FOURTH REGULAR SESSION
Johnstown, NY
April 11, 2022
Supervisors: Argotsinger, Blackmon, Bowman, Bradt, Callery, Fagan, Fogarty, Goderie, Greene, Groff, Howard, Kinowski, Potter, Van Genderen, Wilson, Young
TOTAL: Present: 16 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Chairman Fagan called the meeting to order at 1:00 p.m. Following the Pledge of Allegiance to the Flag, Chairman Fagan asked if there was anyone from the public who wished to address the Board. No one came forward.
Chairman Fagan presented a Proclamation recognizing Fulton County Public Health staff.
PUBLIC HEARINGS/SCHEDULED SPEAKERS
1:30 P.M. PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE COUNTY’S COMMUNITY DEVELOPMENT NEEDS, AND TO DISCUSS THE POSSIBLE SUBMISSION OF ONE OR MORE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS FOR THE 2022 PROGRAM YEAR
COMMUNICATIONS
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Letter from NYS Division of Budget, dated March 14, 2022
Subj: Review of the SFY 2022 Raise the Age (RTA) County plan
LATE COMMUNICATION
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Letter from NYS Governor’s Traffic Safety Committee, dated March 11, 2022
Subj: 2022 STOP DWI Plan Approval
CHAIRMAN’S REPORT
Chairman Fagan stated that business is as usual, and he is still signing a lot of department contracts. He stated that he attended the NYSAC Spring Conference and Board Chairs meeting while he was there. He also stated that Cyber security was a main topic and since then, the Perth Town Hall has had received about a dozen phishing emails. He stated that the Town is looking into the increase in phishing emails.
Chairman Fagan discussed the recent approval of the State Budget. He stated that the Legislature did take out some things that the Governor put in but overall, it includes a lot of new spending.
Mr. Stead stated that if you look at the line items in the State budget, you will see that a lot of new policy legislation was buried within the Budget approval process.
In reply to a question, Mr. Stead stated that the gerrymandering redistricting is in the appeals process and as of today the districts, as done by the legislature, are in place until the full appeals court decides to take it up to challenge or not.
RESOLUTIONS
No. 139 (Resolution Urging New York State not to Change the Work Week for Farm Workers): Supervisor Young stated that, initially, he had quite a bit of concern on this topic and the change to over time thresholds. He stated that the budget proposal describes that farmers will be getting half of “the tax credit up front” and that dissolved his dissatisfaction with the proposed decrease in work week hours.
Public Hearing: PUBLIC HEARING TO RECEIVE COMMENTS REGARDING THE COUNTY’S COMMUNITY DEVELOPMENT NEEDS, AND TO DISCUSS THE POSSIBLE SUBMISSION OF ONE OR MORE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS FOR THE 2022 PROGRAM YEAR
Chairman Fagan opened the Public Hearing to receive comments regarding the County’s Community Development Needs, and to discuss the possible submission of one or more Community Development Block Grant (CDBG) applications for the 2022 program year at 1:30 p.m. No one came forward.
Chairman Fagan explained that he would keep the public hearing open in case anyone came in to speak.
No. 148 (Resolution Endorsing Creation of a Centralized Arraignment Plan (CAP) for Town Court Arraignments in Fulton County): Supervisor Callery asked if all Towns are “on board” with this plan. Mr. Fagan stated that it is his understanding that all Towns have “signed off” on this. Mr. Stead stated there will be CAP arraignments at 8:00 a.m. and 8:00 p.m. for arraignments at the Fulton County Correctional Facility.
Supervisor Callery asked if there is any costs to the County. Mr. Stead stated that the State hasn’t committed to reimbursement for installation of walls for the new court office location at the Correctional Facility. The State will reimburse for office furniture, but not a copier. Mr. Stead stated that there is a surplus used County copier that will be supplied. Supervisor Van Genderen stated that he met with the Town of Broadalbin Justices this morning and they didn’t seem to be happy with this change. They are concerned it will lead to further court consolidation. He expressed that this change does make sense to him. Mr. Stead stated that during the Public Safety Committee, it was discussed that if a Town Justice did not want to participate in the CAP, then they could still do their own arraignments in their own town facilities.
Mr. Callery expressed that it’s hard for him to support something that costs taxpayer dollars but does not benefit his constituents.
Chairman Fagan again asked if there were any members of the public who wished to make comments regarding the Public Hearing regarding the County’s Community Development Needs, and to discuss the possible submission of one of more Community Development Block Grant (CDBG) applications for the 2022 program year. There being no interested speakers, Chairman Fagan closed the Public Hearing at 1:53 p.m.
A motion was offered by Supervisor Callery, seconded by Supervisor Bradt and unanimously carried, to waive the rules of order to take action on Late Resolutions 1-3.
No. 174 (Resolution Authorizing Payment to the NYS Office of Mental Health for Court Commitment of an Individual): Mr. Stead stated that this individual is still in custody. Mr. Stead explained that he asked Community Services Director Gagnon to look into this further. Mr. Stead stated that Mr. Gagnon has talked to the person in charge at the Mental Health facility and has an understanding for why the person is there. Mr. Stead stated that the County Judge stated that he doesn’t know when this case will be resolved. Mr. Stead stated that the facility needs to determine that this person is stable enough to represent themselves in court before being released back to the general jail population.
Supervisor Callery stated that the Board of Supervisors needs to take some sort of action to contact other counties because this shouldn’t be the County’s responsibility to cover the cost. Mr. Stead stated that he will contact the New York State Association of Counties (NYSAC).
PROCLAMATIONS
RECOGNIZING FULMONT COMMUNITY ACTION AGENCY, INC. AND DECLARING MAY 2022 “COMMUNITY ACTION MONTH IN FULTON COUNTY”
WHEREAS, Fulmont Community Action Agency is one of the 47 Community Action Agencies serving the low income, elderly and disabled residents of the State of New York; and
WHEREAS, Fulmont Community Action Agency has served the low income, elderly and disabled residents of Fulton and Montgomery counties for over 55 years; and
WHEREAS, Fulton Community Action Agency conducts numerous programs to meet the needs of Fulton and Montgomery County residents, including Head Start, Universal Pre-Kindergarten, Weatherization, EmPower, Senior Transportation, Community Services, Wheels for Work and Women, Infants and Children Program, and the Volunteer Tax Assistance (VITA) Programs; and
WHEREAS, Fulmont Community Action Agency, in partnership with government, the private sector and low income citizens, continues to identify poverty conditions and find solutions; now, therefore be it
RESOLVED, That the Fulton County Board of Supervisors hereby proclaims the month of May 2022 as “Community Action Month in Fulton County”.
LATE PROCLAMATION
RECOGNIZING THE PUBLIC HEALTH DEPARTMENT STAFF FOR EXEMPLARY SERVICE
WHEREAS, Public Health staff provide the community with the services it needs to protect our families, schools and businesses throughout the year in good times and bad; and
WHEREAS, the Fulton County Public Health Department staff have worked around the clock during the COVID-19 pandemic to protect the health and safety of Fulton County residents; and
WHEREAS, the staff at the Public Health Department were the leading health professionals working behind the scenes, and on the front lines to make an incredible impact during this unprecedented global pandemic; and
WHEREAS, it is fitting to recognize the outstanding team at the Fulton County Department of Public Health on the heels of National Public Health Week – April 4-10, 2022; now, therefore be it
RESOLVED, That the Board of Supervisors hereby expresses its appreciation to the staff of the Fulton County Public Health Department for exemplary dedication and determination during the last two years and for its important role in shaping the future for generations to come; and, be it further
RESOLVED, That the Board urges citizens across the region to thank public health workers for their ongoing contributions whenever and wherever they meet them.
Upon a motion by Supervisor Callery, seconded by Supervisor Howard and unanimously carried, the Board entered Executive Session at 2:04 p.m. to discuss employment history.
Upon a motion by Supervisor Callery, seconded by Supervisor Greene and unanimously carried, the Board re-entered into Regular Session at 2:19 p.m.
ADJOURNMENT
Upon a motion by Supervisor Greene, seconded by Supervisor Howard and unanimously carried, the Board adjourned at 2:20 p.m.
Certified by:
_________________________________________
Jon R. Stead, Administrative Officer/ DATE
Clerk of the Board
Resolution No. 175-2022
RESOLUTION AWARDING BIDS FOR FOODSTUFF AND OTHER SUPPLIES FOR USE IN THE FULTON COUNTY CORRECTIONAL FACILITY
Supervisor GREENE offered the following Resolution and moved its adoption:
RESOLUTION AWARDING BIDS FOR FOODSTUFF AND OTHER SUPPLIES FOR USE IN THE FULTON COUNTY CORRECTIONAL FACILITY
RESOLVED, That bids, as submitted and placed on file in the Office of the Purchasing Agent, for the purchase of foodstuffs and other supplies for use by the Fulton County Correctional Facility, effective May 1, 2022 through August 31, 2022, be and hereby are awarded to vendors as follows:
Vendor Items Total Bid Estimate
Ginsberg’s Foods Refrigerated Foods/Dry Goods $40,371.30
Hudson, NY
Ginsberg’s Foods Frozen Goods $17,856.61
Hudson, NY
Bimbo Bakeries Bread and Rolls $ 2,660.58
Albany, NY
and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Correctional Facility, Sheriff, All Bidders, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 174-2022
RESOLUTION AUTHORIZING PAYMENT TO THE NYS OFFICE OF MENTAL HEALTH FOR COURT COMMITMENT OF AN INDIVIDUAL
Supervisor HORTON AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING PAYMENT TO THE NYS OFFICE OF MENTAL HEALTH FOR COURT COMMITMENT OF AN INDIVIDUAL
WHEREAS, a Court Order issued by Fulton County Judge and Surrogate remanded a defendant to the New York Office of Mental Health (OMH) Central New York Forensic Unit; and
WHEREAS, in accordance with Article 41 of New York State Law Mental Hygiene Law, the County is responsible for 100 percent of the charges; and
WHEREAS, Resolution 134 of 2022 authorized payment of a bill for $24,538.65 for said remandment for the period December 15, 2021 through December 31, 2021; and
WHEREAS, the Director of Community Services has now received a bill for January 2022 in the amount of $44,153.61; now, therefore be it
RESOLVED, That the Board of Supervisors be and hereby authorizes Court Commitment payment for an individual at the NYS Office of Mental Health Central New York Forensic Unit for an amount not to exceed $44,153.61 for the month of January 2022; and, be it further
RESOLVED, That the County Treasurer be and hereby is directed to make the following transfer:
From: A.1000.1990-4907 – EXP – Contingent Fund Expense
To: A.4310.4310-4090 – EXP – Professional Services
Sum: $44,154.00
RESOLVED, That the Community Services Director do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Judge and Surrogate, Community Services Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by WILSON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 173-2022
RESOLUTION AUTHORIZING ACCEPTANCE OF A THREE-YEAR NEW YORK SYSTEMS CHANGE AND INCLUSIVE OPPORTUNITIES NETWORK (NY SCION) GRANT FROM THE U.S. DEPARTMENT OF LABOR UNDER THE WORKFORCE INNOVATION AND OPPORTUNITIES ACT (WIOA)
Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING ACCEPTANCE OF A THREE-YEAR NEW YORK SYSTEMS CHANGE AND INCLUSIVE OPPORTUNITIES NETWORK (NY SCION) GRANT FROM THE U.S. DEPARTMENT OF LABOR UNDER THE WORKFORCE INNOVATION AND OPPORTUNITIES ACT (WIOA)
WHEREAS, the Fulton Montgomery Schoharie (FMS) Workforce Development Board was awarded up to $300,000.00 to administer a new three-year statewide initiative known as the New York Systems Change and Inclusive Opportunities Network (NY SCION) grant from the U.S. Department of Labor under the Workforce Innovation and Opportunities Act (WIOA); and
WHEREAS, the FMS Workforce Development Board is the pass-through entity of WIOA funds in this area; and
WHEREAS, the FMS Workforce Development Board will use said funds for the following goals:
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Improve employment outcomes for individuals with disabilities.
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Expand available career services for jobseekers with disabilities.
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Support and expand partnerships, collaboration, coordination and service delivery across education, workforce and disability systems.
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Support evaluation, sustainability planning and implementation strategies including partner development, business and funder outreach and revenue identification.
now, therefore be it
RESOLVED, That the FMS Workforce Development Board be and hereby is authorized to accept up to $300,000.00 to administer a new three-year statewide initiative known as the New York Systems Change and Inclusive Opportunities Network (NY SCION) grant from the U.S. Department of Labor under the Workforce Innovation and Opportunities Act effective January 1, 2022 through December 31, 2024; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, FMS Workforce Development Board, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by GREENE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 172-2022
RESOLUTION AUTHORIZING CERTAIN TRANSFERS AND BUDGET AMENDMENTS
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING CERTAIN TRANSFERS AND BUDGET AMENDMENTS
RESOLVED, That the County Treasurer be and hereby is directed to make the following transfers:
Social Services
From: A.6010.6011-1000 – EXP – Payroll
To: A.6010.6011-1100 – EXP – Overtime
Sum: $20,000.00
Social Services
From: A.6010.6014-1000 – EXP – Payroll
To: A.6010.6014-1100 – EXP – Overtime
Sum: $2,000.00
Highway
From: D.5010.5110-4620 – EXP – Road Maintenance
To: D.5010.5010-4210 – EXP – Training and Conferences
Sum: $518.00
Workers Compensation
From: MS.9040.1720-4921 – EXP – Benefits and Awards
To: MS.9040.1710-4090 – EXP – Professional Services
Sum: $72,000.00
and, be it further
RESOLVED, That the 2022 Adopted Budget be and hereby is amended as follows:
Sheriff
Revenue
Increase A.3110.3110-2680 – REV – Insurance Recoveries $ 2,796.00
Appropriation
Increase A.3110.3110-4540 – EXP – Vehicle Maintenance $ 2,796.00
Highway
Revenue
Increase D.1000.0599-0599 – REV – Appropriated Fund Balance $35,372.00
Appropriation
Increase D.5010.3310-4130 – EXP – Contractual $35,372.00
Revenue
Increase DM.5130.5130-2680– REV – Insurance Recoveries $7,185.00
Appropriation
Increase DM.5130.5130-4540 – EXP – Vehicle Maintenance $7,185.00
and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Sheriff, Community Services Director, Highways and Facilities, Workers Compensation, Social Services Commissioner, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by WILSON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 171-2022
RESOLUTION AUTHORIZING DISPOSAL OF CERTAIN SURPLUS EQUIPMENT
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING DISPOSAL OF CERTAIN SURPLUS EQUIPMENT
WHEREAS, the Purchasing Agent recommends disposal of broken equipment in certain departments; now, therefore be it
RESOLVED, That the Purchasing Agent be and hereby is authorized to dispose of the following County surplus equipment, in accordance with the Fulton County Purchasing and Audit Guidelines:
Solid Waste:
15 – GPS Tracking Unit (8180 through 8194)
3 – Two Way Radio (3554, 3570, 6063)
1 – Charger (3694)
3 – Remote Desk Radio Motor (3756, 3759, 4110)
1 – Public System Wireless (6258)
1 – HP ScanJet Scanner (6384)
1 – Radio and Antenna (9747)
1 – Typewriter Nakajima (5632)
1 – Grinder and Vice (3470)
1 – Diesel Fuel Pump (3748)
and, be it further
RESOLVED, That the Superintendent of Highways and Facilities, Solid Waste Director and Purchasing Agent be and hereby are directed to arrange for the disposal of the listed surplus as scrap and/or refuse, to be coordinated with the Solid Waste Department’s current bulky metals contract, as necessary; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Superintendent of Highways and Facilities, Solid Waste Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by CALLERY and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 170-2022
RESOLUTION AUTHORIZING THE SALE OF COUNTY-OWNED PROPERTY LOCATED ON VAN ROAD IN THE TOWN OF JOHNSTOWN (SBL #149.-1-36.2 AND 149.-1-36.11) AT THE ONLINE 2022 COUNTY PROPERTY AUCTION
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING THE SALE OF COUNTY-OWNED PROPERTY LOCATED ON VAN ROAD IN THE TOWN OF JOHNSTOWN (SBL #149.-1-36.2 AND 149.-1-36.11) AT THE ONLINE 2022 COUNTY PROPERTY AUCTION
WHEREAS, Resolution 234 of 2005 authorizing filing of a “Certificate of Withdrawal”, “Certificate of Cancellation” and “Certificate of Prospective Cancellation” relative to certain properties with environmental hazards; and
WHEREAS, Resolution 259 of 2016 directed the County Treasurer to issue a Certificate of Restoration for certain parcels located at Van Road in the Town of Johnstown; and
WHEREAS, the Certificate of Restoration was filed with the Fulton County Clerk on July 25, 2016; and
WHEREAS, the County Treasurer now recommends selling the former Fashion Tanning properties located on Van Road in the Town of Johnstown (SBL #149.-1-36.2 and 149.-1-36.11) during the online 2022 County Property Auction; now, therefore be it
RESOLVED, That the Committee on Finance has reviewed the properties and determined it would be in the County’s best interest to accept bids on the former Fashion Tanning properties located on Van Road in the Town of Johnstown (SBL #149.-1-36.2 and 149.-1-36.11) during the online 2022 County Property Auction; and, be it further
RESOLVED, That both parcels identified herein be combined and sold together at auction, with a minimum bid price set at the amount of delinquent taxes owed; and, be it further
RESOLVED, That the County Treasurer be directed to record the appropriate deed after the execution thereof and to bill the purchasers the proper fees, as well as do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Attorney, and Administrative Officer/Clerk of the Board.
Seconded by GODERIE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 169-2022
RESOLUTION AUTHORIZING DISTRIBUTION OF A REQUEST FOR PROPOSALS FOR TITLE SEARCH SERVICES (COUNTY TREASURER)
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING DISTRIBUTION OF A REQUEST FOR PROPOSALS FOR TITLE SEARCH SERVICES (COUNTY TREASURER)
WHEREAS, Resolution 56 of 2021 authorized a contract extension between the County Treasurer and Chain of Deeds LL, Genesis Abstract Inc., KCS Land Research Corp. for title search services and said contracts expire on March 31, 2022; now, therefore be it
RESOLVED, That the Purchasing Agent be and hereby is authorized and directed to advertise for proposals from vendors to provide title search services for the County of Fulton (and according to further specifications which may be obtained at the office of the Purchasing Agent, Supervisors' Chambers, Room 203, County Building, Johnstown, NY, 12095, during usual business hours); and, be it further
RESOLVED, That such proposals must be addressed to the Committee on Finance, c/o Jon R. Stead, Purchasing Agent, Supervisors' Chambers, Room 203, County Building, Johnstown, NY, 12095, and received by said Purchasing Agent no later than 2:00 p.m., Wednesday, May 18, 2022, at which time and place they will be publicly opened and read; and, be it further
RESOLVED, That the Board of Supervisors reserves the right to reject any or all proposals; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer and Administrative Officer/Purchasing Agent.
Seconded by BOWMAN and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 168-2022
RESOLUTION RE-APPROPRIATING FUNDS FOR SECURITY DOOR MECHANISMS INTO THE 2022 COUNTY BUDGET
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION RE-APPROPRIATING FUNDS FOR SECURITY DOOR MECHANISMS INTO THE 2022 COUNTY BUDGET
WHEREAS, during 2021, the County Treasurer and District Attorney each appropriated funds in the 2021 County Budget to purchase a new Linstar Door Swipe and Mobile Enabled Multi-function Lock; and
WHEREAS, due to the COVID-19 pandemic and supply chain issues, Linstar was unable to deliver the necessary equipment during the 2021 County fiscal year; and
WHEREAS, the County Treasurer and District Attorney now request re-appropriating funds for security door mechanisms into the 2022 County Budget to complete the purchase of the Linstar Door Swipe and Mobile Enabled Multi-function Lock system; now, therefore be it
RESOLVED, That the County Treasurer and District Attorney be and hereby are authorized to pay Linstar for the 2021 quoted amount of $1,392.00 for each department’s purchase of a Linstar Door Swipe and Mobile Enabled Multi-function Lock system; and, be it further
RESOLVED, That the 2022 Adopted Budget be and hereby is amended as follows:
Revenue Account:
Increase A.1000.0599-0599 - REV - Appropriated Fund Balance $2,784.00
Appropriation Account:
Increase A.1165.1165-4030 – EXP – Repairs 1,392.00
Increase A.1325.1325-4030 – EXP – Repairs 1,392.00
and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, District Attorney, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BRADT and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 167-2022
RESOLUTION TRANSFERRING FUNDS FROM THE CONTINGENT FUND INTO THE INFORMATION TECHNOLOGY DEPARTMENT BUDGET (CYBER SECURITY SERVICE INTERMUNICIPAL AGREEMENT)
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION TRANSFERRING FUNDS FROM THE CONTINGENT FUND INTO THE INFORMATION TECHNOLOGY DEPARTMENT BUDGET (CYBER SECURITY SERVICE INTERMUNICIPAL AGREEMENT)
WHEREAS, Resolution 377 of 2021 authorized the purchase of server equipment, software and supplies on behalf of Hamilton County as part of the Cybersecurity Service Inter-Municipal Agreement between the two County governments; and
WHEREAS, the Information Technology Director has requested a transfer of $18,000.00 because certain equipment and supplies were not delivered during the 2021 fiscal year for the Cyber Security Service Intermunicipal Agreement with Hamilton County Board of Elections; and
WHEREAS, inasmuch as payment from Hamilton County was already received and assigned as revenue in the 2021 fiscal year, the Budget Director recommends that funds be transferred from the Contingent Fund; and
WHEREAS, the Committee on Finance has reviewed the request from the Information Technology Director and the counsel from the Budget Director and has recommended transferring $18,000.00 from the Contingent Fund Expense account; now, therefore be it
RESOLVED, That the County Treasurer be and hereby is directed to make the following transfer:
From: A.1000.1990-4907 – EXP – Contingent Fund Expense $18,000.00
To: A.1680.1680-4130 – EXP – Contractual 16,000.00
A.1680.1680-4530 – EXP – Supplies 2,000.00
and, be, it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Information Technology Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by GREENE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 166-2022
RESOLUTION AUTHORIZING THE SALE OF A SURPLUS COMPUTER TO THE TOWN OF CAROGA
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING THE SALE OF A SURPLUS COMPUTER TO THE TOWN OF CAROGA
WHEREAS, a letter was received from the Town Clerk in the Town of Caroga, requesting that the County consider selling one (1) surplus computer and monitor to use at the Nick Stoner Golf Course to run point-of-sale hardware; and
WHEREAS, the Information Technology Director and Purchasing Agent recommend the sale of one (1) surplus computer and monitor (I.D. Number: 10034) to the Town of Caroga, at nominal cost; now, therefore be it
RESOLVED, That the Purchasing Agent be and hereby is authorized to sell one (1) surplus computer and monitor to the Town of Caroga at a cost of $25.00 per each computer; and remove said equipment from the County’s Fixed Assets Inventory; and, be it further
RESOLVED, That the Purchasing Agent and County Treasurer do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Town of Caroga, Information Technology Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BOWMAN and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 165-2022
RESOLUTION APPROVING USER AGREEMENTS BETWEEN THE BOARD OF ELECTIONS AND LOCAL SCHOOL DISTRICTS TO USE COUNTY VOTING MACHINES (2022)
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION APPROVING USER AGREEMENTS BETWEEN THE BOARD OF ELECTIONS AND LOCAL SCHOOL DISTRICTS TO USE COUNTY VOTING MACHINES (2022)
WHEREAS, as of January 1, 2016, area school districts must use electronic voting machines to conduct school elections to meet new State mandates for school board elections; and
WHEREAS, Resolution 155 of 2015 authorized a Pilot program with the Greater Johnstown School District for Image Cast Electronic Voting to determine best practices for any other schools that desire to contract with the County for said service; and
WHEREAS, the Board of Supervisors previously approved User Agreements between the Board of Elections and Local School Districts to Use County Voting Machines during 2016, 2017, 2018, 2019, 2020 and 2021; and
WHEREAS, the Board of Elections Commissioners and Committee on Finance recommend authorizing User Agreements between the Board of Elections and local school districts to use County-owned electronic voting machines; now, therefore be it
RESOLVED, That the Chairman of the Board be and hereby is authorized to sign User Agreements between the Board of Elections and local school districts for use of the County voting machines for 2022 school board elections; said agreement subject to approval by the County Attorney; and, be it further
RESOLVED, That said school districts will reimburse the Board of Elections for costs associated with preparation and use of said machines at school district polling sites; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Board of Elections Commissioners, All Local School Districts, H-F-M BOCES Superintendent, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by GREENE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 164-2022
RESOLUTION AUTHORIZING EXTENSION OF A HAVA “SHOEBOX” GRANT AGREEMENT WITH THE NYS BOARD OF ELECTIONS (BOARD OF ELECTIONS)
Supervisor HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING EXTENSION OF A HAVA “SHOEBOX” GRANT AGREEMENT WITH THE NYS BOARD OF ELECTIONS (BOARD OF ELECTIONS)
WHEREAS, Resolution 192 of 2012 authorized a contract between the Board of Elections and NYS Board of Elections for use of HAVA funds (“Shoebox” Program); and
WHEREAS, Resolution 150 of 2021 authorized an extension of a HAVA “Shoebox” Grant Agreement with the NYS Board of Elections from April 1, 2020 through March 31, 2022; and
WHEREAS, a balance of $23,636.25 remains unspent from the 2004-2014 HAVA “Shoebox” grant allocated to Fulton County; and
WHEREAS, the State Board of Elections has extended the contract expiration period from April 1, 2022 through March 31, 2023; now, therefore be it
RESOLVED, That the Chairman of the Board be and hereby is authorized to sign a contract extension with the State Board of Elections for expenditure of HAVA “Shoebox” Grant funds through March 31, 2023; all other terms and aspects of said contract shall remain in full force and effect; and be, it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, NYS Board of Elections, Board of Elections Commissioners, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by KINOWSKI and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 163-2022
RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE DEPARTMENT OF HIGHWAYS AND FACILITIES AND CERTAIN TOWN HIGHWAY DEPARTMENTS FOR MOWING OF COUNTY RIGHTS-OF-WAY (2022)
Supervisor BRADT offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING AGREEMENTS BETWEEN THE DEPARTMENT OF HIGHWAYS AND FACILITIES AND CERTAIN TOWN HIGHWAY DEPARTMENTS FOR MOWING OF COUNTY RIGHTS-OF-WAY (2022)
WHEREAS, the County of Fulton owns and is responsible for the maintenance of County Roads and attending rights-of-away which require mowing; and
WHEREAS, the Superintendent has proposed to offer a contract to all Towns to accomplish roadside mowing of county highways within each jurisdiction; and
WHEREAS, the Committees on Public Works and Finance recommend offering contracts to each Town at a rate of $425.00 per mile during 2022; now, therefore be it
RESOLVED, That the Superintendent of Highways and Facilities be and hereby is, authorized to offer such contracts as follows:
Town Mileage Cost
Ephratah 7.52 $ 3,196.00
Caroga Lake 7.28 $ 3,094.00
Johnstown 31.99 $13,595.75
Northampton 10.82 $ 4,598.50
Oppenheim 12.71 $ 5,401.75
Totals 70.32 $29,886.00
and, be it further
RESOLVED, That the Chairman of the Board be and hereby is authorized and directed to sign contracts with agreeable towns to provide mowing services to the County of Fulton on the rights-of-way for the above designated County roads as needed during 2022; and, be it further
RESOLVED, That said agreement is subject to the approval of the County Attorney; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Superintendent of Highways and Facilities, All Contracted Towns, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BLACKMON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 162-2022
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE COUNTY OFFICE BUILDING WINDOW REPLACEMENT PROJECT (2022 CAPITAL PLAN)
Supervisor BRADT offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE COUNTY OFFICE BUILDING WINDOW REPLACEMENT PROJECT (2022 CAPITAL PLAN)
WHEREAS, the 2022 Capital Plan includes a Window Replacement Project at the County Office Building; now, therefore be it
RESOLVED, That the Purchasing Agent be and hereby is authorized and directed to advertise for sealed bids from contractors for the County Office Building Window Replacement Project at certain County Buildings (and according to further specifications which may be obtained at the office of the Purchasing Agent, Supervisors' Chambers, Room 203, County Building, Johnstown, NY, 12095, during usual business hours); and, be it further
RESOLVED, That such sealed bids must be addressed to the Committee on Public Works, c/o Jon R. Stead, Purchasing Agent, Supervisors' Chambers, Room 205, County Building, Johnstown, NY, 12095, and received by said Purchasing Agent no later than 2:00 p.m., Wednesday, May 18, 2022, at which time and place they will be publicly opened and read; and, be it further
RESOLVED, That the Board of Supervisors reserves the right to reject any or all bids; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Highways and Facilities Superintendent, Budget Director/County Auditor and Administrative Officer/ Purchasing Agent.
