Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:02 p.m. on Tuesday, August 17, 2021 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068. 

This meeting is in person, however, members of the public may also participate in the meeting by calling 1-312-757-3121, Access Code 231-414-901. Minutes of the hearing will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.

 Items on the agenda, at this time, are as follows:

1.  DISCUSSION

 A.  Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

2.  RESOLUTION CONFIRMING APPOINTMENT/TERM OF REPRESENTATIVE TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE

3.  RESOLUTION AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS (COUNTY LEGISLATURE)

4.  RESOLUTION AMENDING RULES OF PROCEDURE OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021 (COUNTY LEGISLATURE)

5.  OTHER

RESOLUTION NO. 169 of 2021 DATED: August 24, 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, Erin Clemens, who represented the Private Sector has resigned, leaving a vacancy in the Public Sector and it has been recommended by the County Executive to replace him with Sandra McDonald filling the unexpired term of 6/30/2023.

WHEREAS, the current board consists as follows:

RESOLVED, the Montgomery County Legislature hereby confirms the following appointment and term of respresentative to the Fulton, Montgomery and Schoharie Workforce Development Board made by the County Executive; effective immediately:

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 170 of 2021 DATED: August 24, 2021 RECOMMENDATION:

WHEREAS,  the matter of County of Suffolk v. Purdue Pharma L.P., et al., under Index No. 400001/2017 is pending in the Supreme Court, Suffolk County, regarding the opioid addiction crisis, in which the County of Montgomery is the named plaintiff in the action (the “Action”); and 

WHEREAS, the Action is against several defendants, including manufacturers of opioids, distributors of opioids and chain pharmacies; and

WHEREAS, the Action alleges several causes of action against defendants Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. and Janssen Pharmaceutica, Inc. (“J & J”) based on claims that J & J contributed  to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and by falsely promoting the increased use of opioids directly and generally through various “front groups” and failing to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to a public health crisis in Montgomery County; and 

WHEREAS, J & J has offered to settle the Montgomery County’s claims against it by paying the sum of between approximately Worst Case Scenario  ($112,981.61) Dollars and Best Case Scenario  ($263,673.69) Dollars over ten (10) years to be used for restitution and abatement and agreeing to not manufacture, sell or promote opioids; and   

WHEREAS, it is in the best interest of Montgomery County to resolve this matter with respect to J & J without further litigation and enter into the proposed Agreement as it shall settle all allegations against J & J and avoid protracted litigation.

NOW THEREFORE BE IT RESOLVED, that the execution and delivery on behalf of and in the name of Montgomery County by the County Executive, or his designee, of the NY Opiod Settlement Sharing Agreement, as attached hereto and made a part hereof, is hereby authorized, and the County Executive, or his designee, is hereby authorized, subject to County Attorney approval, and directed to execute the proposed Agreement in a form substantially similar thereto and execute such other documents as may be necessary and appropriate to effectuate the settlement with J & J; and

 BE IT FURTHER RESOLVED, that Simmons Hanley and the County Attorney are authorized and directed to execute any necessary documents to effectuate this settlement including but not limited to the Election and Release form as attached hereto and made a part hereof; and 

BE IT FURTHER RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that the adoption of this resolution constitutes a Type II Action pursuant to Section 617.5(c)(26) and (33) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management, and information collections.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 171 of 2021 DATED: August 24, 2021 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature has undergone committee review to revise the 2021 Rules of Procedure; and

WHEREAS, the recommended changes will improve effiency and eliminate inconsistenties.

NOW THEREFORE BE IT RESOLVED, that the amended Rules of Procedure, as attached hereto, hereby are adopted by the Montgomery County Legislature for the remainder of 2021, or until amended by further Resolution.

RESOLUTION VOTE, was defeated with Aye(3). Legislators Dimond, Headwell, Jr., Wilson and Pepe voted Nay. Legislators Kelly and Isabel were absent. (8/24/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 172 of 2021 DATED: August 24, 2021 RECOMMENDATION:

WHEREAS, Montgomery County has been approached with a request for permisson to hold a fireworks display at the former Beech-Nut facility; and

WHEREAS, E29, the holder of the Purchase and Sale Agreement has agreed to this display as well; and

WHEREAS, Montgomery County supports the Village's efforts to promote economic development.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature, upon the receipt by the vendor  of all necessary approvals and permits,  signing of proper waivers and proof of proper insurance coverage in favor of Montgomery County, authorizes the use of the former Beech-Nut facility for a fireworks display on September 11, 2021 in the Village of Canajoharie; and

BE IT FURTHER RESOLVED, that the use of the former Beech-Nut facility for the fireworks display shall be at no cost to Montgomery County.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: