AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
Tuesday, September 22, 2020
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

 VI. Communications

VII. Approval of Minutes 

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business 

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
149

RESOLUTION AMENDING 2020 OPERATING BUDGET – EARLY INTERVENTION GRANT AWARD FUNDS (PUBLIC HEALTH)

Pepe/PurtellMove to Full Legislature
150

RESOLUTION AMENDING 2020 OPERATING BUDGET – IAP GRANT AWARD FUNDS (PUBLIC HEALTH)

Kelly/WilsonMove to Full Legislature
151

RESOLUTION AMENDING 2020 OPERATING BUDGET – 2020 PUBLIC HEALTH NYS HEALTH FOUNDATION RFP FOR LOCAL HEALTH DEPARTMENT COVID-19 EMERGENCY RESPONSE FUNDING AWARD (PUBLIC HEALTH)

Sweet/PepeMove to Full Legislature
152

RESOLUTION ACCEPTING THE FY2019 STATE EMERGENCY MANAGEMENT PERFORMANCE SUPPLEMENTAL COVID 19 GRANT(EMPG-S) FROM NYS HOMELAND SECURITY AND AMENDING THE 2020 OPERATING BUDGET (EMERGENCY MANAGEMENT) 

Thayer/PurtellMove to Full Legislature
153

RESOLUTION AMENDING THE 2020 OPERATING BUDGET (PUBLIC WORKS)

Pepe/ThayerMove to Full Legislature
154

RESOLUTION AWARDING RFP#06-20 AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH ENEA FAMILY FUNERAL HOMES (COUNTY CORONER)

Headwell, Jr./PepeMove to Full Legislature
155

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HUMANA (PERSONNEL)

Thayer/WilsonMove to Full Legislature
156

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH MVP FOR THE HEALTH INSURANCE (PERSONNEL)

Pepe/WilsonMove to Full Legislature
157

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH MATRIX/ARAYA (PERSONNEL)

Headwell, Jr./ThayerMove to Full Legislature
158

RESOLUTION ESTABLISHING POSITION OF PRINCIPAL ACCOUNT CLERK TYPIST AND ELIMINATING THE ACCOUNTANT POSITION (COUNTY CLERK)

Sweet/PurtellMove to Full Legislature
159

RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE)

Pepe/ThayerMove to Full Legislature
160

RESOLUTION AMENDING THE 2020 OPERATING BUDGET (CORONER)

Wilson/ThayerMove to Full Legislature
161

RESOLUTION AUTHORIZING MONTGOMERY COUNTY EXECUTIVE TO SIGN CONTRACT FOR SOLID WASTE DISPOSAL WITH SENECA MEADOWS, INC. (COUNTY TREASURER)

Headwell, Jr./WilsonMove to Full Legislature
162

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW F (LOCAL LAW 5) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN STEWART TITLE, KCS LAND RESEARCH CORPORATION, AND MONTGOMERY COUNTY (COUNTY CLERK) 

Purtell/SweetMove to Full Legislature
163

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORPORATION AND STEWART TITLE (COUNTY CLERK)

Purtell/SweetMove to Full Legislature
164

RESOLUTION ADOPTING INTRODUCTORY LAW G (LOCAL LAW 6) - A LOCAL LAW ESTABLISHING A DOCUMENT FEE FOR ONLINE SEARCHING

Sweet/IsabelMove to Full Legislature
165

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT AMENDMENT UNDER INFO QUICK SOLUTIONS, INC. FOR ONLINE SEARCHING SERVICES (COUNTY CLERK)

Thayer/WilsonMove to Full Legislature
166

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Purtell/WilsonMove to Full Legislature
167

RESOLUTION ESTABLISHING PUBLIC HEARINGS FOR THE 2021 TENTATIVE BUDGET (COUNTY LEGISLATURE)

Thayer/IsabelMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 149 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING 2020 OPERATING BUDGET – EARLY INTERVENTION GRANT AWARD FUNDS (PUBLIC HEALTH)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the Montgomery County Legislature passed Resolution 217 of 2014 accepting Early Intervention Administration Grant funds; and

WHEREAS, said grant funding, for the period October 1, 2019 through September 30, 2020 is currently appropriated in the 2020 Operating Budget; and 

WHEREAS, the final funding award for the 2019-2020 Early Intervention Administration Grant has increased.

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

INCREASE REVENUES:     
A-16-3-3401-01   Public Health Grant – EI Admin Grant  $4,091.00 
     
INCREASE APPROPRIATIONS:     
A-16-4-4010-01-.4408  Public Health Grant – Office Supplies  $2,091.00 
A-16-4-4010-01-.4471  Public Health Grant – Mileage  $2,000.00

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funds will be accepted as per grant contract via NYS DOH


II. Justification:

Carry over unexpended grant funds in order to use and be reimbursed for.


III. Legislative Impact:

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


IV. Financial Impact:

Revenues received from State offset expenditures.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 150 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING 2020 OPERATING BUDGET – IAP GRANT AWARD FUNDS (PUBLIC HEALTH)


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, the Montgomery County Legislature passed Resolution 16 of 2015 accepting Immunization Action Plan (IAP) Grant funds; and

WHEREAS, said grant funding, for the period April 1, 2020 through March 31, 2021 is currently appropriated in the 2020 Operating Budget; and

WHEREAS, the final funding award for the 2020-21 Immunization Action Plan (IAP) Grant has increased.

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

INCREASE REVENUES:     
A-16-3-3401-03   Public Health Grant – IAP Admin Grant   $13,566.00
     
INCREASE APPROPRIATIONS:     
A-16-4-4010-03-.4445  Public Health Grant – Medical Supplies   $2,805.00
A-16-4-4010-03-.4446 Public Health Grant – Food Supplies    $765.00
A-16-4-4010-03-.4491 Public Health Grant – Advertising  $9,396.00
A-16-4-4010-03-.4526 Public Health Grant – Education Programs  $600.00

  

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funds will be accepted as per grant contract via NYS DOH to increase funds for Flu Vaccine and promotion of vaccination.


II. Justification:

Grant funds will be spent and be reimbursed for.


III. Legislative Impact:

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

 


IV. Financial Impact:

Revenues received from State offset expenditures.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 151 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING 2020 OPERATING BUDGET – 2020 PUBLIC HEALTH NYS HEALTH FOUNDATION RFP FOR LOCAL HEALTH DEPARTMENT COVID-19 EMERGENCY RESPONSE FUNDING AWARD (PUBLIC HEALTH)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the Montgomery County Public Health Department applied to the NYS Health Foundation RFP for Local Health Department COVID-19 Emergency Response funding award funds; and

WHEREAS, the NYS Health Foundation RFP has awarded the Montgomery County Public Health Department funding in the amount of $6785 based on the application to be used for COVID-19 Test Kits for School aged children and PPE.

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

INCREASE REVENUES:     
A-16-3-3401-09  COVID-19 Grant $6,785.00
     
INCREASE APPROPRIATONS:     
A-16-4-4010-09.4490  COVID-19 Grant Misc.  $6,785.00

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funds will be accepted as per grant contract via NYSACHO.


II. Justification:

Grant funds in order to use and be reimbursed for PPE for school staff and students returning to schools


III. Legislative Impact:

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


IV. Financial Impact:

Revenues received from grant offset expenditures.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 152 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION ACCEPTING THE FY2019 STATE EMERGENCY MANAGEMENT PERFORMANCE SUPPLEMENTAL COVID 19 GRANT(EMPG-S) FROM NYS HOMELAND SECURITY AND AMENDING THE 2020 OPERATING BUDGET (EMERGENCY MANAGEMENT) 


Resolution by Legislator: Thayer
Seconded by: Purtell

WHEREAS, the Emergency Management Office applied for and received the FY2019 State Emergency Performance Grant (EMPG) to assist with the payment of maintenance agreements within the emergency management office for things that assist first responders and the community throughout Montgomery County; and

WHEREAS, the Emergency Management Office has been notified by the New York State Division of Homeland Security and Emergency Services that Montgomery County has been awarded $10,979.00, to assist in providing important services related to COVID-19 throughout Montgomery County; and 

WHEREAS, this grant requires a 50% local match.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney to sign the agreement for FY2019 State Emergency Performance Grant (EMPG).

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

INCREASE REVENUES:     
A-02-3-4305-00  Emerg Mgmt - EMPG $10,979.00
     
INCREASE:    
A599 Fund Balance` $4,179.00
     
TRANSFER FROM:     
 

Contigent Account

Contractual Services

$6,800.00
     
INCREASE AND TRANSFER TO APPROPRIATIONS:     
A-02-4-3040-00-.4447 Clothing and Uniforms $21,958.00

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

This grant is provided to Montgomery County in order to assist with emergency preparedness specifcally for COVID 19.  We will utilize it to purchase N95 mask and isolation gowns for our stock pile.


II. Justification:

RESOLUTION ACCEPTING THE FY2020 STATE EMERGENCY MANAGEMENT PERFORMANCE SUPPLEMENTAL COVID 19 GRANT(EMPG-S) FROM NYS HOMELAND SECURITY AND AMENDING THE 2020 OPERATING BUDGET (EMERGENCY MANAGEMENT)


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

The financial impact for this resolution is that it requires a 50/50 match which is currently not in the Emergency Management budget and would require $10,979.00 from the fund balance, the benefit is that we will be able to restock our supply of N95 mask and isolation gowns to pre-pandemic levels.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 153 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2020 OPERATING BUDGET (PUBLIC WORKS)


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, Montgomery County has a need to purchase water from the Town of Glen to maintain operations at the Montgomery County Public Safety facility; and

WHEREAS, by Resolution #40 of 2019, of the Town of Glen Town Board, Commercial Water Rates were to increase by 400%, effective July 2019; and

WHEREAS, by current water usage reports and billing cycles, the Department of Public Works is estimating to be $50,000.00 under funded in Budget Line A 12 4 1620.00 4431; and

WHEREAS, the 2020 County Executive Budget had requested $150,000.00 and was passed at $125,000.00.

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

INCREASE:     
A599  Appropriated Fund Balance  $50,000
     
INCREASE APPROPRIATIONS:     
A-12-4-1620-00-.4413 Water and Sewer $50,000

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Amending the 2020 Operating Budget


II. Justification:

Appropriations are needed to pay for water rate increases at the Montgomery County Public Safety Facility

Rates were increased by the Town of Glen during Montgomery County 2020 Budget Negotiations


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter, the County Legislators have the authority to make appropriations


IV. Financial Impact:

     The County will be impacted by at least and additional $50,000.00 from what was budgeted for in 2020

     The County will realize the impact in the County Fund Balance as the Department of Public Works does not have the money to cover these increases

     An increase in appropriatins needs to be allocated for in the 2020 Budget for Water and Sewer



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 154 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AWARDING RFP#06-20 AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH ENEA FAMILY FUNERAL HOMES (COUNTY CORONER)


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

WHEREAS, the Purchasing Agent issued a Request for Proposals from qualified Funeral Directors to perform decedent transportation services; and

WHEREAS, proposals have been received and were opened on September 15, 2020; and

WHEREAS, after reviewing the proposals the County Coroner recommends awarding the RFP to Enea Family Funeral Homes to perform decedent transportation services at a rate of $300.00 per transfer.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive after review and approval of the County Attorney to sign an agreement with Enea Family Funeral Homes to perform decedent transportation services at a rate of $300.00 per transfer for a term of October 1, 2020 through September 30, 2021.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AWARDING RFP#06-20 AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH ENEA FAMILY FUNERAL HOMES


II. Justification:

The County Coroner needs to contract for decedent removal services.


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Montgomery County Charter.


IV. Financial Impact:

$300.00 per transfer



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 155 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HUMANA (PERSONNEL)


Resolution by Legislator: Thayer
Seconded by: Wilson

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to participate with the Humana Medicare Employer Plan for health insurance only, (no prescription drugs); and 

WHEREAS, Humana has provided excellent service to Montgomery County and for a continuity of services it is recommended continuing to participate in the plan.

WHEREAS, the Humana Medicare Employer LPPO Plan will be effective, January 1, 2021 - December 31, 2021.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign an agreement with Humana plan for health insurance only, (no prescription drugs) at a rate of $136.22 per member per month for a term of January 1, 2021 - December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Renewal Agreement with Humana Medicare Employer Plan for health insurance only.


II. Justification:

Montgomery County provides health insurance benefits to retirees who are age 65 and over.


III. Legislative Impact:

Pursuant to Article 3 of the  Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts. 


IV. Financial Impact:

The renewal for Montgomery County's current medical plan comes in at $136.22 per member per month. This is an decrease of $32.66 per member a month. 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 156 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH MVP FOR THE HEALTH INSURANCE (PERSONNEL)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to participate with the MVP Plan for health insurance only, (no prescription drugs); and 

WHEREAS, MVP has provided excellent service to Montgomery County and for a continuation of services it is recommended continuing to participate in the plan; and

WHEREAS, the MVP Plan will be effective, January 1, 2021 - December 31, 2021.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign an agreement with MVP for health insurance only, (no prescription drugs) at a rate of $38.20 per member per month for the administration of the plan for a term of January 1, 2021 - December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Montgomery County provides health insurance benefits to active employees and retirees under age 65. It is recommended by the Personnel Officer that the County remain with MVP.


II. Justification:

Montgomery County provides health insurance benefits to active employees and retirees under age 65


III. Legislative Impact:

Pursuant to Article 3 of the Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

MVP has agreed that the fees for Administration of the plan will remain the same until December 31, 2021. There will be no increase in administrative fees from last year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 157 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH MATRIX/ARAYA (PERSONNEL)


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

WHEREAS, the agreement with Matrix/Araya is is set to expire on December 31, 2020; and

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to utilize the pharmacy benefit services provided by Matrix/Araya; and 

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign said agreement with Matrix/Araya with the fee schedule attached hereto and made a part hereof; and 

FURTHER RESOLVED, that said agreement shall be effective January 1, 2021 and ending December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Fee Schedule

Statement of Legislative and Financial Impact:

I. Nature of Request:

Renewal agreement with Matrix/Araya


II. Justification:

Matrix/Araya, is the current pharmacy benefit manager for Montgomery County, who provides, manages and administers prescription drug programs including the maintenance of a nationwide network of pharmacy, claims administration, prescription drug management and rebate services.


III. Legislative Impact:

Pursuant to section 2.04 (b) of the charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

Montgomery County will see an increase in the Matrix/Araya administration fees in the amount of $.50 per paid claim by Araya for the 2021 plan year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 158 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION ESTABLISHING POSITION OF PRINCIPAL ACCOUNT CLERK TYPIST AND ELIMINATING THE ACCOUNTANT POSITION (COUNTY CLERK)


Resolution by Legislator: Sweet
Seconded by: Purtell

WHEREAS, the position of Accountant is not necessary in the County Clerk's office as the duties and education level are not relevant to the position; and

WHEREAS, the position has now become vacant; and

WHEREAS, after a review, it has been determined that the position of Principal Account Clerk Typist is a more appropriate title for the department based on the duties of the position and needs of the department; and now, therefore be it

RESOLVED, that the title of Accountant be eliminated from County Clerk's Office; and be it further

RESOLVED, that the Montgomery County Legislature hereby establishes the position of Principal Account Clerk Typist at a Grade G within the bargaining unit at a base salary of $37,579.00; and

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

TRANSFER FROM:     
A-08-4-1410-00-.1110 (604)  Accountant  $12,000 
     
TRANSFER TO:     
A-08-4-1410-00-.1110 (New)  Principal Account Clerk Typist  $12,000 

FURTHER RESOLVED, this resolution will take effect September 28, 2020.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ESTABLISHING TITLE OF PRINCIPAL ACCOUNT CLERK TYPIST AND ELIMINATING TITLE OF ACCOUNTANT


II. Justification:

The current title of Accountant is not necessary based on the duties of the position in the department, and the title of Principal Account Clerk Typist would better suit the needs and duties of the position.


III. Legislative Impact:

Pursuant to Section 2.04 (B) of the Montgomery County Charter the Legislature has the power to make appropriations.


