RESOLUTION NO. 35 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Montgomery County Department of Public Works has contracted for supply of parts with Frank Greco of Palatine Bridge, and Genuine Auto Parts Company; and

WHEREAS, it is necessary to tranfer funds to cover the cost of the contractor's contract.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 36 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, it is necessary to carry-over funds from the 2017 Records Management Grant into the 2018 operating budget to pay for two (2) part-time Records Management Clerk positions and computer equipment.

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 Pepe was absent. (2/27/2018)

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RESOLUTION NO. 37 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Resolution #281 of 2013 states that the Montgomery County Sanitary District No.1 Board of Directors shall consist of seven (7) members comprised of the current legislators representing Legislative Districts No.1, No. 2 and No. 3, the Mayors of the Villages of Fort Plain, Nelliston, and Palatine Birdge and one (1) member @ large to be appointed by the County Legislative Board, for a one (1) year term; and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors recommends appointing George Capece Jr. as member at large for 2018.

RESOLVED, that George Capece Jr. hereby is appointed as the "at-large" member of the Board of Directors of the Montgomery County Sanitary District No.1 for a one-year term ending on December 31, 2018.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 38 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, governing body of each public corporation shall promulgate uniform rules and regulations pertaining to the administration of Public Officers Law §87; and

WHEREAS, the Freedom of Information Law policy attached hereto has been reviewed by the Montgomery County Legislature.

RESOLVED, that the Montgomery County Legislature hereby adopts the Freedom of Information Law policy attached hereto and made part of this resolution.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 39 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Article 25AA, Section 302 of the New York State Agricultural and Markets Law, as amended, provided for the establishment of an Agricultural and Farmland Protection Board; and

WHEREAS, the Montgomery County Board of Supervisors established the Montgomery County Agricultural and Farmland Protection Board in 1993; and

WHEREAS, the Board shall consist of eleven members, at least four of whom shall be active farmers, one shall represent agribusiness, and one may represent an organization dedicated to agricultural land preservation, all whom shall reside within Montgomery County; and

WHEREAS, the Board also shall include the Chairperson of the County Soil and Water Conservation District's Board of Directors or an employee of the County Soil and Water Conservation District designated by the Chairperson, a member of the County legislative body, a County Cooperative Extension agent, the County Planning Director, and the County Director of Real Property Tax Services; and

WHEREAS, the members of the Board shall be appointed by the Chairperson of the County legislative body, who shall solicit nominations from farm membership organizations except for the chairperson of the county soil and water conservation district's board of directors or his or her designee, the county planning director and director of real property tax services who shall serve ex officio; and

WHEREAS, the term for the members shall be four years; and

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board currently consists of the following members:

 WHEREAS, five terms have expired.

RESOLVED, that the following persons are hereby appointed for the following terms as members of the Montgomery County Agricultural and Farmland Protection Board:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 40 of 2018 DATED: February 27, 2018 RECOMMENDATION:

RESOLVED, the Montgomery County Legislature hereby confirms the appointment of Legislators Robert Headwell and Martin Kelly made by the County Executive to the Montgomery County Soil & Water Conservation Board of Directors for a term of January 1, 2018 to December 31, 2018.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 41 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors.

RESOLVED, that Martin Kelly is hereby appointed as a Director on the Association Board of Directors of the Cooperative Extension Association of Fulton and Montgomery Counties for a term beginning on January 1, 2018 and ending on December 31, 2018.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 42 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years; and

RESOLVED, that Duchessi hereby is appointed to serve on the Montgomery County Court Law Library Board for a term ending on December 31, 2019.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 43 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Resolution 75 of 2017 authorized the County Executive to sign contracts with the NYS Canal Corporation for the Montgomery County Bike Trail Restoration Project in which Montgomery County was awarded and said funds were included in the 2017 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2017; and

WHEREAS, it is necessary to carry forward said funding in the 2018 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget to receive and provide for grant funding to allow for completion of the Bike Trail Restoration Project.
 

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 44 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Resolution 209 of 2017 authorized the County Executive to sign contracts with the NYS Dormitory Authority for the Montgomery County Bike Trail Restoration Project in which Montgomery County was awarded and said funds were included in the 2017 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2017; and

WHEREAS, it is necessary to carry forward said funding in the 2018 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget to receive and provide for grant funding to allow for completion of the Bike Trail Restoration Project.
 

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 45 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Resolution 176 & 247 of 2017 authorized the County Executive to sign contracts with Empire State Development and the Arkell Museum to conduct a feasibility study on the construction of an above ground storage facility with receipt of a grant through Empire State Development in which Montgomery County was awarded and said funds were included in the 2017 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2017; and

WHEREAS, it is necessary to carry forward said funding in the 2018 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget to receive and provide for grant funding to allow for completion of the Arkell Museum above ground storage collection feasibility study project. 

