Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:10 p.m. on Tuesday, October 19, 2021 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068. 

This meeting is in person, however, members of the public may also participate in the meeting by calling 1-408-650-3123, Access Code 504-746-845. Minutes of the hearing 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 CONFIRMING APPOINTMENT/TERM OF REPRESENTATIVE TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE

3.  RESOLUTION TO SETTLE  LITIGATION - CARTER V MONTGOMERY COUNTY (LAW)

4.  RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO MOHAWK COUNTRY, INC. TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)

5.  RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY

6.  OTHER

RESOLUTION NO. 228 of 2021 DATED: October 26, 2021 RECOMMENDATION:

WHEREAS, In accordance with The Workforce Innovation and Opportunity Act of 2014 (WIOA) (P.L. 113-128) , the Counties of Fulton, Montgomery, and Schoharie entered into an agreement as described in WIOA to organize and implement activities pursuant to WIOA and in accordance with requirements established by the Governor of the State of New York (Governor) for purposes of implementing programs and services under WIOA; and

WHEREAS, the membership of the WDB shall be appointed by the Chief Local Elected Officials (CLEO); and

WHEREAS, each CLEO shall appoint an equal number of Workforce Development Board members. There shall be four public sector and five private sector members appointed by each CLEO. The CLEOs shall among themselves agree so that all of the mandatory representatives listed under WIOA Section 107 will be represented; and

WHEREAS, Andrea Schribner, who represented the Public Sector has resigned, leaving a vacancy in the Public Sector and it has been recommended by the County Executive to replace her with Christie Davis filling the unexpired term of 6/30/2023.

WHEREAS, Dave Fariello, who represented the Private Sector has resigned, leaving a vacancy in the Public Sector and it has been recommended by the County Executive to replace him with Angela Kehl filling the unexpired term of 6/30/2023.

WHEREAS, the current board consists as follows:

RESOLVED, the Montgomery County Legislature hereby confirms the following appointment and term of respresentative to the Fulton, Montgomery and Schoharie Workforce Development Board made by the County Executive; effective immediately:

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 229 of 2021 DATED: October 26, 2021 RECOMMENDATION:

WHEREAS, Montgomery County is currently a party to ongoing claims brought by Dawn Carter; and

WHEREAS, the Montgomery County Legislature is desireous of settling these claims; and

WHEREAS, the Montgomery County Legislature has been made aware of the terms of a tentative settlement resolving all potential claims without admission of liability which has been agreed to by the representatives of the various parties involved; and

RESOLVED, that any necessary County parties upon review and approval of the County Attorney, are hereby authorized to execute a Settlement Agreement in the above referenced case on behalf of the county, as well as other documents necessary to effectuate such settlement.

RESOLUTION VOTE, passed with Aye(7). Legislator Purtell abstained. Legislator Isabel was absent. (10/26/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 230 of 2021 DATED: October 26, 2021 RECOMMENDATION:

WHEREAS, Local Law C of 2014 established a hotel and motel occupancy tax in Montgomery County (hereinafter "Bed Tax"); and

WHEREAS, revenue from the Bed Tax is to be used to enhance and develop the general economy of Montgomery County through the promotion of tourism, conventions, trade shows and other directly related and supported activities; and

WHEREAS, Mohawk Country, Inc. promotes historic tourism in Montgomery County and is seeking $10,000 to conduct historic tourism related activities in Montgomery County; and

WHEREAS, these activities include but are not limited to supporting the Fort Plain Museum's Rebels, Redcoats & Zombies halloween Event, the Fort Plaint Museum's Holiday Author Fair, the Nellis Tavern Evenign at the Tavern, the Fort Klock Craft Fair; and

WHEREAS, these activities are anticipated to promote tourism and enhance and develop the general economy of Montgomery County. 

NOW THEREFORE BE IT RESOLVED that the Montgomery County Legislature authorizes and directs the Montgomery County Treasurer to disburse $10,000 to Mohawk Country, Inc. from the Bed Tax Contribution Tourism line ; and 

BE IT FURTHER RESOLVED, that Mohawk Country receipt of the $10,000 in funds shall be contingent upon Mohawk Country, Inc. entering into an Agreement and any other required paperwork with Montgomery County indicating that they will only spend funds for their 2021 Mohawk Country Events Budget to promote historic tourism in Montgomery County; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed, upon review and approval of the County Attorney, to enter into a contract with Mohawk Country, Inc. outlining the above terms as a condition of acceptance of the $10,000.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 231 of 2021 DATED: October 26, 2021 RECOMMENDATION:

WHEREAS, Montgomery County wishes to enter into a lease with Cellco Partnership DBA Verizon  for Verizon toi nstall, maintain and operate communications equipment at the Montgomery County Jail; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law E (Local Law 5 of 2021) hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENTS BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1. The purpose of this local law is to authorize the Montgomery County Executive to enter into a lease with Cellco Partnership dba Verizon (hereinafter "Verizon"), their successors and assigns,  to construct, and maintain and operate the radio communications equipment, antennas and appurtenances.

SECTION 2.   That the space to be leased  is a portion of 200 Clark Drive, Town of Glen, County of Montgomery, State of New York (Tax Map No. 52.-2-30.12)  measuring approximately five thousand, six hundred twenty-five square feet,  sufficient to install, maintain and operate communications equipment,  as shown on Exhibit "A" which is attached hereto and made a part hereof(hereinafter the "Premises") ; together with the non‑exclusive right (“the Right of Way”) for ingress and egress, seven (7) days a week, twenty‑four (24) hours a day, over the property to and from the Premises for the purpose of installation, operation and maintenance of LESSEE’s communications equipment over or along a twenty (20) foot wide right-of-way (“Easement”),  as along the existing driveway. Verizon may use the Easement for the installation, operation and maintenance of underground (if permitted by the utility provider) wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. In addition, Montgomery County  grants Verizon two (2) ten (10) foot wide utility easements for the installation, operation and maintenance of underground (if permitted by the utility provider) wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services.  In the event it is necessary, Montgomery County agrees to grant Verizon or the support services provider the right to install such services on, through, over and/or under the Property, provided the location of such services shall be reasonably approved by Montgomery County in advance of any work being done. 

Verizon will reserve space on the tower for antennas and within the fenced compound for base station equipment of Montgomery County. Montgomery County's equipment will not incur a rent charge for using the space but the Montgomery County will be responsible for its own utility charges and all costs associated with installing and maintaining its equipment. Montgomery County's tower space will be located below the level necessary for the antenna arrays of three commercial carriers. The loading of Montgomery County's antennas and equipment shall not exceed that of a standard antenna array for a commercial carrier. Montgomery County will follow the typical application and review process required for any entity to collocate on a Verizon Wireless structure and shall bear the standard costs associated with that review process. Montgomery County may not sub-lease or assign its rights hereunder. 

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

SECTION 4. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law.

SECTION 5.  That the lands described in Section 2 may be leased to Verizon without advertising or competitive bidding.

SECTION 6.  That rent from Verizon shall be $18,000 annually to be paid in equal monthly installments on the first day of the month. The annual rental for  each such five (5) year extension term shall be equal to one hundred two percent (102%) of the annual rental payable with respect to the immediately preceding five (5) year term. In the event that Verizon subleases space on the ground or on the tower  to a second or additional telecommunications carrier or other commercial entity, Verizon shall pay $300 per month to Montgomery County. Verizon shall have the sole right to determine whether it will sublet, license or otherwise allow the use of any portion of the Premises or whether it will sublet, license or enter into any other usage agreement with any specific user. If Verizon holds over after the expiration or earlier termination of the Term, then the lease shall continue on a month to month basis at the then existing monthly rental rate or the existing monthly pro-rata basis if based upon a longer payment term, until the removal of the communications equipment is completed. 

Verizon shall also have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which Montgomery County demonstrates is the result of Verizon's use of the Premises and/or the installation, maintenance, and operation of the Verizon's improvements, and any sales tax imposed.

Verizon shall be responsible for the cost of installation of any utilities and any utility charges. Montgomery County shall allow access if any utilities need to be installed.

SECTION 7.  Upon termination, Verizon shall not be entitled to reimbursement for any fees paid prior to termination. Montgomery County additionally shall be entitled to a Termination Fee equal to the Rental for the lesser of the remaining rent for the then current term under the Land Lease or one year of rent . In addition, upon termination Montgomery County shall have the option to purchase the tower at fair market value, or remove the communications equipment (except footings) and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted.

SECTION 8.  Montgomery County agrees to execute a Memorandum of this Agreement, which Verizon may record with the appropriate recording officer. 

SECTION 9.  Verizon shall be required to recieve any necessary governmental approvals, including SEQRA approvals, prior to construction.

SECTION 10. That the County Executive be, and hereby is, authorized to sign a lease for a term of five years between Montgomery County and Verizon that shall automatically be extended for four (4) additional five (5) year extension terms unless Verizon terminates at the end of the then current term.

SECTION 11.  To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York it shall supersede that section.

SECTION 12.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: