RESOLUTION NO. 123 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Director of Community Services has determined there is addtional funding due from the Office of Addition Services and Supports (OASAS) and the Office of Mental Health (OMH) due to NYS not holding funds back as a result of the COVID-19 pandemic; and

WHEREAS, funds provided by the Office of Addiction Services and Supports (OASAS) and the Office of Mental Health (OMH) can only be passed to the not-for-profit organizations that provided services in Montgomery County with proper budget authorization.

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2021 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 124 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department has been awarded grant funds provided through existing Public Health Coronavirus (COVID -19) grant for response activities; and

WHEREAS, the Health Research Inc./New York State Department of Health has awarded the Montgomery County Public Health Department funding in the amount of $329,051 based on the population of Montgomery County to fund allowable activities as outlined by NYSDOH.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2021 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 125 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the final allocation of State Consolidated Highway Improvement Program (CHIPS) funds has been clarified; and

WHEREAS, it is necessary to adjust the County Road Fund to reflect increased revenues and appropriations.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2021 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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II. Justification:

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RESOLUTION NO. 126 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Montgomery County through the Montgomery County Sanitary District No.1 operates a wastewater treamtent plant that generates digested sludge which requires treatment/disposal; and

WHEREAS, the Village of Canajoharie is the owner and operator of wastewater treatment facilities which can be used to treat/dispose of said sludge; and

WHEREAS, Montgomery County and the Village of Canajoharie are municipal corporations; and

WHEREAS, the Sludge Disposal Agreement is expected to benefit Montgomery County and the Village of Canajoharie; and

WHEREAS, the Montgomery County Sanitary DIstrict No.1 Board of Directors approves of said Sludge Disposal Agreement; and

WHEREAS, the Village of Canajoharie has approved the Sludge Disposal Agreement.

NOW THEREFORE RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, to execute the Sludge Agreement, which is an intermunicipal agreement for sludge treatment/disposal with the Village of Canajoharie at a cost of $0.050 per gallon terminating May 31, 2022.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 127 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the District Attorney has been advised that Montgomery County  has been awarded a $206,781.00 Criminal Justice Discovery Reform Grant by the new York State Division of Criminal Justice Services for the period of April 1, 2020 through March 31, 2021; and

WHEREAS, these are grant funds awarded to the Montgomery County District Attorney's office which is used to support local law enforcement agencies and the District Attorney's Office with expenses related to implementation of discovery and bail reforms that took effect January 1, 2020.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the $206,781.00 Criminal Justice Discovery Reform Grant approved by the New York State Division of Criminal Justice Services for the period of April 1, 2020 through March 31, 2021.

FURTHER RESOLVED, that the Montgomery County Executive is hereby authorized and directed following review and approval by the County Attorney, to sign an agreement accepting the $206,781.00 Criminal Justice Discovery Reform Grant approved by the New York State Division of Criminal Justice Services for the period of April 1, 2020 through March 31, 2021.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 128 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, K-9 GAJ has worked for the Sheriff's office and with Sergeant Jason R. Nare for just over 9 years; and

WHEREAS, K-9 GAJ had a successful career with the Montgomery County Sheriff's office locating many items of contraband, locating many suspects and people in need after completing tracks and responding to emergencies while seving the patrol division; and
    
WHEREAS, the County Executive and the County Legislature desire to allow K-9 GAJ to remain with his handler, Sergeant Jason R. Nare. 

RESOLVED, that the County Legislature hereby authorizes and approves the retirement of K-9 GAJ as of June 22, 2021; and 

FURTHER RESOLVED, that the County Legislature hereby authorizes ownership of K-9 GAJ to be permanently transferred to Jason R. Nare as of June 22, 2021 upon execution by Sergeant Jason R. Nare of an agreement with release of liability to be prepared by the County Attorney.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 129 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted Coronavirus (COVID-19) Grant funds per Resolution 61 of 2020; and

WHEREAS, the 2020-21 COVID-19 Grant funds, for the period of March 5, 2020 - March 15, 2021, were appropriated in the 2020 Public Health budget; and

WHEREAS, there are unexpended 2020-21 COVID-19 Grant funds available for carry-over to the 2021 Public Health budget.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2021 Operationg Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 130 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Sheriff has a need to utilize asset forfeiture money to purchase equipment and assist with future drug investigations; and
 
WHEREAS, asset forfeitures have been awarded from recent drug arrests. 

