RESOLUTION NO. 181 of 2017 DATED: July 25, 2017 RECOMMENDATION:

WHEREAS,  Montgomery County Department of Public Works (hereinafter "DPW") has a need to purchase mechanical parts for Equipment & Materials for Buildings and Grounds; and

WHEREAS, for efficiency purposes, the Montgomery County DPW is recommending outsourcing running the parts department to a private entity; and

WHEREAS, pursuant to a compettitive bidding and selection process by the National Joint Powers Alliance, a public entity from Minnesota, NAPA (doing business as Genuine Parts Company) was awarded a contract to establish a source of supply for auto, truck and bus parts as well as to provide Integrated Business Solution Services; and

WHEREAS, Genuine Parts Company will be required to abide by the Montgomery County Procurement Policy.

RESOLVED, that the County Executive following review and approval by the County Attorney is authorized and directed to execute an agreement with Genuine Parts Company under the terms set forth as awarded by the National Joint Powers Alliance with an amendment requiring them to abide by the Montgomery County Procurement Policy.

RESOLUTION WITHDRAWN BY SPONSOR(7/25/2017)

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly and Purtell voted Nay. Legislator Isabel was absent. (8/22/2017)

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RESOLUTION NO. 189 of 2017 DATED: July 25, 2017 RECOMMENDATION:

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)

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RESOLUTION NO. 197 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, forfeiture monies from drug related cases in the amount of $473.00 has been deposited with the Montgomery County Treasurer; and

WHEREAS, said forfeiture money is to be used to purchase equipment for various law enforcement agencies throughout Montgomery County, it is

RESOLVED, that the Montgomery County Treasurer is hereby authorized to amend the 2017 Operating Budget as follows:

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

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RESOLUTION NO. 198 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature approved the installation of a solar array on the FMCC Campus in Resolution 148 of 2015; and

WHEREAS, it is necessary for National Grid to install a telephone pole to allow the solar array to be hooked into the energy grid.

BE IT FURTHER RESOLVED that the Montgomery County Legislature hereby authorizes the easement with National Grid at the location shown on the map attached hereto and made a part hereof to allow the installation of a telephone pole on the FMCC Campus at the HFM BOCES side of State Highway 67 to allow for the hook up of the previous approved solar energy system to the electric grid; and

BE IT FURTHER RESOLVED that the Montgomery County Executive is authorized and directed to complete any paper necessary to effectuate the easement.

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

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RESOLUTION NO. 199 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, this is the 176th year of the Montgomery County Fonda fair, one of the largest tourist attractions in Montgomery County; and

WHEREAS, Local Law 4 of 2011 established a Hotel and Motel Occupancy Tax (hereinafter “Bed Tax”); and

WHEREAS, funds from the Bed Tax are  “to enhance and develop the general economy of the County and the towns therein through promotion of tourism, conventions, trade shows, and other directly related and supporting activities”; and

WHEREAS, in 2016 1500 youth a day attended the fair at a rate of $15,000 a day; and

WHEREAS, the Montgomery County Ag Society has agreed to accept a flat rate of $7,500 a day to pay for all youth who may attend the fair on Wednesday, August 30th and Friday, September 1st; and

WHEREAS, allowing youth to attend free-of-charge on Wednesday, August 30th and Friday, September 1st promotes tourism and a fun-family experience in the heart of Montgomery County.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into an agreement with the Montgomery County Agricultural Society to pay a flat rate of $15,000.00 in return for all youth being given free admission to the fair on Wednesday, August 30th and Friday, September 1st 2017 to assist in promoting tourism in Montgomery County.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to disburse $15,000.00 to the Montgomery County Agricultural Society from the Bed Tax Contribution - Tourism line item# A-30-4-1010-00-.4577.

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

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RESOLUTION NO. 200 of 2017 DATED: August 22, 2017 RECOMMENDATION:

BE IT ENACTED by the Legislature of the County of Montgomery, as follows: SECTION 1.  Section 4-A of Resolution No. 311, enacted by the Board of Supervisors of the County of Montgomery on December 5, 1967, imposing sales and compensating use taxes, as amended, is amended to read as follows:

Section 4-A.  Imposition of additional rate of sales and compensating use taxes.

Pursuant to the authority of Section 1210 of the Tax Law, in addition to the sales and compensating use taxes imposed by Sections 2 and 4 of this resolution, there is hereby imposed and there shall be paid an additional one percent rate of such sales and compensating use taxes, for the period beginning June 1, 2003, and ending November 30, 2020.  Such additional taxes shall be identical to the taxes imposed by such Sections 2 and 4 and shall be administered and collected in the same manner as such taxes.  All of the provisions of this resolution relating to or applicable to the administration and collection of the taxes imposed by such Sections 2 and 4 shall apply to the additional taxes imposed by this section, including the applicable transitional provisions, limitations, special provisions, exemptions, exclusions, refunds and credits as are set forth in this resolution, with the same force and effect as if those provisions had been incorporated in full into this section and had expressly referred to the additional taxes imposed by this section.

SECTION 2.  Paragraph (B) of subdivision (1) of Section 11 of Resolution No. 311 enacted by the Board of Supervisors of the County of Montgomery on December 5, 1967, imposing sales and use taxes, as amended, is amended to read as follows:  

(B)  With respect to the additional tax of one percent imposed for the period beginning June 1, 2003, and ending November 30, 2020, in respect to the use of property used by the purchaser in  this County prior to June 1, 2003.

