RESOLUTION NO. 61 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, Montgomery County in conjunction with the Village of Canajoharie is in the process of undertaking various action items associated with the Exit 29 Redevelopment Project; and

WHEREAS, in order to proceed with the proposed actions the and to be in compliance with Section 14.09 of the New York State Parks, Recreation and Historic Preservation Act of 1980 and 9NYCRR Part 428 the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) is requested that the Montgomery County enter into a Letter of Resolution; and

WHEREAS, parties to said Letter of Resolution will be OPRHP, Empire State Development, Village of Canajoharie and Montgomery County.

RESOLVED, that the Montgomery County Executive, upon review and approval of the County Attorney, is authorized to sign the attached Letter of Resolution and any other documents associated with said request.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 62 of 2018 DATED: March 27, 2018 RECOMMENDATION:

RESOLVED, that Introductory Local Law No. B of 2018 (Local Law 2) entitled "A Local Law Opting Out of Real Property Tax Law " hereby is adopted and is incorporated  as follows:

"A Local Law Opting Out of Real Property Tax Law § 487" Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to opt out of Real Property Tax Law § 487. 

Section 2:

a.) No exemption under Real Property Tax Law § 487 shall be applicable to Montgomery County taxes with respect to any solar or wind energy system or farm waste energy system.

b.) No exemption under Real Property Tax Law § 487 shall be applicable to Montgomery County taxes with respect to  any micro-hydroelectric energy system, fuel cell electric generating system, micro-combined heat and power generating equipment system, or electric energy storage equipment or electric energy storage system. 

Section 3:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. 

Section 4:

To the extent that this local law is inconsistent with Real Property Tax Law § 487, Local Law 3 of 2016 or any other laws or regulations it shall supersede those laws. 

Section 5:

a.) This law shall be effective immediately upon filing with the Secretary of State.

b.) In accordance with RPTL 487 (8) a., the County shall file this local law with the Commissioner of the New York State Department of Tax and Finance and with the president of the New York State Energy Research and Development Authority. 

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 63 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the Department of Public Works has solicited bids for the 2018 Season; and

WHEREAS, the Department of Public Works advertised for bids pursuant to Section 103, Article 5-a of General Municipal Law, for a period of 30 days; and

WHEREAS, bids were opened and read aloud on March 6, 2018, at 10 a.m. per bid specifications.

RESOLVED, that bids for materials and/or professional service will be awarded to the lowest responsible responsive bidder with an option to extend the contracts for a period of  (1) year  per the 2018 bid specifications; and

FURTHER RESOLVED, no bids were received for pavement markings for 2018, accordingly Montgomery County, by recommendation of the Commissioner of Public Works, wishes to exercise the option to extend the 2017 bid pricing for a period of one (1) year per the 2017 bid specifications to Seneca Pavement Markings of Horseheads, New York as the lowest responsible responsive bidder from 2017, for the amounts indicated on Attachment A, which is incorporated herein and made a part hereof; and

FURTHER RESOLVED, that the Montgomery County Executive is authorized to enter into contracts, upon review by the Montgomery County Attorney, with the following companies for material and professional services for 2018 as the lowest most responsible reponsive bidders  as follows:

Chemung Supply Guardrails  (supplies and culvert piping)
PO Box 527
Elmira, NY 14902

Town & County Bridge & Rail  (guardrails and bridge supplies)
PO Box 16395
Albany, NY 12212                                                                                 

Lane Enterprises, Inc.  (culvert piping)
825 NYS Rte. 67
Ballstown Spa, NY 12020                                                                    

R & B Construction  (guardrails and bridges)
Bullshead Road
Amsterdam, NY 12010                                                          

Rifenburg Construction, Inc. (aggregrates)
159 Brick Church Road
Troy, NY 12180                                                               

Cobleskill Stone Products, Inc.  (aggregrates)
112 Rock Road/PO Box 220
Cobleskill, NY 12043 

Carver Sand & Gravel, LLC  (aggregrates)
494 Western Turnpike
Altamont, NY 12009

Hanson Aggregates NY, LLC  (aggregrates)
PO Box 513
Jamesville, NY 13078

Callanan Industries, Inc.  (aggregrates)
PO Box 15097
Albany, NY 12212-5907

Santos Construction Corp.  (aggregrates & bridge repair)
39 Gilliland Avenue
Amsterdam, NY 12010

Cushing Stone Co., Inc.  (aggregrates)
725 State Hwy 5s
Amsterdam, NY 12010  

Seneca Pavement Marking  (pavement markings)
3526 Watkins Rd
Horseheads NY 14845

Gorman Bros. Paving  (paving)
Church St. Port of Albany
Albany NY 12202

Peckham Industries Paving  (paving)
Haarlem Ave
White Plains NY 10603                                                     

FURTHER RESOLVED, that these contracts may be extended for one year per the bid specifications.

