RESOLUTION NO. 111 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, municipalities throughout New York and the United States are working with Land Banks to redevelop vacant, abandoned, or tax delinquent properties that have a negative effect on their communities; and

WHEREAS, in July 2011 in recognition of the growing problem of distressed, vacant, abandoned, and tax-delinquent properties, New York State passed the Land Bank Act, as Article 16 of the New York State Not-for-Profit Corporation Law, which authorizes any Foreclosing Governmental Unit (FGU) to create a land bank to strategically acquire, improve, assemble, and sell these properties; and 

WHEREAS, the Greater Mohawk Valley Land Bank (GMVLB)'s mission is to strengthen communities across the Mohawk Valley by helping to return neglected and abandoned buildings to productive use; and 

WHEREAS, under this law, Montgomery County participates in the GMVLB Corporation per Resolution No. 181 of 2016; and 

WHEREAS, an amendment has been proposed to the intermunicipal agreement making adjustments to the qualifications of the GMVLB Board of Directors membership and to extend the agreement until 2022; now, therefore, be it 

RESOLVED that the Montgomery County Executive, after review and approval of the County Attorney, is authorized to sign the first amendment to the Greater Mohawk Valley Land Bank Intermunicipal Agreement.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel abstained. (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 112 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery College Board of Trustees has presented its sponsoring counties with a 2020-21 budget request; and

WHEREAS, a public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties.

RESOLVED, the Montgomery County Legislature hereby approves the scheduling of a Public Hearing on the proposed 2020-21 Budget of Fulton-Montgomery Community College for July 28, 2020 at 6:50 pm in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature hereby is directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 113 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the Fulton Montgomery Community College Board of Trustees had recommended that the Campus Labs and Classrooms Phase 3 project be undertaken at Fulton Montgomery Community College, and 

WHEREAS, Resolution #291 dated November 26, 2019 authorized a $1,000,000 Campus Labs and Classrooms Phase 3 project be undertaken at Fulton Montgomery Community College to renovate aged out and deteriorating campus labs, at a cost of $250,000 to Montgomery County; and 

WHEREAS, the State University of New York Office for Capital Facilities (SUNY OCF) has informed Fulton Montgomery Community College that only health and safety related capital projects will be approved by the New York State Division of Budget during the current State fiscal year; and 

WHEREAS, SUNY OCF has informed Fulton Montgomery Community College that contracts related to campus lab renovations will therefore not be approved by the New York State Division of Budget; and 

WHEREAS, Fulton Montgomery Community College has identified necessary health and safety related capital needs related to an obsolete fire alarm system, HVAC chiller refurbishing, and the installation of an alarm in its wastewater treatment plant; and 

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

RESOLVED, that the Montgomery County Legislature hereby approve the Campus Labs and Classroom – Phase 3 Project for health and safety needs at a cost not to exceed $500,000; and 

FURTHER RESOLVED, that this project will require $125,000 of matching funds from Montgomery County; and 

FURTHER RESOLVED, that this resolution is contingent on the Montgomery County Legislature passing a bonding resolution to fund the project; and 

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

FURTHER RESOLVED, that this resolution is contingent upon approval by New York State Division of Budget.

MOTION TO TABLE by Legislator Wilson, seconded by Legislator Pepe, this resolution is contigent on the passing of a bonding resolution, both resolutions will be on the July 2020 Full Legislature Meeting, passed with Aye(9).(6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 114 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS,  the Montgomery County Sanitary District No.1 needs to replace their 2008 F350 pickup truck, and

WHEREAS, the Montgomery County Santiary District No. 1 has approved the purchase of a new truck ; and

WHEREAS, a transfer of funds is needed to cover the cost of said truck and accessories.

RESOLVED, the County Treasurer is hereby authorized and directed to amend the Sanitary District #1 Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 115 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the Department of Public Works solicited bids for the 2020 season, and

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

WHEREAS, bids were opened and read aloud on March 3, 2020, at 10:00 a.m., and

WHEREAS, upon review after the bid opening, it was recommended to reject bids for Salt (Item A-66 2020) by the Commissioner of Department of Public Works based on the bidder turnout, and 

WHEREAS, Item A-66 2020 was rebid and bids were opened and posted on the County website due to the current State of Emergency, on May 12, 2020; and

WHEREAS, the bids received have been provided to the Montgomery County Legislature.

RESOLVED, the bid for material will be awarded to the lowest responsible responsive bidder of Cargill, Inc. with an option to extend contract for a period of one (1) year period per the 2020 bid specifications; and

FURTHER RESOLVED, the Montgomery County Executive is authorized to enter into contract upon review and approval of the County Attorney, with the following companies for material services at the amounts submitted on their bid:

A-66 2020

Cargill, Inc.
100 Grain Street
Albany, NY 12202

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 116 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, Switzer Hill Road (County Route 31) is located in the Town of Mohawk; and

WHEREAS, Switzer Hill Road has sustained subtantial water damage to the west side embankment of the stream channel; and

WHEREAS, Montgomery County per Resolution 17 of 2019 retained the services of Greenman Pederson, Inc. to perform a drainage and repair study of said road; and

WHEREAS, the conclusion of this study showed project expenses to be approximately $2.3 - $2.7 million dollars; and

WHEREAS, to promote public safety it is temporarily necessary to alter Switzer Hill Road between Route 5 and Old Trail Road to create a temporary cul-de-sac at the top of Switzer Hill above the Route 5 intersection until funds can be acquired to complete the drainage and repair project.

RESOLVED, the Montgomery County Legislature determines that it is for the best interest of Montgomery County to temporarily alter Switzer Hill Road between Route 5 and Old Trail Road to create a temporary cul-de-sac at the top of Switzer Hill  above the Route 5 intersection until funds can be acquired to complete the drainage and repair project.

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 117 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the final allocation of State Consolidated Highway Improvement Program (CHIPS) funds has been clarified, and

WHEREAS, it is necessary to adjust the County Road Fund to reflect increased revenues, and appropriations.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 118 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the Montgomery County, New York, (hereinafter, "Subrecipient") on behalf of the Town of Florida, New York, applied for and obtained funding for the project titled, "Public Park - Fort Hunter" through a Community Development Block Grant- Disaster Recovery (CDBG-DR) obtained through the New York State Governor's Office of Storm Recovery (GOSR), New York Rising Community Reconstruction Program in an application accepted June 9, 2016; and

WHEREAS, the Subrecipient of funding retained MJ Engineering, 1533 Crescent Road, Clifton Park, 12065, to design said improvements and prepare a bid package with plans and specifications; and

WHEREAS, the Governor's Office of Storm Recovery has reviewed the project's plans, specifications, and bid package and review comments have been satisfactorily addressed; and

WHEREAS, the Subrecipient formally and publicly bid this project in accordance with Municipal, State, and Federal requirements; and

WHEREAS, bids were publicly opened June 10, 2020 at the Montgomery County Annex Building offices located at 20 Park Street, Fonda, NY 12068; and

WHEREAS, upon review of submitted bid(s), it was revealed that the lowest responsible bid submitted was that of MA Schafer Construction in the amount of $278,900; and 

WHEREAS, the Subrecipient intends to award a contract, contingent on G.O.S.R. consent, to MA Schafer Construction, 4928 West Turnpike, Altamont, NY 12009 for construction of improvements.

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Legislative hereby authorizes and approves the Montgomery County Executive, upon review and approval of the County Attorney, contingent on G.O.S.R. consent, to enter into a contract with  MA Schafer Construction for construction of public park, in accordance with publicized Plans and Specifications produced for the "Public Park - Fort Hunter Project."

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 119 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the Purchasing Agent issued a Request for Proposals for the provision of food services at the Montgomery County Jail, and

WHEREAS, proposals have been received and were opened on March 18, 2020, and

WHEREAS, after reviewing the proposals the Sheriff and review committee consisting of, the Sheriff, Purchasing Agent, Under Sheriff, Jail Administrator and Pat Oeser(cook), recommend awarding the RFP to Trinity Services Group, Inc.,

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive after review and approval of the County Attorney to sign an agreement with Trinity Services Group, Inc. for the provision of food services at the Montgomery County Jail for a term of February 1, 2020 through December 31, 2023. At the end of this initial bid period, the contract may be renewed for two (2) additional years, in consecutive one-year intervals, and at the sole discretion of The County of Montgomery. for the prices listed on price list attached hereto and made a part hereof.     

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 120 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, it is necessary to provide medical services for incarcerated individuals at the Montgomery County Jail, and 

WHEREAS, a Request for Proposals was put forth soliciting services for January 1, 2019 until December 31, 2020 with an option for two one year extensions; and

WHEREAS, this request is to approve a one (1) year extension for 2021 in the amount of $227,320.00 the same fee paid in 2020. 

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, to sign an agreement with Eastern Medical Support, LLC for provision of medical services at the Montgomery County Jail, following review and approval by the County Attorney for a one (1) year extension for 2021 at an amount not to exceed $227,320.00.

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 121 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, E-911 Reserve Funds are created from 911 surcgarges and set aside specifically to handle issue spertaining tot eh 911 Dispatch Center and radio/phone systems; and

WHEREAS, said E-911 Funds need to be used to complete payment for a microwave tower site location on Latimer Hill Road as  this site received a complete new building to house very important microwave/radio equipment supporting our 911 system county wide.

RESOLVED, that the Montgomery County Treasurer is hereby authorized to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 122 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the 2017 Capital Plan identified a Campus Critical Maintenance Project: Campus Labs and Classrooms Design at FMCC; and

WHEREAS, the FMCC Campus Labs and Classroom Building Renovation Project was a three (3) phase project (2018-2020) with a $250,000 contribution from Montgomery County; and

WHEREAS, Funding for the Phase III Project were anticipated to be as follows:

WHEREAS, funds will not be received from New York State to fund this project; and

WHEREAS, as funds will not be received from New York State, this project will not be moving forward.

RESOLVED, Resolution 83 of 2020 authorizing the Montgomery County Executive to execute contracts for the project is hereby rescinded.

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 123 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the 2017 Capital Plan identified a Campus Critical Maintenance Project: Campus Labs and Classrooms Design at FMCC; and

WHEREAS, the FMCC Campus Labs and Classroom Building Renovation Project was a three (3) phase project (2018-2020) with a $250,000 contribution from Montgomery County; and

WHEREAS, Funding for the Phase III Project were anticipated to be as follows:

WHEREAS, funds will not be received from New York State to fund this project; and

WHEREAS, as funds will not be received from New York State, this project will not be moving forward.

RESOLVED, Resolution 87 of 2020 which authorized bonding for the FMCC Campus Labs and Classroom Phase III and Financial Technology Lab Renovation Project, is hereby rescinded.

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 124 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, pursuant to the Audit Guidelines, Section 2.02 (2), requires after examination and review of the claims by the County Auditor, 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 County Auditor has audited claims for the period of May 27, 2020 through June 23, 2020; 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 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). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 125 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, Montgomery County (hereinafter the “County”) wishes to resolve certain tax payment obligations due from the City of Amsterdam; (hereinafter the “City”); and

WHEREAS, $1,241,448.04 was collected by the City but was never paid to the County; and

WHEREAS, the New York State Comptroller’s office officially certified the total deficit for the City of Amsterdam  which permits them to proceed with deficit bonding; and

RESOLVED, the Montgomery County Legislature finds that it is in the best interest of Montgomery County to enter into a repayment plan with the City for the amount of $1,241,448.04 over a period of 20yrs., at a rate of 1%; and

FURTHER RESOLVED, that these payments would be automatically deducted from the annual sales tax payments each year; and

FURTHER RESOLVED, in the event that the City receives direct grant assistance or another 0% loan from the State of New York or the United States of America, the City will be obligated to immediately pay the County the balance of what is owed or its pro rata share, if funding for the entirety of the outstanding debt is not received; and

FURTHER RESOLVED, that upon review and approval of the County Attorney, the Montgomery County Treasurer and Montgomery County Executive are authorized and directed to execute a repayment plan with the City incorporating the terms detailed within this Resolution.

RESOLUTION VOTE, passed with Aye(6). Legislators Headwell, Jr., Pepe and Isabel voted Nay. (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 126 of 2020 DATED: June 23, 2020 RECOMMENDATION:

WHEREAS, the Montgomery County Charter §7.03A(1) requires the Legislature to adopt policy and practice guidelines for the County Executive to determine expenditures, limits and priorities of the 2021 Operating Budget to assist with the preparation of the tentative budget for the ensuing year; and

WHEREAS, the Montgomery County Legislature Amended Section §7.03A of the Montgomery County Charter, pursuant to Local Law 1 of 2020.

RESOLVED, the policy and practice guidelines as attached hereto and made part of are hereby adopted by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (6/23/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: