Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:04 p.m. on Tuesday, May 17, 2022 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068. 

Pursuant to law, members of the Legislature and public are authorized to participate via conference call.  Members of the public may participate by calling 1-224-501-3412, Access Code 461-840-301. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us 

Items on the agenda, at this time, are as follows:

1.   DISCUSSION

  A.  Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

2.  RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AGREEMENTS FOR THE FMCC CAMPUS LABS AND CLASSROOMS PHASE III PROJECT (FMCC)

3.  RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AGREEMENT WITH TRANE U.S. INCORPORATED TO REPLACE HVAC CONTROLS AT THE FMCC PE BUILDING (FMCC)

4.  RESOLUTION AUTHORIZING A FIREWORKS DISPLAY AT THE FORMER BEECH-NUT FACILITY (COUNTY LEGISLATURE)

5.  RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW AUTHORIZING VIDEOCONFERENCING (COUNTY LEGISLATURE)

6.  RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - CONTINUATION OF CLEO AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND THE COUNTIES OF FULTON AND SCHOHARIE

7.  OTHER

RESOLUTION NO. 105 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, the 2022 Capital Plan contains and appropriation of $1,000,000 for the FMCC Science Labs and Classrooms Phase 3 Project; and 

WHEREAS, the FMCC Campus Labs and Classroom Building Renovation Project was intended to be a sequential three (3) phased project as identified within Fulton County’s 2018-2020 Capital Plan; and 

WHEREAS, the first two (2) phases were completed in 2018 and 2019 respectively; and 

WHEREAS, due to the onset of the COVID-19 Pandemic, Phase 3 of the sequential three-phased project abruptly stopped once FMCC was notified by the SUNY Office of Capital Facilities that New York State would no longer support the project due to reappropriating State dollars toward more immediate health and safety related projects; and 

WHEREAS, the initial Phase 3 project had been designed, successfully bid and all contracts had been executed; and 

WHEREAS, Resolution #42 dated February 22, 2022 authorized a contract with JMZ Architects and Planners, P.C. to update design plans and bid specifications for the FMCC Science Labs and Classrooms Phase 3 Project (2022 Capital Plan); and 

WHEREAS, funding for this project will be as follows:

And 

WHEREAS, on April 6, 2022, the following bids were received for the four (4) prime construction contracts:

1. Contract No. 1: General Construction:

¹Alt. 2 (Add) – Renovate/Abate Room C137.

²Alt. 3 (Add) – Change Lab top material to epoxy resin in lieu of phenolic resin.

³Alt. 4 (Add) – Provide five (5) loose tables in Room C239.

⁴Alt. 5 (Add) – Provide $3,000.00 Allowance for Lab Equipment to be selected by Owner.

2. Contract No. 2: Plumbing Construction:

¹Alt. 2 (Add) – Renovate/Abate Room C137

3. Contract No. 3: HVAC:

¹Alt. 2 Bid (Add) – Renovate/Abate Room C137

4. Contract No. 4: Electrical:

¹Alt. 2 Bid (Add) - Renovate/Abate Room C137

NOW, THEREFORE BE IT RESOLVED, that based upon the bids received, and the written recommendation from JMZ Architects regarding lowest possible bidders, the following construction contracts are recommended to be awarded:

¹Add Alt 2, 3, 4, 5

²Add Alt 2

³Add Alt 2

⁴Add Alt 2

AND BE IT FURTHER RESOLVED, in addition to the four (4) prime construction contracts, FMCC recommends the following additional three (3) contracts be awarded for various services:

• Special Testing and Inspections
• Hazmat Monitoring
• Furniture and Furnishings

AND BE IT FURTHER RESOLVED, FMCC recommends the following:

AND BE IT FURTHER RESOLVED, Montgomery County Legislature will award these prime construction and other contracts at their May 24, 2022 meeting.

AND BE IT FURTHER RESOLVED,

1. SUMMARY OF PROJECT BUDGET CLASSROOM PHASE III PROJECT:

TOTAL PROJECT BUDGET                                            :       $1,000,000.00

(LESS) CA PHASE III                                                       :           $     69,250.00

(LESS) 4 PRIME CONTRACTS                                       :           $   807,815.00

(LESS) OTHER CONTRACTS                                         :           $     35,950.00

CURRENT BALANCE                                                    :           $     86,985.00

RESOLUTION VOTE, passed with Aye(5). Legislators Sweet and Dimond abstained. Legislators Duchessi and VACANT were absent.(5/24/2022)

RESOLUTION VOTE, passed with Aye(6). Legislator Sweet abstained. Legislators Duchessi and VACANT were absent. (5/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 106 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Fulton County’s 2022 Capital Plans includes a $47,500 appropriation to contract with Trane U.S. Incorporated to update various HVAC control systems in FMCC’s PE Building; and

WHEREAS, funding for the project was proposed as follows:

and; 

WHEREAS, an updated proposal was received from Trane U.S. Incorporated on February 16, 2022 confirming the $47,500 cost to update various HVAC control systems within FMCC’s PE Building; and

RESOLVED, the Montgomery county executive is authorized and directed upon review and approval of the county attorney to enter into a contract with trane us incorporated at a cost not to exceed $47,500 to update hvac systems at the FMCC PE building; and 

FURTHER RESOLVED, this resolution is contingent on a substantially similar resolution being passed by Fulton County.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 107 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County has been approached with a request for permisson to hold a fireworks display at the former Beech-Nut facility; and

WHEREAS, E29, the holder of the Purchase and Sale Agreement has agreed to this display as well; and

WHEREAS, Montgomery County supports the Village's efforts to promote economic development.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature, upon the receipt by the vendor of all necessary approvals and permits, signing of proper waivers and proof of proper insurance coverage in favor of Montgomery County, authorizes the use of the former Beech-Nut facility for a fireworks display on September 10, 2022 in the Village of Canajoharie; and

BE IT FURTHER RESOLVED, that the use of the former Beech-Nut facility for the fireworks display shall be at no cost to Montgomery County.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 108 of 2022 DATED: May 24, 2022 RECOMMENDATION:

SECTION 5. 

A copy of this local law  shall be conspicuously posted on the Montgomery County website. 

SECTION 6.

Open meetings of any public body that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this section, "disability" shall have the meaning defined in section two hundred ninety-two of the executive law.

SECTION 7.

To the extent that this local law is inconsistent with other laws or  resolutions it shall supersede those laws or resolutions.

SECTION 8. 

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

SECTION 9. 

This Local Law shall be effective upon its filing with the New York State Secretary of State.

I. Nature of Request:

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RESOLUTION NO. 109 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, in accordance with the Workforce Innovation and Opportunity Act (WIOA) of 2014, Fulton, Montgomery, and Schoharie Counties entered into an agreement prescribed by WIOA to oversee the management of WIOA funding and supported activities coordinated by the Grant Sub-recipient and Fiscal Agent the Fulton Montgomery and Schoharie Counties Workforce Development Board, Inc.; and

WHEREAS, the Chief Local Elected Officials (CLEO) Agreement authorizes the FMS Workforce Development Board to provide planning guidance, monitoring, support, oversight and regulation to ensure the highest quality workforce development system; and

WHEREAS, said CLEO Agreement should be renewed on a yearly basis on July 1 of each year; and

WHEREAS, the CLEO Agreement was recently revised to meet new regulations.

RESOLVED, the County Exeucitive, upon review and approval of the County Attorney, is hereby authorized and directed by the Montgomery County Legislature to sign the Chief Local Elected Officials (CLEO) Agreement between the Counties of Fulton, Montgomery, and Schoharie to meet the requirements of the Workforce Innovation and Opportunity Act; and

FURTHER RESOLVED, this Agreement is effective July 1, 2022 and continues through June 30, 2023.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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II. Justification:

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IV. Financial Impact: