RESOLUTION NO. 138 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, New York State Empire State Development has recommended a grant award for Montgomery County of up to $46,649 from the Census 2020 Complete Count Outreach Grants; and 

WHEREAS, Montgomery County submitted an application through the 2020 Complete Count Outreach grant program; and

WHEREAS, the grant requested funding in order to assist in providing outreach for the 2020 Census will follow the Grant Disbursement Agreement (GDA), which will describe key funding requirements, award disbursement terms, and other relevant ESD terms and conditions; and 

WHEREAS, this award is contingent upon 75 percent of the proceeds being allocated to approved Not-For-Profits of libraries, but that all of the grand funding is being supplied by the state and there is no cost to local taxpayers; and 

RESOLVED, that the Montgomery County Department of Economic Development & Planning is hereby authorized to accept and administer said grant on behalf of Montgomery County.

MOTION TO AMEND by Legislator Purtell, seconded by Legislator Kelly, to add the following:

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

passed with Aye(9).(8/25/2020)

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 139 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, after research and consulting with experts it is apparent that there is a demand for disc golf courses in the Mohawk Valley; and

WHEREAS, an opportunity has arisen to create a disc golf course at the Thomas H. Burbine Memorial Forest; and

WHEREAS, the Montgomery County Legislature wishes to promote tourism and recreation in Montgomery County; and

WHEREAS, it is anticipated that creating a disc golf course at the Thomas H. Burbine Memorial Forest will not only be a resource for Montgomery County residents but also promote tourism to the area.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes the creation of a disc golf course at the Thomas H. Burbine Memorial Forest; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to enter into contracts to effectuate this resolution.

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 140 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 12 of 2020 authorized the County Executive to enter into contracts with Berkshire Farms Center and Services for Youth, Fonda Fultonville CSD, Fort Plain CSD, Oppenheim-Ephratah-St. Johnsville CSD, (Homerun) and the Greater Amsterdam School District (Turnabout); and

WHEREAS, Fort Plain Central School District has elected to also implement the Turnabout program in addition to the Homerun program beginning September 1, 2020.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into a contract with Fort Plain Central School District and Berkshire Farms Center for implementation of the Turnabout Program  after review and approval by the County Attorney, for a term of September 1, 2020 to December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 141 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, it is necessary to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict; and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays. 

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law No. E of 2020 (Local Law 4) entitled "A Local Law Creating the Department of Assigned Counsel" hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: Purpose

The purpose of this local law is to create a Department of Assigned Counsel to handle cases when the Public Defender's Office has a conflict. The Department of Assigned Counsel  shall ensure the provision of professional, skilled, ethical,and client-centered legal representation for all clients.

Section 2: Assigned Counsel Administrator

The Department of Assigned Counsel shall be under the direction of the Assigned Counsel Administrator who shall be an attorney appointed by the County Executive subject to confirmation by the Montgomery County Legislature. The Assigned Counsel Administrator's term of office shall be concurrent with the term of the County Executive. At the time of appointment and throughout the term of office, the Assigned Counsel Administrator shall be and remain duly licensed and entitled to practice law in the State of New York. The Assigned Counsel Administrator shall be appointed on the basis of required legal experience and other qualifications appropriate to the responsibilities of the office.

Section 3: Assigned Counsel Administrator Duties

The Assigned Counsel Administrator shall 

Section 4: Insulation

The Assigned Counsel Administrator and all attorneys participating in the program shall at all times be free from direct and indirect partisan or other political pressure and influence in exercising their best professional judgment in providing services to qualified indigent persons. It shall at all times be the responsibility of the attorneys participating in the program to act in the best interests of the persons for whom they are rendering services. 

Section 5:  Severability

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 6: Conflict

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

Section 7: Effective Date

This law shall be effective upon recording with the Secretary of State.

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 142 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS,  the Montgomery County Legislature authorized the creation of the Department of Assigned Counsel to oversee administration of assigned counsel; and

WHEREAS, the NYS Indigent Legal Services Grant provided the funds to offset the creation of the Department of Assigned Counsel; and

WHEREAS, it is necessary to appropriate funds and create positions of employment for the Department of Assigned Counsel.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby establishes the position of Assigned Counsel Administrator (PT) with a total salary of $65,000 (Group U in the non-bargaining Policy); and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature hereby establishes the position of Secretary to the Assigned Counsel Administrator (PT)  with a total salary of $15,593.76 (Group U in the non-bargaining Policy); and

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

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Pepe, to replace the second "BE IT FURTHER RESOLVED" clause as follows:

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

passed with Aye(9).(8/25/2020)

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 143 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 100 of 2020 accepted the NYS Indigent Legal Services Grant: State Wide Hurrel-Harring (2nd Year); and

WHEREAS, part of the funds are earmarked to establish a Data Officer (PT) position within the Public Defender's Office with a total  salary of $37,000.00 (Group U in the non-bargaining Policy);  and

WHEREAS, it is necessary to also approrpriate additional funds from the grant.

RESOLVED, that the Montgomery County Legislature hereby establishes the position of Data Officer (PT) to be established within the Public Defender's Office with a total grant salary of $37,000.00 (Group U in the non-bargaining Policy); and

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2020 Budget as follows:

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Thayer, to replace the FURTHER RESOLVED clause with:

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2020 Budget as follows:

passed with Aye(9).(8/25/2020)

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 144 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, the New York State Archives is revising and consolidating its local government records retention and disposition schedule and issuing a  single, comprehensive retention schedule for all types of local governments on August 1^st, 2020; and

WHEREAS, the new schedule, Retention and Disposition for New York Local Government Records or LGS-1, will supersede and replace the Schedule CO-2 currently in use by counties; and

WHEREAS, local governments must adopt LGS-1 prior to utilizing it, even if they adopted and have been using the CO-2 schedule, before January 1^st 2021 when the CO-2 schedule is set to expire; and

WHEREAS, local government records may not be legally destroyed after the end of 2020 unless the LGS-1 is formally adopted.

RESOLVED, that the Montgomery County Legislature does hereby adopt for use by all County departments and agencies the Retention and Disposition for New York Local Government Records or LGS-1; and

FURTHER RESOLVED, that Resolution No. 167 of 1990 is hereby superseded and rescinded.

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 145 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, the last date of redemption for properties with outstanding 2018 taxes was February 21, 2020; and

WHEREAS, during the COVID 19 pandemic the court system closed and the County’s foreclosure paperwork was not able to be filed; and

WHEREAS, there is currently an executive order in place that limits foreclosure filings with the court system.

RESOLVED, the Montgomery County Legislature authorizes and directs the Montgomery County Treasurer to extend the last date of redemption to September 30, 2020; and

FURTHER RESOLVED, that delinquent taxpayers shall be allowed to pay their taxes to prevent properties from going to auction; and

FURTHER RESOLVED, the County Treasurer will send an additional notice to any taxpayer having outstanding 2018 taxes advising them of such extension.

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 146 of 2020 DATED: August 25, 2020 RECOMMENDATION:

WHEREAS, pursuant to the Audit Guidelines, Section 2.02 (2), requires after examination and review of the claims by the County Auditor, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment; and

WHEREAS, the County Auditor has audited claims for the period of July 29, 2020 through August 25, 2020; and the County Auditor recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the County Auditor, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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RESOLUTION NO. 147 of 2020 DATED: August 25, 2020 RECOMMENDATION:

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

WHEREAS, as part of this program Montgomery County administers a County Revolving Loan Fund; and

WHEREAS, businesses are faced with expenditures related to being in compliance with the various requirements of the New York State Forward Plan and are in immediate need of financing assistance; and

RESOLVED, the Montgomery County Covid-19 Pandemic Loan Fund Program is hereby established for Montgomery County businesses that need to acquire equipment in order to be in compliance with the New York State Re-Opening Guidelines; and

FURTHER RESOLVED, financing from the fund shall come from Montgomery County’s Revolving Loan fund and shall be in the form of  short term loans at 1% interest with a term not to exceed two years and shall not be more than $10,000 per business; and

FURTHER RESOLVED, loan repayments shall commence six months after loan closing ; and

FURTHER RESOLVED, the project for which financing is requested must be a commercial or industrial activity which employs people in the production, sale, distribution or handling of goods or services for sale to individuals, companies or organizations other than the applicant; and

FURTHER RESOLVED, permissible uses for this loan will fall under purview to the actionable items outlined in the NYS Forward Plan and borrowers will have to demonstrate that their purchase or upgrade is associated to the business safety plan for their specific industry as outlined per New York State re-opening regulations.

FURTHER RESOLVED, upon review of loan applications and a positive recommendation by the Department of Economic Development and Planning as well as the County Attorney, the County Executive is authorized to sign all loan documents associated with this program without further Legislative approval.

MOTION TO AMEND by Legislator Thayer, seconded by Legislator Purtell, to add to the end of the first FURTHER RESOLVED clause:

"and shall not exceed $240,000 in total loans"​

passed with Aye(9).(8/25/2020)

RESOLUTION VOTE, passed with Aye(9). (8/25/2020)

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