Seconded by CALLERY and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 161-2022
RESOLUTION AWARDING BIDS FOR VARIOUS HIGHWAY CONSTRUCTION MATERIALS FOR USE IN THE DEPARTMENT OF HIGHWAYS AND FACILITIES (2022)
Supervisor BRADT offered the following Resolution and moved its adoption:
RESOLUTION AWARDING BIDS FOR VARIOUS HIGHWAY CONSTRUCTION MATERIALS FOR USE IN THE DEPARTMENT OF HIGHWAYS AND FACILITIES (2022)
WHEREAS, Resolution 53 of 2022 authorized advertisement for bids for various highway construction materials for use in the Department of Highways and Facilities, for the period May 1, 2022 through April 30, 2023, and said bids were opened on March 10, 11 and 17, 2021, respectively; now, therefore be it
RESOLVED, That bids for various Construction Materials and Lubricants for use by the Fulton County Highway Department, as placed on file in the Purchasing Office and identified by specification number below, be and hereby are accepted and awarded, and that the County, towns and villages in Fulton County may purchase the materials needed (when appropriate) from the plant whose bid price, plus hauling cost, indicates that the supplies will be delivered to the job site at the lowest price:
D 3310.1 Acrylic Water Borne Pavement Markings
Seneca Pavement Marking, Horseheads, N.Y.
D 5110.1 Bridge Repair
R & B Construction, LLC, Amsterdam, NY
D 5110.2 Pneumatically Projected Concrete
R & B Construction, LLC, Amsterdam, NY
D 5110.3 Ready Mix Concrete
Fulmont Ready Mix, Amsterdam, NY
Millers Ready-Mix Concrete and Block, Mayfield, NY
D 5110.4 Plant Mixed Patching Material
Cushing Stone Co., Inc., Amsterdam, NY; Hanson Aggregates
New York LLC, Jamesville, NY; Pallette Stone Corp., Wilton, NY
D 5110.5 Corrugated Metal & Polyethylene Pipe
Advanced Drainage Systems, Inc., Ludlow, MA: Chemung Supply Corp., Elmira, NY; Town & County Bridge & Rail, Inc., Albany, NY;
Steel Sales Inc., Sherburne, NY
D 5110.6 Guide Railing
Chemung Supply Corp., Elmira, NY; Town & County Bridge & Rail, Inc., Albany, NY
D 5110.7 Vegetation Control
Allen Chase Enterprises, Oswego, NY
D 5112.1 Coarse Aggregates – Crushed Stone/Crushed Gravel
Peckham Road Corp, Hudson Falls, NY; Carver Sand & Gravel LLC, Altamont, NY; Carnesville Block Co., Inc. (Aggregate Div), Scotia, NY; Cushing Stone Co., Inc., Amsterdam, NY; Adirondack Natural Resources, LLC, Duanesburg, NY; Hanson Aggregates New York LLC, Jamesville, NY; Pallette Stone Corp.,Wilton, NY; Jointa Lime Co., Wilton, NY; Rifenburg General Contractors, Troy, NY
D 5112.2 Asphalt Concrete
Callanan Industries, Inc., Albany, NY; Cushing Stone Co, Inc., Amsterdam, NY; Empire Paving, Duanesburg, NY; Hanson Aggregates New York LLC, Jamesville, NY; Pallette Stone, Wilton, NY;
D 5112.3 Hot
D 5112.3 Hot Mix Paving CR 107 - $70.59 per ton, 9.5 F3 Top Course
D 5112.3 Hot Mix Paving CR 137 - $79.16 per ton, 9.5 F3 Top Course
Empire Paving, Duanesburg, NY
D 5112.3 Hot Mix Paving CR 112 - $78.39 T&L, $78.39 9.5 F3 Top Course
Empire Paving, Duanesburg, NY
D 5112.3 Hot Mix Paving CR 125 - $77.21 T&L, $77.21 9.5 F3 Top Course
Empire Paving, Duanesburg, NY
D 5112.4 Cold In-Place Recycling Type I
Gorman Bros, Inc., Albany, NY; Peckham Road Corp, Hudson Falls, NY
D 5112.5 Cold Planing
Evolution Const. Services, Mechanicville, NY; ; Peckham Road Corp, Hudson Falls, NY; ; Callanan Industries, INC. Albany NY
D 5112.6 In Place Road Base Stabilization
Gorman Bros, Inc., Albany, NY; Peckham Road Corp., Hudson Falls, NY
D 5112.7 Cold In-Place Recycling – Hammermill Method
No BIDS
D 5112.8 Hot In-Place Asphalt Recycling
Highway Rehabilitation Corp, Brewster, NY
D 5142.1 Abrasives Snow & Ice Control
Carver Sand & Gravel, LLC, Coeymans, NY; Adirondack Natural
Resources, Duanesburg, NY; Furman Aggregates, Gloversville, NY; Rifenburg, Troy, NY
DM 5130.1 Lubricants
RH Crown Co., Inc., Johnstown, NY
and be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Superintendent of Highways and Facilities, All Bidders, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by KINOWSKI and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 160-2022
RESOLUTION AUTHORIZING DISTRIBUTION OF A REQUEST FOR PROPOSALS FOR DESIGN WORK FOR ADMINISTRATIVE BUILDING ADDITION PROJECT AT THE SOLID WASTE DEPARTMENT (2022 CAPITAL PLAN)
Supervisor BRADT offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING DISTRIBUTION OF A REQUEST FOR PROPOSALS FOR DESIGN WORK FOR ADMINISTRATIVE BUILDING ADDITION PROJECT AT THE SOLID WASTE DEPARTMENT (2022 CAPITAL PLAN)
WHEREAS, the 2022 Capital Plan includes a “Building Addition Planning/Design” Project at the Solid Waste Department; now, therefore be it
RESOLVED, That upon the recommendation of the Committee on Public Works, the Purchasing Agent be and hereby is authorized and directed to distribute a Request for Proposals for engineering planning and design of an addition to the garage area of the main Department of Solid Waste building; and, be it further
RESOLVED, That such proposals must be addressed to Jon R. Stead, Purchasing Agent, Supervisors’ Chambers, Room 203, County Building, Johnstown, NY 12095, no later than 2:00 p.m., Wednesday, May 25, 2022 , at which time and place they will be publicly opened and read; and, be it further
RESOLVED, That the Board of Supervisors reserves the right to reject any or all proposals; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Solid Waste Director, Budget Director/County Auditor and Purchasing Agent.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 159-2022
RESOLUTION AWARDING BID FOR A LANDFILL COMPACTOR FOR USE IN THE SOLID WASTE DEPARTMENT (2022 CAPITAL PLAN)
Supervisor BRADT AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AWARDING BID FOR A LANDFILL COMPACTOR FOR USE IN THE SOLID WASTE DEPARTMENT (2022 CAPITAL PLAN)
WHEREAS, the 2022 Capital Plan includes one (1) Landfill Compactor for use in the Solid Waste Department; and
WHEREAS, Resolution 46 of 2022 authorized advertisement for bids for said Landfill Compactor and five (5) bids were received; and
WHEREAS, the Director of Solid Waste, Purchasing Agent and the Committees on Public Works, and Finance recommend that the Base Bid be awarded to Five Star Equipment, of Syracuse, NY, for one (1) 2022 BOMAG BC1173RB5 Landfill Compactor, at a cost not to exceed $1,142,168.36; now, therefore be it
RESOLVED, That the net Base Bid, in the amount of $1,142,168.36, as submitted by Five Star Equipment, of Syracuse, NY for one (1) 2022 BOMAG BC1173RB5 Landfill Compactor, be and hereby is awarded; they being the lowest responsible bidder in accordance with project specifications; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Director of Solid Waste, All Bidders, Budget Director/ County Auditor and Administrative Officer/Clerk of the Board.
Seconded by GODERIE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 158-2022
RESOLUTION AWARDING BID FOR COMPACTOR WHEELS FOR USE IN THE SOLID WASTE DEPARTMENT
Supervisor BRADT AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AWARDING BID FOR COMPACTOR WHEELS FOR USE IN THE SOLID WASTE DEPARTMENT
WHEREAS, the Director of Solid Waste recommends the purchase of Compactor Wheels for use in the Solid Waste Department; and
WHEREAS, Resolution 49 of 2022 authorized advertisement for bids for said Compactor Wheels and four (4) bids were received; and
WHEREAS, the Director of Solid Waste, Purchasing Agent and the Committees on Public Works and Finance recommend that the Base Bid be awarded to H.J. Industries, Avon, OH for one (1) set of Compactor Wheels, at a net cost not to exceed $48,050.00; now, therefore be it
RESOLVED, That the net Base Bid, in the amount of $48,050.00, as submitted by H.J. Industries of Avon, OH for one (1) set of Compactor Wheels, be and hereby is awarded; they being the lowest responsible bidder in accordance with project specifications; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Director of Solid Waste, All Bidders, Budget Director/ County Auditor and Administrative Officer/Clerk of the Board.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 157-2022
RESOLUTION AWARDING BID FOR DOZER TRACKS FOR USE IN THE SOLID WASTE DEPARTMENT
Supervisor BRADT AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AWARDING BID FOR DOZER TRACKS FOR USE IN THE SOLID WASTE DEPARTMENT
WHEREAS, the Director of Solid Waste recommends the purchase of Dozer Tracks for use in the Solid Waste Department; and
WHEREAS, Resolution 48 of 2022 authorized advertisement for bids for said Dozer Tracks and eight (8) bids were received; and
WHEREAS, the Director of Solid Waste, Purchasing Agent and the Committees on Public Works and Finance recommend that the Base Bid be awarded to United Construction, Clifton Park, NY for one (1) set of Dozer Tracks, at a net cost not to exceed $55,821.65; now, therefore be it
RESOLVED, That the net Base Bid, in the amount of $55,821.65, as submitted by United Construction of Clifton Park, NY for one (1) set of Dozer Tracks, be and hereby is awarded; they being the lowest responsible bidder in accordance with project specifications; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Director of Solid Waste, All Bidders, Budget Director/ County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BOWMAN and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 156-2022
RESOLUTION AWARDING BID FOR A BULLDOZER FOR USE IN THE SOLID WASTE DEPARTMENT (2022 CAPITAL PLAN)
Supervisor BRADT AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AWARDING BID FOR A BULLDOZER FOR USE IN THE SOLID WASTE DEPARTMENT (2022 CAPITAL PLAN)
WHEREAS, the 2022 Capital Plan includes one (1) Bulldozer for use in the Solid Waste Department; and
WHEREAS, Resolution 47 of 2022 authorized advertisement for bids for said Bulldozer and three (3) bids were received; and
WHEREAS, the Director of Solid Waste, Purchasing Agent and the Committees on Public Works and Finance recommend that the Base Bid be awarded to United Construction, Clifton Park, NY for one (1) Bulldozer, at a net cost not to exceed $390,500.00; now, therefore be it
RESOLVED, That the net Base Bid, with Trade-In of a used 2012 John Deere 850K Bulldozer in the amount of $390,500.00, as submitted by United Construction of Clifton Park, NY for one (1) 2022 John Deere 850L Bulldozer, be and hereby is awarded; they being the lowest responsible bidder in accordance with project specifications; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Director of Solid Waste, All Bidders, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by CALLERY and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 155-2022
RESOLUTION ESTABLISHING FULTON COUNTY SEWER DISTRICT NO. 4: HALES MILLS INCLUDING EXTENSION #1
Supervisor BRADT, ARGOTSINGER AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION ESTABLISHING FULTON COUNTY SEWER DISTRICT NO. 4: HALES MILLS INCLUDING EXTENSION #1
WHEREAS, the Fulton County Board of Supervisors has determined that it is in the interest of the residents of Fulton County to establish public sewer service the vicinity of Hales Mills in the Town of Johnstown; and
WHEREAS, the City of Gloversville and Gloversville-Johnstown Joint Wastewater Treatment Facility have sufficient capacity and ability to supply sewer service to the County in accordance with the SMART Waters Inter-municipal Agreement; and
WHEREAS, NYS County Law Article 5-A authorizes Fulton County to establish county sewer districts, which districts are further authorized to purchase sewage treatment capacity for resale within the district; and
WHEREAS, Resolution 505 of 2015, authorized a contract with Environmental Design Partnership for the preparation of an updated Map, Plan and Report for proposed Fulton County Sewer District No. 4: Hales Mills; and
WHEREAS, the Board of Supervisors, hereby accepts the Fulton County Sewer District No. 4 Map, Plan and Report, dated March 7, 2022, prepared by Environmental Design Partnership, which identified the proposed improvements, the boundaries and description of the proposed district, the proposed method of financing and the estimated costs of the improvements and all other matters required by law to be stated; and
WHEREAS, pursuant to public notice, dated March 1, 2022, the Fulton County Board of Supervisors held a public hearing on March 14, 2022, on the proposed establishment of Fulton County Sewer District No. 4; and
WHEREAS, an Environmental Assessment Form was prepared by the Fulton County Board of Supervisors, a coordinated review has been completed and by Resolution 404 of 2021, authorized the issuance of a Negative Declaration pursuant to the State Environmental Quality Review Act ("SEQRA"); now therefore be it
RESOLVED, That:
(a) the proposed sewer facilities are satisfactory and sufficient;
(b) all of the property and property owners within County Sewer District No. 4: Hales Mills are benefited thereby;
(c) all of the property and property owners benefited are included within the limits of
proposed County Sewer District No. 4: Hales Mills;
(d) it is in the public interest to establish County Sewer District No. 4: Hales Mills; and
(e) the establishments of zones of assessment is not recommended;
and, be it further
RESOLVED, That the establishment of Fulton County Sewer District No. 4: Hales Mills as described and defined in the updated Fulton County Sewer District No. 4 Map, Plan and Report, dated March 7, 2022 prepared by Environmental Design Partnership, be and hereby is approved, subject to permissive referendum; and, be it further
RESOLVED, That final creation of the District shall be by order of this Board, acting as the Fulton County Water and Sewer Agency, following any waiting period prescribed by Law; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Clerk, Planning Director, City of Gloversville, City of Johnstown, Town of Johnstown, Gloversville Water Board, Gloversville-Johnstown Joint Waste Water Treatment Facility, Environmental Design Partnership, Budget Director/County Auditor, Administrative Officer/Clerk of the Board and to each and every other person, institution or agency who will further the purport of this Resolution.
Seconded by WILSON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 154-2022
RESOLUTION ACCEPTING HANGAR BUILDING FROM N NUMBER HOLDINGS, LLC AT THE FULTON COUNTY AIRPORT
Supervisor BRADT AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION ACCEPTING HANGAR BUILDING FROM N NUMBER HOLDINGS, LLC AT THE FULTON COUNTY AIRPORT
WHEREAS, Resolution 120 of 2021 authorized a 35-year Land Lease Agreement with N Number Holdings, LLC to construct a new hangar to serve as an air medical transport base to support Air Methods/LifeNet of NY at the Fulton County Airport; and
WHEREAS, the Agreement included a “lease-back” provision wherein the County would assume ownership of the Hangar following its construction, subject to its satisfaction; and
WHEREAS, construction of the new hangar commenced in June 2021 and the final inspection and the issuance of a Certificate of Occupancy by the Town of Johnstown Code Enforcement Officer was issued January 7, 2022; and
WHEREAS, the Planning Director has inspected said Hangar Building and recommends final acceptance by the Board of Supervisors, in accordance with the governing Land Lease Agreement; and, be it further
RESOLVED, the Board of Supervisors hereby accepts ownership of the Hangar Building from N Number Holdings, LLC at the Fulton County Airport; and, be it further
RESOVLED, That the Planning Director, Superintendent of Highways and Facilities and the County Attorney do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Attorney, Planning Director, Superintendent of Highways and Facilities, N Number Holdings, LLC., Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by KINOWSKI and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 153-2022
RESOLUTION ACCEPTING DONATION OF FORMER FJ & G RAILROAD RIGHT-OF-WAY AND ASSOCIATED LAND FROM FRED OLBRYCH FOR THE FJ & G RAIL TRAIL
Supervisor BRADT offered the following Resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION OF FORMER FJ & G RAILROAD RIGHT-OF-WAY AND ASSOCIATED LAND FROM FRED OLBRYCH FOR THE FJ & G RAIL TRAIL
WHEREAS, in order to support advancement of the FJ & G Rail Trail within the Town of Mayfield, Fred Olbrych offered to donate two (2) sections of the original rail bed (Parcels 119.-3-21 and 119.-10-22) constituting approximately 1.3+/- miles while retaining a 20-foot wide right-of-way along Parcel 119.-3-21 for access to an adjacent parcel he owns; and
WHEREAS, Resolution 192 of 2021 authorized a contract with Ferguson & Foss Professional Land Surveyors to update a property survey and deed descriptions for said Olbrych parcels; and
WHEREAS, said property survey and deed descriptions were completed on November 28, 2021; now, therefore be it
RESOLVED, the Board of Supervisors hereby accepts the donation of former FJ & G Railroad Right-of-Way and associated land from Fred Olbrych (Parcels 119.-3-21 and 119.-10-22) to extend the FJ & G Rail Trail; and, be it further
RESOLVED, That the Planning Director and County Attorney do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That the Board of Supervisors hereby also extends its gratitude on behalf of the citizens of Fulton County for the gracious donation to improve access to recreation by the Olbrych family; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Planning Director, County Attorney, Fred Olbrych, Administrative Officer/Clerk of the Board and to each and every other person, institution or agency who will further the purport of this Resolution.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 152-2022
RESOLUTION AUTHORIZING ACCEPTANCE OF 2021 NYS HOMELAND SECURITY EMERGENCY SERVICE AND EMERGENCY PERFORMANCE GRANT FUNDS FOR PURCHASE OF “I AM RESPONDING” APPLICATION SERVICE CONTRACT (EMERGENCY MANAGEMENT OFFICE)
Supervisor GREENE AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING ACCEPTANCE OF 2021 NYS HOMELAND SECURITY EMERGENCY SERVICE AND EMERGENCY PERFORMANCE GRANT FUNDS FOR PURCHASE OF “I AM RESPONDING” APPLICATION SERVICE CONTRACT (EMERGENCY MANAGEMENT OFFICE)
WHEREAS, Fulton County has been awarded $25,273.00 in grant funds under the 2021 Emergency Management Performance Grant (EMPG); and
WHEREAS, the Civil Defense/Fire Coordinator is requesting to purchase the following items with said funds as follows:
-
“I am Responding” 3 Year Subscription $25,273.00 ($8,424.33 per year)
now, therefore be it
RESOLVED, That the Civil Defense/Fire Coordinator is hereby authorized to purchase the “I am Responding” Annual Subscription with EMPG Grant proceeds; and, be it further
RESOLVED, That the Chairman of the Board is hereby authorized to execute appropriate documentation to accept said grant funds; and, be it further
RESOLVED, That the 2022 Adopted Budget be and hereby is amended, as follows:
Revenue Account:
Increase A.3640.3645-3306-REV-State Aid-Homeland Security $25,273.00
Appropriation Account:
Increase A.3640.3645-4130- EXP- Contractual $25,273.00
and, be it further
RESOLVED, That the Civil Defense Director/Fire Coordinator and County Treasurer do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Civil Defense Director, Budget Director/County Auditor, Administrative Officer/Clerk of the Board and to each and every other person, institution or agency who will further the purport of this Resolution.
Seconded by WILSON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 151-2022
RESOLUTION ADVANCING A CERTAIN DEPUTY SHERIFF’S PAY RATE FROM THE ONE YEAR RATE TO THE SECOND YEAR RATE TO CORRECT AN ADMINISTRATIVE ERROR (SHERIFF’S DEPARTMENT)
Supervisor GREENE, CALLERY AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION ADVANCING A CERTAIN DEPUTY SHERIFF’S PAY RATE FROM THE ONE YEAR RATE TO THE SECOND YEAR RATE TO CORRECT AN ADMINISTRATIVE ERROR (SHERIFF’S DEPARTMENT)
WHEREAS, once new Deputy Sheriffs have demonstrated proficiency in accordance with police academy graduation and satisfactory field training, the Sheriff has typically advanced him/her to the one-year rate of salary; and
WHEREAS, Deputy Sheriff A. Sherwood was not advanced in said manner, due to an oversight by the Sheriff; and
WHEREAS, to correct said oversight, the Sheriff and Committees on Personnel and Finance recommend increasing the rate for said Deputy Sheriff from the one-year rate to the second-year rate, retroactive to January 1, 2022; now, therefore be it
RESOLVED, That Deputy Sheriff A. Sherwood’s salary be increased from his current yearly rate of $51,015.00 to a new yearly rate of $53,787.00, effective retroactive to January 1, 2022; and, be it further
RESOLVED, That the Sheriff and Personnel Director do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Sheriff, Personnel Director, Certain Deputy, Police Benevolent Association, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BOWMAN and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 150-2022
RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT BETWEEN THE SHERIFF’S DEPARTMENT, THE JOHNSTOWN POLICE DEPARTMENT AND THE GLOVERSVILLE POLICE DEPARTMENT TO PARTICIPATE IN A JOINT DRUG INVESTIGATION TEAM
Supervisor GREENE AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT BETWEEN THE SHERIFF’S DEPARTMENT, THE JOHNSTOWN POLICE DEPARTMENT AND THE GLOVERSVILLE POLICE DEPARTMENT TO PARTICIPATE IN A JOINT DRUG INVESTIGATION TEAM
WHEREAS, the Sheriff requests execution of an Intermunicipal Agreement between the Sheriff’s Department, Johnstown Police Department and Gloversville Police Department which, among other things, will formalize the relationship between the local governments and their police departments and enhance and define the scope of the inter-agency cooperation; to participate in a joint drug investigation team, including sharing of personnel and equipment without reimbursements or incurring liability for the conduct of the other agency; now, therefore be it
RESOLVED, That the Board of Supervisors hereby is authorized to sign an Intermunicipal Agreement between the Sheriff’s Department and the Johnstown Police Department and Gloversville Police Department to participate in a joint drug investigation team, effective June 1, 2022 through December 31, 2023; said agreement subject to the approval of the County Attorney; and, be it further
RESOLVED, That the Sheriff do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Sheriff, Johnstown Police Department, Gloversville Police Department, Administrative Officer/Clerk of the Board, and to each and every other person, institution or agency who will further the purport of this Resolution.
Seconded by KINOWSKI and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 149-2022
RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT BETWEEN THE SHERIFF’S DEPARTMENT AND THE SARATOGA COUNTY SHERIFF’S OFFICE FOR MUTUAL AID
Supervisor GREENE AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT BETWEEN THE SHERIFF’S DEPARTMENT AND THE SARATOGA COUNTY SHERIFF’S OFFICE FOR MUTUAL AID
WHEREAS, the Sheriff requests execution of an Intermunicipal Agreement between the Sheriff’s Department and the Saratoga County Sheriff’s Office which, among other things, will formalize the relationship between the local governments and their police departments and enhance and define the scope of the inter-agency cooperation; sharing personnel and equipment without reimbursements or incurring liability for the conduct of the other agency; now, therefore be it
RESOLVED, That the Chairman of the Board hereby is authorized to sign an Intermunicipal Agreement between the Sheriff’s Office and the Saratoga County Sheriff’s Office for mutual aid effective June 1, 2022 through December 31, 2023; said agreement subject to the approval of the County Attorney; and, be it further
RESOLVED, That the Sheriff do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Sheriff, Saratoga County Sheriff’s Office, Administrative Officer/Clerk of the Board, and to each and every other person, institution or agency who will further the purport of this Resolution.
Seconded by GODERIE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 148-2022
RESOLUTION ENDORSING CREATION OF A CENTRALIZED ARRAIGNMENT PLAN (CAP) FOR TOWN COURT ARRAIGNMENTS IN FULTON COUNTY
Supervisor GREENE AND HOWARD offered the following Resolution and moved its adoption:
RESOLUTION ENDORSING CREATION OF A CENTRALIZED ARRAIGNMENT PLAN (CAP) FOR TOWN COURT ARRAIGNMENTS IN FULTON COUNTY
WHEREAS, local Town Justices have approached the Board of Supervisors and requested the creation of a NYS Unifies Court System Centralized Arraignment Part at the Fulton County Correctional Facility to efficiently conduct town court arraignments, particularly related to off-hours arrests; and
WHEREAS, the Public Defender has described a Centralized Arraignment Plan (CAP) for Town Court Arraignments in Fulton County under the organization and expense of the NYS Unified Court System; and
WHEREAS, said CAP proposes a Central Arraignment Office within the lobby of the Fulton County Correctional Facility to serve as a court room for arraignments by local Town Justices on a rotating basis; and
WHEREAS, said proposed CAP has been endorsed by a majority of Town Boards within the County; and
WHEREAS, State funding is available to set up initial costs and cover travel reimbursement for presiding Town Justices; and, be it further
RESOLVED, That the Board of Supervisors hereby endorses the concept of a Centralized Arraignment Plan (CAP) for Town Court Arraignments at the Fulton County Correctional Facility in Fulton County, the cost of said Central Arraignment Part to be borne by the NYS Unified Court System, at no cost to the County of Fulton; and, be it further
RESOLVED, That the Public Defender, Sheriff and local Town Justices be enjoined to do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Public Defender, All Town Boards, All Town Justices, Sheriff, Budget Director/County Auditor and Administrative Officer/Blerk of the Board.