RESOLUTION VOTE, passed with Aye(9).(3/27/2018)

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RESOLUTION NO. 64 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, Montgomery County received a 2017-2018 grant from the New York State Local Government Records Management Improvement Fund for a Shared Services scanning project with records for the City of Amsterdam, Town of Amsterdam, Town of Florida, and Montgomery County for import into an electronic content management system; and 

WHEREAS, said grant was accepted by the County Legislature with Resolution No. 185 of 2017; and 

WHEREAS, Resolution No. 36 of 2018 carried funds from the said grant into the 2018 operating budget to pay for two (2) part-time Records Management Clerks for the verification of digitized records; and 

WHEREAS, there will be funds remaining from the grant since the grant project must be completed by June 30, 2018.

WHEREAS, that the Montgomery County Legislature desires that the remaining grant funds be used to hire a third part-time Records Management Clerk to complete the grant project by June 30, 2018.

RESOLVED that Resolution 185 of 2017 is hereby amended to read as follows:

WHEREAS, Montgomery County received a 2017-2018 grant in the amount of $77,300 from the New York State Local Government Records Management Improvement Fund for a Shared Services project scanning records for the City of Amsterdam, Town of Amsterdam, Town of Florida, and Montgomery County for import into an electronic content management system, and  

WHEREAS, said funds will be used to provide for a Shared Services project scanning records for the City of Amsterdam, Town of Amsterdam, Town of Florida, and Montgomery County for import into an electronic content management system, and 

WHEREAS, New York State Industries for the Disabled, Inc. (NYSID) will digitize the aforementioned records and General Code will provide additional user licenses, support and training for use in the Laserfiche software. 

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

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

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

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 65 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, pursuant to the Federal Workforce Innovation and Opportunity Act of 2014, Fulton-Montgomery-Schoharie Counties Workforce Development Board is responsible for developing, integrating and coordinating a workforce development system to meet the needs of business and provides career opportunities for workers; and

WHEREAS, in accordance with the Workforce Innovation and Opportunity Act, the Fulton-Montgomery-Schoharie Workforce Development Board, in consultation with its Chief Elected Officials, must develop a Local Plan for July 1, 2017 - June 30, 2021; and

RESOLVED, that the Fulton-Montgomery-Schoharie Workforce Development Board is hereby authorized to submit a Local Plan to the NYS Department of Labor; and

FURTHER RESOLVED, that the County Executive, after review and approval by the County Attorney, is hereby authorized to execute the Signature of Chief Elected Official acknowledging the submission; and

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Fulton-Montgomery-Schoharie Workforce Development Board.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 66 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, pursuant to the Federal Workforce Innovation and Opportunity Act of 2014, Fulton-Montgomery-Schoharie Counties Workforce Development Board is responsible for developing, integrating and coordinating a workforce development system to meet the needs of business and provides career opportunities for workers, and

WHEREAS, in accordance with the Workforce Innovation and Opportunity Act, the Fulton-Montgomery-Schoharie Workforce Development Board, in consultation with its Chief Elected Officials, must develop a Regional Plan July 1, 2017 – June 30, 2021.

RESOLVED, that the Fulton-Montgomery-Schoharie Workforce Development Board is hereby authorized to submit a Regional Plan to the NYS Department of Labor, and

FURTHER RESOLVED, that the County Executive, after review and approval by the County Attorney, is hereby authorized to the execute Signature of Chief Elected Official  acknowledging the submission, and

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Fulton-Montgomery-Schoharie Workforce Development Board.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 67 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, pursuant to the Federal Workforce Innovation and Opportunity Act of 2014, Fulton-Montgomery-Schoharie Counties Workforce Development Board is responsible for developing, integrating and coordinating a workforce development system to meet the needs of business and provides career opportunities for workers; and

WHEREAS, in accordance with the Workforce Innovation and Opportunity Act, the Fulton-Montgomery-Schoharie Workforce Development 'Board, in consultation with its Chief Elected Officials, must develop a Infrastructure Memorandum of Agreement  PY' 2017-2018.

RESOLVED, that the Fulton-Montgomery-Schoharie Workforce Development Board is hereby authorized to submit a Infrastructure Memorandum of Agreement to the NYS Department of Labor; and

FURTHER RESOLVED, that the County Executive, after review and approval by the County Attorney, is hereby authorized to execute the Signature of Chief Elected Official acknowledging the submission; and

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to the Fulton-Montgomery-Schoharie Workforce Development Board.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 68 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding its twenty-five percent (25%) share of the cost of renovating classrooms and laboratories at Fulton-Montgomery Community College (the “FMCC Project”), all as more particularly described in the County’s approved plan of capital improvements and acquisitions (the “Capital Plan”); and 

WHEREAS, the County Legislature has heretofore approved funding the replacement of Cranes Hollow Bridge (BIN# 3-31026-0) and associated culverts along Cranes Hollow Road (the “Bridge Project”), all as more particularly described in the Capital Plan; and 

WHEREAS, the County Legislature has heretofore acquisition of various pieces of equipment and vehicles for the Department of Public Works (the “DPW Project”), all as more particularly described in the Capital Plan; and 

WHEREAS, the County Legislature has heretofore approved the construction and installation of improvements, repairs and renovations to the DPW Facility, the County Annex, the Public Safety Center and the County courthouses (the “Buildings Project” and, together with the FMCC Project, the Bridge Project and the DPW Project, the “Projects”), all as more particularly described in the Capital Plan; and 

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

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

 SECTION 1

 Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes the Projects as follows: 

1. the FMCC Project, the maximum aggregate cost of the County’s portion thereof being hereby estimated to be $250,000.00, appropriating said amount therefor and authorizing the issuance of $250,000.00 serial bonds to finance such cost and related expenses;
2.  
3. the Bridge Project, the maximum aggregate cost thereof being estimated to be $1,650,000, appropriating said amount therefor and authorizing the issuance of $1,650,000.00 serial bonds to finance such cost and related expenses;
4.  
5. the DPW Project, the maximum aggregate cost thereof being estimated to be $200,000, appropriating said amount therefor and authorizing the issuance of $200,000.00 serial bonds to finance such cost and related expenses; and
6.  
7. the Buildings Project, the maximum aggregate cost thereof being estimated to be $300,000, appropriating said amount therefor and authorizing the issuance of $300,000.00 serial bonds to finance such cost and related expenses.

SECTION 2

 It is determined that the period of probable usefulness of the aforesaid specific objects or purposes are as follows:

1. the FMCC Project - Ten (10) years pursuant to Section 11.00(a)(13) of the Law;
2.  
3. the Bridge Project- Twenty (20) years pursuant to Section 11.00(a)(10) of the Law;
4.  
5. the DPW Project- Five (5) years pursuant to Section 11.00(a)(28) and Section 11.00(a)(29) of the Law; and
6.  
7. the Buildings Project - Ten (10) years pursuant to Section 11.00(a)(13) of the Law.

SECTION 3

The plan of financing includes the issuance of $2,400,000.00 serial bonds and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing.

SECTION 4

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

SECTION 5

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

SECTION 6

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

SECTION 7

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

SECTION 8

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project.

SECTION 9

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

SECTION 10

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

SECTION 11

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

 SECTION 12

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

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

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

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

SECTION 13

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

SECTION 14

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 69 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, Fulton and Montgomery Counties have approved a $1,000,000 FMCC Campus Labs and Classrooms Phase I Project, and 

WHEREAS, funding will be from: 

WHEREAS, on February 14, 2018, the following bids were received for the four (4) prime construction contracts: 

1. General Construction:

2. Plumbing:

3. HVAC:

4. Electrical

NOW, THEREFORE BE IT RESOLVED, that based upon the bids received and the written recommendation from JMZ Architects, the County Executive is hereby authorized and directed to execute Agreements with the following: 

 and be it further 

RESOLVED, that in addition to the four (4) prime construction contracts, the County Executive is hereby authorized and directed to execute Agreements with the following additional eight (8) contracts for various services, furniture and equipment as recommended by FMCC: 

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 70 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, Fulton and Montgomery Counties have approved a $2,200,000 FMCC PE Building Bathrooms and Locker Rooms Project; and 

WHEREAS, there are no Montgomery County funds involved with this project. Funding will be from:

WHEREAS, on February 14, 2018, the following bids were received for the four (4) prime construction contracts:

1. General Construction:

2. Plumbing:

3. HVAC:

4. Electrical:

NOW THEREFORE BE IT RESOLVED, that based upon the bids received and the written recommendation from JMZ Architects, the County Executive is hereby authorized and directed to execute Agreements with the following:

and be it further 

RESOLVED, that in addition to the four (4) prime construction contracts, the County Executive is hereby authorized and directed to execute Agreements with the following additional six (6) contracts for various services, furniture and equipment as recommended by FMCC:

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet abstained. (3/27/2018)

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RESOLUTION NO. 71 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, New York State Office of Children and Family Services (OCFS) requires counties to enter into contract with state approved child care facilities that provide services to our foster care, and/or behavioral children of the county; and

WHEREAS, these facilities are regulated by OCFS, and the per diem rates for these facilities are also established by OCFS; and

RESOLVED, the facilities that are used in Montgomery County are as follows:

• Astor Services for Children & Families
• Berkshire Farm Center
• Children's Home of Kingston
• Children's Home of Jefferson County
• Children's Home of Wyoming Conference
• Devereux Foundation
• Elmcrest Children's Center
• Hillside Family of Agencies
• House of the Good Shepherd
• Kaydeross Group Home
• LaSalle School
• Mountain Lake Children's Residence
• Northeast Parent & Child Society
• Parson's Child & Family Center
• St. Anne's Institute
• St. Catherine's
• The Charlton School
• The William George Agency
• Vanderheyden Hall

FURTHER RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to sign, and execute prospective contract documents for a term of June 1, 2018 to May 31, 2019 entered into between the County and OCFS-approved agencies providing services to county children in need of foster care and/or behavioral services at the rates established by OCFS.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 72 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted Public Health Emergency Preparedness Funds (PHEP) Grant funds per Resolution 114 of 2016; and

WHEREAS, the 2017-18 PHEP Grant funds, for the period July 1, 2017 – June 30, 2018,  were appropriated in the 2017 Public Health budget; and 

WHEREAS, there are unexpended 2017-18 PHEP Grant funds available for carry-over to the 2018 Public Health budget. 

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(9). (3/27/2018)

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RESOLUTION NO. 73 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department has been awarded Rabies Program grant funding in the amount of $17,786.00 for the period April 1, 2017 – March 31, 2019; and 

WHEREAS, there are unexpended 2017-18 Rabies Grant funds available for carry-over to the 2018 Public Health budget; 

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(9). (3/27/2018)

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RESOLUTION NO. 74 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department participated in the New York State Department of Health (NYSDOH) Local Health Department Performance Incentive Initiative focused on timeliness and completeness of chronic disease reports and investigations in 2017; and

WHEREAS, the Montgomery County Public Health Department maintained exceptional timeliness and completeness of disease reports and investigations during the performance period; and 

WHEREAS, the NYSDOH has awarded the Montgomery County Public Health Department incentive funding in the amount of $5000 based on the achieved performance. 

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(9). (3/27/2018)

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RESOLUTION NO. 75 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, Article 23 of Public Health Law section 2304 mandates the County to provide adequate facilities for the free diagnosis and treatment of persons living within its jurisdiction who are suspected of being infected or are infected with a sexually transmissible disease; and

WHEREAS, Home Town Health has agreed to provide said professional services to said population, and 

WHEREAS, the Public Health Director has recommended a 5-year contract for Sexual Transmissible Disease Services. 

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the Hometown Health Sexually Transmissible Disease Services contract; and 

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

FURTHER RESOLVED, that this contract may be renewed without further action of the Montgomery County Legislature contingent upon the terms therein remain substantially the same and that funds are allocated in the subsequent budgets.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 76 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted Immunization Action Plan (IAP) Grant funds per Resolution  of 16 of 2015; and

WHEREAS, the 2017-18 IAP Grant funds, for the period April 1, 2017 – March 31, 2018,  were appropriated in the 2017 Public Health budget; and 

WHEREAS, there are unexpended 2017-18 IAP Grant funds available for carry-over to the 2018 Public Health budget. 

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(9). (3/27/2018)

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RESOLUTION NO. 77 of 2018 DATED: March 27, 2018 RECOMMENDATION:

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

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

RESOLVED, that the County Executive upon review and approval of the County Attorney is authorized to sign and execute any and all prospective agreement documents entered into between the County and agencies providing mental health, mental retardation, alcoholism and substance abuse services for calendar year January 1, 2018 to December 31, 2018 as listed below: 

1)   St. Mary’s Healthcare Community Mental Health and Alcoholism Center for community mental health services, not to exceed                   $ 1,999,000 

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 78 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, resolution # 6 of 2018 gave authority to the Auditing Committee to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and cover tax credits/refunds, in an amount less then $2,500 to the Auditing Committee

WHEREAS, as a result of the appointment of a County Auditor, resolution #6 of 2018, should be amended to delete any instances of "Auditing Committee" and replace it with "County Auditor".