SECTION 3.  This enactment shall take effect December 1, 2017.

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

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RESOLUTION NO. 201 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, pursuant to Section 2.10 of the Montgomery County Charter and Section 2.03 (A) xiv of the Rules of Procedure of the Montgomery County Legislature, there shall be an Audit Committee composed of the Chairperson of the Legislature, the Chairperson of the Standing Committee on Budget & Finance and one additional Legislator; and

WHEREAS, the Montgomery County Legislature appoints a member each month to fill the position of the additional Legislator on the Audit Committee; and

RESOLVED, Legislator Duchessi is hereby appointed to serve on the Audit Committee for the month of September 2017, and Legislator Isabel is hereby appointed to serve on the Audit Committee for the month of October 2017.

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

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RESOLUTION NO. 202 of 2017 DATED: August 22, 2017 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 July 26, 2017 through August 22, 2017 and 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, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

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

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RESOLUTION NO. 203 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, the FMCC Allen House Project is being constructed with no dollars from Montgomery and Fulton Counties, and 

WHEREAS, Resolution #133 of 2017 authorized the County Executive to execute certain Agreements for the FMCC Allen House Project, and 

WHEREAS, one of these Agreements was with CME Associates to provide Special Inspection Services, and 

WHEREAS, CME Associates is now being required to perform additional inspection and testing services not included in their original scope of work 

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed to execute Change Order No. 1 in the amount of $4,690 with CME Associates, and be it further 

RESOLVED, that CME Associates revised contract amount will now be: 

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

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RESOLUTION NO. 204 of 2017 DATED: August 22, 2017 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, Carrie Armenio was appointed by the Montgomery County Executive to fill a private sector position; and

WHEREAS, Carrie Armenio has since vacated this position effective May 22, 2017; and

WHEREAS, the County Executive has appointed Christopher Darling to replace the vacated position in the private sector.

RESOLVED, the Montgomery County Legislature hereby confirms the following appointment and term of representative 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. (8/22/2017)

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RESOLUTION NO. 205 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, the Commissioner of the Department of Public Works is requesting a transfer of funds for equipment replacement for the Montgomery, Otsego, Schoharie counties transfer stations landfill; and

WHEREAS, a meeting was held on June 27, 2017, by the post closure committee of the three counties, and it was decided to replace equipment for the landfill sites; and

WHEREAS, the post closure fund is part of the Montgomery County Operating Budget under the Department of Public Works; and

WHEREAS, there is an urgent need to replace equipment for site maintenance;

RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

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

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RESOLUTION NO. 206 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, the County of Montgomery has submitted a request for a consolidated grant of funds to the New York State Department of Transportation, pursuant to Section 5311, Title 49 United States Code, for a project(s) to provide public mass transportation service for Montgomery County for the 2017-2018 fiscal years, and

WHEREAS, the County of Montgomery and the State of New York have entered into a continuing agreement which authorizes the undertaking of the project(s) and payment of the Federal Share and State Share, and

WHEREAS, the County of Montgomery is contracting with a third party subcontractor for the project(s) described above.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign the agreement between Montgomery County and Brown Coach, Inc. to complete the public transportation project(s).

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

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RESOLUTION NO. 207 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, Montgomery County administers an Economic Development Program for the purpose of creating and retaining jobs in Montgomery County; and 

WHEREAS, the Montgomery Industrial Development Agency (MCIDA) has reviewed and recommended approval of a business loan application from Lee Newspaper/Lee Village Properties/Lee Shops At Wagner’s Square; and 

WHEREAS, the said applicant has requested a loan for the purpose of purchasing real estate located at 24 Church Street, Canajoharie NY and for the assistance of purchasing inventory for the new business; and

WHEREAS, said applicant has agreed to create ten (10) full time employee jobs over the next three (3) years and retain 5 (5) full time employees in conjunction with receiving the loan.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign an agreement, and any other legal documents necessary to process an economic development loan, in a principal amount not to exceed $400,000 to Lee Newspaper/Lee Village Properties/Lee Shops At Wagner’s Square; and 

FURTHER RESOLVED, that the proceeds shall come from Montgomery County’s Program Income Account; and 

FURTHER RESOLVED, that said loan shall be payable in not more than two hundred and forty (240) equal monthly installments, with an interest of 4.25% (percent); and 

FURTHER RESOLVED, that, at the time of closing, no more than the sum of $1,500 shall be deducted, to allow for closing fees.

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

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RESOLUTION NO. 208 of 2017 DATED: August 22, 2017 RECOMMENDATION:

WHEREAS, the Department of Social Services (State Training Program) is over budget for 2017. This program covers children who are in Office of Children and Family Services (OCFS) Custody with respect to Juvenile Detention; and

WHEREAS, the Department currently has $250,000 in said budget line (A-18-4-6011-00-.6129), and has received invoices from OCFS covering calendar year 2015 in the amount of $399,368.31; and

WHEREAS, the Department requires additional funding in the amount of $149,368.31 for the 2017 year for the following program; and

WHEREAS, the State Training Program is currently 100% locally funded; and

WHEREAS, the remaining funds in the amount of $149,368.31 needed will be transferred from the Juvenile Delinquent Appropriation Account A-18-4-6011-00-.6123.

RESOLVED, that the Montgomery County Legislators hereby supports, and authorizes the additional funds for the State Training Program.

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

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

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