Seconded by WILSON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 147-2022
RESOLUTION WAIVING THE RESIDENCY RULE FOR HIRE OF CERTAIN POSITIONS WITHIN FULTON COUNTY
Supervisor CALLERY offered the following Resolution and moved its adoption:
RESOLUTION WAIVING THE RESIDENCY RULE FOR HIRE OF CERTAIN POSITIONS WITHIN FULTON COUNTY
WHEREAS, certain Department Heads and the Personnel Director are experiencing difficulty in filling certain positions with Fulton County; and
WHEREAS, after careful review of a recommendation from the Personnel Director, the Committee on Personnel recommends waiving the County’s “Residency Rule” to hire an out-of-county resident from contiguous counties for Heavy Equipment Operator and Skilled Laborer; now, therefore be it
RESOLVED, That the County “Residency Rule” be and hereby is waived for hire of the following positions, effective immediately through December 31, 2022:
Contiguous Counties:
Heavy Equipment Operator
Skilled Laborer
and, be it further
RESOLVED, That the Personnel Director do each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, All Department Heads, Personnel Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by GROFF and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 146-2022
RESOLUTION AUTHORIZING THE PURCHASE OF MEALS FOR FIRST RESPONDER TDAP POD USING EMERGENCY PREPAREDNESS GRANT FUNDS (PUBLIC HEALTH DEPARTMENT)
Supervisor GODERIE offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE OF MEALS FOR FIRST RESPONDER TDAP POD USING EMERGENCY PREPAREDNESS GRANT FUNDS (PUBLIC HEALTH DEPARTMENT)
WHEREAS, Section 15.03 of the Fulton County Purchasing and Audit Guidelines requires prior approval by the Board of Supervisors for the cost of meals such as a business luncheon with other government officials or community leaders; and
WHEREAS, Resolution 207 of 2021 authorized acceptance of 2021-2022 Emergency Preparedness Grant funds for use in the Public Health Department; and
WHEREAS, the Public Health Director requested tentative permission to serve lunch to Volunteers and Nursing staff at the First Responder Tdap POD on April 20, 2022; and
WHEREAS, the Public Health Director is requesting approval for the expenditure of funds for said luncheon at a total cost not to exceed $225.00, using Emergency Preparedness Grant funds; now, therefore be it
RESOLVED, That the County Treasurer be and hereby is directed to make the following transfer:
From: A.4010.4189-4530-EXP-Supplies
To: A.4010.4010-4210-EXP-Training and Conferences
Sum: $225.00
and, be it further
RESOLVED, That the Public Health Director is hereby authorized to include light meals, light refreshments, as part of planning for the aforementioned sessions on April 20, 2022, subject to said costs being in accordance with State and/or Federal agency guidelines; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Public Health Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 145-2022
RESOLUTION AUTHORIZING CONTRACTS WITH CERTAIN SCHOOL DISTRICTS TO PROVIDE ITINERANT RELATED SERVICES AND EVALUATOR SERVICES (PUBLIC HEALTH DEPARTMENT)
Supervisor GODERIE offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING CONTRACTS WITH CERTAIN SCHOOL DISTRICTS TO PROVIDE ITINERANT RELATED SERVICES AND EVALUATOR SERVICES (PUBLIC HEALTH DEPARTMENT)
WHEREAS, Resolution 430 of 2021 authorized contracts between the County of Fulton ad independent contractors for Pre-school Ed (3-5) Itinerant Related Services in 2022; and
WHEREAS, the Public Health Director recommends adding additional providers for said services as follows:
Agency Service/Function 2022 Rate Term
Mayfield Central Itinerant Related State Set Rate 4/11/2022-12/31/2022
School District Services
Broadalbin-Perth Evaluation Related State Set Rate 4/11/2022-12/31/2022
Central School Services
District
and, be it further
RESOLVED, That the Chairman of the Board of Supervisors be and hereby is empowered to sign contract with Mayfield Central School District to provide itinerant related services and Broadalbin-Perth Central School District to provide evaluation related services to the Preschool Ed (3-5) Program; and, be it further
RESOLVED, That said contracts shall be subject to the approval of the County Attorney and periodic review by the Committee on Human Services of those contracted services; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Public Health Director, Mayfield Central School District, Broadalbin-Perth Central School District, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BLACKMON and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 144-2022
RESOLUTION REVISING THE SLIDING FEE SCALE FOR LEAD TESTING CLINICS AND IMMUNIZATION CLINICS IN THE PUBLIC HEALTH DEPARTMENT
Supervisor GODERIE offered the following Resolution and moved its adoption:
RESOLUTION REVISING THE SLIDING FEE SCALE FOR LEAD TESTING CLINICS AND IMMUNIZATION CLINICS IN THE PUBLIC HEALTH DEPARTMENT
WHEREAS, the Federal government has increased the established “Poverty Levels” by regulation; and
WHEREAS, said mandated changes require corresponding alterations to the Sliding Fee Scales for Lead Testing and Immunization Clinics; now, therefore be it
RESOLVED, That effective January 21, 2020, the sliding fee scale for Lead Testing Clinics be revised in accordance with the newly revised poverty levels and schedules on file in the Public Health Department and Board of Supervisors' Office; and, be it further
RESOLVED, That all other sliding fee scale for lead testing clinics heretofore established be rendered null and void; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Public Health Director, Budget Director/County Auditor, Administrative Officer/Clerk of the Board, and to each and every other person, institution or agency which may further the purport of this Resolution.
Seconded by BOWMAN and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 143-2022
RESOLUTION RECLASSIFYING A PUBLIC HEALTH NURSE POSITION TO COMMUNITY HEALTH NURSE IN THE PUBLIC HEALTH DEPARTMENT
Supervisor GODERIE, CALLERY and HOWARD offered the following Resolution and moved its adoption:
RESOLUTION RECLASSIFYING A PUBLIC HEALTH NURSE POSITION TO COMMUNITY HEALTH NURSE IN THE PUBLIC HEALTH DEPARTMENT
WHEREAS, due to lack of interest in the Public Health Nurse position and to promote efficient operation of the Department, the Public Health Director recommends reclassification of a Public Health Nurse position to a Community Health Nurse position; and
WHEREAS, based upon the Job Duties Statement prepared by the Public Health Director, the Personnel Director recommends reclassification to Community Health Nurse; now, therefore be it
RESOLVED, That upon the recommendation of the Public Health Director, and Committees on Human Services, Personnel and Finance, effective April 11, 2022, one (1) Public Health Nurse position (Union Job Group RN- 9, $62,354: Less than 1 year experience, $67,786: More than 1 year experience) be and hereby is reclassified to Community Health Nurse (Union Job Group RN – 1, $53,100: Less than 1 year experience, $62,354: More than 1 year experience) in the Public Health Department; and, be it further
RESOLVED, That the Public Health Director and Personnel Director does each and every other thing necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Sheriff, Personnel Director, Payroll Division, Fulton County Nurses Unit, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by GREENE and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 142-2022
RESOLUTION AUTHORIZING ACCEPTANCE OF 2022-2023 IMMUNIZATION GRANT FUNDS FROM THE NYS DEPARTMENT OF HEALTH (PUBLIC HEALTH DEPARTMENT)
Supervisor GODERIE offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING ACCEPTANCE OF 2022-2023 IMMUNIZATION GRANT FUNDS FROM THE NYS DEPARTMENT OF HEALTH (PUBLIC HEALTH DEPARTMENT)
WHEREAS, the NYS Department of Health has offered grant funds for immunization services in the Public Health Department; now, therefore be it
RESOLVED, That the Chairman of the Board be and hereby is authorized to sign an agreement between the Public Health Department and the NYS Department of Health for Immunization Action Plan grant funds, in an amount not to exceed $31,050.00, for the period April 1, 2022 through March 31, 2023; said agreement subject to the approval of the County Attorney; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Public Health Director, NYS Department of Health, Budget Director/County Auditor and Administrative Officer/ Clerk of the Board.
Seconded by BRADT and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 141-2022
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CHILDREN WITH HANDICAPPING CONDITIONS 2022-2023 TRANSPORTATION
Supervisor GODERIE offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR CHILDREN WITH HANDICAPPING CONDITIONS 2022-2023 TRANSPORTATION
RESOLVED, That the Purchasing Agent be and hereby is authorized and directed to advertise for sealed bids from contractors for the Children with Handicapping Conditions Transportation Program (and according to further specifications which may be obtained at the office of the Purchasing Agent, Supervisors’ Chambers, Room 203, County Building, Johnstown, NY, 12095, during usual business hours); and, be it further
RESOLVED, That such sealed bids must be addressed to Jon R. Stead, Purchasing Agent, Supervisors’ Chambers, Room 203, County Building, Johnstown, NY, 12095, and received by said Purchasing Agent no later than 2:00 p.m., Wednesday, May 18, 2022, at which time and place they will be publicly opened and read; and, be it further
RESOLVED, That the Board of Supervisors reserves the right to reject any or all bids; and, be it further
RESOLVED, That certified copies of this Resolution be forward to the County Treasurer, Public Health Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by BOWMAN and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 140-2022
RESOLUTION AMENDING THE 2022 CONTRACT WITH FULTON COUNTY CENTER FOR REGIONAL GROWTH FOR BUSINESS DEVELOPMENT MARKETING REGARDING REAL ESTATE PROJECTS
Supervisor ARGOTSINGER and HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AMENDING THE 2022 CONTRACT WITH FULTON COUNTY CENTER FOR REGIONAL GROWTH FOR BUSINESS DEVELOPMENT MARKETING REGARDING REAL ESTATE PROJECTS
WHEREAS, Resolution 475 of 2021 authorized an annual contract with the Fulton County Center for Regional Growth (FCCRG) for Business Development Marketing; and
WHEREAS, in 2012, the Board of Supervisors and the FCCRG agreed that the FCCRG would perform primarily as a marketing agency and community development agency to promote economic growth within Fulton County; and
WHEREAS, through the evolution of the FCCRG since 2012, the organization has expanded its roles in business development marketing, managing community loan pools, attending trade shows to promote the region, managing grant programs, securing financing for local businesses and conducting business training; and
WHEREAS, the Board of Supervisors and FCCRG have now agreed that expanding the FCCRG role to include real estate ownership and/or management projects is in the best interest of the community and its economic development priorities; and
WHEREAS, the CRG has requested a procedure whereby it can undertake real estate development projects within the County to promote economic growth and raise revenue to support its own operations; now, therefore be it
RESOLVED, That effective with the pending 2022 Agreement between the County of Fulton and Fulton County Center for Regional Growth for Business Development Marketing, the following amendments shall be included under Article VII: Other Requirements:
ADD: Under ARTICLE VII: OTHER REQUIREMENTS
5. The intent of this agreement is to ensure that the COUNTY maintains an effective business development marketing contract as a component of its overall economic development promotion program. The CRG hereby recognizes that its primary mission is to facilitate business development marketing.
6. The CRG is the primary economic development agency in Fulton County and as such, CRG’s activities include, but are not limited to, business development marketing, managing loan pools, attending trade shows, managing grant programs, securing financing for local businesses and conducting business training programs to benefit the County’s economic development priorities.
7. To maintain financial stability and lessen the burden upon local government, there may be a need for CRG to engage in projects involving real estate ownership. When such projects are contemplated, CRG shall obtain written approval from the Board of Supervisors prior to obtaining any ownership interest in real estate for said project.
RESOLVED, That the Chairman of the Board be, and hereby is, authorized to sign the 2022 Agreement between the County of Fulton and Fulton County Center for Regional Growth for Business Development Marketing as amended hereby; subject to approval of the County Attorney; and, be it further
RESOLVED, That certified copies of this Resolution be forward to the County Treasurer, FCCRG, Fulton County IDA, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by KINOWSKI and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 139-2022
RESOLUTION URGING NEW YORK STATE NOT TO CHANGE THE WORK WEEK FOR FARM WORKERS
Supervisor ARGOTSINGER offered the following Resolution and moved its adoption:
RESOLUTION URGING NEW YORK STATE NOT TO CHANGE THE WORK WEEK FOR FARM WORKERS
WHEREAS, on January 28, 2022, the New York Farm Laborers Wage Board voted to recommend reducing the overtime threshold for farm workers from 60 to 40 hours per week over a ten-year period by 2032; and
WHEREAS, farmers face tremendous problems outside of their control including climate change, land management policies, foreign market competition, livestock and crop diseases, natural disasters and cost increase of feed, fuel, equipment and labor cost; and
WHEREAS, farmers cannot pass on these increased costs as they operate in a commodities market where prices are set according to global demand; and
WHEREAS, many farmers in agriculture rely on migratory workers during the short growing season in Western New York, as they have a limited window to get the work done; and
WHEREAS, the 2019 Farm Laborers Fair Practice Act set the current sixty (60) hour work week for farm workers, but does not prohibit the wage board from arbitrarily decreasing the threshold for overtime, thereby increasing costs on local farms resulting in a negative impact to the farming community and a decrease in opportunities for migratory workers; now, therefore be it
RESOLVED, That the Board of Supervisors does hereby support farmers and migrant workers who do not want their hours reduced, and urges the State Legislature to adopt policies that promote New York State farm products, ensure access to markets, educate the public and connect them to their food; and, be it further
RESOLVED, That the Board of Supervisors hereby urges State Legislators and the Governor to maintain farmworkers’ right to overtime after sixty (60) hours of work each week in accordance with the 2019 Farm Laborers Fair Practice Act; and, be it further,
RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Governor Hochul, Congresswoman Stefanik, Senate Majority Leader Stewart-Cousins, Assembly Speaker Heastie, Senator Tedisco, Assemblyman Smullen, Fulton County Farm Bureau, New York Farm Bureau, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by WILSON and adopted by the following vote:
TOTAL: Ayes: 446 (15) Nays: 25 (1) (Supervisor Young) Absent: 80 (4) (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 138-2022
RESOLUTION AUTHORIZING SUBMISSION OF A LETTER OF INTEREST TO THE NORTHERN BORDERS REGIONAL COMMISSION FOR GRANT ASSISTANCE FOR ADDITIONAL WORK ON FULTON COUNTY SEWER DISTRICT NO. 2: VAIL MILLS
Supervisor ARGOTSINGER and HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING SUBMISSION OF A LETTER OF INTEREST TO THE NORTHERN BORDERS REGIONAL COMMISSION FOR GRANT ASSISTANCE FOR ADDITIONAL WORK ON FULTON COUNTY SEWER DISTRICT NO. 2: VAIL MILLS
WHEREAS, the Northern Borders Regional Commission (NBRC) received $5.8 million per state in the Federal Budget to award grants to State, County and local governments; and,
WHEREAS, based upon the NBRC’s published criteria for grant assistance, the Planning Director recommends that a Letter of Interest be submitted to the NBRC to expand the sewer collection system within Fulton County Sewer District No. 2: Vail Mills to service more users; now, therefore be it
RESOLVED, That the Chairman of the Board of Supervisors be, and hereby is, authorized to submit a Letter of Interest to the Northern Borders Regional Commission as a pre-application to seek grant funding to expand the sewer collection system within Fulton County Sewer District No. 2: Vail Mills; and, be it further
RESOLVED, That certified copies of this Resolution be forward to the County Treasurer, Northern Borders Regional Commission, Planning Director, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 137-2022
RESOLUTION AUTHORIZING EXTENSION OF A 2021 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE NYS OFFICE OF COMMUNITY RENEWAL TO OPERATE THE FULTON COUNTY SMALL BUSINESS ASSISTANCE PROGRAM (U.S. CARES ACT)
Supervisor ARGOTSINGER and HOWARD offered the following Resolution and moved its adoption:
RESOLUTION AUTHORIZING EXTENSION OF A 2021 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE NYS OFFICE OF COMMUNITY RENEWAL TO OPERATE THE FULTON COUNTY SMALL BUSINESS ASSISTANCE PROGRAM (U.S. CARES ACT)
WHEREAS, Resolution 167 of 2021 authorized a Community Development Block Grant Application to the NYS Office of Community Renewal (NYSOCR) in an amount up to $500,000.00 to operate a Fulton County Small Business Assistance Grant Program and Setting Date of a Public Hearing regarding said application (U.S. CARES Act); and
WHEREAS, by letter dated September 9, 2021 from the NYS Office of Community Renewal, the County was advised that said grant application was approved; and
WHEREAS, Resolution 301 of 2021 authorized a 2021 Community Development Block Grant Agreement with the NYS Office of Community Renewal to Operate the Fulton County Small Business Assistance Program; and
WHEREAS, Resolution 302 of 2021 authorized a contract with the Fulton County Center for Regional Growth to administer the 2021 Fulton County Small Business Assistance Program; and
WHEREAS, the Fulton County Center for Regional Growth requested consideration for additional funding for the Fulton County CDBG-CV program from the NYS Office of Community Renewal inasmuch as the following two (2) thresholds had been met:
-
That 100% of current grant funds have been obligated to specific businesses by having approved and submitted 1-6B forms.
-
At least 30% of current grant funds have been expended.
now, therefore be it
RESOLVED, That upon the recommendation of the Committees on Economic Development and Environment, and Finance, the Chairman of the Board be and hereby is authorized to execute a grant agreement in the amount of $500,000.00 between the Fulton County and the NYS Office of Community Renewal to accept the Community Development Block Grant, as an extension of the existing 2021 Small Business Assistance Program, including appointing CRG to continue as a sub recipient and administrator as follows:
-
Administrative and Program Delivery Services
-
Grant compliance services to be provided by third party consultant
-
Out-of-Pocket expenses, services, materials, reproduction costs, long distance telephone calls
-
Travel Expenses
; said contracts subject to approval of the County Attorney; and, be it further
RESOLVED, That the Planning Director do each and everything necessary to further the purport of this Resolution; and, be it further
RESOLVED, That certified copies of this Resolution to be forwarded to the County Treasurer, Fulton County Center for Regional Growth, Fulton County Industrial Development Agency, Fulton Montgomery Regional Chamber of Commerce, Planning Department, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.
Seconded by YOUNG and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)
Resolution No. 136-2022
RESOLUTION IN MEMORY OF FORMER SUPERVISOR GEORGE CAPEK
Supervisor BRADT offered the following Resolution and moved its adoption:
RESOLUTION IN MEMORY OF FORMER SUPERVISOR GEORGE CAPEK
WHEREAS, former Supervisor Mr. George E. Capek, PhD, passed away on Sunday, April 3, 2022; and
WHEREAS, the people of Fulton County and the Town of Oppenheim were saddened by the loss of a good friend, mentor and benefactor in public service; and
WHEREAS, Mr. Capek served the people of Fulton County as a member of this Board of Supervisors from 2008-2014; and
WHEREAS, prior to his service as Supervisor, he served as an assessor for the Town of Oppenheim; and
WHEREAS, George graduated from the New York Military Academy and received a bachelor’s degree from CW Post College, Master’s degree from New York University and PhD from Columbia University; and
WHEREAS, George was a reserved legislator, who when participating in Board debate, did so with his professional style and wit; now, therefore be it
RESOLVED, That the Board of Supervisors hereby joins with all the people of Fulton County to posthumously express its gratitude to the Honorable George E. Capek. for his dedicated public service; and, be it further
RESOLVED, That the Board of Supervisors hereby conveys its expression of deepest sympathy to his entire family, including his wife Nancy, his children Frank, John, Tom, George, Jeanne and Joanne; and, be it further
RESOLVED, That certified copies of this Resolution be forwarded to the Capek family and to each and every other person, institution or agency who will further the purport of this Resolution.
Seconded by SILENT STANDING and adopted by the following vote:
TOTAL: Ayes: 16 Nays: 0 Absent: 4 (Supervisors Born, Breh, Horton and Lauria)