THEREFORE BE IT RESOLVED, that Resolution 6 of 2018 is hereby amended to read as follows:

WHEREAS, the Montgomery County Legislature is authorized to annually delegate to an official responsible for the payment of bills upon the audit of the appropriate municipal corporation the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and to cover tax credits/refunds, in an amount less than $2,500; and

WHEREAS, the Montgomery County Legislature chooses to delegate this power to the County Auditor; and

WHEREAS, the Real Property Director maintains responsibility for investigating each Erroneous Assessment application and for making recommendations regarding said applications.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature chooses to delegate the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and cover tax credits/refunds, in an amount less than $2,500 to the County Auditor; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature retains authority to determine action regarding all instances in which said Director recommends application denial and in all instances where a recommended correction exceeds $2,500; and

BE IT FURTHER RESOLVED, when the Real Property Tax Director makes a recommended correction that does not exceed $2,500, the Real Property Tax Director shall transmit the written report of the investigation and recommendation to the County Auditor, together with both copies of the application; and

BE IT FURTHER RESOLVED, when the County Auditor makes a recommendation to deny a correction that is recommended by the Real Property Direction, they shall transmit to the Montgomery County Legislature the written report of investigation and recommendation of the Real Property Tax Director with copies of the application and the reason that the County Auditor recommends denying the correction; and

BE IT FURTHER RESOLVED, that the County Auditor shall submit a report of corrections processed during the preceding month, indicating the name of each recipient, the location of the property and the amount of the correction to the Montgomery County Legislature on or before the fifteenth day of each month.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 79 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the position of Account Clerk Typist was eliminated from the Public Health budget and placed in the Youth Department budget in 2018;

WHEREAS, the position has been located in the Personnel office since the beginning of 2018 and was not located in the Youth Department;

WHEREAS, the position of Account Clerk Typist will assist the Personnel office in alleviating responsibilities from the staff that falls outside the scope of their duties and is appropriate for the position of Account Clerk Typist;

WHEREAS, the Personnel office has seen an increase in workload with the elimination of Labor Management, Payroll positions, 2016 Civil Service audit results as well as a implementation of a multitude of organizational improvements.

WHEREAS, the Account Clerk Typist will also assist the department with the Laser Fiche project, the Civil Service audit, answering phones, receiving the public, making copies, filing and assisting Civil Service with job postings and over all assisting the office.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (3/27/2018)

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RESOLUTION NO. 80 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, it has been recommended by the County Clerk that the 5 year Records Management System contract be amended due to the addition of hardware; and

WHEREAS, to bring the monthly cost down, it is necessary to extend the existing contract.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign a 3-year Addendum to the existing Records Management System Contract with IQS at the rate of $5067.00 per month.

FURTHER RESOLVED, that said contract addendum shall be effective March 1, 2018 through December 31, 2020.

MOTION TO AMEND by Legislator Dimond, seconded by Legislator Duchessi, passed with Aye(9). (3/27/2018)

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 81 of 2018 DATED: March 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 February 28, 2018 through March 13, 2018 and the County Auditor has audited claims for the period of March 14, 2018 through  March 27, 2018; both the Audit Committee and the County Auditor 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 and County Auditor, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 82 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, Resolution #214 of 2016 authorized the issuance of $320,000.00 serial bonds to finance the cost and related expenses for a clarifier rehabilitation project and optional leachate acceptance project at the Montgomery County Sanitary District No.1, and

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

WHEREAS, bids were opened on February 8, 2018, and

WHEREAS, the Montgomery County Sanitary District Board of Directors has reviewed all bids and recommends awarding only the base bid items 1, 3, 4 and alternate bid items 9 and 10 within the bid specifications due to budget constraints to the lowest, responsible, responsive bidder being Pollard Excavating, Inc. of Altamont NY at a cost not to exceed $248,800.00.

RESOLVED, the Montgomery County Legislature hereby authorizes awarding contract to:

Pollard Excavating, Inc. of Altamont NY for the approved projects base bid items 1, 3, 4 and alternate bid items 9 and 10 within the bid specifications within the Clarifier Rehabiliation Project and Optional Leachate Acceptance Project at a cost not to exceed $248,800.00,

FURTHER RESOLVED, the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to execute the aforementioned contract.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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