TO:Physical Services Committee
Daniel P. Wilson, Chair, Legislator, District 5
Martin P. Kelly, Legislator, District 1
Brian D. Sweet, Legislator, District 2
John M. Duchessi, Legislator, District 6
Michael J. Pepe, Legislator, District 7
FROM:Cheryl A. Reese, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer, Commissioner of Pubic Works, Montgomery County Sanitary Sewer District, Data Processing Director, Media
DATE:4/19/2024
RE:Committee Meetings

Chairman Daniel P. Wilson has called a meeting of the Physical Services Committee for 6:01 p.m. on Tuesday, 6:001 p.m. on Tuesday, October 20, 2020 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York.  

Members of the public may also listen to the meeting by calling 1-571-317-3122, Access Code  138-674-293. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.

Items on the agenda, at this time, are as follows:

1.   (DISCUSSION)

  A. Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

2. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A SECOND LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1

3. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT EXTENSION, SANTOS CONSTRUCTION CORPORATION- DEPARTMENT OF PUBLIC WORKS

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

5. RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)

6. RESOLUTION AMENDING THE 2020 OPERATING BUDGET- SURPLUS EQUIPMENT AUCTION (PUBLIC WORKS)

7. RESOLUTION AMENDING 2020 OPERATING BUDGET - OVERTIME (DATA PROCESSING)

8. OTHER

 

 

 

 

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
170

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A SECOND LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1

Pepe/ThayerMove to Full Legislature
171

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT EXTENSION, SANTOS CONSTRUCTION CORPORATION (PUBLIC WORKS)

Pepe/SweetMove to Full Legislature
172

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

Pepe/ThayerMove to Full Legislature
173

RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)

Pepe/ThayerMove to Full Legislature
174

RESOLUTION AMENDING THE 2020 OPERATING BUDGET- SURPLUS EQUIPMENT AUCTION (PUBLIC WORKS)

Wilson/PepeMove to Full Legislature
175

RESOLUTION AMENDING 2020 OPERATING BUDGET - OVERTIME (DATA PROCESSING)

Sweet/ThayerMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 170 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A SECOND LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, Resolution 46 of 2017 authorized entering into an Order on Consent between the New York State Department of Environmental Conservation and Montgomery County Sanitary District No.1; and

WHEREAS, Resolution 275 of 2019 authorized an extension on the time period to comply with one of the items; and

WHEREAS, it is necessary to obtain one more extension; and

WHEREAS,  the Montgomery County Sanitary District No.1 Board of Directors have reviewed and approved of the execution of said Letter Agreement.

THEREFORE BE IT RESOLVED, that the Montgomery County Executive is authorized and directed to execute a Letter Agreement on the Order of Consent between the New York State Department of Environmental Conservation and Montgomery County Sanitary District No. 1. extending the time to comply with conditions within the order.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A SECOND LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1


II. Justification:

It is necessary to extend the period of time to comply on one of the items 

 

 


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

none



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 171 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT EXTENSION, SANTOS CONSTRUCTION CORPORATION (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, in 2019, Montgomery County extended their contract with Santos Construction Corporation for bid item A-94, Bridge Maintenance, Repair, Labor and Equipment Rental; and

WHEREAS, under this contract extension, Santos Construction Corporation began work on Lepper Road Project with design, material requirements and acquisition, as well as construction in 2020; and

WHEREAS, the project has been under construction since June 22, 2020, due to circumstances beyond the Department of Public Works and Santos Construction Corporation control, due to COVID 19, materials were delayed and costs increased.

NOW, THEREFORE, BE IT RESOLVED, that the Montgomery County Legislature authorizes the Montgomery County Executive, upon review and approval of the County Attorney, to execute an amendment to the contract with Santos Construction Corporation dated April 1, 2019, to extend the contract through November 13, 2020, with additional compensation of $148,000, to be used from CHIPS Funding.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT EXTENSION, SANTOS CONSTRUCTION CORPORATION


II. Justification:

Project began in 2018 with engineer design of widening of roadway and culvert replacement.  In 2019, preliminary work began with tree removal, material ordering, and permitting process.  Stream water permit authorizes construction during 2020 season, which justified the contract extension thorugh October 2020, and due to unforseen delays, an additional six (6) weeks is required to complete the project.  New York State Department of Environmental Conservation has granted an extension to the stream permit, as well.


III. Legislative Impact:

The County Legislature has the authority to authorize the County Executive to enter into agreements.


IV. Financial Impact:

Total project expenditures are estimated at $500,000.00 to $550,000.00. Project is part of the 2019 Montgomery County CHIPS Program.  CHIPS Projects are 100% reimbursable by New York State.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 172 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

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


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, Montgomery County currently has 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

WHEREAS, these agreements are about to expire, and

WHEREAS, it has been determined that it is beneficial to the County as well as the City of Amsterdam, Village of St. Johnsville, and the ten towns to renew theses agreements.

RESOLVED, 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 for one (1) year contract for the period of January 1, 2021 - December 31, 2021; and

RESOLVED, payment for the work to be performed under the terms of said agreements for snow and ice control  shall be at the following rate:

$5,930 per centerline mile for January 1, 2021 - December 31, 2021. 

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE


II. Justification:

It has been determined that it is beneficial to the County as well as the City of Amsterdam, Village of St. Johnsville and the ten towns to renew these agreements.


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 2021 Budget will be $2,341,046.00 total cost of snow and ice control contracts per this resolution.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 173 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, the Department of Public Works, along with the Sheriff's Department, have undergone a review and determined that certain equipment is surplus and no longer needed for department use.

RESOLVED, that the following items are authorized to be sold at auction to the highest bidder without further action needed by the Montgomery County Legislature:

LOT#        ITEM                              

1              2009 Chevrolet Tahoe              VIN#  1GNFK030X9R19714

2              2010  Chevrolet Impala             VIN#  2G1WD5EM2A1185495

3              2007 Chevrolet Impala              VIN#  2G1B58N079357673

4             2007 Chrysler Town & Country  VIN#  1A4GJ45R27B190810

5             2015 Chevrolet Impala               VIN#  2G1WD5E33F11765626

6             Miscellaneous                            Chainsaws

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION APPROVING SALE OF SURPLUS EQUIPMENT


II. Justification:

TO REMOVE SAID EQUIPMENT FROM FIXED ASSETS AND CREATE REVENUE


III. Legislative Impact:

DISPOSAL OF COUNTY PERSONAL PROPERTY IS AUTHORIZED THROUGH COUNTY LAW 215


IV. Financial Impact:

Any funds received for surplus equipment are additional revenue for county that was not budgeted



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 174 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2020 OPERATING BUDGET- SURPLUS EQUIPMENT AUCTION (PUBLIC WORKS)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, the Montgomery County Department of Public Works held a surplus equipment auction from September 9, 2020 - September 24, 2020; and

WHEREAS, a total sum of $4,010.00 was raised from the auction; and

WHEREAS, the Montgomery County Department of Public Works Commissioner is requesting said revenue from sale to be added to the DM 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 2020 Operating Budget as follows:

INCREASE REVENUES     
     
DM-12-3-2665  Sale of Equipment $4,010.00
     
INCREASE APPROPRIATIONS:     
     
DM-12-4-5130-00-.2230  Motor Vehicle Equipment  $4,010.00 


 

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

FOR AUTHORIZATION ALLOWING THE COUNTY TREASURER TO INCREASE BUDGET LINE DM 5130-00-.2230 BY $4,010.00 (DEPARTMENT OF PUBLIC WORKS) FROM AUCTION REVENUE TO BE USED FOR NEW EQUIPMENT PURCHASES.


II. Justification:

EQUIPMENT SOLD IN THE SEPTEMBER EQUIPMENT AUCTION WAS THAT OF DEPARTMENT OF PUBLIC WORKS SURPLUS, AND THERE IS A NEED TO REPLACE EQUIPMENT IN THE DEPARTMENT.


III. Legislative Impact:

PURSUANT TO ARTICLE 2 OF THE CHARTER, THE MONTGOMERY COUNTY LEGISLATURE HAS THE POWER TO MAKE APPROPRIATIONS.


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 AND THE SHERIFF'S DEPARTMENT.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 175 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING 2020 OPERATING BUDGET - OVERTIME (DATA PROCESSING)


Resolution by Legislator: Sweet
Seconded by: Thayer

WHEREAS, th Director of Data Processing has determined that the current 2020 funding in his budget has already been depleted, and more overtime will be necessary, especially with the election in November.

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

TRANSFER FROM:     
A-14-4-1680-00-.4431  Professional Services  $6,000
A-14-4-1680-00-.4438  Misc. Services  $6,000
     
TRANSFER TO:    
A-14-4-1680-00-.1111 (324)  Overtime Pay  $12,000 

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/27/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution Amending 2020 Operating Budget-(Data Processing)


II. Justification:

At the start of the year our overtime budget was halved from what it has been in past years. The past three years approximately $15,000 a year was spent on overtime and this year we were allotted $7,500. We had unexpected overtime during the COVID shutdown as we worked to get the County set up to work remotely and troubleshoot and resolve potential challenges. We will also be having the additional overtime expense of the upcoming election as we provide technical support to Board of Elections. This along with the vacation time buyout will result in a shortage. Due to the services we preform and there necessity to the daily operation of the County we are unable to avoid this overtime fund shortage and request that a transfer be approved.


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:

There is no impact as funds are being transferred no new money is being added.



cc: County Clerk
County Treasurer