Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:05 p.m. on Tuesday, September 21, 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 1-786-535-3211, Access Code 675-988-693. 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 AMENDING RESOLUTION 173 OF 2021 (COUNTY EXECUTIVE)

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

4.  RESOLUTION APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR PART-TIME, FULL-TIME ELECTED OFFICIALS AND APPOINTED OFFICIALS (PERSONNEL)

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

6.  RESOLUTION IN SUPPORT OF JOINING THE CAPITAL DISTRICT TRANSIT AUTHORITY (COUNTY LEGISLATURE)

7.  RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO AUTHORIZE ADVERTISING FOR BIDS FOR THE FMCC WASTEWATER TREATMENT PLANT ALARM SYSTEM PROJECT

8.  OTHER

RESOLUTION NO. 200 of 2021 DATED: September 28, 2021 RECOMMENDATION:

WHEREAS, there was a scriveners error in Resolution 173 of 2021 that needs to be corrected.

NOW THEREFORE BE IT RESOLVED, that the amount of of $48,000 in Resolution 173 of 2021 shall be replaced with $55,000.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 201 of 2021 DATED: September 28, 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 ddefendants McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Drug Corporation, PSS World Medical, Inc., Kinray, LLC, Bellco Drug Corporation, and American Medical Distributors, Inc. (the “Distributors”) based on claims that the Distributors contributed to the opioid epidemic by failing to comply with their obligations under the federal Controlled Substances Act and the New York Controlled Substances Act to implement adequate measures to prevent diversion of the prescription opioids they distributed to pharmacies and others in Montgomery County, all of which contributed to a public health crisis in Montgomery County; and 

WHEREAS, the Distributors have offered to settle the Montgomery County’s claims against it by paying the sum of between approximately Worst Case Scenario  ($673,540.92) Dollars and Best Case Scenario  ($1,189,800.40) Dollars over over eighteen (18) years and agreeing to implement injunctive relief under a controlled substance monitoring program; and   

WHEREAS, it is in the best interest of Montgomery County to resolve this matter with respect to the Distributors 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 the Distributors; 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(9). (9/28/2021)

I. Nature of Request:

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IV. Financial Impact:

RESOLUTION NO. 202 of 2021 DATED: September 28, 2021 RECOMMENDATION:

WHEREAS, the New York State Employee’s Retirement System requires a local governing body to set standards for retirement system credit for applicable part-time and full-time elected and appointed officials, and

WHEREAS, that the New York State Retirement System has requested forms RS 2417-A and RS 2417 –B be updated and submitted, and

WHEREAS, such standards are needed to set forth the average number of full-time equivalent (FTE) days worked by such employees.

FURTHER RESOLVED, that the standard workday for the full-time elected positions hereby are established at 7 hours per day, and

FURTHER RESOLVED, the Montgomery County Legislature does hereby adopt and approve the standards for the “Retirement Days Credited Monthly for Elected Full-time Officials” under the New York Sate Employee’s Retirement System, and

FURTHER RESOLVED, that the Retirement System forms RS 2417-A and RS 2417 –B shall be submitted to the New York State Retirement System so that they can be audited for compliance and accuracy which will determine the credit of Retirement days for Montgomery County’s  officials.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 203 of 2021 DATED: September 28, 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.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Sweet, was defeated with Aye(2). Legislators Kelly, Sweet, Wilson, Duchessi, Pepe, Isabel and Purtell voted Nay.(9/28/2021)

RESOLUTION VOTE, passed with Aye(5). Legislators Kelly, Dimond, Headwell, Jr. and Pepe voted Nay. (9/28/2021)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 204 of 2021 DATED: September 28, 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.

RESOLUTION VOTE, passed with Aye(7). Legislators Dimond and Headwell, Jr. voted Nay. (9/28/2021)

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RESOLUTION NO. 205 of 2021 DATED: September 28, 2021 RECOMMENDATION:

WHEREAS, Fulton County Resolution No. 193 of 2020 amended the 2020 Capital Plan to substitute four (4) Health and Safety Projects in place of the FMCC Classrooms Labs and Classrooms Phase III and Financial Technology Lab Renovation Project, and

WHEREAS, Montgomery County Resolution No. 185 of 2020 approved authorizing the FMCC Campus Labs & Classrooms – Phase 3 Project Health and Safety, and

WHEREAS, funding for the four (4) Health and Safety Projects is as follows:

WHEREAS, The four (4) Health and Safety projects were as follows:

¹State Contract PT68782

²State Contract PT68873

WHEREAS, FMCC identified that the Wastewater Treatment Plant Alarm System project would be a $60,000 project, to include both engineering and construction, and

WHEREAS, Resolution No. 40 dated January 26, 2021 authorized contracts to the four (4) Health and Safety projects to include a $16,000 contract for design services to the Wastewater Treatment Plant Alarm System project, and

WHEREAS, there remains $57,029.53 of the total $500,000 appropriation to the four (4) Health and Safety projects identified, and

WHERAS, any additional funding that may be required based upon bids received to the Wastewater Treatment Plant Alarm System construction be covered by FMCC, and

WHEREAS, the Bid Schedule is as follows:

1. BID SCHEDULE:

NOW, THEREFORE BE IT 

RESOLVED, that the County Executive is authorized to advertise for bids for the FMCC Wastewater Treatment Plant Alarm System Project.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)

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II. Justification:

III. Legislative Impact:

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