AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
May 22, 2018
Tuesday
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

     B. Presentations

  • Montgomery County Emergency Services Accrediation Recognition

     C. Proclamations

  • Montgomery County Courthouse Staff
  • Dairy Month - June 2018

VI. Communications

VII. Approval of Minutes

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
101

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

Sweet/PepeMove to Full Legislature
102

RESOLUTION AUTHORIZING GRANT FOR MONTGOMERY COUNTY BIKE TRAIL RESTORATION PROJECT-OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) (ECONOMIC DEVELOPMENT AND PLANNING)

Pepe/WilsonMove to Full Legislature
103

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE VILLAGE OF CANAJOHARIE (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/PurtellMove to Full Legislature
104

RESOLUTION SCHEDULING PUBLIC HEARING – MONTGOMERY COUNTY AGRICULTURE MICROENTERPRISE PROGRAM– OFFICE OF HOMES AND COMMUNITY RENEWAL (ECONOMIC DEVELOPMENT & PLANNING)

Kelly/PepeMove to Full Legislature
105

RESOLUTION AMENDING THE 2018 OPERATING BUDGET AND ESTABLISHING 2 FULL-TIME SEASONAL (TEMPORARY) STRUCTURAL MAINTENANCE HELPER POSITIONS (PUBLIC WORKS)

Purtell/SweetMove to Full Legislature
106

RESOLUTION TO APPROVE M.J. ENGINEERING AND LAND SURVEYING, P.C., AS THE ENGINEERING FIRM FOR THE CDBG- DISASTER RECOVERY NEW YORK RISING COMMUNITY RECONSTRUCTION PROJECT, "ACQUISITION, DEMOLITION AND PUBLIC PARK FOR FORT HUNTER" (PUBLIC WORKS)

Sweet/PepeMove to Full Legislature
107

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN INTERMUNICIPAL AGREEMENT FOR LEACHATE DISPOSAL WITH THE VILLAGE OF CANAJOHARIE (PUBLIC WORKS)

Purtell/KellyMove to Full Legislature
108

RESOLUTION AMENDING THE 2018 OPERATING BUDGET- CHIPS (CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM) FUNDS (PUBLIC WORKS)

Pepe/KellyMove to Full Legislature
109

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH ____________FOR CONSTRUCTION SERVICES- PUBLIC SAFETY GARAGE PROJECT

Pepe/SweetMove to Full Legislature
110

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AND EXECUTE A CONTRACT AGREEMENT - NY ALERT (EMERGENCY MANAGEMENT)

Sweet/WilsonMove to Full Legislature
111

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT AND AMENDING THE 2018 OPERATING BUDGET – 2018 RESOURCE ALLOCATION PLAN AND AMENDING 2018 OPERATING BUDGET (YOUTH & VETERANS’ SERVICES)

Wilson/PepeMove to Full Legislature
112

RESOLUTION AMENDING THE 2018 OPERATING BUDGET TO TRANSFER FUNDS FOR YOUTH DAY-2018 (YOUTH, ATI & VETERANS)

Sweet/KellyMove to Full Legislature
113

RESOLUTION AUTHORIZING CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT

Pepe/WilsonMove to Full Legislature
114

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION (COUNTY LEGISLATURE)

Pepe/PurtellMove to Full Legislature
115

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE)

Kelly/WilsonMove to Full Legislature
116

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW D OF 2018 - LOCAL LAW 4 0F 2018 - A LOCAL LAW ESTABLISHING SALARY SCHEDULE OF DISTRICT ATTORNEY (COUNTY LEGISLATURE)

Purtell/WilsonMove to Full Legislature
117

RESOLUTION AMENDING 2018 OPERATING BUDGET - MANDATED SALARY INCREASE

Headwell, Jr./PurtellMove to Full Legislature
118

RESOLUTION ADOPTING POLICY AND PRACTICE GUIDELINES FOR THE COUNTY EXECUTIVE TO DETERMINE EXPENDITURES, LIMITS AND PRIORITIES OF THE 2019 OPERATING BUDGET (COUNTY LEGISLATURE)

Sweet/WilsonMove to Full Legislature
119

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Isabel/SweetMove to Full Legislature
120

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED MAY 22, 2018, AUTHORIZING THE DEMOLITION AND REMEDIATION OF THE BEECH NUT SITE WITHIN THE COUNTY, ESTIMATING THE AGGREGATE COST THEREOF TO BE $3,000,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,000,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST

Headwell, Jr./PurtellMove to Full Legislature
121

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN EASEMENT AGREEMENTS, NEW YORK RISING, CDBG, CULVERTS IN MONTGOMERY COUNTY, TOWN OF AMSTERDAM AND TOWN OF FLORIDA (PUBLIC WORKS)

Pepe/SweetDid Not Go Through Committee
122

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO THE AMSTERDAM WATERFRONT FOUNDATION TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)

Purtell/KellyDid Not Go Through Committee
123

RESOLUTION APPOINTING MEMBER TO THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND CAPITAL RESOURCE CORPORATION (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/WilsonDid Not Go Through Committee
124

RESOLUTION ESTABLISHING THE POSITION OF PROBATION SUPERVISOR (PROBATION)

Dimond/PepeDid Not Go Through Committee



Montgomery County Seal!RESOLUTION NO. 101 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

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


Resolution by Legislator: Sweet
Seconded by: Pepe

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 $15,000 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 $15,000 to Mohawk Country, Inc. from the Bed Tax Contribution Tourism Line Item  No.: A-01-4-1011-00-.4577 ; and 

BE IT FURTHER RESOLVED, that Mohawk Country receipt of the $15,000 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 2018 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 $15,000.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO MOHAWK COUNTRY, INC. 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:

Use of $15,000 bed tax money.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 102 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING GRANT FOR MONTGOMERY COUNTY BIKE TRAIL RESTORATION PROJECT-OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the New York State Office of Parks Recreation and Historic Preservation (OPRHP) accepted applications through the Consolidated Funding Application (CFA) for projects that would further the goals and objectives of the NYS Office of Parks Recreation and Historic Preservation Plan and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Montgomery County submitted an application through the 2015 CFA process for the Montgomery County Bike Trail Restoration project; and

WHEREAS, the project requested funding in order to pave the unpaved sections of the Canalway Trail; and

WHEREAS, that said grant funding was awarded in the amount of $200,000 from the NYS OPRHP with a County share of $50,000 in in-kind services;

WHEREAS, New York State Office of Parks, Recreation and Historic Preservation is the owner of the Canalway Trail that is maintained by Montgomery County per Resolution 292 of 2017;

RESOLVED, That Montgomery County is hereby authorized and directed to accept funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of the Recreational Trails Program, in an amount not to exceed $200,000, and enter into and execute a project agreement with the State for such financial assistance to Montgomery County for the County’s Bike Trail Restoration project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.

FURTHER RESOLVED, that the Montgomery County Department of Economic Development & Planning and the Department of Public Works are hereby authorized to administer said application on behalf of Montgomery County; and

FURTHER RESOLVED, upon review of the provided contract with NYS Office of Parks Recreation and Historic Preservation (OPRHP) by the County Attorney, the County Executive is hereby authorized to sign said contract, and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget as follows:

INCREASE REVENUES: 

 

 

A-24-3-3889

Other Culture & Recreation

$200,000.00

INCREASE APPROPRIATIONS:

 

 

A-24-4-7180-00-.4572 

Recreation Trails

$200,000.00

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes the acceptance of a grant from the Office of Parks, Recreation and Historic Preservation of $200,000 for paving of portions of the bike path through Montgomery County and amends the 2018 Budget to reflect such.


II. Justification:

Montgomery County applied for and received a grant in the amount of $200,000 from the Office of Parks, Recreation and Historic Preservation which requires acceptance of grant, signing of contract and budget amendment.


III. Legislative Impact:

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


IV. Financial Impact:

Grant match from County is coming from in-kind services of the County DPW.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 103 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE VILLAGE OF CANAJOHARIE (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Purtell

WHEREAS, the Village Canajoharie and Montgomery County has an interest in revitalizing urban areas and stabilizing neighborhoods; and

WHEREAS, the Village of Canajoharie and Montgomery County recognize that the renewal of the these downtown areas throughout the County will strengthen the local economy and increase quality of life for residents; and

WHEREAS, the Village of Canajoharie was awarded a $1 million dollar and $6 million dollar grant from the  2017 New York State Empire State Development Corporation, Restore NY Communities Initiative Municipal Grant Program (hereinafter “Restore NY Grant”) ; and

WHEREAS, the subject of these grant awards is revitalizing the former Beech-Nut facility in Canajoharie, NY, which th County foreclosed on in 2017; and

WHEREAS, the Restore NY Grant will require the Village of Canajoharie and Montgomery County to work together to accomplish the goals in the grant by performing their respective functions, powers and duties on a cooperative contract basis; and

WHERAS, a Memorandum of Understanding has been drafted setting forth the roles of the Village of Canajoharie and Montgomery County in the administration of the grant; and

WHEREAS, entering into this Memorandum of Understanding is to the benefit of both the Village of Canajoharie and Montgomery County.

RESOLVED, that the Montgomery County Executive, upon review and approval by the County Attorney, is authorized to enter into a Memorandum of Understanding with the Village of Canajoharie regarding the Restore NY Grant.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizing the Montgomery County Executive to enter into a Memorandum of Understanding with the Village of Canajoharie regarding the Restore NY Grant.


II. Justification:

The Restore NY Grant will require the Village of Canajoharie and Montgomery County to work together to accomplish the goals in the grant by performing their respective functions, powers and duties on a cooperative contract basis. This Memorandum of Understanding will set forth the terms of how the municipalities will work together.


III. Legislative Impact:

Pursuant to Article 3 of the Montgomery County Charter the Montgomery County Executive has the authority to enter into contracts. Pursuant to General Municipal Law §110-o municipal corporations are authorized to enter into agreements for the performance among themselves of one of their respective functions, powers and duties on a cooperative contract basis.


IV. Financial Impact:

A bonding resolution is up to provide the necessary match for this Agreement.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 104 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION SCHEDULING PUBLIC HEARING – MONTGOMERY COUNTY AGRICULTURE MICROENTERPRISE PROGRAM– OFFICE OF HOMES AND COMMUNITY RENEWAL (ECONOMIC DEVELOPMENT & PLANNING)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, Montgomery County is applying for funding for economic development purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Microenterprise Program, and

WHEREAS, the Office of Community Renewal provides grants to communities that wish to sponsor economic development activities that create or retain jobs for low- and moderate-income persons. The goal of the program is to fund projects that result in high quality, full-time jobs that are well paying and provide benefits and training to low- and moderate-income persons, and

WHEREAS, Montgomery County has prioritized economic development and job creation provisions which will result in a direct and positive impact to low and moderate income persons, and

WHEREAS, Montgomery County has been very successful in helping existing and start-up agriculture businesses with their 2017 NYS HCR Microenterprise grant; and

WHEREAS, they want to continue on the success of the previous available funding; and

WHEREAS, Montgomery County has supplied a request for funding for a Montgomery County Agriculture Microenterprise Round 2 program, under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program, and

WHEREAS, program requirements include the provision to hold a public hearing on the grant application, and LET IT BE

RESOLVED, that the County Legislature hereby schedules a Public Hearing on the Montgomery County Agriculture Microenterprise grant to be held at 6:55 p.m., Tuesday, June 26, 2018 in the Chambers of the County Legislature, County Office Building, Fonda, New York, and

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit all required application and subsequent reporting materials for funding under the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Microenterprise Program.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes scheduling a required public hearing in relation to the County's Agriculture Microenterprise Grant Program


II. Justification:

Public Hearing is required per the grant regulations


III. Legislative Impact:

Authorized Pursuant to the Montgomery Charter Article 2 & Article 3


IV. Financial Impact:

Cost of Publication of Hearing



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 105 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2018 OPERATING BUDGET AND ESTABLISHING 2 FULL-TIME SEASONAL (TEMPORARY) STRUCTURAL MAINTENANCE HELPER POSITIONS (PUBLIC WORKS)


