that said renewal agreement shall be effective January 1, 2018 ending December 31, 2018.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

PARTICIPATE WITH SAFETY NATIONAL TO PROVIDES MONTGOMERY COUNTY WITH EXCESS WORKERS COMPENSATION COVERAGE.


II. Justification:

SAFETY NATIONAL PROVIDES MONTGOMERY COUNTY WITH EXCESS WORKERS COMPENSATION COVERAGE IN THE EVENT OF INDIVIDUAL LARGE CLAIMS.


III. Legislative Impact:

PURSUANT TO SECTION 2.04 (B) OF THE CHARTER THE MONTGOMERY COUNTY LEGISLATURE HAS THE POWER TO MAKE APPROPRIATIONS


IV. Financial Impact:

AGREEMENT WITH SAFETY NATIONAL FOR EXCESS WORKERS COMPENSATION COVERAGE WILL BE AT A COST NOT TO EXCEED

$119,188.00. This is a slight reduction over last year.



cc: County Clerk
County Treasurer
Personnel Officer




Montgomery County Seal!RESOLUTION NO. 289 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING FMCC CAMPUS CRITICAL MAINTENANCE PROJECT – CAMPUS LABS & CLASSROOMS – PHASE 1


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, the Fulton Montgomery Community College Board of Trustees has recommended that the Campus Labs and Classrooms Phase 1 project be undertaken at Fulton Montgomery Community College; and 

WHEREAS, the College proposes completion of said project utilizing monies from New York State 50% Match Funds and the County Sponsors as follows:

NYS 50% MATCHING FUNDS  $500,000.00
SPONSOR MATCH - FULTON $250,000.00
SPONSOR MATCH - MONTGOMERY $250,000.00
TOTAL $1,000,000.00

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby approves the Campus Labs and Classrooms Project Phase 1 at Fulton Montgomery Community College at a cost not to exceed $1,000,000.00; and 

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

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING FMCC CAMPUS CRITICAL MAINTENANCE PROJECT – CAMPUS LABS & CLASSROOMS – PHASE 1


II. Justification:

 Fulton Montgomery Community College Board of Trustees has recommended that the Campus Labs and Classrooms Phase 1 project be undertaken at Fulton Montgomery Community College.


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

Included in the FMCC Capital Plan



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 290 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH D & L UTILITY SERVICES FOR FMCC ALLEN HOUSE PROJECT


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the FMCC Allen House Project is being constructed with no dollars from Montgomery and Fulton Counties, and 

WHEREAS, Resolution #133 of 2017 authorized the County Executive to execute certain Agreements for the FMCC Allen House Project, and

WHEREAS, one of these Agreements was with D & L Utility Services to provide electrical work, and 

WHEREAS, FMCC needs to pay for unanticipated asbestos removal costs during installation of cable in underground duct 

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed to execute Change Order No. 2 in the amount of $1,000 with D & L Utility Services, and be it further 

RESOLVED, that D & L Utility Services’ revised contract amount will now be: 

ORIGINAL CONTRACT AMOUNT:  $230,000.00
CHANGE ORDER NO. 1:(+) $8,500.00
 CHANGE ORDER NO. 2:(+) $2,000.00
REVISED CONTRACT AMOUNT: $240,500.00

                  

                  

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Kelly,  to change the NOW THEREFORE BE IT RESOLVED clause to reflect the amount of $2,000 to be consistent with the RESOLVED clause

passed with Aye(9).(12/19/2017)

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH D & L UTILITY SERVICES FOR FMCC ALLEN HOUSE PROJECT


II. Justification:

FMCC needs to pay for unanticipated asbestos removal costs during installation of cable in underground duct 


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

2017 FMCC Capital Plan



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 291 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, PC FOR SCHEMATIC DESIGN WORK ON FMCC CLASSROOM BUILDING LABS AND BATHROOMS RENOVATION PROJECT


Resolution by Legislator: Wilson
Seconded by: Pepe

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, and 

WHEREAS, FMCC is recommending that Amendment No. 1 to JMZ’s Agreement be approved to have JMZ: 

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed to execute Amendment No. 1 to an Agreement with JMZ Architects and Planners, PC in the amount of $2,100 to perform this work.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH JMZ ARCHITECTS AND PLANNERS, PC FOR SCHEMATIC DESIGN WORK ON FMCC CLASSROOM BUILDING LABS AND BATHROOMS RENOVATION PROJECT


II. Justification:

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


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

Included in FMCC Capital Plan



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 292 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT FOR OPERATION AND MAINTENANCE OF THE NYS CANALWAY TRAIL (COUNTY EXECUTIVE)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, per Resolution 238 of 1986, the County entered into a 25-year agreement with the State Office of Parks, Recreation, and Historic Preservation for the purposes of maintenance of the former West Shore RR Right-of-Way by the County (commonly referred to as the NYS Canalway Trail); and

WHEREAS, per Resolution 69 of 2012 this agreement was converted to a 5 year agreement with a term of May 10, 2012 through May 9, 2017 ; and

WHEREAS, this agreement has expired and New York State Office of Parks, Recreation and Historic Preservation has extended an offer to Montgomery County to continue the agreement for an additional five years pursuant to Article 1 of the Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is authorized and directed to extend the 5 year agreement with New York State Office of Parks, Recreation, and Historic Preservation for the purposes of maintenance of the NYS Canalway Trail for an additional five years, commencing on May 10, 2017.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT FOR OPERATION AND MAINTENANCE OF THE NYS CANALWAY TRAIL


II. Justification:

The current agreement with the State has expired.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Executive has the authority to enter into contracts. Pursuant to General Municipal Law 119-o municipalities can enter into agreements for the performance of one or more of their respective functions.


IV. Financial Impact:

Typically grant funding is used to maintain the trail.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 293 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTON SETTING THE DATE AND TIME OF THE 2018 ORGANIZATIONAL MEETING (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, pursuant to the Montgomery County Charter § 2.05, the County Legislature shall on the first Tuesday, after the first Monday in January of each year, meet and organize by election from among its members a Chair, a Deputy Chair and such other legislative officials as it deems appropriate. The Chair shall appoint members of the County Legislature to serve on such legislative committees as are provided by the rules of the County Legislature.

RESOLVED, that the Clerk of the Legislature shall give notice that the Organizational Meeting for the Montgomery County Legislature is hereby scheduled for January 2, 2017 at 6:00 pm in the Legislative Chambers, 64 Broadway, Fonda, NY.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

SETTING THE DATE AND TIME OF THE 2018 ORGANIZATIONAL MEETING


II. Justification:

The County Legislature shall meet and organize by election from among its members a Chair, a Deputy Chair and such other legislative officials as it deems appropriate. The Chair shall appoint members of the County Legislature to serve on such legislative committees as are provided by the rules of the County Legislature.


III. Legislative Impact:

Authorized pursuant to the Montgomery County Charter Article 2.05


IV. Financial Impact:

none



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 294 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING INCREASE IN FEES - GENEALOGICAL & HISTORICAL RESEARCH AND ESTABLISHING A FEE SCHEDULE FOR DIGITAL IMAGES (HISTORY & ARCHIVES)


Resolution by Legislator: Kelly
Seconded by: Purtell

WHEREAS, the current fee charged by the Montgomery County Department of History & Archives for genealogical research activities has been $20.00 per hour by Resolution No. 232 of 2004, which took effect January 1, 20005, and

WHEREAS, since 2005, costs associated with conducting such research have increased -- especially with regard to personnel and operating expenditures, and

WHEREAS, the County Historian/RMO has made recommendation that the rate be increased to $25.00 per hour, and

WHEREAS, Montgomery County Department of History & Archives currently does not have a fee schedule for selling of digital images, and

WHEREAS, the County Historian/RMO has recommended that the attached fee schedule be established for selling of digital images on request,

RESOLVED, that the Montgomery County Legislature does hereby authorize the Montgomery County Department of History & Archives to charge $25.00 per hour for genealogical and historical research activities, effective January 1, 2018, and

FURTHER RESOLVED, that the Montgomery County Legislature authorizes the Montgomery County Department of History & Archives to implement the attached fee schedule for selling of digital images, also effective January 1, 2018.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

The Department of History & Archives is requesting an increase in the fee for genealogical and historical research charged to patrons unable to visit the department.  