IV. Financial Impact:

Will result in an absolute financial savings to the County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 159 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Thayer

WHEREAS, on June 19, 2019 Montgomery County received a Notice of Claim for claims alleged by Kirstyn Newkirk arising out of actions taken by National Grid under a road permit they had with Montgomery County; and

WHEREAS,  this claim was tendered by Montgomery County to National Grid in July 2019 and again on August 6, 2019 with a demand for defense and indemnification; and

WHEREAS, on August 21, 2019 a representative from National Grid responded to the initial defense and indemnification demand and admitted that a representative from Talman Construction was working in the area where the accident occurred and that National Grid was working on tendering the claim to this subscontractor; and

WHEREAS, National Grid has since refused to defend or indemnify the County; and

WHEREAS, on September 8, 2020 Montgomery County was served with a lawsuit for damages sustained due to National Grid's negligence.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Attorney is authorized and directed to commence litigation against National Grid to defend and indemnify Montgomery County for actions taken by National Grid and/or their contractors. 

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE)


II. Justification:

National Grid has an obligation to defend and indemnify Montgomery County for damages caused arising from National Grid's work on County roads.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

Initial litigation expenses are anticipated to be covered in the County Attorney's budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 160 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2020 OPERATING BUDGET (CORONER)


Resolution by Legislator: Wilson
Seconded by: Thayer

WHEREAS, the coroners have exceeded their budgetary amounts used for autopsies and other expenses, and

WHEREAS, it is necessary to transfer funds into to cover expenses in the Coroner's Budget for said autopsies and expenses.

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

TRANSFER FROM:     
A-30-4-1990-00-.4400 Contingent Account $28,000.00
     
TRANSFER TO:     
     
A-29-4-1185-00-.4436  Medical Fees  $27,000.00
A-29-4-1185-00-.4445  Medical Supplies  $500.00
A-29-4-1185-00-.4470  Travel: Related Costs  $500.00

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Additional funding needed for Coroners' expenses.


II. Justification:

Funding needed to cover costs of autopsies and other expenses for remainder of the year


III. Legislative Impact:

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

 


IV. Financial Impact:

Additional funding of $28,000 needed to cover costs incurred and anticipated for the remainder of 2020.

 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 161 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING MONTGOMERY COUNTY EXECUTIVE TO SIGN CONTRACT FOR SOLID WASTE DISPOSAL WITH SENECA MEADOWS, INC. (COUNTY TREASURER)


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

WHEREAS, it is recommended that Montgomery County renew an agreement with Seneca Meadows, Inc. for the disposal of solid waste that flows through the transfer stations in Montgomery County.

RESOLVED, that the Montgomery County Executive upon review and approval of the County Attorney is authorized to sign and execute any and all prospective agreement documents associated with said Contract for a period to commence on January 1, 2021 and terminate on December 31, 2022

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Renewal of contract for disposal of municipal solid waste with Seneca Meadows, Inc.

 


II. Justification:

New contract needs to be executed for services to be continued.

 


III. Legislative Impact:

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


IV. Financial Impact:

The proposed rates for term of the new agreement are $31.19 per ton for 2021 and $32.75 per ton for 2022.  Appropriation will be included in the 2021 and 2022 Budget and will be offset by tip fee revenue collected at transfer stations.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 162 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW F (LOCAL LAW 5) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN STEWART TITLE, KCS LAND RESEARCH CORPORATION, AND MONTGOMERY COUNTY (COUNTY CLERK) 


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, Montgomery County wishes to lease office space in the County Clerk’s office to other entities that benefit the public, and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for seven (7) days, excluding Sundays, and now therefore be it

RESOLVED, that Introductory Local Law F of 2020 (Local Law 5) hereby is submitted to the Legislature of the County of Montgomery for consideration: 

INTRODUCTORY LOCAL LAW F (LOCAL LAW 5)  – A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN STEWART TITLE, KCS LAND RESEARCH CORPORATION, AND MONTOGMERY COUNTY 

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1:

The purpose of this local law is to authorize the Montgomery County Executive to enter into leases with Stewart Title and KCS Land Research Corporation for office space in the Montgomery County Office Building.

SECTION 2:

That the space to be leased is located in the Montgomery County Clerk’s Office, at 64 Broadway, Fonda, New York, 12068.

SECTION 3:

That the lands described in Section 2 are not being used by the County for ordinary county purposes.

SECTION 4:

The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law.

SECTION 5:

That the lands described in Section 2 may be leased to Stewart Title and KCS Title without advertising or competitive bidding.

SECTION 6:

That the rent between Stewart Title to Montgomery County be $1,800.00 annually, due on November 1, 2020 and that the rent between KCS Land Research Corporation to Montgomery County be $1,800.00 annually, due on November 1, 2020.

SECTION 7:

That the County Executive be, and hereby is, authorized to sign leases for a term of one year between Stewart Title, KCS Land Research Corporation, and Montgomery County.

SECTION 8:

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

Section 9:

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

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

INTRODUCTORY LOCAL LAW F (LOCAL LAW 5) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN STEWART TITLE, KCS LAND RESEARCH CORPORATION, AND MONTGOMERY COUNTY


II. Justification:

To provide authorization for leases with KCS Land Research Corporation and Stewart Title.


III. Legislative Impact:

The legislature is empowered by the Municipal Home Rule Law to pass local laws relating to the sale ot lease of County owned property.


IV. Financial Impact:

Will result in lease payments of $3,600.00 per year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 163 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORPORATION AND STEWART TITLE (COUNTY CLERK)


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, KCS Land Research Corporation and Stewart Title have requested office space in Room 114 of the County Office Building, 64 Broadway, Fonda, NY to use full time, to the extent that the room is not being used for county purposes; and

WHEREAS, upon researching with the New York State Association of County Clerk's, the Montgomery County Clerk recommends entering into a paid building use agreement with KCS Land Research Corporation and Stewart Title. 

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, sign a one-year agreement with KCS Land Research Corporation and Stewart Title; and be it further

RESOLVED, that said agreement shall be for the period of November 1, 2020 though October 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORPORATION AND STEWART TITLE


II. Justification:

To provide authorization of leases with KCS Land Research Corporation and Stewart Title.


III. Legislative Impact:

The County Executive has the authority to sign contracts on behalf of the County pursuant to Article 3 of the Charter.


IV. Financial Impact:

$3600.00 a year will be received by the County as revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 164 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LAW G (LOCAL LAW 6) - A LOCAL LAW ESTABLISHING A DOCUMENT FEE FOR ONLINE SEARCHING


Resolution by Legislator: Sweet
Seconded by: Isabel

WHEREAS, the County Clerk is expanding services by introducing online searching of public documents filed in Montgomery County, and

WHEREAS, the County Clerk is requesting establishing a $5.00 fee for printed documents through the online searching system; and

WHEREAS, a copy of this local law has been in the desks of the legislators for at least seven calendar days, exclusive of Sundays; and now, therefore be it

RESOLVED, that the new fee take effect October 1, 2020; and be it further

RESOLVED, that Introductory Local Law G of 2020 (Local Law 6) hereby is submitted to the Legislature of the County of Montgomery for consideration: 

INTRODUCTORY LOCAL LAW G (LOCAL LAW 6) – A LOCAL LAW ESTABLISHING A DOCUMENT FEE FOR ONLINE SEARCHING 

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1: The purpose of this local law is to establish a fee for printed documents through online searching.

SECTION 2: The Montgomery County Clerk’s Office is authorized to charge $5.00 per document printed through the Info Quick Systems, Inc. online search database.

SECTION 3: The purpose for charging fees for the documents is to cover the costs of maintaining the online database as well as the cost of digitizing records.

SECTION 4: 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 5: To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.

SECTION 6: This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The Montgomery County Clerk's office is establishing a $5.00 document fee for online searching.


II. Justification:

Offering online searching will mitigate the need for in person visits, creating a more convenient, 24/7 access advantage. 


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

A $5 per printed document fee will be charged, with $3.50 per document received by the County Clerk's office as revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 165 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT AMENDMENT UNDER INFO QUICK SOLUTIONS, INC. FOR ONLINE SEARCHING SERVICES (COUNTY CLERK)


Resolution by Legislator: Thayer
Seconded by: Wilson

WHEREAS, Resolution 314 of 2019 authorized Montgomery County to enter into a contract for electronic filing services with Info Quick Solutions, Inc. ending December 31, 2024 at an amount not to exceed $5,067.0; and

WHEREAS, the County Clerk recommends expanding those services to include online searching, allowing increased access to public records and mitigating foot traffic in the office; and

WHEREAS, a fee of $5.00 per printed document will be collected by Info Quick Solutions, Inc., with a 70% share of said fee going to the County Clerk's Office; and now, therefore be it

RESOLVED, that the County Executive is hereby authorized and directed to sign a contract amendment with Info Quick Solutions, Inc., after the review and approval of the County Attorney, to include online searching services with 70% of the fees collected going to the County Clerk's office.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT AMENDMENT UNDER INFO QUICK SOLUTIONS, INC. FOR ONLINE SEARCHING SERVICES


II. Justification:

The County Clerk's office is requesting to expand services under the current contract with Info Quick Solutions, Inc., requiring a contract amendment, following the review and approval by the County Attorney.


III. Legislative Impact:

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


IV. Financial Impact:

Document fees will be recieved by the county as revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 166 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Wilson

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

WHEREAS, the County Auditor has audited claims for the period of August 25, 2020 through September 22, 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). (9/22/2020)



Abstract of Audited Claims - September 2020

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

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


III. Legislative Impact:

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


IV. Financial Impact:

no impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 167 of 2020

DATED: September 22, 2020

RECOMMENDATION:
     

RESOLUTION ESTABLISHING PUBLIC HEARINGS FOR THE 2021 TENTATIVE BUDGET (COUNTY LEGISLATURE)


Resolution by Legislator: Thayer
Seconded by: Isabel

RESOLVED, that pursuant to Section 7.03 of the Montgomery County Charter the Montgomery County Legislature shall hold a Public Hearing on the 2021 Tentative Budget as submitted by the County Executive at the Legislative Chambers, Montgomery County Office Building, 64 Broadway, Fonda, New York at 6:00 pm on Thursday, October 22, 2020; and

FURTHER RESOLVED, that pursuant to Section 7.03 of the Montgomery County Charter the Montgomery County Legislature shall hold a Public Hearing on the 2021 Tentative Budget as submitted by the County Executive and the report of the Budget and Finance Committee of the Legislature at the Legislative Chambers, Montgomery County Office Building, 64 Broadway, Fonda, New York at 6:00 pm on Wednesday, November 4, 2020. 

FURTHER RESOLVED, that the Clerk of the Legislature hereby is authorized, empowered and directed to publish at least one notice of each hearing in the official newspapers of the County with at least five days elapsing between publication of such notices and the specified hearing dates; and 

FURTHER RESOLVED, that the notice shall state that copies of the Tentative Budget for 2021 are available at her office, where they may be inspected or acquired by interested persons during business hours; and 

FURTHER RESOLVED, that said notice shall contain a statement, showing the maximum salaries that may be fixed and payable during the ensuing fiscal year, to members of the Montgomery Legislature, including the Chairman.

RESOLUTION VOTE, passed with Aye(9). (9/22/2020)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ESTABLISHING PUBLIC HEARINGS ON THE 2021 TENTATIVE BUDGET


II. Justification:

Pursuant to Section 7.03 of the Montgomery County Charter the Montgomery County Legislature shall hold a Public Hearing on the 2021 Tentative Budget as submitted by the County Executive.  Pursuant to Section 7.03 of the Montgomery County Charter the Montgomery County Legislature shall hold a Public Hearing on the 2021 Tentative Budget as submitted by the County Executive and the report of the Budget and Finance Committee.


III. Legislative Impact:

Pursuant to Section 7.03 of the Montgomery County Charter the Montgomery County Legislature shall hold a Public Hearing on the 2021 Tentative Budget as submitted by the County Executive.  Pursuant to Section 7.03 of the Montgomery County Charter the Montgomery County Legislature shall hold a Public Hearing on the 2021 Tentative Budget as submitted by the County Executive and the report of the Budget and Finance Committee.


IV. Financial Impact:

To be determined by submission of Tentative Budget.



cc: County Clerk
County Treasurer