TO:Education/Government Committee
John M. Duchessi, Chairman, Legislator, District 6
Robert Headwell, Jr., Legislator, District 4
Daniel P. Wilson, Legislator, District 5
Michael J. Pepe, Legislator, District 7
Robert A. Purtell, Legislator, District 9
FROM:Cheryl A. Reese, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer, Media
DATE:3/28/2024
RE:Committee Meetings

Chairman John M. Duchessi has called a meeting of the Education/Government Committee for 6:20 p.m. on Tuesday, July 18, 2017 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York. 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 EXPENDITURE OF BED TAX FUNDS TO THE FORT PLAIN MUSEUM TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)

3. RESOLUTION AUTHORIZING THE COUNTY OF MONTGOMERY TO TRANSFER THE NORTHERN TRANSFER STATION OWNED JOINTLY BY THE COUNTIES OF MONTGOMERY, OTESEGO AND SCHOHARIE TO OTSEGO COUNTY

4. RESOLUTION ENDORSING GRANT APPLICATION - FUL-MONT SNOW TRAVELERS, INC. - NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION (COUNTY LEGISLATURE)

5. RESOLUTION ADOPTING INTRODUCTORY LAW G (LOCAL LAW 7 OF 2017) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN FRANK GRECO AND MONTGOMERY COUNTY

6. RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW H(LOCAL LAW 8 OF 2017) - REPEALING LOCAL LAW 11 of 2002 AND IMPOSING A WIRELESS COMMUNICATIONS SURCHAGE PURSUANT TO TAX LAW 186-g

7. RESOLUTION ADOPTING 2017-2018 FMCC OPERATING BUDGET (COUNTY LEGISLATURE)

8. OTHER

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
186

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO THE FORT PLAIN MUSEUM TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)

Pepe/WilsonMove to Full Legislature
187

RESOLUTION AUTHORIZING THE COUNTY OF MONTGOMERY TO TRANSFER THE NORTHERN TRANSFER STATION OWNED JOINTLY BY THE COUNTIES OF MONTGOMERY, OTESEGO AND SCHOHARIE TO OTSEGO COUNTY

Purtell/PepeMove to Full Legislature
188

RESOLUTION ENDORSING GRANT APPLICATION - FUL-MONT SNOW TRAVELERS, INC. - NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION (COUNTY LEGISLATURE)

Headwell, Jr./KellyMove to Full Legislature
189

RESOLUTION ADOPTING INTRODUCTORY LAW G (LOCAL LAW 7 OF 2017) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN FRANK GRECO AND MONTGOMERY COUNTY

Dimond/SweetMove to Full Legislature
190

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW H (LOCAL LAW 8 OF 2017) - A LOCAL LAW REPEALING LOCAL LAW 11 of 2002 AND IMPOSING A WIRELESS COMMUNICATIONS SURCHAGE PURSUANT TO TAX LAW 186-g

Pepe/WilsonMove to Full Legislature
191

RESOLUTION ADOPTING 2017-2018 FMCC OPERATING BUDGET (COUNTY LEGISLATURE)

Kelly/PepeMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 186 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO THE FORT PLAIN MUSEUM TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Wilson

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, the Fort Plain Museum promotes historic tourism in Montgomery County and is seeking $6,000 to conduct historic tourism related activities in Montgomery County; and

WHEREAS, these activities include but are not limited to a conference on the American Revolution, Drums Along the Mohawk wedding reenactment, the Tryon County Committee of Safety Reenactment, battlefield tours, and the Battle of Stone Arabia Commemoration; 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 $6,000 to the Fort Plain Museum from the Bed Tax Contribution Tourism Line Item  No.: A-30-4-1010-00-.4577 ; and 

BE IT FURTHER RESOLVED, that Mohawk Country receipt of the $6,000 in funds shall be contingent upon Mohawk Country entering into an Agreement and any other required paperwork with Montgomery County indicating that they will only spend funds for their 2017 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 the Fort Plain Museum outlining the above terms as a condition of acceptance of the $6,000.00.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO THE FORT PLAIN MUSEUM  TO PROMOTE TOURISM IN MONTGOMERY COUNTY


II. Justification:

 To promote tourism related activities in Montgomery County.


III. Legislative Impact:

Local Law C of 2014 authorized the use of Bed Tax funds to promote tourism related activities in Montgomery County.


IV. Financial Impact:

Included in the 2017 Operating Budget appropriation for Bed Tax Funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 187 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY OF MONTGOMERY TO TRANSFER THE NORTHERN TRANSFER STATION OWNED JOINTLY BY THE COUNTIES OF MONTGOMERY, OTESEGO AND SCHOHARIE TO OTSEGO COUNTY


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, upon the dissolution of MOSA in 2014, ownership of the northern transfer station and and the landfill, which are both located on the same parcel of property, was transferred to Otsego, Montgomery and Schoharie County as joint owners; and

WHEREAS, a survey has been completed for the parcel and it is now possible to transfer ownership of the northern transfer station to Otsego County while leaving the ownership of the landfill in the names of the three counties for joint monitoring and maintenance as required in the dissolution agreement; and

WHEREAS,  Public Authorities Law 2041-w (2)(a) (ii) requires that ownership of the northern transfer station be transferred to Otsego County.

RESOLVED, that the northern transfer station is no longer necessary for public use by Montgomery County residents and authorizes the transfer of same to the County of Otsego for no consideration as required under Public Authorities Law; and

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes the Montgomery County Executive to sign any documents necessary to effectuate the transfer of ownership of the northern transfer station, as surveyed by Lawson Surveying and Mapping dated August 2016, to Otsego County.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)



Backup

Backup

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY OF MONTGOMERY TO TRANSFER THE NORTHERN TRANSFER STATION OWNED JOINTLY BY THE COUNTIES OF MONTGOMERY, OTESEGO AND SCHOHARIE TO OTSEGO COUNTY


II. Justification:

Transfer of the Northern Transfer Station to Otsego County was part of the agreement for the dissolution of MOSA and required under Public Authorities law.


III. Legislative Impact:

Public Authorities Law 2041-w (2)(a) (ii) states:

In distribution of the assets and liabilities of the authority to the member counties, the following transactions shall occur:

 

     (a) The authority shall convey, and the counties of Montgomery, Otsego and Schoharie, respectively, shall accept, all of the authority's right title and interest in the real property, structures and improvements constituting the transfer stations owned by the authority, including but not limited to any and all permits and licenses attendant thereto, according to the following distribution, without regard to appraised value and without other consideration except as set forth in this section.

 

         (i) to the county of Montgomery, the transfer stations known as the Western transfer station located at 4583 Route 5S in Sprakers, N.Y., and the Amsterdam transfer station located at 1247 Route 5S in Amsterdam, N.Y.;

 

         (ii) to the county of Otsego, the transfer stations known as the Northern transfer station located at 5802 State highway 28 in Cooperstown, N.Y., and the Oneonta transfer station located at 75 Silas Lane in Oneonta, N.Y.; and


IV. Financial Impact:

No impact on fund balance. This was a part of the dissolution Agreement for MOSA.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 188 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION ENDORSING GRANT APPLICATION - FUL-MONT SNOW TRAVELERS, INC. - NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION (COUNTY LEGISLATURE)


Resolution by Legislator: Headwell, Jr.
Seconded by: Kelly

WHEREAS, the Ful-Mont Snow Travelers Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Recreational Trails Program for a trail project to be located partially in Montgomery County, a site located within the territorial jurisdiction of the Montgomery County Legislature; and

WHEREAS, as a requirement under the rules of these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located"; and

WHEREAS, the Ful-Mont Snow Travelers Inc. will meet the twenty percent grant match requirement,

RESOLVED, by this body that the Montgomery County Legislature hereby does approve and endorse the application of the Ful-Mont Snow Travelers Inc. for a grant under the Recreational Trails Program for the trail project known as the Ful-Mont Snow Travelers Trail Groomer Purchase.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi abstained. (7/25/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

ENDORSING GRANT APPLICATION - FUL-MONT SNOW TRAVELERS, INC.


II. Justification:

The grant program requires the Ful-Mont Snow Travelers Inc. to obtain the "approval/endorsement of the governing body of the municipality in which the project will be located".


III. Legislative Impact:

The Montgomery County Legislature has the authority to pass this resolution pursuant to Article 2 of the Charter.


IV. Financial Impact:

No impact to the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 189 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LAW G (LOCAL LAW 7 OF 2017) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN FRANK GRECO AND MONTGOMERY COUNTY


Resolution by Legislator: Dimond
Seconded by: Sweet

WHEREAS, Frank Greco, wishes to lease property from Montgomery County to facilitate an Agreement between Genuine Parts Company and Montgomery County; and

WHEREAS, the lease would be for a period of three (3) years; and

WHEREAS, the lease would be for the stock room which is located on the east side of the first floor of the Montgomery County Department of Public Works Building at 6 Park Street, Fonda, NY; and

WHEREAS, the total dimensions of the space to be leased are approximately 222 feet by 20 feet (4440 square feet); 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 G (Local Law 7) of 2017 hereby is enacted and incorporated as follows:

LOCAL LAW 7 of 2017 - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN FRANK GRECO 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 sign a lease with Frank Greco to facilitate an Agreement between Genuine Parts Company and Montgomery County.

SECTION 2.   That the lands to be leased are described as follows:

The stock room that is located on the east side of the first floor of the Montgomery County Department of Public Works Building at 6 Park Street, Fonda, NY with total dimensions that are approximately 222 feet by 20 feet (4440 square feet).

SECTION 3.  That the property to be leased pursuant to the provisions of this law shall be used by Frank Greco to run the Montgomery County stockroom. No private sales shall be conducted on the property.

SECTION 4.  That the lands described in Section 2 are not being used by the general public.

SECTION 5. The interests of Montgomery County in the lands described in Section 2 were not acquired solely to build a County highway or through tax sale. They may only be leased pursuant to the provisions of this law.

SECTION 6.  That the lands described in Section 2 may be leased to Frank Greco without advertising or competitive bidding.

SECTION 7.  That monthly rent payments by Frank Greco during the 3-year lease shall be $100 a month.

SECTION 8.  That the County Executive is hereby authorized to sign a lease between Frank Greco and Montgomery County to facilitate an Agreement between Genuine Parts Company and Montgomery County

SECTION 9.  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 10.  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. 

SECTION 11.  This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State.

RESOLUTION WITHDRAWN BY SPONSOR(7/25/2017)

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Isabel was absent. (8/22/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

ADOPTING INTRODUCTORY LAW G (LOCAL LAW 7 OF 2017) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN FRANK GRECO AND MONTGOMERY COUNTY


II. Justification:

Frank Greco has requested to lease said the property from Montgomery County for three (3) years to facilitate an Agreement between Genuine Parts Company and Montgomery County.


III. Legislative Impact:

The Legislature is empowered by the Municipal Home Rule Law to pass local laws relating to leasing County owned property.


IV. Financial Impact:

Will result in three years of lease payments at $100 a month being received by Montgomery County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 190 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW H (LOCAL LAW 8 OF 2017) - A LOCAL LAW REPEALING LOCAL LAW 11 of 2002 AND IMPOSING A WIRELESS COMMUNICATIONS SURCHAGE PURSUANT TO TAX LAW 186-g


Resolution by Legislator: Pepe
Seconded by: Wilson

Wireless Communications Surcharge authorized by Tax Law 186-g of the County Legislature of Montgomery of Montgomery County, repealing the wireless communications surcharge authorized by Article Six of the County Law of the State of New York; and imposing the wireless communications surcharges pursuant to the authority of Tax Law 186-g

Be it enacted by the County Legislature of Montgomery of Montgomery County, as follows:

INTRODUCTORY LOCAL LAW H (LOCAL LAW 8 OF 2017) A LOCAL LAW REPEALING LOCAL LAW 11 of 2002 AND IMPOSING A WIRELESS COMMUNICATIONS SURCHAGE PURSUANT TO TAX LAW 186-g

SECTION 1. Local Law 11 of 2002 Imposing a Surcharge on Wireless Communication Devices, Whose Place of Primary Use is Within Montgomery County, to Defray Costs of the Public Safety Communications System Serving Montgomery County is hereby REPEALED.

SECTION 2. Imposition of wireless communications surcharges.

(a) Pursuant to the authority of Tax Law 186-g, there are hereby imposed and there shall be paid surcharges within the territorial limits of the County of Montgomery on: (i) wireless communications service provided to a wireless communications customer with a place of primary use within such county, at the rate of thirty cents per month on each wireless communications device in service during any art of the month; and (ii) the retail sale of prepaid wireless communications service sold within such county, at the rate of thirty cents per retail sale, whether or not any tangible personal property is sold therewith.

(b) Wireless communications service suppliers shall begin to add such surcharge to the billings of its customers and prepaid wireless communications sellers shall being to collect such surcharge from its customers commencing December 1, 2017.

(c) Each wireless communications service supplier and prepaid wireless communications seller is entitled to retain, as an administrative fee, an amount equal to three percent of its collections of the surcharges imposed by this local law, provided that the supplier or seller files any required return and remits the surcharges due to the New York State Commissioner of Taxation and Finance on or before its due date.

SECTION 3. Administration of surcharges. The surcharges imposed by this local law shall be administered and c ollected by the New York State Commissioner of Taxation and Finance as provided in paragraph (8) of Tax Law 186-g, and in a like manner as the taxes imposed by Articles Twenty-eight and Twenty-nine of the Tax Law.

SECTION 4. Applicability of State law to surcharges imposed by this local law. All the provisions of Tax Law 186-g shall apply to the surcharges imposed by this local law with the same force and effect as if those provisions had been set forth in full in this local law, except to the extent that any of those provisions is either inconsistent with or not relevant to the surcharges imposed by this local law.

SECTION 5. Net collections received by this county from the surcharges imposed by this local law shall be expended only upon authorization of the County Legislature of the County of Montgomery and only for payment of system costs, eligible wireless 911 service costs, or other costs associated with the administration, design, installation, construction, operation, or maintenance of public safety communications networks or a system to provide enhanced wireless 911 serving such county, as provided in paragraph (9) of Tax Law 186-g, including, but not limited to, hardware, software, consultants, financing and other acquisitions costs. The county shall separately account for and keep adequate books and records of the amount of all such monies exceeds the amount necessary for payment of the above mentioned costs in such fiscal year, such excess shall be reserved and carried over for the payment of those costs in the following fiscal year.

SECTION 6. Effective date. This local law shall take effect December 1, 2017.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (7/25/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Local Law County repealing the wireless communications surcharge authorized by Article Six of the County Law of the State of New York and imposing the wireless communications surcharges pursuant to the authority of Tax Law 186-g


II. Justification:

The State has repealed the authority granted under Article 6 of the County Law whch authorized counties to impose a wireless communications surcharge and replaced it with Tax law 186-g, which authoirzes a State administered wireless surcharge. Accordingly a new local law is required.


III. Legislative Impact:

The wireless Communications Surcharge is now authorized by Tax Law 186-g instead of Article 6 of the County Law, requiring new legislation.


IV. Financial Impact:

Will replace the currently authorized wireless surcharge. All funds received will go to the 9-11 fund. No impact on fund balance.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 191 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION ADOPTING 2017-2018 FMCC OPERATING BUDGET (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, the Fulton-Montgomery Community College Board of Trustees has presented Fulton and Montgomery County, the sponsoring counties, with a 2017-2018 budget request, proposing a total FMCC budget of $20,807,859; and

WHEREAS, a public hearing related to the adoption of said FMCC Budget was held on July 25, 2017; and

WHEREAS, that the amount to be appropriated by the County of Montgomery, as its sponsor share of said Budget, shall be $1,495,821; which is 8% of the Operating Budget.

FURTHER RESOLVED, that said sponsor’s share shall be included in the Montgomery County Operating Budget for 2018, as provided for in Section 6304 of the Education Law of the State of New York, and

FURTHER RESOLVED, that this Resolution shall take effect upon adoption of a similar Resolution by the Fulton County Board of Supervisors.

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ADOPTING 2017-2018 FMCC OPERATING BUDGET (COUNTY LEGISLATURE)


II. Justification:

The Fulton-Montgomery Community College Board of Trustees has presented Fulton and Montgomery County, the sponsoring counties, with a 2016-2017 budget request, proposing a total FMCC budget of $20,807,859


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Montgomery County's sponsor share will be $1,495,821



cc: County Clerk
County Treasurer