II. Justification:

The fee for Department of History & Archives staff to conduct research on behalf of patrons unable to visit the department has only increased $5.00 per hour since 1988 when it was raised in 2005 to $20.00 per hour. Also, an established fee schedule will be easily implemented and followed upon request for digital images.


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter the Legislature has the authority to exercise all powers of local legislation in relation to enacting legalizing acts or resolutions.


IV. Financial Impact:

Will result in an increase of revenue for the Dept. of History & Archives.



cc: County Clerk
County Treasurer
History and Archives




Montgomery County Seal!RESOLUTION NO. 295 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - OFFICE FOR THE AGING (COUNTY EXECUTIVE)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, Office for the Aging, Inc. provides services to the Montgomery County residents, age 60 and older, who meet eligibility criteria; and

WHEREAS, Montgomery County and Office for the Aging, Inc. share a mutual concern for the well-being of the residents; and

WHEREAS, the Montgomery County Legislature has budgeted funds to assist Office for the Aging in maintaining programs to benefit said residents, in an amount not to exceed $287,000.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, to sign an agreement with Office for the Aging, Inc. in the amount of $287,000.

FURTHER RESOLVED, said contract shall be effective January 1, 2018 - December 31, 2018.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - OFFICE FOR THE AGING


II. Justification:

The Montgomery County Legislature has budgeted funds to assist Office for the Aging, Inc. in maintaining programs to benefit said residents, in an amount not to exceed $287,000


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the power to sign contracts.


IV. Financial Impact:

$287,00 budgeted for 2018



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 296 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTON AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - CORNELL COOPERATIVE EXTENSION (COUNTY EXECUTIVE)


Resolution by Legislator: Kelly
Seconded by: Dimond

WHEREAS, the 2018 Operating Budget includes appropriations of $75,000 for the Cornell Cooperative Extension of Fulton and Montgomery Counties to provide funds to assist said agency in maintaining programs to benefit Montgomery County residents.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to execute an agreement with Cornell Cooperative Extension of Fulton and Montgomery Counties for services provided under Subdivision 8 of Section 224 of County Law of the State of New York at a cost not to exceed $75,000.

FURTHER RESOLVED, said contract shall be effective January 1, 2018 - December 31, 2018.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - CORNELL COOPERATIVE EXTENSION


II. Justification:

To provide funds to assist said agency in maintaining programs to benefit Montgomery County residents.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the power to sign contracts.


IV. Financial Impact:

$75,000 budgeted for 2018



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 297 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - SOIL & WATER CONSERVATION DISTRICT (COUNTY EXECUTIVE)


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, the 2018 Operating Budget includes appropriations of $112,400 for the Montgomery County Soil and Water Conservation District in accordance with Section 223 of County Law to provide funds to assist said agency in maintaining said District under the provisions of the New York State Soil Conservation District Law,

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to execute agreements with the Montgomery County Soil and Water Conservation District for services at a cost not to exceed $112,400.

FURTHER RESOLVED, said contract shall be effective January 1, 2018 - December 31, 2018.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - SOIL & WATER CONSERVATION DISTRICT


II. Justification:

To provide funds to assist Soil & Water in maintaining said District under the provisions of the New York State Soil Conservation District Law


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the power to sign contracts.


IV. Financial Impact:

$112,400 budgeted in the 2018 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 298 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT – COUNTY-WIDE COST ALLOCATION PLAN SERVICES (COUNTY TREASURER)


Resolution by Legislator: Dimond
Seconded by: Kelly

WHEREAS, a proposal for County-Wide Cost Allocation Plan services was received for the years ending on December 2017, 2018 and 2019.

RESOLVED,  that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign said agreement with Venesky & Company of Cicero, NY, and

FURTHER RESOLVED, that said agreement shall be for a three-year period, with annual fees, as follows:

2017   $11,000.00
2018   $11,000.00
2019   $11,000.00

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorization to sign three year contract


II. Justification:

Contract to perform mandated Cost Allocation Plan for County with no increase in fees from previous contract


III. Legislative Impact:

Approval required for multi-year contract


IV. Financial Impact:

Cost is $11,000 per year (budgeted in 2018 Adopted Budget) - no increase over previous 3 years.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 299 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LAW I (LOCAL LAW 9 OF 2017) - A LOCAL LAW AUTHORIZING LEASE AGREEMENTS BETWEEN CORNELL COOPERATIVE EXTENSION, FULMONT, THE STATE SENATE AND MONTGOMERY COUNTY


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, Montgomery County is not currently utilizing all of the space in the Annex Building; and

WHEREAS, Montgomery County wishes to lease this property to other entities that benefit the public.

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 I (Local Law 9) of 2017 hereby is submitted to the Legislature of the County of Montgomery for consideration:

LAW I (LOCAL LAW 9 OF 2017) - A LOCAL LAW AUTHORIZING LEASE AGREEMENTS BETWEEN CORNELL COOPERATIVE EXTENSION, FULMONT, SENATOR AMEDORE’S OFFICE 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 enter into leases with Cornell Cooperative Extension, State Senate, and Fulmont space in the Montgomery County Office Buildings.

SECTION 2.   That the space to be leased is located in the Annex Building.

SECTION 3.  That the lands described in Section 2 are not being used by the County for ordinary county purposes.

SECTION 4. 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.

SECTION 5.  That the lands described in Section 2 may be leased to Cornell Cooperative Extension, State Senate, and Fulmont without advertising or competitive bidding.

SECTION 6.  That rent to Cornell Cooperative Extension shall be waived as a portion of the County’s annual support and maintenance. That annual rent payments to the State Senate shall be waived as a cooperative provision of services to Montgomery County residents.

That rent between Fulmont to Montgomery County shall be as follows:

            Due January 30, 2018:            $120.00 

SECTION 7.  That the County Executive be, and hereby is, authorized to sign leases for a term of three years between Montgomery County and Cornell Cooperative Extension, State Senate, and Fulmont.

SECTION 8.  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 9.  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. 



Statement of Legislative and Financial Impact:

  1. Nature of Request:

AUTHORIZING LEASE AGREEMENTS BETWEEN CORNELL COOPERATIVE EXTENSION, FULMONT, THE STATE SENATE AND MONTGOMERY COUNTY

  1. Justification:

To provide authorization for leases with Cornell Cooperative Extension, Fulmont and the State Senate.

 

III. Legislative Impact:

The Legislature is empowered by the Municipal Home Rule Law to pass local laws relating to the sale or lease of County owned property.

 

  1. Financial Impact:

Will result in lease payments of $120.00 a year.

RESOLUTION VOTE, passed with Aye(9). (12/19/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING LEASE AGREEMENTS BETWEEN CORNELL COOPERATIVE EXTENSION, FULMONT, THE STATE SENATE AND MONTGOMERY COUNTY


II. Justification:

To provide authorization for leases with Cornell Cooperative Extension, Fulmont and the State Senate.


III. Legislative Impact:

The Legislature is empowered by the Municipal Home Rule Law to pass local laws relating to the sale or lease of County owned property.


IV. Financial Impact:

$120.00 a year will be received by the County as revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 300 of 2017

DATED: December 19, 2017

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Isabel

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 November 29, 2017 through December 19, 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). (12/19/2017)



Abstract of Audited Claims - December 19, 2017

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

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.


III. Legislative Impact:

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.


IV. Financial Impact:

No impact to the fund balance



cc: County Clerk
County Treasurer