RESOLUTION NO. 201 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, there has been a resignation by the Legislator representing District #3 in Montgomery County; and

WHEREAS, the Montgomery County Charter §2.07 states that if a vacancy occurs in the office of a County Legislator, such vacancy shall be filled at the next general election for the remainder of the unexpired term.  The County Legislature shall appoint a qualified elector of the district in which the vacancy occurred to serve until a successor has been elected and qualified.

RESOLVED, the Montgomery County Legislature in accordance with the Montgomery County Charter hereby appoints Roy S. Dimond, 36 Orchard Street, Canajoharie, NY 13317 to serve as District #3 Legislator until a successor has been elected and qualified.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 202 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, the Department of Social Services (Medicaid) is under budget for 2020; and

WHEREAS, the Department currently needs funds for the Recorder Building project to combine all of Social Services into one office; and

WHEREAS, the Department has funds in budget line A.18.4.6011.00.6100 (Medicaid) to cover the unbudgeted expenses in line A.18.4.6010.00.4421 (Property Rent/Lease/Rep);

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

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 203 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, the Department of Social Services has increasing demands to complete more detailed case records with multiple data entry requirements; and 

WHEREAS, these demands take a considerable amount of caseworker time such that caseworkers are spending more than fifty percent of their time completing computer work rather than working with families; and 

WHEREAS, the state data system known as Connections is not user friendly nor does it have the capability for mobile use; and 

WHEREAS, Northwood Consulting Inc. has developed a user friendly, mobile option that helps caseworkers complete case requirements more quickly and efficiently; and 

WHEREAS, the Northwood's system has been successfully implemented in other counties within New York State with great success; and 

WHEREAS, the Department has identified the need to purchase the Northwoods Traverse Desktop and Mobile suite for implementation in Montgomery County; and 

WHEREAS, the cost of this service will not exceed $279,000.00 which will be reimbursed by both Federal and State funds and is already appropriated in the Department's 2020 budget; and 

WHEREAS, the virus Covid-19 has shown that we will have an increased need for working from home and working from the field, and this program will assist in proper social distancing and increase daily work quality; and 

RESOLVED, the County Attorney the County Executive is hereby authorized to sign an agreement with Northwoods Consulting Partners, Inc. to purchase the Northwoods Traverse Desktop and Mobile suite at a cost not exceed $279,000.00 upon review and approval of the County Attorney .

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

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 204 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, Resolution #39 of 2019 accepted the grant funding award for the County’s Shared Services Facility project for an amount up to $2,000,000; and

WHEREAS, in order to carry out said tasks and goals associated with the awarded funds the County solicited RFP 01-19 Engineering and Architectural Services Montgomery County Shared Municipal Facility and responses were received; and

WHEREAS, Resolution #126 of 2019 awarded the contract to LiRo Engineers, Inc. at a cost not to exceed $617,000; and

WHEREAS, Construction Management services associated with the project were to be awarded at a later date should the project move forward; and

WHEREAS, LiRo Engineers, Inc. estimates that construction management, would be $297,360.

RESOLVED, the Montgomery County Legislature hereby authorizes an amendment to the contract for a total contract cost not to exceed $914,360; and

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign the aforementioned contract.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 205 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, Resolution # 39 of 2019 accepted the grant funding award for the County for the Shared Services Facility Relocation Project in the amount of $2,000,000 from the Department of Environmental Conservation (NYSDEC); and

WHEREAS, the County Legislature through Resolution 199 of 2020 authorized bonding for said project in the amount of $12,700,000, for said project; and

WHEREAS, the county solicited bids for the Montgomery County Shared Services Facility and Project responses were received; and

WHEREAS, the Montgomery County shared services steering committee has reviewed all bids with Liro Engineering and recommends that contracts be awarded to the lowest, responsible, responsive bidder being:

MLB Construction Services, LLC. for the General Contract at a cost not to exceed $7,676,900.

Postler & Jaeckle Corp. for the Mechanical Contract at a cost not to exceed $1,364,000.

Upstate Companies I, LLC for the Electrical Contract at a cost not to exceed  $1,083,146.09.

BPI Piping for the Plumbing Contract at a cost not to exceed $1,681,000.

RESOLVED, the Montgomery County Legislature hereby authorizes and awards contracts to:

MLB Construction Services, LLC. for the General Contract at a cost not to exceed $7,676,900.

Postler & Jaeckle Corp. for the Mechanical Contract at a cost not to exceed $1,364,000.

Upstate Companies I, LLC for the Electrical Contract at a cost not to exceed 1,083,146.09.

BPI Piping for the Plumbing Contract at a cost not to exceed $1,681,000.