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 46 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Introductory Local Law A of 2014 established a County Planning Board in Montgomery County, and

WHEREAS, the County Planning Board shall consist of nine (9) regular members and two (2) alternate members to be appointed by the Legislature; and

WHEREAS, the respective terms of the members of the Planning Board shall be commensurate with that of the Legislature; and

WHEREAS, the two alternate board members will have a two year term; and

WHEREAS, the District 9 board member has resigned; and

WHEREAS, the District 9 Legislator is recommending a District 9 representative; and

WHEREAS, the current Planning Board consists of:

RESOLVED, the Montgomery County Legislature hereby confirms the following appointments:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 47 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, the New York State Office of Homes and Community Renewal (NYSHCR) accepted open round applications through the New York Main Street Technical Assistance Program for projects that would further the goals and objectives of the New York Main Street Program and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Montgomery County submitted an application on behalf of the Village of St. Johnsville for a Downtown Feasibility project; and

WHEREAS, the project requested funding in order to assist a section within the Village in the form of design guidelines and a feasibility study on renovation and rehabilitation techniques; and

WHEREAS, that said grant funding was awarded in the amount of $20,000 from the New York State Office of Homes and Community Renewal (NYSHCR) with a share of $1,053 in the form of equity from the Village of St. Johnsville;

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 authorized to sign contracts with the New York State Office of Homes and Community Renewal (NYSHCR) and the Village of St. Johnsville; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 48 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, the Erie Canalway National Heritage Corridor (ECNHC) accepted applications through the Erie Canalway Grant Program for projects that would further the goals, strategies, and priority projects identified in the Erie Canalway Preservation & Management Plan; and

WHEREAS, Montgomery County submitted an application for a Storytelling Along the Erie Canalway App project; and

WHEREAS, the project requested funding in order to create a hands-free, location aware cultural and historic experience along the entirety of the trail in Montgomery County through short audio stories, text, photos, and historic information; and

WHEREAS, that said grant funding was awarded in the amount of $7,000 from the Erie Canalway National Heritage Corridor (ECNHC) with a share of $7,000 in the form of a grant from I Love NY funding;

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 of the provided contract with Erie Canalway National Heritage Corridor (ECNHC) 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 2018 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 49 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Article 13-A, Section 261, of NYS Executive Law requires certain appointments to be made to the Montgomery County Criminal Justice Coordinating Council; and

WHEREAS, additional members beyond the specified appointments within the Executive Law are encouraged by the New York State Division of Criminal Justice Services; and

WHEREAS, the representative of private organization operating within the county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, an ex-offender, and a crime victim shall be designated by the Montgomery County Executive; and

WHEREAS, it is recommended that the Council be updated by resolution annually to reflect the people who are currently in each designated position.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms that the 2017 Council shall consist of the following:

(Additional Members)

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 50 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, forfeiture monies from drug related cases in the amount of $12,409.02 have been deposited with the Montgomery County Treasurer; and

WHEREAS, said forfeiture monies are to be used to purchase equipment for various law enforcement agencies throughout Montgomery County, it is

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 51 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, the Montgomery County Emergency Management Office has been in communication with Brown Coach regarding the donation of a 2004 GMC Glaval 28 passenger bus for use in a countywide rehabilitation effort for first responders at emergency scenes; and

WHEREAS, Brown Coach has attempted to private sale this bus with no avail and has offered to donate the vehicle free of charge to the Montgomery County Emergeny Management Office for its use; and 

RESOLVED, that Montgomery County Legislature hereby authorizes the acceptance of this vehicle for its use by Emergency Management to supoort first responders throughout Montgomery County and directs the County Executive and County Treasurer, upon review and approval of the County Attorney, to complete any paperwork necessary to accept the vehicle.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 52 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, during the budget process there was an error made in budgeted lines and in order to pay bills pertaining to the maintencace of our microwave system, smart phone APP, copier and records management system this transfer is necessary.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2018 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 53 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, the Emergency Management Office applied for and received the FY2017 State Emergency Performance Grant (EMPG) to assist with the payment of maintenance agreements within the emergency management office for things that assist first responders and the community throughout Montgomery County; and

WHEREAS, the Emergency Management Office has been notified by the New York State Division of Homeland Security and Emergency Services that Montgomery County has been awarded $23,688.00, to assist in providing important services throughout Montgomery County; and 

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney to sign the agreement for FY2017 State Emergency Performance Grant (EMPG).

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 54 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, there are unexpected Indigent Legal Services Grant funds available for carry-over the 2018 Public Defender budget; and

WHEREAS, funds from said grant monies are needed to purchase supples, office equipment, mileage, legal reference:manuals and attend conferences and training.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 55 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Resolution 36 of 2015 awarded an RFP to Trinity Services Group, Inc. to provide food and kitchen management to the jail; and

WHEREAS, said contract is expiring and provides for one year extensions for up to three (3) years; and

WHEREAS, this is the second of the one year extensions allowable under the original contract; and

WHEREAS, the  proposed contract includes an increase in the current meal price by 2% and a copy of the fee schedule is attached to this resolution.

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 Trinity Services Group, Inc. March 1, 2018 through February 28, 2019 using the fee schedule attached to this Resolution, which is incorporated herein and made a part hereof.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 56 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Section 141 of the Social Services Law requires local social services agencies, in certain instances, to take responsibility of the burial of a person found dead in the district; and 

WHEREAS, the Commissioner of Social Services recommends the Montgomery County Legislature adopt the attached  policy for the burial of said persons.

RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby adopts the attached policy for the burial of indigent residents for the period of April 1, 2018 through March 31, 2023.

MOTION TO AMEND by Legislator Dimond, seconded by Legislator Purtell, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 57 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, the Personnel Department budgeted funds in the 2018 Operating Budget for a new printer; and

WHEREAS, these funds need to be moved to a different line to be used to pay for this printer.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 58 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, Berkshire Farm Center and Services for Youth Stepping Stones provides intensive prevention programs to reduce the need to place youth in detention or out-of-home placements; and

WHEREAS, Berkshire Farm Center and Services for Youth Stepping Stones reduces admissions in detention and out-of-home placements thus reducing the County’s detention costs; and

WHEREAS, Berkshire Farm Center and Services for Youth Stepping Stones reduces the number of Person In Need of Supervision (PINS) petitions being files and placed.

RESOLVED, that the Montgomery County Legislature herby authorizes and directs the County Executive, after review and approval by the County Attorney, to execute a contract between the County and Berkshire Farm Center (Stepping Stones) for the period of January 1, 2018 through December 31, 2018 not to exceed $178,911.00 without further legislative approval.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/27/2018)

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RESOLUTION NO. 59 of 2018 DATED: February 27, 2018 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 January 24, 2018 through February 27, 2018 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 Pepe was absent. (2/27/2018)

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RESOLUTION NO. 60 of 2018 DATED: February 27, 2018 RECOMMENDATION:

WHEREAS, pursuant to Local Law 1 of 2018, the Auditor shall be directly responsible to and serve at the pleasure of the County Legislature and may be removed without written charges and an opportunity to be heard; and 

WHEREAS, pursuant to Local Law 1 of 2018 the duties of the Auditor shall include: 

   Auditing and certifying for payment all lawful claim and charge against the County, whether for payroll or otherwise, or against funds for which the County is responsible in whole or in part;

   Certifying the availability of funds for all requisitions, contracts, purchase orders, and other documents by which the County incurs financial obligations or for the expenditure of funds for which the County is responsible;

   Such special audits, in addition to those stated in §2.04 (i) as are deemed necessary, at the request of the Legislature; and 

WHEREAS, the Montgomery County Legislature advertised for the position of auditor and have conducted interviews for the position of Auditor. 

NOW THEREFORE BE IT RESOLVED, that Marco Zumbolo of 133 Florida Avenue, Amsterdam, NY hereby is appointed County Auditor on a part time basis, at an annual base salary of $30,000 for a term commencing on March 19, 2018 serving at the pleasure of the Montgomery County Legislature; and

BE IT FURTHER RESOLVED, that said County Auditor shall perform such duties as authorized by Section 600 of County Law and Section 2.11 of the Montgomery County Charter as amended by Local Law 1 of 2018.

MOTION TO AMEND by Legislator Sweet, seconded by Legislator Purtell, was defeated with Aye(3). Legislators Dimond, Headwell, Jr., Wilson, Duchessi and Isabel voted Nay. Legislator Pepe was absent. (2/27/2018)

MOTION TO AMEND by Legislator Sweet, seconded by Legislator Purtell, was defeated with Aye(2). Legislators Kelly, Dimond, Headwell, Jr., Wilson, Duchessi and Isabel voted Nay. Legislator Pepe was absent. (2/27/2018)

RESOLUTION VOTE, passed with Aye(5). Legislators Kelly, Sweet and Purtell voted Nay. Legislator Pepe was absent. (2/27/2018)

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