RESOLUTION NO. 146 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, The Commissioner of the Department of Social Services has identified the need to establish a Supervising Social Services Attorney (PT); and 

WHEREAS, the Commissioner of the Department of Social Services met with the Personnel Officer and it was determined that the duties Supervising Social Services Attorney (PT) would meet the needs of the Department as such, the title is certified in accordance with Civil Service law Section 22.

WHEREAS, the position of Supervising Social Services Attorney (PT) shall be allocated to Group T in the Non-Bargaining Policy with a base salary of $65,000; and 

WHEREAS, to offset the cost of said p​position, it is requested that line 513 (Social Service Attorney PT) and line 101 (Social Service Attorney PT) be eliminated. 

THEREFORE BE IT RESOLVED, that the position of Supervising Social Services Attorney (PT) is hereby established in the Department of Social Services at base pay rate of $65,000.00 with a pro-rated base pay amount for the remainder of 2021 of $29,695, Group T of the Non-Bargaining Personnel Policy; and 

FURTHER RESOLVED, that line 513 Social Services Attorney (PT)  is hereby eliminated and line 101 Social Service Attorney PT-Temp shall be eliminated upon the filling of the newly created Supervising Social Services Attorney – PT; and 

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 147 of 2021 DATED: August 3, 2021 RECOMMENDATION:

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

WHEREAS, said grant funding, for the period of October 1, 2020 through September 30, 2021 is currently appropriated in the 2021 Operating  Budget; and

WHEREAS, the final funding award for the 2020-2021 Early Intervention Administration Grant has increased.

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(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 148 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department has been awarded Early Intervention Administration Program grant funding in the amount of $173,030.00 for the period of October 1, 2021-September 30, 2026; and

WHEREAS, this funding will be included in the Pubic Health Operting Budget in the amount of $34,604.00 annually, beginning with 2022 budget.

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the Early Intervention Administration grant funding; and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sign said grant contract for  the Early Intervention Administration Program in the amount of $173,030.00 for the period of October 1, 2021-September 30, 2026.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 149 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, Montgomery County has an agreement with New York State Office of Parks & Recreation to provide maintenance on the Empire State Canalway Trail; and

WHEREAS, Montgomery County DPW oversees the maintenance of said agreement; and

WHEREAS, Montgomery County DPW was requested to relocate a section of Empire State Canalway Trail and install approximately 320 Ft of box beam guide rail to allow for additional trail head parking.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 150 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the District Attorney's office received grant funding pursuant to the Criminal Justice Discovery Reform Grant; and

WHEREAS, the terms of the grant allocates a portion of the grant to local law enforcement agencies; and

WHEREAS, said grant funding has been received and deposited into the Appropriated Fund Balance; and

WHEREAS, the following amounts were allocated to the specific agencies:

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 151 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, forfeiture monies from criminal cases in the amount of $4,624.39 have been deposited with the Montgomery County Treasurer;, and

WHEREAS, said forfeiture monies are to be used to purchase equipment and pay for training for various law enforcement agencies throughout Montgomery County; it is

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 152 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the Sheriff has been awarded a grant totaling $194,263.00 from the 2020-2021 Public Safety Answering Point (PSAP) Grant Program; and

WHEREAS, the funding has been approved by the State to use for any beneficial reason pertaining to the 911 Dispatch Center operated by the Sheriff's Office; Resolution # 53-2021 shows that $150,000 has already been addressed in order to support the new CAD system purchased from Tyler Technologies.  The remianing $44,263 that was awarded will now be added to complete some of the purchases; and 

WHEREAS, the items and software being purchased will be used to directly benefit the employees working withing the 911 Dispatch Center and our constituents living in, traveling through or visiting Montgmery County.

RESOLVED,  the Montgomery County Executive, upon review and approval of the County Attorney,  is authorized and directed to sign the 2020-2021 PSAP Grant in an amount totaling $194,263.00; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 153 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, there is a need to add funds to the patrol overtime line; and

WHEREAS, Montgomery County Deputy Sheriff's have seen an increase in calls for service, an increase in partnering with our community and an increase in larger cases/details causing overtime; and

WHEREAS, a large  portion of overtime spent does come back to the county and goes into the general fund;

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 154 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the District Attorney has reviewed the structure of the Department and has determined that the establishment of a full time First Assistant District Attorney is necessary to meet the demands of the office, to assist with management and administrative responsibilities of the District Attorney office and to carry out decision making authority in the absence of the District Attorney; and

WHEREAS, said position is consistent with the Office of the District Attorney in other counties as well as within the Montgomery County Public Defender's office; and

WHEREAS, the District Attorney met with the Personnel Officer and it was determined that the duties within the title of First Assistant District Attorney are appropriate to meet the needs of the Department as such, the title is certified in accordance with Civil Service law Section 22.

WHEREAS, an amount sufficient to cover the fringe benefits was previously transferred under Resolution No. 58 2021; and 

RESOLVED, that the position of full-time First Assistant District Attorney is hereby established in the Office of the District Attorney at base pay rate of $98,000.00 with a pro-rated base pay amount for the remainder of 2021 of $45,058.00, Group L of the Non-Bargaining Personnel Policy; and

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

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr., as follows:

TO CHANGE IN THE RESOLVED CLAUSE THE AMOUNT OF $45,058.00 TO $38,000.00 

AND REMOVE THE FURTHER RESOLVED CLAUSE AND REPLACE AS FOLLOWS: 

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

TRANSFER FROM:

passed with Aye(8). Legislator Isabel was absent.(8/3/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 155 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the need for balance between for economic redevelopment, historical interpretation and greenspace for recreational opportunities; and

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2021 round to study the creation of a interpretive greenway along the Canajoharie Creek; and 

WHEREAS, in a Letter of Resolution among New York State Office of Parks, Recreation and Historic Preservation, Empire State Development, the Village of Canajoharie and Montgomery County regarding the redevelopment of the west side of the former Beech-Nut Plant, one of the stipulations includes the creation of an interpretive walk in conjunction with development of a greenspace/walking path along the Canajoharie Creek; and 

WHEREAS, the grant being applied for carries a 25% match of the overall project cost of $80,000; and

WHEREAS, this amounts to a $20,000 County match with $5,000 of that being in kind services;

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 9 Park Street, PO Box 1500, Fonda, New York, 12068; and

NOW, THEREFORE BE RESOLVED, this the 27th day of July, 2021, that the Montgomery County Legislature supports the efforts of Montgomery County’s CFA application submission for the 2021 round; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs that   a grant application be submitted through the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2021 round to study the creation of a interpretive greenway along the Canajoharie Creek.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 156 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the New York State Canal Corporation accepted applications through the Consolidated Funding Application (CFA) process for projects that would further the goals and objectives of the NYS Canal Recreationway Plan and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Montgomery County submitted an application through the 2019 CFA process for the Schoharie Aqueduct Rehabilitation Project; and 

WHEREAS, the Montgomery County Legislature passed Resolution No. 192 of 2019, a resolution supporting the county's CFA application for the Schoharie Aqueduct Rehabilitation Project. 

WHEREAS, the project requested funding in order to provide pedestrian access and amenities for the historic Schoharie Aqueduct, which is registered as a National Historic Landmark; and

WHEREAS, that said grant funding was awarded in the amount of $50,000 from the NYS Canal Corporation. 

THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs the Montgomery County Executive to execute the grant documents accepting this grant; and

BE IT FURTHER RESOLVED, that the Montgomery County Department of Economic Development & Planning and the Department of Public Works are hereby authorized to administer said grant on behalf of Montgomery County; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 157 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, Montgomery County recognizes a study is needed for the future of the county's solid waste management; and

WHEREAS, the Montgomery-Otsego-Schoharie Solid Waste Management Authority (MOSA) was ended in 2014, leaving the county to manage its own solid waste; and 

WHEREAS, Montgomery County desires to apply to the New York State Department of State Local Government Efficiency Program through the state's Consolidated Funding Application (CFA) 2021 round to undergo a study to develop efficient options and effective practices for the future of the county's solid waste, with the ultimate goal of saving; and

WHEREAS, Montgomery County has developed applications to the New York State Department of State Local Government Efficiency Program to support study the future of the county's solid waste; and

WHEREAS, $12,500 is being requested from the New York State Department of State Local Government Efficiency Program for a total project budget of $25,000; and 

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 9 Park Street, PO Box 1500, Fonda, New York, 12068; and

NOW, THEREFORE BE RESOLVED, this the 27th day of July, 2021, that the County Legislature supports the efforts of Montgomery County’s CFA application submission for the 2021 round; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant application be submitted through the state's Consolidated Funding Application (CFA) 2021 round to undergo a study to develop efficient options and effective practices for the future of the county's solid waste.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 158 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the importance of protecting its natural resources, the increased need for recreational opportunities and the protection of its valuable structures, assets and environment; and 

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2021 round to develop a plan for extending the existing Chuctanunda Creek Trail out of the City of Amsterdam through the Town of Amsterdam and into the Village of Hagaman; and 

WHEREAS, Montgomery County is best positioned as the applicant for this project because the trail extension would encompass three municipalities and enhance a county outdoor amenity, while also connecting more of the community and region to the Empire State Trail; and

WHEREAS, Montgomery County has developed an application to the New York State Office of Parks, Recreation and Historic Preservations Environmental Protection Fund for a study to extend the Chuctanunda Creek Trail; and

WHEREAS, $52,500 is being requested from New York State Office of Parks, Recreation and Historic Preservations Environmental Protection Fund, with $17,500 as the County share of the project, with $5,000 being in-kind professional services, and

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 9 Park Street, PO Box 1500, Fonda, New York, 12068; and

NOW, THEREFORE BE RESOLVED, this the 27th day of July, 2021, that the County Legislature Board supports the efforts of Montgomery County’s CFA application submission for the 2021 round; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs that   a grant application be submitted through the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2021 round to develop a plan for extending the existing Chuctanunda Creek Trail out of the City of Amsterdam through the Town of Amsterdam and into the Village of Hagaman.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

RESOLUTION VOTE, passed with Aye(7). Legislator Purtell abstained. Legislator Isabel was absent. (8/4/2021)

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RESOLUTION NO. 159 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, Resolution #74 of 2019 authorized the County Executive to sign documents associated with a grant in the amount of $148,740 from the New York State Department of State (NYSDOS) for the Kayak Share Project with facilities located in the City of Amsterdam, and the Villages of Canajoharie, St. Johnsville and Fonda; and

WHEREAS, that the County Treasurer was authorized and directed to amend the 2019 and 2020 Operating Budget to cover the costs of the Kayak Share Project; and

WHEREAS, a budgetary transfer needs to occur to properly account and record the assets of the Kayak Share Project.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 160 of 2021 DATED: August 3, 2021 RECOMMENDATION:

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

WHEREAS, the Montgomery Industrial Development Agency (MCIDA) has reviewed and recommended approval of a business loan application from 8-10 Yeoman Street, Inc and Cookies From Brooklyn; and 

WHEREAS, the said applicant has requested a loan for the purposes of purchasing real estate located at 8-10 Yeoman Street, Amsterdam; and

WHEREAS, said applicants have agreed to create six (6) full time employee jobs over the next three (3) years in conjunction with receiving the loan.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign an agreement, and any other legal documents necessary to process an economic development loan, in a principal amount not to exceed $54,000 to 8-10 Yeoman Street, Inc and Cookies From Brooklyn; and 

FURTHER RESOLVED, that that 8-10 Yeoman Street, Inc. and Cookies From Brooklyn will satisfy all local permits, approvals and appraisal where necessary, prior to the loan closing and;

FURTHER RESOLVED, that the proceeds shall come from Montgomery County’s Program Income Account; and 

FURTHER RESOLVED, that said loan shall be payable in not more than two hundred and forty (240) equal monthly installments, with an interest of 3.25% (percent); and 

FURTHER RESOLVED, that, at the time of closing, attorney closing fees will be deducted from the loan proceeds.

RESOLUTION VOTE, passed with Aye(7). Legislator Purtell abstained. Legislator Isabel was absent. (8/3/2021)

RESOLUTION VOTE, passed with Aye(7). Legislator Purtell abstained. Legislator Isabel was absent. (8/4/2021)

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RESOLUTION NO. 161 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the Capital District Transit Authority (CDTA) was created in 1970 by the New York State Legislature, as a public benefit corporation, to provide regional transportation services by rail, bus, water and air; and

WHEREAS, the enabling legislation authorized Montgomery County to elect to become a member upon action of its governing body; and

WHEREAS,  CDTA is now the premier mobility provider in the Capital Region, providing regular route bus service, shuttle systems and paratransit services; and

WHEREAS, it would be a benefit to Montgomery County residents for Montgomery County to join the CDTA; and

WHEREAS, to join the CDTA a match of approximately $300,000.00 annually from Montgomery County will be necessary in addition to $5,000,000 annually in State funding to CDTA.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature is in support of taking the necessary steps to formally join the Capital District Transit Authority once funding is appropriately in place; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature requests that State Assembly and Senate representatives take all necessary steps to secure the $5,000,000 a year State funding that is necessary for Montgomery County to join the Capital District Transit Authority.

MOTION TO CALL THE QUESTION by Legislator Pepe, seconded by Legislator Purtell, was defeated with Aye(5). Legislators Kelly, Dimond and Headwell, Jr. voted Nay. Legislator Isabel was absent. (8/3/2021)

MOTION TO TABLE by Legislator Pepe, seconded by Legislator Kelly, passed with Aye(7). Legislator Dimond voted Nay. Legislator Isabel was absent. (8/3/2021)

MOTION TO REMOVE FROM TABLE by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)

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RESOLUTION NO. 162 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, New York State providing grant funding for Early Voting, Technology Innovation related expenses for Elections held in 2021; and

WHEREAS, it is nessary to amend the 2021 Operating Budget to provide funds for added expenses for Elections in 2021.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 163 of 2021 DATED: August 3, 2021 RECOMMENDATION:

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 §10.01 of the Montgomery County Charter there shall be a Department of Social Services under the direction of a Commissioner who shall be appointed by the County Executive to a five year term subject to confirmation by the County Legislature; and

WHEREAS, pursuant to §10.01 of the Montgomery County Charter the Commisioner of Social Services shall be appointed on the basis of his or her administrative experience and qualifications for the duties of the office for the term provided by law; and

WHEREAS, pursuant to §10.02 of the Montgomery County Charter the Commissioner of Social Services shall perform the duties prescribed by law and such additional and related duties as are required by the County Executive.

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 Michael McMahon as the Commissioner of Social Serices on the basis of his training and experience in social services administration and other qualifications for the responsibilities of his office; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of Michael McMahon; and

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

WHEREAS, Montgomery County conferred the benefits of defense and indemnification of its officers and employees pursuant to Section 18 of the Public Officers Law by the adoption of Local Law #2 of 1984.

RESOLVED, that the Montogmery County Legislature approves the appointment of Michael McMahon as Commissoner of Social Services at a base salary of $82,197, Group F in the Non-Bargaining Policy; and

FURTHER RESOLVED, that the Montgomery County Legislature hereby confirms the appointment of Michael McMahon as Commisioner of Social Services for a five year term commencing June 8, 2021 and ending on June 7, 2026; and

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Michael McMahon as Commisioner of Social Sericces for any acts or omissions while acting within the scope of his duties as Commissioner of Social Services.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 164 of 2021 DATED: August 3, 2021 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery Community College Board of Trustees has presented Fulton and Montgomery County, the sponsoring counties, with a 2021-2022 budget request, proposing a total FMCC budget of $16,635,402; and

WHEREAS, a public hearing related to the adoption of said FMCC Budget was held on July 27, 2021; and

WHEREAS, that the amount to be appropriated by the County of Montgomery, as its sponsor share of said Budget, shall be $1,545,821; which is 9% of the Operating Budget.

FURTHER RESOLVED, that said sponsor’s share shall be included in the Montgomery County Operating Budget for 2022, as provided for in Section 6304 of the Education Law of the State of New York; and

FURTHER RESOLVED, that this Resolution shall take effect upon adoption of a similar Resolution by the Fulton County Board of Supervisors.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (8/3/2021)

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RESOLUTION NO. 165 of 2021 DATED: August 3, 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 June 22, 2021 through August 3, 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(8). Legislator Isabel was absent. (8/3/2021)

RESOLUTION VOTE, passed with Aye(7). Legislator Sweet abstained. Legislator Isabel was absent. (8/4/2021)

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