FURTHER RESOLVED, that the County Executive, upon the review and approval of the County Attorney, is hereby authorized and directed to sign the aforementioned contracts.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Wilson,

to add to the RESOLVED CLAUSE, Atlantic Testing Laboratories, 22 Corporate Drive, Clifton Park, NY 12065 for the Special Inspection and Construction Materials Engineering and Testing Services at a cost not to exceed $25,000.00 

passed with Aye(8). Legislator Sweet was absent.(12/15/2020)

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 206 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, currently the Public Health Department is experiencing recruitment difficulty when looking for full time Registered Nurses (RN); and

WHEREAS, following a discussion with the Personnel Officer, there is an opportunity for increased recruitment for Licensed Practical Nurse-FT; and

WHEREAS, the position of Licensed Practical Nurse can assist with ever changing requirements for Covid-19 Tracing And Tracking as well as fulfilling other essential duties within the department; and

WHEREAS, the Public Health Director hereby requests the establishment of the position of Licensed Practical Nurse-FT at a base rate for 2020 of $42,023, Grade I in the CSEA bargaining agreement;

RESOLVED, the Montgomery County Legislature hereby establishes the position of Licensed Practical Nurse LPN-FT at a base rate for 2020 of $42,023, Grade I in the CSEA bargaining agreement.

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

FURTHER RESOLVED, that the County Treasurer is hereby authorized to amend the 2021 Operating Budget effective January 1, 2021 as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 207 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, Section 5311 of Title 49, United States Code, provides federal financial assistance for public transportation in rural and small urban areas by way of a formula grant program to be administered by the States; and 

WHEREAS, Montgomery County makes an application annually to the New York State Department of Transportation for such federal aid for operating assistance for the annual provision of public mass transportation (transit) services on a continuing basis in Montgomery County; and 

WHEREAS, New York State Public Law No. 116-136 (3/27/20) and the CARES Act authorized temporary additional funding for operating activities related to COVID-19 that occur on or after January 20, 2020; and

WHEREAS, Resolution #128 of 2020 authorized the county to enter into CONTRACT NO: C004175 with the New York State Department of Transportation for available funding through the CARES Act, related to mass transportation services; and

WHEREAS, Montgomery County submitted a payment request through the CARES Act process for CARES Act and was awarded funding; and  

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County; and

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for funding to allow for continued mass transportation services. 

INCREASE REVENEUES:

A-24-3-3594                        Mass Transportation                   $480,780

INCREASE APPROPRIATIONS:

A-24-4-5630-00-4401           Mass Transportation                   $480,780

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 208 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, Montgomery County is applied for funding for economic development purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Program; and

WHEREAS, the Office of Community Renewal provides grants to communities that wish to sponsor economic development activities that create or retain jobs for low- and moderate-income persons. The goal of the program is to fund projects that result in high quality, full-time jobs that are well paying and provide benefits and training to low- and moderate-income persons; and

WHEREAS, Montgomery County has prioritized economic development and job creation provisions which will result in a direct and positive impact to low and moderate income persons; and

WHEREAS, Montgomery County applied for and received funding for a CDBG in the amount of $750,000 for assistance to Dollar General under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program; and

WHEREAS, program requirements include the provision to hold two public hearings on the grant application.

RESOLVED, that the County Legislature hereby schedules a Public Hearing on the Dollar General grant to be held at 6:55 p.m., Tuesday, January 26, 2021 in the Chambers of the County Legislature, County Office Building, Fonda, New York.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 209 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, Montgomery County is applied for funding for economic development purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Microenterprise Program, and

WHEREAS, the Office of Community Renewal provides grants to communities that wish to sponsor economic development activities that create or retain jobs for low- and moderate-income persons. The goal of the program is to fund projects that result in high quality, full-time jobs that are well paying and provide benefits and training to low- and moderate-income persons, and

WHEREAS, Montgomery County has prioritized economic development and job creation provisions which will result in a direct and positive impact to low and moderate income persons, and

WHEREAS, Montgomery County applied for and received funding for a Montgomery County Agriculture Microenterprise program in the amount of $200,000 under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program, and

WHEREAS, program requirements include the provision to hold two public hearings on the grant application.

RESOLVED, that the County Legislature hereby schedules a Public Hearing on the Montgomery County Agriculture Microenterprise grant to be held at 6:55 p.m., Tuesday, January 26, 2021 in the Chambers of the County Legislature, County Office Building, Fonda, New York.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 210 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, by Resolution 143 of 2020 the Montgomery County Legislature approved NYS ILS grant Distribution Hurrell-Harring (2nd yr) which included funds for legal reference for the Public Defender's Office; and

WHEREAS, this a continuation contract of this service wherein the beginning contract was approved by resolution 237 of 2016; and

WHEREAS, this online legal reference will continue to be purchased through LexisNexis; and

WHEREAS, this online legal service has offered a continued discount of four thousand one hundred dollars ($4,100) to the Montgomery County Public Defender's Office if they enter into an amendment extending the contract; and

WHEREAS, the total amount of the two year amendment is $506 a month for 12/1/2021-11/30/2022 and $511 a month for 12/1/22- 11/30/2023 to be paid  from the Indigent Legal Services Grant.

RESOLVED, therefore that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Executive, after review and approval by the County Attorney, to sign an amendment with LexisNexis for adding the term of 12/1/2021-11/30/2023 to the current contract at the rate of $506 a month for 12/1/2021-11/30/2022 and $511 a month for 12/1/2022- 11/30/2023 .

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 211 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, the county's current Property, General Liability and Insurance policies expire on January 1, 2021; and

WHEREAS, at the recommendation of the County’s Broker, Cool Insuring Agency, Inc., it is the desire of the County to maintain insurance including Property and General Liability Insurance through NYMIR, crime insurance through Travelers, and cyber insurance through _____; and

RESOLVED, that the County Executive, following the review and approval by the County Attorney, is hereby authorized and directed to sign a contract  for the provision of insurance including Property and General Liability policies through NYMIR at a cost not to exceed $421,719, crime insurance through Travelers at a cost not to exceed $5,949, and cyber insurance through _______ at a cost not to exceed $_______ for a term from January 1, 2021 through January 1, 2022.

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Isabel,

to insert in the WHEREAS clause Travelers.  and to insert in the RESOLVED clause Travelers at a cost not to exceed $35,000.

passed with Aye(8). Legislator Sweet was absent.(12/15/2020)

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 212 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, Office for the Aging, Inc. provides services to the Montgomery County residents, age 60 and older, who meet eligibility criteria; and

WHEREAS, Montgomery County and Office for the Aging, Inc. share a mutual concern for the well-being of the residents; and

WHEREAS, the Montgomery County Legislature has budgeted funds to assist Office for the Aging in maintaining programs to benefit said residents, in an amount not to exceed $335,000.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, to sign an agreement with Office for the Aging, Inc. in the amount of $335,000.

FURTHER RESOLVED, said contract shall be effective January 1, 2021 - December 31, 2021.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 213 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, the 2021 Operating Budget includes appropriations of $77,250 for the Cornell Cooperative Extension of Fulton and Montgomery Counties to provide funds to assist said agency in maintaining programs to benefit Montgomery County residents.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to execute an agreement with Cornell Cooperative Extension of Fulton and Montgomery Counties for services provided under Subdivision 8 of Section 224 of County Law of the State of New York at a cost not to exceed $77,250.

FURTHER RESOLVED, said contract shall be effective January 1, 2021 - December 31, 2021.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 214 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, the 2021 Operating Budget includes appropriations of $118,000 for the Montgomery County Soil and Water Conservation District in accordance with Section 223 of County Law to provide funds to assist said agency in maintaining said District  under the provisions of the New York State Soil Conservation District Law and trail maintenance and additional work at the Burbine Forest in the Town of Charleston including clearing brush, mowing, and general upkeep to the satisfaction of the Commissioner of the Department of Public Works as well as installing a raised walkway over the wetlands at no additional cost to the County.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to execute agreements with the Montgomery County Soil and Water Conservation District for the aforementioned services at a cost not to exceed $118,000.

FURTHER RESOLVED, said contract shall be effective January 1, 2021 - December 31, 2021.

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 215 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, quotes were received for excess workers compensation coverage and it has been recommended by the personnel officer and triad, our TPA/Broker that Montgomery County participate with Midwest Employers Casualty Co. for excess workers compensation coverage; and

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval from the County Attorney, to sign said agreement with Midwest Employers Casualty Co.in the amount of $159,817.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 216 of 2020 DATED: December 15, 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 November 25, 2020 through December 15, 2020; and the County Auditor recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

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

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 217 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, pursuant to the Montgomery County Charter § 2.05, the County Legislature shall on the first Tuesday, after the first Monday in January of each year, meet and organize by election from among its members a Chair, a Deputy Chair and such other legislative officials as it deems appropriate. The Chair shall appoint members of the County Legislature to serve on such legislative committees as are provided by the rules of the County Legislature.

RESOLVED, that the Clerk of the Legislature shall give notice that the Organizational Meeting for the Montgomery County Legislature is hereby scheduled for January 5, 2021 at 6:00 pm in the Legislative Chambers, 64 Broadway, Fonda, NY.

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Sweet was absent. (12/15/2020)

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RESOLUTION NO. 218 of 2020 DATED: December 15, 2020 RECOMMENDATION:

WHEREAS, the Montgomery County Industrial Development Agency and Montgomery County has developed the Glen Canal View Business Park in the Town of Glen; and

WHEREAS, to furtherance of this on-going development within this Park, the Montgomery Industrial Development Agency and Montgomery County would look to undertake an engineering and feasibility study in relation to various wells located at the park for the potential of being utilized as a public water source; and 

WHEREAS, Montgomery County has contracted with PRIME AE Group of NY to lead this study; and

WHEREAS, the next steps in this study are to perform step tests on 3 wells located within the park along with water quality tests. 

NOW THEREFORE BE IT RESOLVED, the County Executive is hereby authorized after review and approval by the County Attorney to sign an agreement with Layne Christensen Company to perform pump testing for an amount not to exceed $49,545.00. 

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

RESOLUTION VOTE, passed with Aye(8). Legislator Sweet was absent. (12/15/2020)

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