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, the Commissioner of Public Works is requesting the addition of 2 full-time Seasonal (Temporary) Structural Maintenance helpers for Bike Path Maintenance at a cost of $28,900; and

WHEREAS, the Commissioner of Public Works has reviewed the required work load for the season, and has determined that Seasonal (Temporary) help is needed; and

WHEREAS, the Commissioner had requested for Seasonal (Temporary) help in the 2018 budget request, but said request was denied; and

RESOLVED, the Montgomery County Legislature will re-establish the position(s) of Temporary Seasonal Structural Maintenance Helper(s); and

FURTHER RESOLVED, that the County Treasurer is authorized to amend the 2018 Operating Budget as follows:

TRANSFER FROM:     
A-30-4-1990-00-.4400   Contingent Account  $28,900.00
     
TRANSFER TO:     
A-12-4-7180-00-.1130 (1396)  Special Recreation Facility - Temp Employees  $28,900.00

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The Department of Public Works currently has a need for Seasonal (Temporary) help for the maintenance of the Bike Path.


II. Justification:

Montgomery County has a contract with New York State Parks and Recreation to provide maintenance to the Bike Path.


III. Legislative Impact:

The County Legislators have the power to establish positions and make appropriations purusant to Article 2 of the Charter.


IV. Financial Impact:

Impact of $28,900.00 to the County Budget for the 2018 season.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 106 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION TO APPROVE M.J. ENGINEERING AND LAND SURVEYING, P.C., AS THE ENGINEERING FIRM FOR THE CDBG- DISASTER RECOVERY NEW YORK RISING COMMUNITY RECONSTRUCTION PROJECT, "ACQUISITION, DEMOLITION AND PUBLIC PARK FOR FORT HUNTER" (PUBLIC WORKS)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, Montgomery County is the subrecipient for New York Rising, CDBG Project, Property Acquisition and Public Park on behalf of the Town of Florida; and

WHEREAS,a Request for Qualifications was issued by Montgomery County; and

WHEREAS, Montgomery County, New York, on behalf of the Town of Florida, New York, Request for Qualifications Evaluation Committee has recommended M.J. Engineering and Land Surveying, P.C., for this project; and

WHEREAS, the County Executive of Montgomery County, New York, has permission, through a Subrecipient Agreement between the County of Montgomery and the Governor's Office of Storm Recovery, to sign documents pertaining to this project; and 

WHEREAS, the Governor's Office of Storm Recovery is reviewing the process utilized by Montgomery County, New York, in its procurement of engineering services for the County to enter into a contract with the aforementioned firm.

NOW, THEREFORE, BE IT RESOLVED, by the Montgomery County Legislature, acting as the governing authority of Montgomery County, New York, certifies approval of the Montgomery County Executive to execute a contract with M.J. Engineering and Land Surveying, P.C., to perform engineering design services for the above-named project, contingent on Governor's Office of Storm Recovery approval.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi abstained. (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Approval of engineering firm selected by Selection Committee for New York Rising CDBG Project located in the Town of Florida, New York.


II. Justification:

Engineering services are required for the project.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts. Resolution No. 254 of 2015 authorized the County Executive to enter into the Subrecipient Agreement with the Governor's Office of Storm Recovery.


IV. Financial Impact:

The Project is 100% funded by the New York Rising CDBG Program



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 107 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN INTERMUNICIPAL AGREEMENT FOR LEACHATE DISPOSAL WITH THE VILLAGE OF CANAJOHARIE (PUBLIC WORKS)


Resolution by Legislator: Purtell
Seconded by: Kelly

WHEREAS, Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management; and

WHEREAS, said agreement calls for Montgomery County to provide post closure services and bill the other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage plant, and the Village of Canajoharie operates such plant; and

WHEREAS, the Village of Canajoharie currently accepts the leachate generated by the landfills; and

WHEREAS, the current contract with the Village of Canajoharie which sets forth the terms and provisions for the acceptance of the leachate generated by the landfills for treatment (hereinafter referred to as the "leachate Agreement") is about to expire; and

WHEREAS, Montgomery County and the Village of Canajoharie are municipal corporations; and

WHEREAS, Montgomery County and the Village of Canajoharie will both benefit from the Leachate Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign the Leachate Agreement, which is an intermunicipal agreement for leachate disposal, with the Village of Canajoharie for a term of one year.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Attachment

Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing the County Executive to sign the Leachate Agreement with the Village of Canajoharie.


II. Justification:

Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management which requires Motgomery County to proviide post closure services and bill the other counties.  The contract currently in place to dispose of leachate for the landfills with the Village of Canajoharie is about to expire and needs to be renewed or other arrangements made.


III. Legislative Impact:

Pursuant to General Municipal Law 119-o, municipal corporations have the power to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis.  Pursuant to Article 3 of the Charter,the  Montgomery County Executive has the authroity to enter in Contracts.


IV. Financial Impact:

Costs are paid jointly by Otsego, Schoharie and Montgomery Counties, and have been included in the 2018 Operating Budget.

Annual total cost for 2017 was $101,814.00.  Year to date cost for 2018 so far is at $16,873.00.  Contract is an annual contract beginning June 1 of each year.  Additional spreadsheet is attached.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 108 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2018 OPERATING BUDGET- CHIPS (CONSOLIDATED HIGHWAY IMPROVEMENT PROGRAM) FUNDS (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Kelly

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 2018 Operating Budget as follows:

INCREASE REVENUES:     
 D-12-3-3501                 Consolidated Highway Aid  $954,559.99 
     
INCREASE APPROPRIATIONS:     
D-12-4-9900-00-.9950  Interfund Transfer-Capital Project Fund  $954,559,99 

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Amend the 2018 Operating Budget to adjust for an increase in CHIPS Funds so they can be spent in 2018


II. Justification:

The final state allocation of CHIPS funds in now known


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the authority to make appropriations


IV. Financial Impact:

No financial impact to the County.  Funding is a 100%  reimbursable program



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 109 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH ____________FOR CONSTRUCTION SERVICES- PUBLIC SAFETY GARAGE PROJECT


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, Resolution # 147 of 2017 accepted the grant funding award for the County for the Public Safety Emergency Services Facility Project in the amount of $671,575 from the Department of Environmental Conservation (DEC); and

WHEREAS, the County Legislature through Resolution 142 of 2017 authorized bonding for said project in the amount of $1,340,000; and

WHEREAS, the county solicited BID #02-18 and responses were received; and

WHEREAS, the Montgomery County public safety garage steering committee has reviewed all bids and recommends that contracts be awarded to the lowest, responsible, responsive bidder being:

_________________ for the General Contract at a cost not to exceed $__________.

_________________ for the Mechanical Contract at a cost not to exceed $__________.

_________________ for the Electrical Contract at a cost not to exceed $__________.

_________________ for the Plumbing Contract at a cost not to exceed $__________.

_________________ for the Site Work Contract at a cost not to exceed $__________.

RESOLVED, the Montgomery County Legislature hereby authorizing an awarding contract to:

_________________ for the General Contract at a cost not to exceed $___________.

_________________ for the Mechanical n Contract at a cost not to exceed $___________.

_________________ for the Electrical Contract at a cost not to exceed $___________.

_________________ for the Plumbing Contract at a cost not to exceed $___________.

_________________ for the Site Work Contract at a cost not to exceed $___________.

FURTHER RESOLVED, that the County Executive, upon the review and approval of the County Attorney, is hereby authorized and directed to sign the aforementioned contracts.

RESOLUTION WITHDRAWN BY SPONSOR(5/22/2018)

RESOLUTION WITHDRAWN BY SPONSOR(5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes the entering into contracts for the construction of the Public Safety Emergency Services Garage.


II. Justification:

This project is a part of the adopted County Capital Plan to relocate the Emergency Service vehicles out of the flood zone in the Village of Fonda.


III. Legislative Impact:

Authorized pursuant to Article 2 and 3 of the Charter.


IV. Financial Impact:

Resolution 142 of 2017 authorized bonding in the amount of $1,340,000 for the project.  The County would be reimbursed up to 50% of that the amount of construction not to exceed $671,575.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 110 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AND EXECUTE A CONTRACT AGREEMENT - NY ALERT (EMERGENCY MANAGEMENT)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, there is a need to provide mass communication for emergencies, alerts, weather notices, to the public and Montgomery County staff; and
 
WHEREAS, this mass communication system is provided at no cost to the County via the State of New York; and
 
WHEREAS, this system enhances public safety by alterting the public and Montgomery County staff of ongoing emergencies. 

RESOLVED, upon review and approval of the County Attorney, the County Executive is hereby authorized to execute a contract with NY Alert for a term of five years at no cost to the County.
 

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AND EXECUTE A CONTRACT AGREEMENT - NY ALERT 


II. Justification:

NY Alert at one time was maintained by the State of New York and provided to citizens for free.  A company named Everbridge has taken the system over and the State has paid them to provide this to counties free of charge for five years.  This system will allow us to communicate with staff and send out mass notification messages.  When people from the public sign up for free they may also receive notifications directly from the state or the National Weather Service.  This is a benefit for us and something we are still learning its full potential. 


III. Legislative Impact:

Pursuant to Article 3 of the Charter the County Executive has the authority to sign contracts.


IV. Financial Impact:

There is no financial impact for this resolution.  This system is free of charge for our use.



cc: County Clerk
County Treasurer
Emergency Management Director




Montgomery County Seal!RESOLUTION NO. 111 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT AND AMENDING THE 2018 OPERATING BUDGET – 2018 RESOURCE ALLOCATION PLAN AND AMENDING 2018 OPERATING BUDGET (YOUTH & VETERANS’ SERVICES)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, the 2018-2019 New York State budget appropriated state-wide Youth Development Program funding for calendar year 2018, and

WHEREAS, the NYS Office of Children and Family Services has allocated $__(awaiting final figure from NYS OCFS for Youth Development Program)__ to Montgomery County for 2018 Youth Development Program funding, and 

WHEREAS, per Resolution #89 of 2018, the Montgomery County Legislature accepted Sexually Exploited Youth (SEY) funds  in the amount of $30,000 for calendar year 2018  in support of raising awareness of Human Trafficking and the Commercial Sexual Exploitation of Children (CSEC), and

WHEREAS, Montgomery County must submit a signed Resource Allocation Plan (RAP) to the NYS OCFS to include both Youth Development Program funding and Sexual Exploitation of Youth awareness funding, and  

WHEREAS, by signing and submitting the Resource Allocation Plan, Montgomery County will qualify for State reimbursement totaling     $__(awaiting final figure from NYS OCFS)__ for the 2018 program year for funds allocated and paid to Youth Development Programs within the County as recommended by the Executive Director of the Department of Youth & Veterans' Services and approved by the Montgomery County Youth Board and also for funds allocated and paid by the Executive Director of the Department of Youth & Veterans' to raise awareness on Human Trafficking and Sexual Exploitation of Youth;

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, to sign the Resource Allocation Plan (RAP) agreement with the NYS Office of Children and Family Services.

BE IT FURTHER RESOLVED that the County Treasurer is herby authorized and directed to amend the 2018 Operating Budget as follows:

INCREASE REVENUES:

A-21-3-3820                 Youth Programs                       $___(awaiting final figure from NYS OCFS)__

INCREASE APPROPRIATIONS:

A-21-4-7310-00-4585    Youth Development Programs   $___(awaiting final figure from NYS OCFS)__

MOTION TO AMEND by Legislator Wilson, seconded by Legislator Pepe, passed with Aye(9). (5/22/2018)

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



2018 RAP OCFS 5008

Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorize County Executive to sign the Resource Allocation Plan with NYS OCFS in order to receive state reimbursement monies disignated for positive youth development and SEY awareness in Montgomery County and also to authorize County Treasurer to amend the 2018 operating budget to reflect an increase in the funding amount. 


II. Justification:

Authorize County Executive to sign the Resource Allocation Plan with NYS OCFS in order to receive state reimbursement monies disignated for positive youth development and SEY awareness in Montgomery County and also to authorize the County Treasurer to amend the 2018 operating budget to reflect an increase in the funding amount.


III. Legislative Impact:

The County Executive has the power to sign the RAP agreement pursuant to Article 3 of the Charter. Pursuant to Article 2 of the Charter the County Legislature has the authority to make appropriations.


IV. Financial Impact:

The Department anticipated $49,960.00 in the Department of Youth & Veterans’ Services for Youth Development Program funding for 2018.  The Department has already received an additional $30,000.00 which was accepted via Resolution 89 of 2018.  NYS OCFS has now allocated an additional _________, resulting in the need to revise the 2018 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 112 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2018 OPERATING BUDGET TO TRANSFER FUNDS FOR YOUTH DAY-2018 (YOUTH, ATI & VETERANS)


Resolution by Legislator: Sweet
Seconded by: Kelly

WHEREAS, Youth Day-2018 is scheduled to take place on July 11, 2018 on the grounds surrounding the County Annex Building, and

WHEREAS, funds have been secured to assist with Youth Day expenses through donation and grant requests, and

WHEREAS, the donations and grants received are needed to cover Youth Day expenses.

NOW THEREFORE BE IT RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget as follows:

INCREASE REVENUES:    
A-21-3-7310-00-.2705  Gifts and Donations $1,450.00
     
INCREASE APPROPRIATIONS:    
A-21-4-7310-00-.4559 Outreach Programs $1,450.00

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AMEND THE 2018 OPERATING BUDGET FOR YOUTH DAY EXPENSES.


II. Justification:

DONATIONS AND GRANTS ARE SOUGHT TO ASSIST WITH YOUTH DAY EXPENSES TO ALLEVIATE COSTS TO COUNTY.


III. Legislative Impact:

PURSUANT TO ARTICLE 2 OF THE CHARTER, THE LEGISLATURE HAS THE AUTHORITY TO MAKE APPROPRIATIONS. 


IV. Financial Impact:

Donations received are offsetting the cost of the Outreach Program (Youth Day) the rest is anticipated to be covered in the 2018 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 113 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT


Resolution by Legislator: Pepe
Seconded by: Wilson

 WHEREAS, funding for the Allen House Project is coming from:

SUNY: $1,300,000
FMCC FOUNDATION: $1,300,000
TOTAL: $2,600,000

WHEREAS, there are no Montgomery County funds involved with this project, and

 

WHEREAS, Resolution 133 dated May 23, 2017, authorized a $62,500 contract with JMZ Architects and Planners to provide Construction Administration Services, and 

WHEREAS, this $62,500 contract was an amendment to the original Design Services Contract in the amount of $174,600, and 

WHEREAS, Resolution 14 of 2018 authorized a $14,000 amendment to JMZ Architects and Planners Construction Administration Services Agreement but did not reflect the correct numbers of their contract; and 

WHEREAS, that due to issues that have arisen during the construction phase of this project that has resulted in JMZ providing more services than originally expected, FMCC recommends that JMZ’s contract amount be increased by $15,250, 

RESOLVED, that the contract with JMZ is approved as follows:

ORIGINAL CONTRACT: $174,600
CONSTUCTION ADMIN SVCS (AMENDMENT NO. 1) $62,500
AMENDMENT NO. 2 $14,000
AMENDMENT NO. 3 $15,250
REVISED CONTRACT AMOUNT $266,350

 FURTHER RESOLVED, the Montgomery County Executive, upon review and approval of the County Attorney, is authorized to execute all of the foregoing contracts and amendments.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING  CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT


II. Justification:

Due to issues that have arisen during the construction phase of this project that has resulted in JMZ providing more services than originally expected, FMCC recommends that JMZ’s contract amount be increased by $15,250


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

No funds from Montgomery County were used for this project.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 114 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the Opioid Epidemic is a national tragedy that has greatly impacted the citizens of Montgomery County; and

WHEREAS, Montgomery County taxpayers have had to shoulder the costs of responding to the Opioid Epidemic; and

WHEREAS, Montgomery County wishes to hold the manufacturers of prescription opiates responsible for damages to the County arising out of aggressive marketing  and distribution of opiates in and to the County; and

WHEREAS, Montgomery County wishes to join in the lawsuit venued in Suffolk County against manufacturers of prescription opiates brought by Simmons Hanly Conroy LLC and affiliate counsel Dreyer Boyajian LLP to recoup these damages.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive, upon review and approval of the Montgomery County Attorney is authorized and directed to enter into an agreement with Simmons Hanly Conroy LLC and affiliate counsel Dreyer Boyajian LLP to represent Montgomery County in connection with investigating and bringing an action against manufacturers of prescription opiates at no fee to the County unless a monetary recovery acceptable to the County is obtained by Simmons Hanly Conroy LLC in favor of Montgomery County, in which case the maximum contingent attorneys' fees shall be a twenty-five percent gross fee in addition to costs; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes the County to enter into  litigation against manufacturers of prescription opiates;  and

BE IT FURTHER RESOLVED, that Simmons Hanly Conroy LLC and affiliate counsel Dreyer Boyajian LLP shall report directly to the County Attorney on the status of the litigation at least once a month.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Backup

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION


II. Justification:

Montgomery County wishes to hold the manufacturers of prescription opiates responsible for damages to the County arising out of aggressive marketing  and distribution of opiates in and to the County through the commencement of litigation.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

This litigation shall be at no fee to the County unless a monetary recovery acceptable to the County is obtained by Simmons Hanly Conroy LLC in favor of Montgomery County, in which case the maximum contingent attorneys' fees shall be a twenty-five percent gross fee in addition to costs.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 115 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE)


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, pursuant to Section 201 of the Montgomery County Code of Ethics there shall be a Board of Ethics consisting of five members to be appointed by the County Executive, subject to confirmation by the County Legislature; and

WHEREAS, the Board of Ethics shall consist of three members who shall not be, nor for a period of two years prior to appointment have been, officers or employees of Montgomery County or any municipality located in Montgomery County or employed or compensated by Montgomery County as a vendor/contractor; and

WHEREAS, one member shall be an elected or appointed officer or employee of Montgomery County; and

WHEREAS, one member shall be an elected or appointed officer or employee of a municipality located within Montgomery County; and

WHEREAS, the term for members  shall be for a period of three years; and

WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics each member shall be a Montgomery County resident and remain so during the term of his or her appointment; and

WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics, no member shall have any interest, as defined by Section 801 of the General Municipal Law, in any contract or transaction with the County; and

WHEREAS, pursuant to Section 201 (c) no member shall hold office in a political party or act as a lobbyist in the County; and

WHEREAS, the Board of Ethics currently consists of the following members:

NAME  POSITION TERM EXPIRES
Daniel Colon  County Employee  12/31/2018
Robert Sullivan  Municipal Official 12/31/2019
Michael McKenney Non-employee 12/31/2019
Eve Gordon Non-employee 12/31/2017
James Park Non-employee 12/31/2017

WHEREAS, the Montgomery County Executive has filed a written appointment  with the Clerk of the County Legislature of:

____________ to fill the position of Non-Employee with a term expiring December 31, 2020; and

______________ to fill the position of Non-Employee with a term expiring on December 31, 2020; and

 

WHEREAS, less than sixty days has passed since these appointments were filed with the Clek of the Legislature; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of the appointments; and

WHEREAS, the appointees meet the requirements as set forth by Section 201 (c) of the Montgomery County Code of Ethics.

NOW THEREFORE BE IT RESOLVED,   that the Montgomery County Legislature confirms the following appointments:

NAME  POSITION TERM EXPIRES
 Eve Gorgon Non-employee  12/31/2020
  Non-employee 12/31/2020
     

BE IT FURTHER RESOLVED that within fifteen (15) days of the confirmation of this appointment that Eve Gordon shall file a financial disclosure statemnt with the Clerk of the Legislature pursuant to the Montgomery County Code of Ethics.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Ethics Appointment

Statement of Legislative and Financial Impact:

I. Nature of Request:

 

 

Resolution confirming appointments by the Montgomery County Executive to the Montgomery County Ethics Board.


II. Justification:

Terms of current members have expired and replacements are necessary.


III. Legislative Impact:

 

 

The Montgomery County Code of Ethics sets the procedure for appointment and confirmation of members to the Board of Ethics.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 116 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW D OF 2018 - LOCAL LAW 4 0F 2018 - A LOCAL LAW ESTABLISHING SALARY SCHEDULE OF DISTRICT ATTORNEY (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Wilson

RESOLVED, that Introductory Local Law D of 2018, Local Law 4 of 2018 hereby is adopted and is incorporated as follows: "A LOCAL LAW ESTABLISHING SALARY SCHEDULE OF VARIOUS COUNTY OFFICIALS"

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

SECTION 1. Various County Officials are listed as follows:

TITLE 

2018  COMPENSATION

District Attorney

$197,600

SECTION 2.

This Local Law is subject to a permissive referendum, and will be submitted to a vote of qualified electors of the County of Montgomery, if, within 45 days after the date of which it was so adopted, there is filed with the Clerk of the Montgomery County Legislature a petition protesting against this Local Law, signed and authenticated as required by Section 24 of Municipal Home Rule Law, by qualified electors of Montgomery County registered to vote therein at the last preceding general election, in number equal to at least ten per centum of the total number of votes cast for Governor at the last gubernatorial election held in said County.

 

SECTION 3.

 

The salary revision for 2018 is effective as of April 1, 2018.

FURTHER RESOLVED, that the Clerk of the Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

 ADOPTING INTRODUCTORY LOCAL LAW  0F 2018 - A LOCAL LAW ESTABLISHING SALARY SCHEDULE OF VARIOUS COUNTY OFFICIALS


II. Justification:

The District Attoney's salary for the year 2018 has been increased to coincide with the raises of the judiciary effective April 1, 2018


III. Legislative Impact:

Authorized pursuant to Article 2 of the charter and  Judiciary Law §183-a.


IV. Financial Impact:

$6,603.00 will need to come from Fund Balance to cover the 2018 change.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 117 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AMENDING 2018 OPERATING BUDGET - MANDATED SALARY INCREASE


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

WHEREAS, the District Attorney's salary for the year 2018 has been increased to coincide with the raises for the judiciary effective April 1, 2018,

WHEREAS, the District Attorney's current salary is $185,147, and will change to $197,600 restroactive to April 1, 2018,

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget as follows:

INCREASE:     
A599  Appropriated Fund Balance $6,603.00
     
INCREASE APPROPRIATIONS:    
A-25-4-1165-00-.1100 (965)  District Attorney $6,603.00

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To amend 2018 operating budget for the mandated salary increase for the District Attorney


II. Justification:

Under Judiciary Law §183-a, full-time district attorneys are to receive the same salary as the county judge of the county in which he/she serves.

Under legislation by the State of New York taking effect April 1, 2018, the county judge salary is fixed at 95% of a supreme court judge salary which is $208,000, meaning the county judge salary will be set at $197,600 effective April 1, 2018 thus making the district attorney's salary to be fixed at the same rate of $197,600 


III. Legislative Impact:

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


IV. Financial Impact:

This salary increase will come from the County's Fund Balance as it is impossible to predict and budget for any state mandated increase in district attorney's salary pursuant to Judiciary Law §183-a unless it is known in advance.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 118 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION ADOPTING POLICY AND PRACTICE GUIDELINES FOR THE COUNTY EXECUTIVE TO DETERMINE EXPENDITURES, LIMITS AND PRIORITIES OF THE 2019 OPERATING BUDGET (COUNTY LEGISLATURE)


Resolution by Legislator: Sweet
Seconded by: Wilson

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 2019 Operating Budget to assist with the preparation of the tentative budget for the ensuing year.

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). (5/22/2018)



Budget Guidelines

Statement of Legislative and Financial Impact:

I. Nature of Request:

POLICY AND PRACTICE GUIDELINES FOR THE COUNTY EXECUTIVE TO DETERMINE EXPENDITURES, LIMITS AND PRIORITIES OF THE 2019 OPERATING BUDGET


II. Justification:

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 2019 Operating Budget to assist with the preparation of the tentative budget for the ensuing year


III. Legislative Impact:

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 2019 Operating Budget to assist with the preparation of the tentative budget for the ensuing year


IV. Financial Impact:

The Charter requires the Legislature to adopt policy and practice guidelines for the County Executive to determine expenditures, limits and priorities of the 2019 Operating Budget to assist with the preparation of the tentative budget for the ensuing year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 119 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Isabel
Seconded by: Sweet

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 April 25, 2018 through May 22, 2018; 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). (5/22/2018)



Abstract of Audited Claims - May 22, 2018

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

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


III. Legislative Impact:

Pursuant to the Audit Guidelines, Section 2.02 (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.


IV. Financial Impact:

no impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 120 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED MAY 22, 2018, AUTHORIZING THE DEMOLITION AND REMEDIATION OF THE BEECH NUT SITE WITHIN THE COUNTY, ESTIMATING THE AGGREGATE COST THEREOF TO BE $3,000,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,000,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST


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

WHEREAS, the County Legislature has heretofore approved funding for the demolition and remediation of the Beech Nut site within the County (the “Project”); and 

WHEREAS, the County has been approved for grants to pay the a majority amount of the cost of the Project; and 

WHEREAS, the County Legislature desires to approve the method of financing the costs of such Project; 

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows: 

SECTION 1 

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes financing of the Project. The maximum aggregate cost of the above Project, is hereby estimated to be $3,000,000.00, which shall initially be paid from the issuance of $3,000,000.00 serial bonds to finance such costs. 

SECTION 2 

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes are as follows: 

            Demolition and Repair of Building – ten (10) years pursuant to Section 11.00(a)(12-a)(a) of the Law. 

SECTION 3 

The plan of financing includes the issuance of $3,000,000.00 serial bonds, the potential reimbursement of up to ninety-five percent (95%) of said amount from grant funding and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing. 

SECTION 4 

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above. 

SECTION 5 

The proposed average maturity date of the bonds authorized pursuant to this resolution is expected to exceed five (5) years. 

SECTION 6 

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose. 

SECTION 7 

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation. 

SECTION 8 

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project. 

SECTION 9 

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year. 

SECTION 10 

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds.

SECTION 11 

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds. 

SECTION 12 

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if:

(a)        Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or 

(b)        The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or 

(c)        Such obligations are authorized in violation of the provisions of the constitution. 

SECTION 13 

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law. 

SECTION 14 

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED MAY 22, 2018, AUTHORIZING THE DEMOLITION AND REMEDIATION OF THE BEECH NUT SITE WITHIN THE COUNTY, ESTIMATING THE AGGREGATE COST THEREOF TO BE $3,000,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $3,000,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST


II. Justification:

Authorization of the legislature needed to incur indebtness to the county


III. Legislative Impact:

Pursuant to law 2/3 of legislature is needed for all bonding resolutions


IV. Financial Impact:

The County will be responsible for interest of about 2-3% per year (approx. $75,000 per year) until project is complete and grant funding received to pay principal amounts



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 121 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN EASEMENT AGREEMENTS, NEW YORK RISING, CDBG, CULVERTS IN MONTGOMERY COUNTY, TOWN OF AMSTERDAM AND TOWN OF FLORIDA (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, Montgomery County is the subrecipient of New York Rising, CDBG for replacement of undersized culverts in the towns of Amsterdam and Florida as part of the Governor's Office of Storm Recovery Grant (G.O.S.R.) from Hurricanes Irene and Lee, and

WHEREAS, engineering, design and replacement of culverts has been completed to G.O.S.R. specifications and landowners have submitted Statements of Donation and Appraisal Waivers to the County, and

WHEREAS, temporary and permanent easements are required for construction and future maintenance of culverts and per Highway Law 118, easements must be approved by the County Legislature, and

WHEREAS, the following temporary and permanent easements at the following properties are required for construction and future maintenance of culverts:

1.  Holloway Brothers Farms- 240 Millers Corners Road, Town of Florida; SBL # 102.-1-23.111

2.  Sherry Martin and Gerald Martin, 474 McKinney Road, Town of Florida; SBL # 117.-2-18

3.  Walter Viele, 373 Hartley Road, Town of Florida; SBL # 70.-3-1

4.  Aaron and Amy Grady, 128 Strevy Lane, Town of Florida; SBL # 53.-6-2.10

5.  Donald Terry and David Terry, 810 Bullshead Road, Town of Florida; SBL # 88.-1-26

6.  Robert, Jr. and Nancy Szczepanik, 763 Langley Road, Town of Florida; SBL # 88.-1-7 and SBL # 88.-1-6

7.  Charles, Jr. and Carol Potts, 829 Bullshead Road, Town of Florida; SBL # 88.-1-36

8.  Thomas and Carol Sackett, 171 McKinney Road, Town of Florida; SBL # 117.-2-22.1

9.  David K. Soulia, 6594 St. Hwy 30, Town of Florida; SBL # 103.4-1-1

10. Stephen and Katherine Giglio, 278 Queen Anne Road, Town of Florida; SBL # 53.-6-10

11. Stoney Brook Farm, 368 Youngs Corners Road, Town of Florida; SBL # 70.-1-11.112

12. Stephen Terplack, Jr., (885 Meadowdale Road, Altamont) McKinney Road, Town of Florida; SBL # 117.-2-17

13. Anthony and Susan Campo, 692 McKay Road, Town of Amsterdam; SBL # 24.-1-28

14. Castler Family Trust, 685 McKay Road, Town of Amsterdam; SBL # 24.-2-60.1; and

WHEREAS, the aforementioned landowners owning property adjacent to the culvert projects, have agreed to provide Montgomery County with temporary and permanent easements for a one-time fee of One Dollar ($1.00)

RESOLVED, the Montgomery County Executive, upon review and approval of the Montgomery County Attorney, is hereby authorized to accept and sign the aforementioned easement agreements and any and all other associated documents.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To obtain temporary and permanent easements to replace and maintain culverts on County and Town Highways


II. Justification:

Easements are needed to access private property; per Highway Law 118, easements must be approved by the local legislature


III. Legislative Impact:

Pursuant to Article 2 of the County Charter, the Montgomery County Legislature has the authority to make any provisions for any matter in Montgomery County


IV. Financial Impact:

Project is 100% grant funded; no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 122 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO THE AMSTERDAM WATERFRONT FOUNDATION TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Kelly

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 Amsterdam Waterfront Foundation promotes tourism in Montgomery County and is seeking $5,000 for the Riverlink Summer Concert Series to enhance tourism in Montgomery County; and

WHEREAS, the Riverlink Summer Concert Series is comproised of weekly musical performances during July and August which has become an established cultural focal point in engaging community members and regional visitiors of all ages and interests; and

WHEREAS, over 5,000 people come to Riverlink Park each year to attend the Riverlink Summer Concert Series; 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 $5,000 to the Amsterdam Waterfront Foundation from the Bed Tax Contribution Tourism Line Item  No.: A-01-4-1011-00-.4577 ; and 

BE IT FURTHER RESOLVED, that the Amsterdam Waterfront Foundation's  receipt of the $5,000 in funds shall be contingent upon the Amsterdam Waterfront Foundation entering into an Agreement and any other required paperwork with Montgomery County indicating that they will only spend funds for the Riverlink Summer Concert Series to promote 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 Amsterdam Waterfront Foundation outlining the above terms as a condition of acceptance of the $5,000.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO THE AMSTERDAM WATERFRONT FOUNDATION TO PROMOTE TOURISM IN MONTGOMERY COUNTY


II. Justification:

To promote tourism 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:

$5,000 will be used from Bed Tax funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 123 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER TO THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND CAPITAL RESOURCE CORPORATION (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, pursuant to General Municipal Law § 856  an Industrial Development Agency shall consist of not less than three nor more than seven members who shall be appointed by the governing body of each municipality and who shall serve at the pleasure of the appointing authority; and

WHEREAS, such members shall receive no compensation for their services; and

WHEREAS, the current Montgomery County Industrial Development Agency Board of Directors consists of the following: 

NAME:

TITLE:

John McGlone

Chairperson

Matthew Beck

Vice Chair

Carol Shineman

Secretary

Robert Harris

Treasurer

Mark Kowalczyk

Member

John Snyder

Member

Vacant

Member

WHEREAS, one vacancy exists on the Montgomery County Industrial Development Agency and Montgomery County Capital Resource Corporation’s Board of Directors; and

RESOLVED, that the Montgomery County Legislature, in accordance with General Municipal Law 895-D, hereby appoints Amanda J. Auricchio, Esq.  as a member of the Montgomery County Industrial Agency Board of Directors; and

FURTHER RESOLVED, that said appointee shall serve at the pleasure of the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION APPOINTING MEMBER TO THE MONTGOMERY COUNTY INDUSTRIAL DEVELOPMENT AGENCY


II. Justification:

A vacancy exists on the Montgomery County Industrial Development Aency Board of Directors.


III. Legislative Impact:

Pursuant to General Municipal Law § 856  an Industrial Development Agency shall consist of not less than three nor more than seven members who shall be appointed by the governing body of each municipality and who shall serve at the pleasure of the appointing authority


IV. Financial Impact:

Pursuant to General Municipal Law § 856 members shall not be compensated for their services.



cc: County Clerk
County Treasurer
Economic Development/Planning Director




Montgomery County Seal!RESOLUTION NO. 124 of 2018

DATED: May 22, 2018

RECOMMENDATION:
     

RESOLUTION ESTABLISHING THE POSITION OF PROBATION SUPERVISOR (PROBATION)


Resolution by Legislator: Dimond
Seconded by: Pepe

WHEREAS, the Probation Department is staffed by 1 Director, 1 Probation Supervisor, 6 Probation Officers, 2 Senior Probation Officers and 1 Probation Assistant at the present time; and

WHEREAS, according to NYS standards, a Probation Supervisor may only supervise 7 Probation Officers making Montgomery County out of compliance with the regulation; and

WHEREAS, it is the recommendation of the Director of Probation to add an additional Probation Supervisor to meet NYS regulations; and

WHEREAS, to accomplish this, the Director of Probation recommends converting one Sr. Probation Officer position currently established to Probation Supervisor; and

WHEREAS, one of the two Sr. Probation Officer title would not be back filled; and

RESOLVED, the Montgomery County Legislature hereby establishes a new position of Probation Supervisor at a base salary of $51,278 Grade O. 

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget as follows:

TRANSFER FROM: 

 

 

A-27-4-3140-00.1110(137)

Sr. Probation Officer 

$28,717.30

A-27-4-3140-00.1110(1258)

Probation Officer

 $2777.78 

TRANSFER TO:

 

 

A-27-4-3140-00.1110(NEW)

Probation Supervisor

$31,495.08

RESOLUTION VOTE, passed with Aye(9). (5/22/2018)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Replacing a Senior Probation Officer position with a Probation Supervisor


II. Justification:

The Probation Supervisor supervises 2 Sr. Probation Officers, 6 Probation Officers and 1 Probation Assistant.  By NYS regulation, the ratio of Supervisor to Probation personnel is designated as 1 supervisor to 7 Probation Officers.  This change will bring the Probation Department into compliance with State regulation.  The Senior Probation Officer title will not be backfilled.


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:

The salary for the Probation Supervisor is higher than the salary for Sr. Probation Officer however due to resignations and retirements in the Probation Department in 2018, there are funds available in the current budget to accommodate the restructure of the Dept.



cc: County Clerk
County Treasurer