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2021 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 131 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Purchasing Department has already received insurance recoveries for a totaled patrol car that was involved in a motor vehicle accident for an amount of $26,909.33; and

WHEREAS, the accident occurred when a Deputy Sheriff struck a pole in a parking lot while doing a security check.  The vehicle totaled was a 2106 Ford; and

WHEREAS, the Sheriff's Office has a need to keep its fleet at current levels and this purchase is a simple replacement vehicle for the one that was totaled but is essential for us.

RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2021 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 132 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Resolution 141 of 20 established the Montgomery County Assigned Counsel Conflict Office; and

WHEREAS, portions of fund to pay said deparment costs in the Public Defender's Office should now be utilized as established, by the new Assigned Counsel Conflict Office.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to Amend the 2021 operating budget as follows:

TRANSFER FROM:

TRANSFER TO:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 133 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, In accordance with The Workforce Innovation and Opportunity Act of 2014 (WIOA) (P.L. 113-128) , the Counties of Fulton, Montgomery, and Schoharie entered into an agreement as described in WIOA to organize and implement activities pursuant to WIOA and in accordance with requirements established by the Governor of the State of New York (Governor) for purposes of implementing programs and services under WIOA; and

WHEREAS, the membership of the WDB shall be appointed by the Chief Local Elected Officials (CLEO); and

WHEREAS, each CLEO shall appoint an equal number of Workforce Development Board members. There shall be four public sector and five private sector members appointed by each CLEO. The CLEOs shall among themselves agree so that all of the mandatory representatives listed under WIOA Section 107 will be represented; and

WHEREAS, the current board consists as follows:

RESOLVED, there are two members that terms expire on 6/30/2021;

FURTHER RESOLVEED, the Montgomery County Legislature hereby confirms the re-appointments made by the County Executive as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 134 of 2021 DATED: June 22, 2021 RECOMMENDATION:

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

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

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

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

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

FURTHER RESOLVED, this Agreement is effective July 1, 2021 and continues through June 30, 2022.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 135 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the rural tranquility, scenic beauty and historic character of Montgomery County are community assets that enhance quality of life and property values and  promote tourism in Montgomery County; and

WHEREAS, there are many scenic byways in Montgomery County that are integral to preserving the rural tranquility, scenic beauty and historic character in Montgomery County; and

WHEREAS, the Montgomery County Legislature recognizes the importance of preserving the visual quality of the scenic byways in Montgomery County; and

WHEREAS, upon consultation with the Commissioner of Public Works the following local law is submitted; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for seven calendar days, excluding Sundays; and

WHEREAS, this law is a Type II action under the State Environmental Quality Review Act.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law C (Local Law 3) of 2021 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2021) - A LOCAL LAW PROMOTING SCENIC BYWAYS IN MONTGOMERY COUNTY

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

SECTION 1.  Purpose.

The purpose of this local law is to preserve the aesthic resource of the scenic byways in Montgomery County that enhance  the quality of life, promote tourism, and protect property values in Montgomery County. These scenic byways are unique to Montgomery County, a primarily agricultural community that is nestled in the foothills of the Adirondack Mountains with swooping scenic vistas of the Mohawk Valley.  These scenic byways provide the public with  a scenic resource within Montgomery County. 

SECTION 2.   Objectives.

The objective of the Scenic Byways Local Law is to: 

A. Preserve and protect the scenic byways in Montgomery County;

B. Recognize the contribution the scenic byways make to the agricultural character, scenic beauty, and unique beauty of Montgomery County. 

SECTION 3.  Designation of Scenic Byways.

A. The initial Scenic Byways designated by this local law are as follows in their entirety:

1. Stone Arabia Road (CR 34)
2. Thayer Road (CR 165)
3. Logtown Road (CR 110)
4. Latimer Hill Road (CR 89)
5. Auriesville Road (CR 122)
6. Pattersonville Road (CR 152)
7. Bulls Head Road (CR 151)
8. Fuller Road (CR 139)
9. Miller Corners Road (CR 142)
10. Sulphur Springs Road (CR 154)
11. Swart Hill Road (CR 1)
12. Widow Susan Road (CR 8)
13. Antlers Road (CR 3)
14. Morrow Road (CR 12)
15. Truax Road (CR 7)
16. Hickory Hill Road (CR 33)
17. Old Trail Road (CR 30)
18. Van Epps Road (CR 116)
19. Borden Road (CR 115)
20. Hyney Hill Road (CR 123)
21. Noeltner Road (CR 164)
22. Burtonville Road (CR 127)
23. Hughes Road (CR 129)
24. Esperance Road (CR 131)
25. Corbin Hill Road (CR 104)
26. East Lykers Road (CR 103)
27. West Lykers Road (CR 102)
28. Carlisle Road (CR 93)
29. Hilltop Road (CR 96)
30. Currytown Road (CR 105)
31. Old Sharon Road (CR 94)
32. Latimer Hill Road (CR 89)
33. Clinton Road (CR 80)
34. Seebers Lane (CR 87)
35. Wagners Hollow Road (CR 48)
36. Indian Road (CR 37)
37. Caswell Road (CR 45)
38. McKinley Road (CR 42)
39. Crum Creek Road (CR 57)
40. Clay Hill Road (CR 59)
41. Fordsbush Road (CR 70)
42. Freybush Road (CR 79)
43. Pickle Hill Road (CR 69)
44. Paris Road (CR 68)
45. Salt Springville Road (CR 75)
46. Sanders Road (CR 66)
47. Brookmans Corners Road (CR 73)
48. River Road (CR 65)
49. Fisher Road (CR 118)
50. Ingersoll Road (CR 117)
51. Noeltner Spur (CR 166) 

B. Additional roads can be designated by the Montgomery County Legislature by resolution following the procedures set forth herein. 

SECTION 4.  Criteria for Designation of Scenic Byways.

In order for a road to be designated as a Scenic Byway the following criteria must be met:

A. The road offers views of near or distant landscapes;

B.  The road has significant scenic, recreational, cultural, natural or historic features that once altered are irreplacable. Examples of these features might include:

1. Memorable or unusual landscape elements bordering the road;

2. A section of road that is particularly appealing to bikers, hikers, or horseback riders for its specific characteristics;

3.  A road that passes through or abuts upon a traditional working landscape such as farming or orchards;

4. A road that passes through or abuts unusual geologic formations, topography, water resources, wetlands or habitats for rare or endangered wildlife; or

5. A road passes through or abuts a site of historical importance.

C. The road enhances the quality of life of Montgomery County residents . Examples of enhancing the quality of life of Montgomery County residents might include:

1. Contributing to tourism;

2. Enhancing property values in Montgomery County;

3. Providing the public with a scenic resource.

SECTION 5. Designation procedure.

The Montgomery County Legislature may designate additional roads as scenic byways upon the following:

A. Upon submission of either a resolution from the Montgomery County Legislature introducing a local law to amend this local law, a resolution signed by the local Town or Village nominating a road to be a scenic byway, or  a petition by landowners on the road . The nominating document must set forth the following:

1. The name of the road requested to be designated as a scenic byway;

2. Identify the length of the road to be designated and, when only a portion of the road is proposed for designation, identify the starting and ending points of the proposed portion in terms of feet from the nearest intersection;

3. Describe the characteristics of the road which enable it to qualify for scenic road status as set forth in Section 4.

B. Within thirty days of receipt of a resolution or an application, the Montgomery County Legislature shall submit a copy of the application or resolution to the Commissioner of Public Works and hold a public hearing regarding the designation of the road as a scenic byway.

C. The Montgomery County Legislature shall act upon the proposed designation within forty-five (45) calendar days after the public hearing. Adding an additional scenic byway must be done by amending this Local Law.

SECTION 6.  Scenic Byway Guidelines

The following standards shall apply to scenic byways in Montgomery County.

A. Vistas.  Roadside views of near and distant scenic landscapes are vital to the quality of life and economy of Montgomery County and shall be preserved and, where possible, enhanced through vegetative management and selective cutting to maintain or open up such views.  Roadside views from scenic byways shall remain visually consistent with the views at the time of designation. For the purposes of this paragraph, visually consistent shall mean not obviously different from or in sharp contrast to views at the time of designation taking into consideration the scale and context of the existing conditions at the time of designation. 

B. Vegetation.  Vegetation on the side of the road shall be maintained in such a way as to preserve the scenic value and beauty of existing flowers, shrubs, and trees.

C. Grades.  Hills and valleys and corresponding changes in typography and road grades are correlated with scenic values. Changing grades through cuts and fills shall be undertaken only when necessary for road maintenance and safety.

SECTION 7.  To the extent that this local law is inconsistent with existing laws it shall supersede them.

SECTION 8.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

SECTION 9.  This law shall take effect upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 136 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Environmental Conservation Law §11-0935, established a pilot program wherein a hunting license holder who is 12 or 13 years of age may hunt deer with a crossbow, rifle, shotgun or muzzle loading firearm in areas where and during the hunting season in which such implements may be used; and

WHEREAS, Environmental Conservation Law §11-0935 requires that in order to be an “eligible area”, a county must pass a local law authorizing participation in the pilot program; and

WHEREAS, according to a 2011 U.S. Fish and Wildlife Service study, the community spends approximately $4.95 billion per year in the State of New York in pursuit of sporting activities, and sporting activities are responsible for the support of approximately 56,000 jobs across New York State; and

WHEREAS, sporting activities have a positive impact on the local and statewide economy; and

WHEREAS, public interest and participation in sporting activities, including deer hunting, has significantly increased, including the number of individuals completing hunter education programs and purchasing hunting and other sporting licenses; and

WHEREAS, the universal hunting age of 12 is supported by the 2012 – 2016 NYS Deer Management Plan and the draft 2021 – 2025 NYS Deer Management Plan; and

WHEREAS, prior to the adoption of Environmental Conservation Law §11-0935, 49 out of 50 States with New York being the exception, permitted 12 and 13 year olds to participate in hunting under varying circumstances; and

WHEREAS, hunting with youth provides quality time for parents, guardians and other mentor figures to bond with their children, other family members and friends in an outdoor setting and presents an excellent opportunity to introduce youth to nature, stewardship, conservation, and responsible wildlife management; and

WHEREAS, hunting with youth provides an opportunity to mentor and instruct youth hunters regarding safe and responsible hunting; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law D (Local Law 4 of 2021) hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW D (LOCAL LAW 4 OF 2021) - A LOCAL LAW A LOCAL LAW ADOPTING A PILOT YOUTH HUNTING PROGRAM

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

SECTION 1. Title
This Local Law shall be known as “A Local Law Adopting a Pilot Youth  Hunting Program.”

SECTION 2. Purpose
Consistent with the provisions of Environmental Conservation Law section 11-0935, this Local Law is adopted to authorize the expansion of youth hunting and allow licensed hunters ages 12 or 13 to hunt deer with a crossbow, rifle, shotgun or muzzle-loading firearm when accompanied by a parent, legal guardian, or mentor.

SECTION 3. Eligibility and Requirements.

 1. Notwithstanding subdivision one-a of Environmental Conservation Law Section 11-0701 and the crossbow prohibition of subdivision one of Environmental Conservation Law Section 11-0929, a hunting license holder who is twelve or thirteen years of age may hunt deer with a crossbow, rifle, shotgun, or muzzle-loading firearm as provided in this title in Montgomery County provided that:

  (a) such minor is accompanied by their parent or legal guardian, or by a person designated in writing by such parent or legal guardian on a form prescribed by the Department of Environmental Conservation who is twenty-one years of age or older; and

  (b) such parent, guardian or person has had at least three year's experience in hunting deer; and

  (i) such parent, guardian or person holds a hunting license; and

  (ii) such parent, guardian or person maintains physical control over the minor at all times while hunting. For the purposes of this paragraph "physical control" shall mean that the physical proximity of such minor to the parent, guardian or person is such that the parent, guardian or person is reasonably able to issue verbal directions and instructions, maintain constant visual contact, and otherwise provide guidance and supervision to the minor; and

  (iii) such parent, guardian or person and the minor remain at ground level at all times while hunting; and

  (c) such parent, guardian or person and the minor shall each display either a minimum total of two hundred fifty square inches of solid fluorescent orange or pink or patterned fluorescent orange or pink consisting of no less than fifty percent fluorescent orange or pink material worn above the waist and visible from all directions, or a hat or cap with no less than fifty percent of the exterior consisting of solid fluorescent orange or pink material and visible from all directions.

SECTION 4. Severability
If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect.

SECTION 5. Consistency
 To the extent that this local law is inconsistent with other laws it shall supersede those laws.

SECTION 6. Effective Date
This Local Law shall be effective upon its filing with the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. A copy of this Local Law shall  also be filed with the New York State Department of Environmental Conservation.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 137 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Local Law 4 of 2020 created the Department of Assigned Counsel; and

WHEREAS,  it is necessary to appoint an Assigned Counsel Administrator; and

WHEREAS,  pursuant to §3.02 and §3.03 of the Montgomery County Charter, the County Executive has the power to make appointments; and 

WHEREAS,  pursuant to Local Law 4 of 2020 the Assigned Counsel Administrator shall be appointed on the basis of required legal experience and other qualifications appropriate to the responsibilities of the office; and 

WHEREAS, pursuant to Local Law 4 of 2020 the powers and duties of the Assigned Counsel Administrator are as follows:

a.) Develop and monitor program policies, standards, and operational procedures;

b.) Ensure that standards of eligibility are developed;

c.) Ensure that applicants for counsel meet these standards, through investigation where necessary;

d.) Supervise and/or locate attorneys to handle assignments;

e.) Review and act upon attorney vouchers for work performed; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and 

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees; and 

WHEREAS, the County Executive appointed Kimberly Van Wormer, Esq. as the Assigned Counsel Administrator on the basis of her required legal experience and other qualifications appropriate to the responsibilities of the office; and 

WHEREAS, the Montgomery County Legislature has undergone a committee review of Kimberly Van Wormer, Esq.; and 

WHEREAS, the Montgomery County Legislature has approved the appointment of Kimberly Van Wormer, Esq.  as Assigned Counsel Administrator; and 

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature. 

THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms the appointment of Kimberly Van Wormer, Esq. as Assigned Counsel Administrator for a term concurrent with that of the County Executive, terminating on December 31, 2021; and 

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Kimberly Van Wormer, Esq. as Assigned Counsel Administrator for any acts or omissions while acting within the scope of her duties as Assigned Counsel Administrator.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 138 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Fulton County’s 2021 Capital Plan contains an appropriation of $200,000 for the FMCC Financial Technology Lab Project; and 

WHEREAS, JMZ Architects and Planners, P.C. was retained by the FM Foundation to provide cost estimating, bidding and construction services for the project; and 

WHEREAS, there are no County dollars associated with this project; and 

WHEREAS, any additional funding for the project shall be borne by the FM Foundation; and 

WHEREAS, the FM Foundation has agreed to front $75,000 to the County at the start of the project; and 

WHEREAS, Resolution No. 99 dated April 27, 2021 authorized advertisement for bids to the project; and 

WHEREAS, on Wednesday, May 26, 2021, the following bid was received: 

AND

WHEREAS, based upon the Base Bid and Alternate Bids received, FMCC and JMZ Architects and Planners, P.C. are recommending that only the Base Bid be awarded in the amount of $216,500.

NOW, THEREFORE BE IT 

RESOLVED, that the County Executive is hereby authorized to execute an Agreement with MA Schafer Construction, Inc. in the amount of $216,500.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 139 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS,  Resolution No. 108 of 1997 authorized the Montgomery County Legislature to bond for $900K in conjunction with projects at the Glen Business Park; and

WHEREAS, thereafter, the County and the Montgomery County Industrial Development Agency (hereinafter "IDA") entered into a Municipal Loan and Reimbursement Agreement dated March 1, 1997 (hereinafter the "Agreement"); and

WHEREAS, the County and the IDA wish to add additional property as collateral to this Agreement to help effectuate paying off the proceeds owed under the Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs, upon review and approval of the County Attorney, the Montgomery County Executive entering into Amendment No. 1 to the Municipal Loan and Reimbursement Agreement to add Tax Map Parcel No. 52.-4-3.41 consisting of approximately 212.8 acres as collateral and clarifying that Tax Map Parcel No.'s 52.-4-3.3 and 52.-4-3.11 remain from Phase I; and 

BE IT FURTHER RESOLVED, that the Montgomery County Legislature, pursuant Paragraph 3 of the Municipal Loan and Reimbursement Agreement dated March 1, 1997  requests that the IDA prepare and execute documentation that can be filed against each property in Phase II  as well as the remaining properties from Phase I showing that proceeds from sale or rent are due to Montgomery County.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 140 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery College Board of Trustees has presented its sponsoring counties with a 2021-22 budget request; and

WHEREAS, a public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties.

RESOLVED, the Montgomery County Legislature hereby approves the scheduling of a Public Hearing on the proposed 2021-22 Budget of Fulton-Montgomery Community College for July 27, 2021 at 6:50 pm in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature hereby is directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 141 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Montgomery County has obtained the real property parcel by tax foreclosure known as SBL 63.70-2-14 (33 Reed Street), located in the Village and Town of Canajoharie; and

WHEREAS, this property is not needed for County purposes; and

WHEREAS, this property previously was offered at the tax foreclosure auctions but successful bidders failed to close on the property; and

WHEREAS, a neighboring property owner has expressed interest in obtaining said real property parcel.

RESOLVED, the Montgomery County Legislature hereby authorizes to convey all the right, title and interests of the County in and to said real property to Bruce A. Parslow for the sum of $500.00 plus associated deed filing fees; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to execute the deed and all related documents related to the conveyance of said property to Bruce A. Parslow.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 142 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, Montgomery County collects a Mortgage Tax which pursuant to local law must be distributed to local municipalities of the County; and

WHEREAS, the County Treasurer disburses the Mortage Tax funds bi-annually.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Treasurer to disburse Mortgage Tax money for the period October 1, 2020 through March 31, 2021; and

FURTHER RESOLVED, that said Treasurer is directed to take all necessary steps, under proper accounting procedure, to adjust the books of his office, effective immediately.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 143 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, the Montgomery County Industrial Development Agency (hereinafter "IDA")  is currently the fee title owner to approximately twenty (20) acres of certain real property within the Glen Canal View Business Park located on Park Drive in the Town of Glen, Montgomery County, New York (the “Property”) as more particularly described on Exhibit A attached hereto; and

WHEREAS, Resolution 11 of 2021 authorized entering into a license agreement with the IDA to begin construction of the Shared Services Project, a new facility to house the Department of Public Works and the Department of Economic Development; and

WHEREAS, pursuant to PAL Section 2897(6)(d)(ii), the IDA filed an explanatory statement with the (i) the New York State Comptroller, (ii) the Director of the Budget, (iii) the Commissioner of General Services, (iv) the State Legislature, and (v) the Authority Budget Office, respectively, dated February 18, 2021 relating to the Disposition (the “Explanatory Statement”); and

WHEREAS, the IDA has determined that pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the “SEQR Act”) and the regulations (the “Regulations”) adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (collectively with the SEQR Act, “SEQRA”), it appears that the Disposition constitutes a “Type II action” (as said quoted term is defined in the Regulations), and therefore it appears that no further determination or procedure under SEQRA is required with respect to the Disposition; and

WHEREAS, the IDA passed Resolution 21-10 authorizing the sale of the Property to Montgomery County; and

WHEREAS,  the cost for the property will be deducted from the funds owed to Montgomery County pursuant to the Municipal Loan and Reimbursement Agreement entered into between Montgomery County and the IDA on March 1, 1997; and

WHEREAS, Montgomery County wishes to move forward with this purchase. 

NOW THEREFORE BE IT RESOLVED, that, upon review and approval of the County Attorney, the Montgomery County Legislature authorizes and directs the Montgomery County Executive to execute any documents necessary to effectuate the purchase of the Property from the IDA for a cost not to exceed $170,000, to be deducted from the funds owed to Montgomery County pursuant to the Municipal Loan and Reimbursement Agreement entered into between Montgomery County and the IDA on March 1, 1997.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 144 of 2021 DATED: June 22, 2021 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 May 26, 2021 through June 22, 2021; 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(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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RESOLUTION NO. 145 of 2021 DATED: June 22, 2021 RECOMMENDATION:

WHEREAS, it is necessary that a Network Systems Administrator (FT) position be established in the office of the Montgomery County District Attorney; and

WHEREAS, this position will be shared with the Montgomery County Sheriff's Department to meet the needs of both offices with regard to all computer related administration, requirements and server and systems management; and

WHEREAS, this position will replace and eliminate line 57,  the Micro Computer Technician (PT) position that was previously established under Resolution No. 59 of 2021.

RESOLVED, that the Montgomery County Legislature hereby establishes the position of Network Systems Administrator with an annual salary of $62,130 which will contractually increase July 1, 2021 to $62,751.00 equivalent to Grade Q in the CSEA Bargaining Agreement in the District Attorney's office who will share said position with the Montgomery County Sheriff's Office; and 

RESOLVED, that the Micro Computer Technician (PT) position is hereby eliminated; and

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2021 Operating Budget as follows:  

TRANSFER FROM:          

TRANSFER TO:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and Isabel were absent. (6/22/2021)

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