AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
October 27, 2020
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

 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
168

RESOLUTION SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

Pepe/ThayerMove to Full Legislature
169

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR INCLUSION OF PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)

Sweet/WilsonMove to Full Legislature
170

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

Pepe/ThayerMove to Full Legislature
171

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

Pepe/SweetMove to Full Legislature
172

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

Pepe/ThayerMove to Full Legislature
173

RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)

Pepe/ThayerMove to Full Legislature
174

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

Wilson/PepeMove to Full Legislature
175

RESOLUTION AMENDING 2020 OPERATING BUDGET - OVERTIME (DATA PROCESSING)

Sweet/ThayerMove to Full Legislature
176

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR SCHOOL RESOURCE OFFICER POSITIONS (SHERIFF)

Purtell/ThayerMove to Full Legislature
177

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH THE HAGAMAN FD FOR THE USE OF A SUB-STATION (SHERIFF)

Sweet/PepeMove to Full Legislature
178

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - KITCHEN EQUIPMENT (SHERIFF)

Sweet/PepeMove to Full Legislature
179

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - EQUIPMENT (SHERIFF)

Headwell, Jr./WilsonMove to Full Legislature
180

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - MOTOR VEHICLE EQUIPMENT (SHERIFF)

Sweet/PepeMove to Full Legislature
181

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH FRONTIER COMMUNICATIONS 911 PHONE UPGRADE (SHERIFF)

Sweet/WilsonMove to Full Legislature
182

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND THE MONTGOMERY COUNTY DEPUTY SHERIFF POLICE BENEVOLENT ASSOCIATION, INC. FOR DEPUTY SHERIFFS FOR A PERIOD OF 1/1/2018-12/31/2020 (PERSONNEL - LABOR/MANAGEMENT)

Thayer/WilsonMove to Full Legislature
183

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND COUNCIL 82 CORRECTION SUPERVISORS FOR A PERIOD OF 1/1/2018 THROUGH 12/31/2020 (PERSONNEL- LABOR/MANAGEMENT)

Pepe/WilsonMove to Full Legislature
184

RESOLUTION AUTHORIZING FMCC FOUNDATION FINANCIAL TECHNOLOGY LAB – PHASE 1 PROJECT – CAMPUS CRITICAL MAINTENANCE (FMCC) 

Thayer/PepeMove to Full Legislature
185

RESOLUTION AUTHORIZING FMCC CAMPUS LABS & CLASSROOMS – PHASE 3 PROJECT – HEALTH AND SAFETY (FMCC)

Pepe/WilsonMove to Full Legislature
186

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Thayer/WilsonMove to Full Legislature
187

RESOLUTION CORRECTING 2019-2020 TOWN AND COUNTY TAX ROLLS - VARIOUS PARCELS

Purtell/Headwell, Jr.Move to Full Legislature
188

RESOLUTION DENYING THE CORRECTION OF THE 2019-2020 TOWN AND COUNTY TAX ROLLS – VARIOUS PARCELS

Purtell/ThayerMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 168 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION SCHEDULING PUBLIC HEARING - INCLUSION OF A PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts, and

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law sets forth the requirement that the Legislative Body in every county in New York State with existing Agricultural Districts must designate an annual 30-day period during which landowners may apply for inclusion of their agriculturally viable land in the Agricultural Districts, and

WHEREAS, Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts, and

WHEREAS, during the one-month period extending from September 1, 2020 to September 30, 2020, the Montgomery County Farmland Protection Board received one application on behalf of the Legislature, and

WHEREAS, the report and recommendations of the Agricultural Farmland Protection Board are on file with the Clerk of the Montgomery County Legislature, and

WHEREAS, New York State Agriculture and Markets law Section 303-b requires the County Legislature, to hold a public hearing on the proposed inclusions; and

WHEREAS, the intent of the proposed inclusions is through the request of a landowner to include their two parcels totaling 40 +/- acres of land within the boundaries of Agricultural District No. 2;

RESOLVED, the County Legislature hereby schedules a public hearing on the district inclusions for November 24, 2020 at 6:55 pm in the Legislature Chambers. 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the County Legislature hereby is directed to cause legal notice of said Public Hearing to be published according to law.

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



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes scheduling of a public hearing for an Agricultural District Inclusion request.


II. Justification:

There has been a request from a landowner to include two parcels totaling 40 +/- acres of land within the boundaries of Agricultural District No. 2. 


III. Legislative Impact:

Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the State's Agricultural Districts and Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the legislature to include their properties.


IV. Financial Impact:

Could result in an agricultural tax exemption for the property owner if they produce over the threshold established by Ag and Markets which is $10K annually



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 169 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR INCLUSION OF PARCELS INTO AGRICULTURAL DISTRICT NO. 2 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Sweet
Seconded by: Wilson

 WHEREAS, Section 303-b of the New York State Agriculture and Markets Law established a mechanism on an annual basis for parcels of land comprised of predominately viable agricultural land to be included within the state’s agricultural Districts; and

WHEREAS, Section 303-b of the New York State Agriculture and Markets Law sets forth the requirement that the Legislative Body in every county in New York State with existing Agricultural Districts must designate an annual 30-day period during which landowners may apply for inclusion of their agriculturally viable land in the Agricultural Districts; and

WHEREAS, Montgomery County Legislative Resolution No. 135 of 2004 established an annual thirty-day period extending from September 1 to September 30 during which landowners may submit such requests to the Legislature to include their properties in the Agricultural Districts; and

WHEREAS, during the one-month period extending from September 1, 2020 to September 30, 2020, the Montgomery County Farmland Protection Board received one such application on behalf of the Legislature from John Messer for Parcels #73-2-4.2 and 73-2-21; and

WHEREAS, pursuant to Article 25-AA of the Agriculture and Markets Law (“AML”), SEQRA applies to the adoption, modification, continuation, consolidation, and termination of agricultural districts; and

WHEREAS, County legislative bodies adopt, review, modify, and consolidate agricultural districts pursuant to AML §§303, 303-a, 303-b, and 303-c, which is subject to review under the State Environmental Quality Review Act (SEQR) and is classified as an Unlisted Action pursuant to the regulations founds in 6 NYCRR, Part 617; and

WHEREAS, there are no other involved agencies.

RESOLVED, that the Montgomery County Legislature hereby declares itself lead agency in carrying out the environmental review under SEQR; and

FURTHER RESOLVED, that the Montgomery County Legislature herby authorizes and directs the County Executive, upon review and approval by the County Attorney, to sign any and all documents related to this process.

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



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

To establish the Montgomery County Legislature as the Lead Agency in relation to the County Agricultural District #2 parcels inclusion


II. Justification:

Modification of Agricultural District #2 is subject to SEQR.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 170 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

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


Resolution by Legislator: Pepe
Seconded by: Thayer

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

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

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

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

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

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

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

 

 


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

none



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 171 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

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


Resolution by Legislator: Pepe
Seconded by: Sweet

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

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

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

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

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

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


III. Legislative Impact:

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


IV. Financial Impact:

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



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 172 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

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


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, Montgomery County currently has agreements with the City of Amsterdam, Village of St. Johnsville, and the ten towns located in Montgomery County for control of snow and ice on County roads; and

WHEREAS, these agreements are about to expire, and

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

RESOLVED, pursuant to Section 135A of the Highway Law, the Montgomery County Legislature hereby authorizes and directs to the County Executive, upon review and approval of the County Attorney to enter into agreements with the City of Amsterdam, Village of St. Johnsville and the ten towns located in Montgomery County for control of snow and ice on County roads for one (1) year contract for the period of January 1, 2021 - December 31, 2021; and

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

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

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

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


III. Legislative Impact:

Authorized pursuant to Section 135A of the Highway Law.  Pursuant to Article 3 of the Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

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



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 173 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Thayer

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

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

LOT#        ITEM                              

1              2009 Chevrolet Tahoe              VIN#  1GNFK030X9R19714

2              2010  Chevrolet Impala             VIN#  2G1WD5EM2A1185495

3              2007 Chevrolet Impala              VIN#  2G1B58N079357673

4             2007 Chrysler Town & Country  VIN#  1A4GJ45R27B190810

5             2015 Chevrolet Impala               VIN#  2G1WD5E33F11765626

6             Miscellaneous                            Chainsaws

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION APPROVING SALE OF SURPLUS EQUIPMENT


II. Justification:

TO REMOVE SAID EQUIPMENT FROM FIXED ASSETS AND CREATE REVENUE


III. Legislative Impact:

DISPOSAL OF COUNTY PERSONAL PROPERTY IS AUTHORIZED THROUGH COUNTY LAW 215


IV. Financial Impact:

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



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 174 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

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


Resolution by Legislator: Wilson
Seconded by: Pepe

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

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

WHEREAS, the Montgomery County Department of Public Works Commissioner is requesting said revenue from sale to be added to the DM Fund; and

WHEREAS, the Montgomery County Department of Public Works has a need to replace equipment;

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

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


 

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

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


III. Legislative Impact:

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


IV. Financial Impact:

THERE IS NO FINANCIAL IMPACT TO THE COUNTY BUDGET, AS THE REVENUE CAME FROM SALE OF SURPLUS EQUIPMENT WITHIN THE DEPARTMENT OF PUBLIC WORKS AND THE SHERIFF'S DEPARTMENT.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 175 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING 2020 OPERATING BUDGET - OVERTIME (DATA PROCESSING)


Resolution by Legislator: Sweet
Seconded by: Thayer

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

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

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

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution Amending 2020 Operating Budget-(Data Processing)


II. Justification:

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


III. Legislative Impact:

Pursuant to section 2.04 (b) of the charter the Montgomery County Legislature has the power to make appropriations


IV. Financial Impact:

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



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 176 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR SCHOOL RESOURCE OFFICER POSITIONS (SHERIFF)


Resolution by Legislator: Purtell
Seconded by: Thayer

WHEREAS, the Fonda-Fultonville School District and Enlarged Amsterdam School District wish to enter into a contract with Montgomery County and the Montgomery County Sheriff for a School Resource Officer (SRO) during the 2020-2021 school year; and

WHEREAS, the Fonda Fultonville School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of 181 instructional days during the school year of 2020-2021 totaling $52,142.48 or a per diem of $288.08 a day; and

WHEREAS, the Enlarged Amsterdam School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of 167 instructional days during the school year of 2020-2021 totaling $59,532.16 or a per diem of $44.56 per hour.

RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Fonda Fultonville School District  for a total of 180 instructional days during the school year of 2020-2021 totaling $52,142.48 a per diem of $288.08 a day; and

FURTHER RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Enlarged Amsterdam School District for a total of 167 instructional days during the school year of 2020-2021 totaling $59,532.16 or a per diem of $44.56 per hour.

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



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR SCHOOL RESOURCE OFFICER POSITIONS (SHERIFF)


II. Justification:

These SRO positions are vital to the safety and security of our students, staff and visitors for the appropriate school district.  These are not new positions and ones that have already been established.  The school district is covering the cost associated with this service.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

There should be no financial impact for this resolution.  The money is budgeted and is being reimbursed by the appropriate school district.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 177 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH THE HAGAMAN FD FOR THE USE OF A SUB-STATION (SHERIFF)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the Hagaman FD has offered the use of space, without cost, in the FD building for a Sheriff's Sub-station for years; and

WHEREAS, the Hagaman FD would now appreciate us entering into an agreement to lease the space to the Sheirff's Office for $100 a month to continue each month until such a time as the Sheriff vacates the space; and

WHEREAS, the Sheriff sees a need for the use of the Sub-Station for the efficiency of the Office.

RESOLVED, the Montgomery County Legislature hereby approves and authorizes the County Executive, upon the review and approval of the County Attorney, to sign an Agreement with the Hagaman FD to lease space at the Hagaman FD for a Sheriff's sub-station at an amount of $100 a month for a five year term, with the option for a five year renewal.

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



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH THE HAGAMAN FD FOR THE USE OF A SUB-STATION (SHERIFF)

 


II. Justification:

The cost of the use of the sub-station is off-set by the time and vehicle usage saved by not travling back and forth to Fultonville.


III. Legislative Impact:

No legislative impact.


IV. Financial Impact:

Sheriff will find the current year rental money in the 2020 Sheriff's Office Budget and has budgetd for 2021.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 178 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - KITCHEN EQUIPMENT (SHERIFF)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the Sheriff's Office has already received more revenue in the Jail than was budgeted for 2020, and we anticipate to continue recieving revenue throughout the year which will far outweigh the expenditures listed in this resolution; and

WHEREAS, there are kitchen equipment items that need replacement; and

WHEREAS, the equipment will be used for the Montgomery County Sheriff's Office/Jail to benefit daily operations; and

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

INCREASED REVENUES:     
A-15-3-2264  Jail Facility Other Government  $81,778.20
     
INCREASE APPROPRIATIONS:     
A-15-4-3110-00-.2260 Other Equipment $81,778.20

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



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - EQUIPMENT (SHERIFF)


II. Justification:

Items in the kitchen need to be updated.


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 increased revenue covers the expenditures in its entirety.  GSA contract approved pricing.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 179 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - EQUIPMENT (SHERIFF)


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

WHEREAS, the Sheriff has a need to purchase some holsters for staff; and 

WHEREAS, gifts and donations have been made to the Sheriff’s Office to completely cover the cost of acquiring said equipment. 

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

INCREASE REVENUES:     
A-15-3-2705  Gifts and Donations $1,100.00
     
INCREASE APPROPRIATIONS:     
 A-15-3-3110-00-.4447  Uniforms $1,100.00

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



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING 2020 OPERATING BUDGET (SHERIFF)


II. Justification:

The Sheriff's Office recieved donations to use however needed from the public.  It has been determined that some of our holsters are in need of replacement.  This is a perfect place to use this money.  The holsters are a vital piece of equipment that hold the duty weapon, keeping our staff safe and securing the weapon as needed.


III. Legislative Impact:

Pursuant to section 2.04 (b) of the charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

There is no financial impact as all of this money has been obtained through gifts and donations from the public!



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 180 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - MOTOR VEHICLE EQUIPMENT (SHERIFF)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the Sheriff's Office has already received more revenue in the Jail than was budgeted for 2020, and we anticipate to continue recieving revenue throughout the year which will far outweigh the expenditures listed in this resolution; and

WHEREAS,  current projections for inmate boarding at the jail through the end of the year total $950,000 with $635,000 received through early October; and

WHEREAS,  these revenues far exceed the budgeted inmate boarding revenue for 2020; and

WHEREAS, the Sheriff proposes using some of these revenues to stay ahead of vehicle purchases without the need to charge for these vehicles in future budgets; and

WHEREAS, there are vehicles that are necessary for employees to do their jobs properly, and

WHEREAS, the vehicles will be used for the Montgomery County Sheriff's Office to benefit daily operations, officer safety and service to the community; and

WHEREAS, the Sheriff's Office is a partner with the community and surrounding law enforcement agencies, and being properly equipped is essential for all of us.

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

INCREASED REVENUES:     
A-15-3-2264  Jail Facility Other Government  $75,000.00
     
INCREASE APPROPRIATIONS:     
     
A-15-4-3110-00-2230 Motor Vehicle Equipment $75,000.00

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2020 OPERATING BUDGET - EQUIPMENT (SHERIFF)


II. Justification:

It is our goal to stay ahead of vehicle purchases without causing huge issues in the budget.  To upfit a police vehicle it costs $10-$12,000 per vehicle.  We are attempting to purchase two vehicles with this resolution.  These purchases will add a vehicle to Patrol and Investigations.  


III. Legislative Impact:

Pursuant to section 2.04 (b) of the charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

There should be no financial impact as this revenue has already been generated.  This will allow the purchase of these vehicles without affecting budgets as we move forward. 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 181 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH FRONTIER COMMUNICATIONS 911 PHONE UPGRADE (SHERIFF)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the current E-911 phone system is outdated and needs to be upgraded as the software/hardware will soon not be supported; and

WHEREAS, the Sheriff along with Fulton County share the same system and both counties are in the process of this necessary upgrade;  and  

WHEREAS, the 2019 State Interoperable Communications Grant (SICG) has been obtained and awarded with zero match funds in Resolution 54 of 2020 paying for this entire upgrade in the amount of $242,277.99; and

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized after review and approval by the County Attorney to sign the agreement with Frontier Communications for the E-911 phone upgrade.

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



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH FRONTIER COMMUNICATIONS 911 PHONE UPGRADE


II. Justification:

The current 911 phone system needs to be upgraded due to it being outdated and the software/hardware will not be supported in the future, combined with changes in the technology. 


III. Legislative Impact:

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


IV. Financial Impact:

No financial impact, completely covered by grant money



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 182 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND THE MONTGOMERY COUNTY DEPUTY SHERIFF POLICE BENEVOLENT ASSOCIATION, INC. FOR DEPUTY SHERIFFS FOR A PERIOD OF 1/1/2018-12/31/2020 (PERSONNEL - LABOR/MANAGEMENT)


Resolution by Legislator: Thayer
Seconded by: Wilson

WHEREAS, negotiations for a successor employment agreement with the Montgomery County Deputy Sheriff Police Benevolent Association, Inc. has been conducted; and

WHEREAS, the parties reached a Memorandum of Agreement for Deputy Sheriffs; and

WHEREAS, the Memorandum of Agreement has been ratified by the Montgomery County Deputy Sheriff Police Benevolent Association, Inc.

WHEREAS, the contract includes salary increases from January 1, 2018 - December 31, 2020 with retroactivity in the amount of $109,860.

RESOLVED, that the Montgomery County Legislature hereby ratifies and approves the Memorandum of Agreement between the County of Montgomery and the Montgomery County Deputy Sheriff Police Benevolent Association, Inc.; and be it

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney is hereby authorized to sign the memorandum of agreement, with Deputy Sheriffs for the period of January 1, 2018 through December 31, 2020.

 

 

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



PBA Agreement

Statement of Legislative and Financial Impact:

I. Nature of Request:

On September 10th, 2020, Montgomery County entered into a memorandum of agreement with the Montgomery County Deputy Sheriff Police Benevolent Association, inc. for Deputy Sheriffs.The term of the new agreement will be January 1, 2018 through December 31, 2020. Upon ratification of this agreement, PBA will receive retroactivity for the period of January 1, 2018-ratification. 


II. Justification:

Successor contract expired on 12/31/2017 and negotiations are complete.


III. Legislative Impact:

Pursuant to article 2 of the charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

$109,860 will be used from A-10-4-1430-00-.1125 (337) within the Personnel budget. No additional funds will be needed for year 2020.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 183 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND COUNCIL 82 CORRECTION SUPERVISORS FOR A PERIOD OF 1/1/2018 THROUGH 12/31/2020 (PERSONNEL- LABOR/MANAGEMENT)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, negotiations for a successor employment agreement with Council 82 Correction Supervisors; and

WHEREAS, the parties reached a Memorandum of Agreement for Correction Supervisors; and

WHEREAS, the Memorandum of Agreement has been ratified by Council 82 Correction Supervisors; and

WHEREAS, the contract includes salary increases from January 1,2018 through December 31, 2020 with retroactivity in the amount of $51,364.

RESOLVED, that the Montgomery County Legislature hereby ratifies and approves the Memorandum of Agreement between the County of Montgomery and Council 82 Correction Supervisors; and be it

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney is hereby authorized to sign the  Memorandum of Agreement, with Council 82 Correction Supervisors for the period of January 1, 2018 through December 31, 2020.

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



Council 82 MOA

Statement of Legislative and Financial Impact:

I. Nature of Request:

On October 1, 2020, Montgomery County entered into a Memorandum of Agreement with Council 82 Correction Supervisors. The term of the new agreement will be January 1, 2018 through December 31, 2020. Upon ratification of this agreement, Council 82 Correction Supervisors will receive retroactivity for the period of January 1, 2018 through ratification.


II. Justification:

Successor contract expired on December 31, 2017.


III. Legislative Impact:

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


IV. Financial Impact:

$51,364 will be used from A-10-4-1430-.1125 (337) within the Personnel budget. No additional funds will be needed for year 2020.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 184 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING FMCC FOUNDATION FINANCIAL TECHNOLOGY LAB – PHASE 1 PROJECT – CAMPUS CRITICAL MAINTENANCE (FMCC) 


Resolution by Legislator: Thayer
Seconded by: Pepe

WHEREAS, the Fulton Montgomery Community College Classroom Building Renovation Project is a three phase project, 2018-2020; and 

WHEREAS, the Fulton Montgomery Community College Board of Trustees had recommended that the Campus Labs and Classrooms Phase 3 project be undertaken at Fulton Montgomery Community College; and 

WHEREAS, Resolution #291 dated November 26, 2019 authorized a $1,000,000 Campus Labs and Classrooms Phase 3 project be undertaken at Fulton Montgomery Community College to renovate aged out and deteriorating campus labs, at a cost of $250,000 to Montgomery County; and 

WHEREAS, the FMCC Financial Technology Lab Project is a $300,000 project with SUNY funding and local share provided by the FMCC Foundation; and 

WHEREAS, Classrooms Phase 3 and the Financial Technology Lab component share the same DASNY #3424009999/Project #C12116; and 

WHEREAS, due to the COVID-19 pandemic, the State University of New York Office for Capital Facilities (SUNY OCF) has informed Fulton Montgomery Community College that only health and safety related capital projects will be approved by the New York State Division of Budget during the current State fiscal year; and 

WHEREAS, SUNY OCF has informed Fulton Montgomery Community College that contracts related to campus lab renovations will be considered in 2021 by the New York State Division of Budget; and 

WHEREAS, FM Foundation has raised funds for a phased approach to renovating the Financial Technology Lab – Phase 1. The remaining phases will complete the original vision for renovations in the cancelled 2020 FMCC project; and

WHEREAS, Fulton Montgomery Community College proposes completion of said project utilizing monies from New York State 50% Match Funds and no funding from the County Sponsors as follows:

 

NYS 50% Matching Funds      $100,000.00

FM Foundation                        $100,000.00

Sponsor Match – Fulton                       $0.00

Sponsor Match – Montgomery             $0.00

TOTAL                                    $200,000.00

 

RESOLVED, that the Montgomery County Legislature hereby approve the Financial Technology Lab – Phase 1 Project for campus critical maintenance at a cost not to exceed $200,000. 

FURTHER RESOLVED, that this project will require no matching funds from Montgomery County; and 

FURTHER RESOLVED, that this resolution is contingent upon passage of a similar resolution by the Fulton County Board of Supervisors. 

FURTHER RESOLVED, that this resolution is contingent upon approval by New York State Division of Budget.

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

 

Authorizing FMCC Financial Technology Lab – Phase 1 Project for campus critical maintenance to accommodate new academic programming in this lab.


II. Justification:

The New York State Division of Budget is expected to approve a project for renovations to the campus lab, for which Resolution #291 had authorized funding before the pandemic.


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

No Capital funds are being requested of the County. Local share funds would be provided by the FM Foundation.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 185 of 2020

DATED: August 25, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING FMCC CAMPUS LABS & CLASSROOMS – PHASE 3 PROJECT – HEALTH AND SAFETY (FMCC)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the Fulton Montgomery Community College Board of Trustees had recommended that the Campus Labs and Classrooms Phase 3 project be undertaken at Fulton Montgomery Community College; and 

WHEREAS, Resolution #291 dated November 26, 2019 authorized a $1,000,000 Campus Labs and Classrooms Phase 3 project be undertaken at Fulton Montgomery Community College to renovate aged out and deteriorating campus labs, at a cost of $250,000 to Montgomery County; and 

WHEREAS, the State University of New York Office for Capital Facilities (SUNY OCF) has informed Fulton Montgomery Community College that only health and safety related capital projects will be approved by the New York State Division of Budget during the current State fiscal year; and 

WHEREAS, SUNY OCF has informed Fulton Montgomery Community College that contracts related to campus lab renovations will therefore not be approved by the New York State Division of Budget; and 

WHEREAS, Fulton Montgomery Community College has identified necessary health and safety related capital needs related to an obsolete fire alarm system, HVAC chiller refurbishing, and the installation of an alarm in its wastewater treatment plant; and 

WHEREAS, Fulton Montgomery Community College proposes completion of said project utilizing monies from New York State 50% Match Funds and the County Sponsors as follows:

NYS 50% Matching Funds  $250,000.00
Sponsor Match – Fulton   $125,000.00
Sponsor Match - Montgomery  $125,000.00
TOTAL  $500,000.00

RESOLVED, that the Montgomery County Legislature hereby approve the Campus Labs and Classroom – Phase 3 Project for health and safety needs at a cost not to exceed $500,000; and 

FURTHER RESOLVED, that this project will require $125,000 of matching funds from Montgomery County; and 

FURTHER RESOLVED, that this resolution is contingent on the Montgomery County Legislature passing a bonding resolution to fund the project; and 

FURTHER RESOLVED, that this resolution is contingent upon passage of a similar resolution by the Fulton County Board of Supervisors; and

FURTHER RESOLVED, that this resolution is contingent upon approval by New York State Division of Budget.

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



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing FMCC Campus Labs & Classrooms – Phase 3 Project for health and safety needs


II. Justification:

The New York State Division of Budget is not expected to approve a project for renovations to the campus labs, for which Resolution #291 had authorized funding but is anticipated to approve health and safety resolutions.


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

Previously approved funding pursuant to a bonding resolution was $250,000 which was later rescinded. Current request for funding pursuant to a bonding resolution is $125,000.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 186 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Thayer
Seconded by: Wilson

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 September 23, 2020 through October 27, 2020; 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(8). Legislator Isabel was absent. (10/27/2020)



Abstract of Audited Claims - October 2020

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. 187 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION CORRECTING 2019-2020 TOWN AND COUNTY TAX ROLLS - VARIOUS PARCELS


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

WHEREAS, various property owners have filed Applications for Correction of the 2019-2020 Tax Rolls, pursuant to Section 556-b of the Real Property Tax Law, with the Real Property Director, alleging errors on the 2019-2020 Tax Rolls; and

WHEREAS, said Director has investigated and filed a report, pursuant to said statute; and

WHEREAS, the Montgomery County Legislature has reviewed the Real Property Tax Director’s reports and application; and

WHEREAS, the Montgomery County Legislature finds that there was a Clerical Error that is applicable in the Application for Correction to the 2019-2020 Tax Rolls as follows: 

Street Address

SBL #

Town

Name

       

15 Center St

8.44-2-46

St. Johnsville

Greater Mohawk Valley Land Bank

58 Center St

46.38-1-54

Minden

Greater Mohawk Valley Land Bank

63 Center St

46.45-1-22.1

Minden

Greater Mohawk Valley Land Bank

51 Mohawk St

46.46-3-3

Minden

Greater Mohawk Valley Land Bank

71 W Grand St

63.9-2-27

Palatine

Greater Mohawk Valley Land Bank

 

RESOLVED, that the 2019-2020 Tax Rolls hereby is ordered corrected as attached hereto and made a part hereof; and

FURTHER RESOLVED, that the tax levying body hereby is authorized and directed to approve said applications by making notations on the original applications and duplicates, and by entering the correct extension of taxes; and

FURTHER RESOLVED, that said County Director is also authorized and directed to make an order setting forth the corrected taxes, and directing the officer having jurisdiction over the tax roll to correct the rolls, and affix the orders and approved applications to the tax rolls and the warrants, per Section 556 of the Real Property Tax Law, such annexed applications and warrants becoming a part of such tax rolls; and

FURTHER RESOLVED, that said County Director shall immediately submit, to the officers having jurisdiction over the tax roll, and above order, all approved applications; and

FURTHER RESOLVED, that said County Director shall mail Notices of Approval of Application to the applicants and the County Auditing Committee shall submit a monthly report, setting forth all corrections and/or refunds processed, to the Montgomery County Legislature; and

FURTHER RESOLVED, that, provided the applications were filed pursuant to Paragraph 7A of Section 554 of the Real Property Tax Law, each applicant shall have eight days, from the date of the mailing of the Notice of Approval, to pay such corrected taxes, without interest; and

 FURTHER RESOLVED, that the said officers having charge of the tax rolls hereby are ordered and directed to immediately collect corrected tax; and

 FURTHER RESOLVED, that said Treasurer is directed to charge any taxes deleted from the current rolls, by this resolution, wherever appropriate, against the account of the respective property-taxing jurisdiction for the inclusion in the next ensuing tax levy; and

 FURTHER RESOLVED, that said Treasurer is directed to notify the appropriate districts, of any relevy cancelled by this resolution and will be charged back on the ensuing tax roll.

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



8.44-2-46

46.38-1-54

46.45-1-22.1

46.46-3-3

63.9-2-27

Statement of Legislative and Financial Impact:

I. Nature of Request:

CORRECTING 2019-2020 TOWN AND COUNTY TAX ROLLS - VARIOUS PARCELS


II. Justification:

CORRECTING 2019-2020 TOWN AND COUNTY TAX ROLLS - VARIOUS PARCELS


III. Legislative Impact:

 Treasurer is directed to notify the appropriate districts, of any relevy cancelled by this resolution and will be charged back on the ensuing tax roll


IV. Financial Impact:

The loss of County taxes to the County.  The other taxes would be charged would be charged back to corresponding districts.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 188 of 2020

DATED: October 27, 2020

RECOMMENDATION:
     

RESOLUTION DENYING THE CORRECTION OF THE 2019-2020 TOWN AND COUNTY TAX ROLLS – VARIOUS PARCELS


Resolution by Legislator: Purtell
Seconded by: Thayer

WHEREAS, Greater Mohawk Valley Land Bank has filed Applications for Corrected Tax Roll, pursuant to Section 556 of the Real Property Tax Law, with the Real Property Tax Director, alleging errors on the 2019-2020 Tax Rolls, and  

WHEREAS, said Director has investigated and filed a report, pursuant to said statute; and

WHEREAS, the Director did not find that errors existed on the 2019-2020 Tax Rolls; and

WHEREAS, the Montgomery County Legislature has reviewed the Real Property Director’s reports and applications; and

WHEREAS, the Montgomery County Legislature does not find that there was a clerical error, unlawful entry, or an error of essential fact that is applicable for correction;

RESOLVED, that Montgomery County Legislature hereby denies the Applications for Correction of the 2019-2020 Tax Rolls as follows:

 

Street Address

SBL #

Town

Name

       

13 Lower Prospect

35.11-2-4

Mohawk

Greater Mohawk Valley Land Bank

Canal St

46.37-1-4

Minden

Greater Mohawk Valley Land Bank

219 Canal St

46.9-1-11.2

Minden

Greater Mohawk Valley Land Bank

21 Lydius St.

46.46-1-34

Minden

Greater Mohawk Valley Land Bank

224 Main St

46.53-1-13

Minden

Greater Mohawk Valley Land Bank

215-217 Main

46.53-1-15

Minden

Greater Mohawk Valley Land Bank

132 W. Grand

63.9-1-1

Palatine

Greater Mohawk Valley Land Bank

110 Charleston St

135.1-1-13.1

Charleston

Greater Mohawk Valley Land Bank

3 W Main St

8.52-2-9

St. Johnsville

Greater Mohawk Valley Land Bank

39 Monroe St

9.9-1-38

St. Johnsville

Greater Mohawk Valley Land Bank

FURTHER RESOLVED, that the applications shall be marked “denied”; and

FURTHER RESOLVED, that the County Director is authorized and directed to mail the denied applications to the applicants.

MOTION TO AMEND by Legislator Thayer, seconded by Legislator Kelly, to the first RESOLVED CHAUSE to add the following:

Street Address  SBL# Town Name
58 Center Street  46.-38-1-54 Village of Fort Plain Greater Mohawk Valley Bank
68 Center Street  46.-38-1-60 Village of Fort Plain Greater Mohawk Valley Bank 
70 Center Street  46.-38-1-61 Village of Fort Plain Greater Mohawk Valley Bank  
21 State Street  46.54-2-12.21 Village of Fort Plain Greater Mohawk Valley Bank  
153 Erie Boulevard 63.13-1-16 Canajoharie Greater Mohawk Valley Bank  
131 Mohawk Street  63.62-1-13 Canajoharie Greater Mohawk Valley Bank  

 

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

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



35.11-2-4

46.37-1-4

46.9-1-11.2

46.46-1-34

46.53-1-13

46.53-1-15

63.9-1-1

135.-1-1-13.1

8.52-2-9

9.9-1-38

Statement of Legislative and Financial Impact:

I. Nature of Request:

DENYING THE CORRECTION OF THE 2019-220 TOWN AND COUNTY TAX ROLLS – VARIOUS PARCELS


II. Justification:

Montgomery County Legislature does not find that there was a clerical error, unlawful entry, or an error of essential fact that is applicable for correction


III. Legislative Impact:

Montgomery County Legislature does not find that there was a clerical error, unlawful entry, or an error of essential fact that is applicable for correction


IV. Financial Impact:

Favorable decision for the county due to the fact that the taxes would be paid to the county.



cc: County Clerk
County Treasurer