RESOLUTION NO. 94 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, per Resolution 238 of 1986, the County entered into a 25-year agreement with the State Office of Parks, Recreation, and Historic Preservation for the purposes of maintenance of the former West Shore RR Right-of-Way by the County (commonly referred to as the NYS Canalway Trail); and

WHEREAS, Resolution 69 of 2012 extended this Cooperative Agreement for a five year agremeent with a five year renewal option which is about to expire; and

WHEREAS, entering into this Cooperative Agreement with the State Office of Parks, Recreation, and Historic Preservation ensures that the trail will be maintained for the use of Montgomery County residents. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs the Montgomery County Executive to execute a Cooperative Agreement with the State Office of Parks, Recreation, and Historic Preservation for the purposes of maintenance of the former West Shore RR Right-of-Way by the County (commonly referred to as the NYS Canalway Trail) for a five year term with the option to execute a five year renewal.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 95 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, a fuel tanker truck was involved in a motor vehicle accident and the County’s hazard material response was requested, and

WHEREAS, a number of different agencies were dispatched and assisted at the location of the accident, and

WHEREAS, when the regional Montgomery, Fulton, Schoharie team responds the host county is responsible for tracking and submitting one invoice for insurance proceeds to the spiller, who is responsible for reimbursement; and

WHEREAS, we received insurance proceeds that need to disbursed to the appropriate agency and put in the appropriate budget line. 

RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 96 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, it is necessary for the District Attorney's Office to have access to legal research through on-line services provided by Lexis Nexis; and

WHEREAS, the Lexis Nexis requires a three year subscripton agreement to be signed for such access commencing June 1, 2022 and ending May 31, 2025 at the following monthly rates:   6/ 1/2022 through 5/31/2023 @$146.00  per month

                                                                      6/1/2023 through 5/31/2024 @$152.00 per month

                                                                      6/1/2024 through 5/31/2025 @$159.00 per month; and

WHEREAS, the cost of said monthly fees is to be paid from existing budgeted money used for legal reference materials; and

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes the County Executive, following review and approval by the County Attorney, to sign the Lexis Subscription Agreement for the period of June 1, 2022 through May 31, 2025.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 97 of 2022 DATED: May 24, 2022 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 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 98 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County Department of Public Works is responsible for maintaining 393 miles of county roads; and

WHEREAS, the Commissioner of Department of Public Works requests that due to the needs of the department, the position of full-time Laborer, be established; and

WHEREAS, the Commissioner of Department of Public Works has met with the Personnel Officer and confirmed that title of Laborer exists as a non-competitive title in the CSEA Bargaining unit, established in Grade A with base salary for 2022 of $30,892 ; and

WHEREAS, Resolution 56 of 2020 established four (4) part-time laborer (Temporary) positions; and

WHEREAS, it is the intention to eliminate two (2) of the four (4) part-time Laborers to help offset the cost of its full-time equivalent.

RESOLVED, that the Montgomery County Legislature establishes the positions of full-time Laborer with a base salary of $30,892 CSEA Grade A.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 99 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County through the Montgomery County Sanitary District No.1 operates a wastewater treatment 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 $0.05 per gallon terminating May 31, 2022.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 100 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County Public Health is required by the New York State Department of Health, as described in Article 21, Title IV, Section 2145 of the Public Health law; and

WHEREAS, Amsterdam Animal Hospital has agreed to provide Professional Veteniary Services - to provide for Rabies Specimen Preparation Services; and

WHEREAS, the Public Health Director has recommended a 3 year contract with Amsterdam Animal Hospital beginning May 15, 2022 - May 15, 2025; and

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the Amsterdam Animal Hospital contract terms, and

FURTHER RESOLVED, that the County Executive, upon review and approval by the County Attorney, hereby is authorized and directed to sign any and all Veterinary Professional Services contract documents for the rates attached hereto and made a part hereof for a term of May 15, 2022- May 15, 2025.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 101 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, the Director of Community Services has determined there is additional funding due from the Office of Addiction Services and Supports (OASAS) and the Office of Mental Health (OMH) due to increases in funds as outlined via State Aid Letters; 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 is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 102 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, New York State Office of Children and Family Services (OCFS) requires counties to enter into contract with state approved child care facilities that provide services to our foster care, and/or behavioral children; and

WHEREAS, Resolution 71 of 2021 authorized the County Executive to enter into contracts with OCFS approved facilities; and

WHEREAS, there is an additional facility that the Department would like to add to the list of approved facilities;

RESOLVED, the first Resolved clause of Resolution 71 of 2021 that lists the facilities that are used in Montgomery County shall be amended to include:

• Lincoln Hall

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 103 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Resolution 30 of 2022 authorized the County Executive to enter into contracts with New York State Office of Children and Family Services (OCFS) whom require counties to enter into agreements with state approved child care facilities that provide services to our foster care and/or behavioral children; and

WHEREAS, there is an additional facility that the Department is desirous of contracting with; and

RESOLVED, the Resolution 30 of 2022 shall be amended to include the following facility to be used in Montgomery County:

• Lincoln Hall

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 104 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County Public Health is awarded the Rabies Program Grant annually; and

WHEREAS, the Rabies Program Grant funds are appropriated in the current Operating Budget.

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the Rabies Program Grant Funds.

FURTHER RESOLVED, that the County Executive, upon review and approval by the County Attorney, hereby is authorized and directed to sign any and all Rabies Program Grant contract documents at the rate of $8,893 per year for the contract period April 1, 2022 to March 31, 2025.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 105 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, the 2022 Capital Plan contains and appropriation of $1,000,000 for the FMCC Science Labs and Classrooms Phase 3 Project; and 

WHEREAS, the FMCC Campus Labs and Classroom Building Renovation Project was intended to be a sequential three (3) phased project as identified within Fulton County’s 2018-2020 Capital Plan; and 

WHEREAS, the first two (2) phases were completed in 2018 and 2019 respectively; and 

WHEREAS, due to the onset of the COVID-19 Pandemic, Phase 3 of the sequential three-phased project abruptly stopped once FMCC was notified by the SUNY Office of Capital Facilities that New York State would no longer support the project due to reappropriating State dollars toward more immediate health and safety related projects; and 

WHEREAS, the initial Phase 3 project had been designed, successfully bid and all contracts had been executed; and 

WHEREAS, Resolution #42 dated February 22, 2022 authorized a contract with JMZ Architects and Planners, P.C. to update design plans and bid specifications for the FMCC Science Labs and Classrooms Phase 3 Project (2022 Capital Plan); and 

WHEREAS, funding for this project will be as follows:

And 

WHEREAS, on April 6, 2022, the following bids were received for the four (4) prime construction contracts:

1. Contract No. 1: General Construction:

¹Alt. 2 (Add) – Renovate/Abate Room C137.

²Alt. 3 (Add) – Change Lab top material to epoxy resin in lieu of phenolic resin.

³Alt. 4 (Add) – Provide five (5) loose tables in Room C239.

⁴Alt. 5 (Add) – Provide $3,000.00 Allowance for Lab Equipment to be selected by Owner.

2. Contract No. 2: Plumbing Construction:

¹Alt. 2 (Add) – Renovate/Abate Room C137

3. Contract No. 3: HVAC:

¹Alt. 2 Bid (Add) – Renovate/Abate Room C137

4. Contract No. 4: Electrical:

¹Alt. 2 Bid (Add) - Renovate/Abate Room C137

NOW, THEREFORE BE IT RESOLVED, that based upon the bids received, and the written recommendation from JMZ Architects regarding lowest possible bidders, the following construction contracts are recommended to be awarded:

¹Add Alt 2, 3, 4, 5

²Add Alt 2

³Add Alt 2

⁴Add Alt 2

AND BE IT FURTHER RESOLVED, in addition to the four (4) prime construction contracts, FMCC recommends the following additional three (3) contracts be awarded for various services:

• Special Testing and Inspections
• Hazmat Monitoring
• Furniture and Furnishings

AND BE IT FURTHER RESOLVED, FMCC recommends the following:

AND BE IT FURTHER RESOLVED, Montgomery County Legislature will award these prime construction and other contracts at their May 24, 2022 meeting.

AND BE IT FURTHER RESOLVED,

1. SUMMARY OF PROJECT BUDGET CLASSROOM PHASE III PROJECT:

TOTAL PROJECT BUDGET                                            :       $1,000,000.00

(LESS) CA PHASE III                                                       :           $     69,250.00

(LESS) 4 PRIME CONTRACTS                                       :           $   807,815.00

(LESS) OTHER CONTRACTS                                         :           $     35,950.00

CURRENT BALANCE                                                    :           $     86,985.00

RESOLUTION VOTE, passed with Aye(5). Legislators Sweet and Dimond abstained. Legislators Duchessi and VACANT were absent.(5/24/2022)

RESOLUTION VOTE, passed with Aye(6). Legislator Sweet abstained. Legislators Duchessi and VACANT were absent. (5/25/2022)

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RESOLUTION NO. 106 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Fulton County’s 2022 Capital Plans includes a $47,500 appropriation to contract with Trane U.S. Incorporated to update various HVAC control systems in FMCC’s PE Building; and

WHEREAS, funding for the project was proposed as follows:

and; 

WHEREAS, an updated proposal was received from Trane U.S. Incorporated on February 16, 2022 confirming the $47,500 cost to update various HVAC control systems within FMCC’s PE Building; and

RESOLVED, the Montgomery county executive is authorized and directed upon review and approval of the county attorney to enter into a contract with trane us incorporated at a cost not to exceed $47,500 to update hvac systems at the FMCC PE building; and 

FURTHER RESOLVED, this resolution is contingent on a substantially similar resolution being passed by Fulton County.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 107 of 2022 DATED: May 24, 2022 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 10, 2022 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 Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 108 of 2022 DATED: May 24, 2022 RECOMMENDATION:

SECTION 5. 

A copy of this local law  shall be conspicuously posted on the Montgomery County website. 

SECTION 6.

Open meetings of any public body that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this section, "disability" shall have the meaning defined in section two hundred ninety-two of the executive law.

SECTION 7.

To the extent that this local law is inconsistent with other laws or  resolutions it shall supersede those laws or resolutions.

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 Local Law shall be effective upon its filing with the New York State Secretary of State.

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RESOLUTION NO. 109 of 2022 DATED: May 24, 2022 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, 2022 and continues through June 30, 2023.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 110 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, one of the approved uses of American Rescue Plan funds by the federal government is under the standard allowance for government services; and

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that using 50k for tourism is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that $50,000 of American Rescue Plan funds be used for tourism ; and

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 111 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, American Rescue Plan funds by the federal government can be used under the standard allowance for government services; and

WHEREAS, the Montgomery County Emergency management needs a response vehicle and additional communication and GPS equipment; and

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that using $65,000 for a response vehicle and additional communication and GPS equipment is an allowable use of the American Rescue Plan funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs using $65,000 of American Rescue Plan funds for the purchase of a response vehicle and additional communication and GPS equipment; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes a purchase of a 2023 Ford F350 Crew Cab from state contact #PC 68985 SB not to exceed $55,000 and the GPS and communications equipment at an estimated cost of 10k; and

BE IT FURTHER RESOLVED, the Montgomery County Executive is authorized and directed to execute any necessary documents to effectuate this purchase of the vehicle; and

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 112 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, one of the approved uses of American Rescue Plan funds by the federal goverment was for grants for HVAC improvements; and

WHEREAS, the Creative Connections Clubhouse needs a COVID-19 compliant HVAC system as the facility’s current HVAC system is outdated and unreliable, causing ventilation to be extremely poor; and

WHEREAS, improving ventilation through an investment of a new HVAC system would be a preventative and pro-active measure that could help mitigate future outbreaks; and

WHEREAS, the Center  for Disease Control and Prevention recommends upgrading ventilation systems to reduce this risk.; and

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that a  grant to the Creative Connections Clubhouse for HVAC upgrades is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the Creative Connections Clubhouse in the amount of $80,000 for HVAC improvements; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to execute any necessary grant documents to implement this resolution; and 

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 113 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Resolution 80 of 2020 authorized the subdivision of 68 Church Street in the Village of Canajoharie, Montgomery County, New York (Tax Map Parcel No. 63.14-1-9.1) into two parcels; and

WHEREAS, it has been determined that a three parcel subdivision would be more beneficial.

NOW THEREFORE BE IT RESOLVED, that the RESOLVED clause of Resolution 80 of 2020 is amended to read as follows:'

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes moving forward with subdividing 68 Church Street in the Village of Canajoharie, Montgomery County, New York (Tax Map Parcel No. 63.14-1-9.1) into three parcels, one being the east side of the creek that transects the property, one being a parcel adjacent to the west side of the creek and the northern portion of the property on the west side of the creek, and one containing the remainder of the propertyl on the west side of the creek and directs County authorities to sign any necessary documents to effectuate this resolution.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 114 of 2022 DATED: May 24, 2022 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 April 27, 2022 through May 24, 2022 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 VACANT were absent. (5/24/2022)

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RESOLUTION NO. 115 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, the Director of Real Property has reassessed the staffing needs in the Office of Real Property and has determined that changing a part-time position to a full-time position is warranted for continued efficiency and future potential growth of the department; and

WHEREAS, it has been determined that the position of a Real Property Tax Service Aide would be beneficial to the office of Real Property, allowing the department to better serve the public, other Montgomery County departments and the Towns within Montgomery County, including the local Assessors; and

WHEREAS, the part-time position of Information Specialist shall be eliminated to allow for the Real Property Tax Service Aide position to be created; and

WHEREAS, the title of Real Property Tax Service Aide shall be established in the CSEA Unit, Grade E, at a base salary of $35,839; and

RESOLVED, that the title of part-time Information Specialist be eliminated from the Real Property Tax Service Agency; and it be further

RESOLVED, that the the Montgomery County Legislature hereby establish the position of a full-time Real Property Tax Service Aide as follows:

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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RESOLUTION NO. 116 of 2022 DATED: May 24, 2022 RECOMMENDATION:

WHEREAS, Montgomery County (“Montgomery”) entered into a certain contract for phone system services dated June 17, 2019 (“Contract”) with New England Systems & Software, Inc. (“NESS”), and NESS was subsequently acquired by Acture Solutions (“Acture”) (NESS and Acture collectively “NESS/Acture”); and 

WHEREAS, Old Republic Insurance Company (“ORIC”), as surety, issued a Performance Bond and a Payment Bond on behalf of NESS, as principal, in favor of Montgomery (“Performance Bond” and “Payment Bond”; collectively, the “Bonds”); and 

WHEREAS, Montgomery and ORIC have reached an agreement by which any and all remaining obligations of ORIC under the Bonds will be released; and 

WHEREAS, with the exception of a call forwarding issue, upon information and belief all obligations of NESS/Acture under the Contract have been performed and Montgomery and NESS/Acture have agreed to abandon any further obligations of either party under the Contract without further payment by Montgomery to NESS/Acture; and 

WHEREAS, it is the intention of Montgomery, and the purpose of this instrument, to absolutely and forever release ORIC from any and all liability under the Bonds and/or arising out of, or related to the agreements or obligations referred to in the Bonds. 

NOW THEREFORE BE IT RESOLVED, the Montgomery County Legislature authorizes and directs the Montgomery County Executive to entire into a release of all claims with ORIC.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (5/24/2022)

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