TO: | Education/Government Committee |
Brian D. Sweet, Chair, Legislator, District 2 Martin P. Kelly, Legislator, District 1 Roy S. Dimond, Legislator, District 3 Robert Headwell, Jr., Legislator, District 4 Daniel P. Wilson, Legislator, District 5 John M. Duchessi, Legislator, District 6 Michael J. Pepe, Legislator, District 7 Robert A. Purtell, Legislator, District 9 | |
FROM: | Cheryl A. Reese, Clerk of the Legislature |
CC: | Legislators, County Attorney, County Treasurer, FMCC, Media |
DATE: | 3/29/2024 |
RE: | Committee Meetings |
Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:04 p.m. on Tuesday, June 21, 2022 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068.
Pursuant to law, members of the Legislature and public are authorized to participate via conference call. Members of the public may participate by calling 1-669-224-3412, Access Code 943-317-589. Minutes of the meeting 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 SUPPORTING ASSEMBLY BILL A.9990 AND SENATE BILL S.8999 ALLOWING NEW YORK STATE-PRODUCED WHOLE AND 2% MILK BACK INTO SCHOOLS (COUNTY LEGISLATURE)
3. RESOLUTION OPPOSING 40 HOUR OVERTIME THRESHOLD FOR NY FARM WORKERS (COUNTY LEGISLATURE)
4. RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW AUTHORIZING VIDEOCONFERENCING (COUNTY LEGISLATURE)
5. RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2022) - A LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND ASSISTANT PUBLIC DEFENDERS (COUNTY LEGISLATURE)
6. RESOLUTION CONFIRMING APPOINTMENTS/TERM OF REPRESENTATIVES TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE
7. RESOLUTION AUTHORIZING FMCC TO UTILIZE HEERF III FUNDS AS A MATCH FOR STATE CAPITAL FUNDS REIMBURSEMENT (FMCC)
8. RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON FMCC’S PROPOSED 2022-23 BUDGET (COUNTY LEGISLATURE)
9. OTHER
Res. # | Sponsor/Second | Recommendation | |
137 | RESOLUTION SUPPORTING ASSEMBLY BILL A.9990 AND SENATE BILL S.8999 ALLOWING NEW YORK STATE-PRODUCED WHOLE AND 2% MILK BACK INTO SCHOOLS (COUNTY LEGISLATURE) | Purtell/Kelly | Move to Full Legislature |
138 | RESOLUTION OPPOSING 40 HOUR OVERTIME THRESHOLD FOR NY FARM WORKERS (COUNTY LEGISLATURE) | Kelly/Sweet | Move to Full Legislature |
139 | RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW AUTHORIZING VIDEOCONFERENCING (COUNTY LEGISLATURE) | Purtell/Pepe | Move to Full Legislature with Negative Recommendation |
140 | RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND ASSISTANT PUBLIC DEFENDERS (COUNTY LEGISLATURE) | Headwell, Jr./Purtell | Move to Full Legislature |
141 | RESOLUTION CONFIRMING APPOINTMENTS/TERM OF REPRESENTATIVES TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE | Sweet/Kelly | Move to Full Legislature |
142 | RESOLUTION AUTHORIZING FMCC TO UTILIZE HEERF III FUNDS AS A MATCH FOR STATE CAPITAL FUNDS REIMBURSEMENT (FMCC) | Sweet/Kelly | Move to Full Legislature |
143 | RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON FMCC’S PROPOSED 2022-23 BUDGET (COUNTY LEGISLATURE) | Sweet/Dimond | Move to Full Legislature |
RESOLUTION NO. 137 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION SUPPORTING ASSEMBLY BILL A.9990 AND SENATE BILL S.8999 ALLOWING NEW YORK STATE-PRODUCED WHOLE AND 2% MILK BACK INTO SCHOOLS (COUNTY LEGISLATURE)
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WHEREAS, Federal regulations were put in place about ten years ago prohibiting whole and 2% milk from being served in schools which was intended to lower childhood obesity and diabetes rates as it was thought that fat free and I% milk were inherently healthier; and
WHEREAS, since the implementation of this restriction, childhood obesity and diabetes rates have continued to rise and many have become concerned that the restriction could be exacerbating the problem; and
WHEREAS, recent studies indicate that childhood obesity and diabetes may not be linked to fat free and 1% milk;
WHEREAS, other studies have found those who consume whole-fat dairy may have a lower risk for heart disease and Type 2 diabetes, lower blood pressure, an increased satiety without weight gain and better sleep, and
WHEREAS, the removal of these milk options has also had a negative effect on dairy farms throughout upstate New York where milk dumping is on the rise; and
WHEREAS, already facing numerous obstacles in maintaining their viability as a business in recent years, dairy farms have long counted on revenue from milk sales to schools to keep their businesses operational; and
WHEREAS, allowing schools to purchase 2% and whole milk would be beneficial to farmers in New York.
RESOLVED, that the Montgomery County Legislature hereby fully supports Assembly Bill A.9990 and Senate Bill S.8999 to allow New York State-produced whole and 2% milk back into schools and encourages Governor Hochul and the State Legislature to enact the same, and be it further
RESOLVED, that the Clerk of the Legislature is hereby directed to forward a certified copy of this resolution to Governor Hochul, State Senator Hinchey, Assemblyman Santabarbara, the New York State Association of Counties, and all others deemed necessary and proper.
RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
SUPPORTING ASSEMBLY BILL A.9990 AND SENATE BILL S.8999 ALLOWING NEW YORK STATE-PRODUCED WHOLE AND 2% MILK BACK INTO SCHOOLS
II. Justification:
The removal of these milk options has also had a negative effect on dairy farms throughout upstate New York where milk dumping is on the rise.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Charter
IV. Financial Impact:
Support resolution
cc: | County Clerk County Treasurer |
RESOLUTION NO. 138 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION OPPOSING 40 HOUR OVERTIME THRESHOLD FOR NY FARM WORKERS (COUNTY LEGISLATURE)
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WHEREAS, the Labor Department Farm Workers Wage Board voted to recommend that the Labor Commissioner reduce the overtime threshold for NY farm works to 40 hours a week, reducing the threshold by four hours every two years starting in 2024; and
WHEREAS, it has become increasingly difficult to make a profit in farming in New York over the past few years; and
WHEREAS, many farmers are facing the difficult decision of having to close farms, many of which have been in their families for generations, as it is no longer economically feasible to keep these farms going; and
WHEREAS, reducing the overtime threshold will only make it more difficult for these farms to remain open in a landscape that only becomes more and more hostile to farmers.
NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature opposes reducing the overtime threshold for NY farm workers to 40 hours a week and requests that the Commissioner of Labor and Governor Hochul reject the recommendation by the Labor Department Farm Workers Wage Board and take any necessary steps to maintain the overtime threshold as it currently stands; and
BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to send certified copies of this resolution to the Commissioner of Labor and Governor Hochul.
RESOLUTION VOTE, was defeated with Aye(4). Legislators Dimond, Duchessi and Purtell voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
OPPOSING 40 HOUR OVERTIME THRESHOLD FOR NY FARM WORKERS
II. Justification:
The Montgomery County Legislature has been approached by constituents requesting they oppose reducign the overtime threshold for NY farm workers.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Legislature.
IV. Financial Impact:
No impact on the 2022 Operating Budget.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 139 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW AUTHORIZING VIDEOCONFERENCING (COUNTY LEGISLATURE)
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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 B (Local Law 2 of 2022) hereby is submitted to the Legislature of the County of Montgomery for consideration: INTRODUCTORY LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW AUTHORIZING VIDEOCONFERENCING BY THE MONTGOMERY COUNTY LEGISLATURE AND ALL COMMITTEES OF THE MONTGOMERY COUNTY LEGISLATURE BE IT ENACTED by the Legislature of the County of Montgomery as follows: SECTION 1. The purpose of this local law is to authorize the Montgomery County Legislature,all committees of the Montgomery County Legislature, and all boards in Montgomery County to meet by videoconferencing. SECTION 2. That all videoconferences shall be governed by the procedures set forth herein. SECTION 3. 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.
SECTION 4. The in person participation requirements of Section 3 (a) of this law shall not apply during a state disaster emergency declared by the governor pursuant to section twenty-eight of the executive law, or a local state of emergency proclaimed by the Montgomery County Executive pursuant to section twenty-four of the executive law, if the public body determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in person meeting.
RESOLUTION VOTE, was defeated with Aye(0). Legislators Kelly, Sweet, Dimond, Headwell, Jr., Wilson, Duchessi and Purtell voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW AUTHORIZING VIDEOCONFERENCING
II. Justification:
To authorize the Legislature to meet via videoconferencing.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Montgomery County Charter and Public Officers Law Section 103-a.
IV. Financial Impact:
None identified at this time.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 140 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND ASSISTANT PUBLIC DEFENDERS (COUNTY LEGISLATURE)
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NOW THEREFORE BE IT RESOLVED, that Introductory Local Law B (Local Law 2) of 2022 hereby is submitted to the Legislature of the County of Montgomery for consideration:
INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND PUBLIC DEFENDERS
BE IT ENACTED by the Legislature of the County of Montgomery as follows:
Section 1:
The purpose of this local law is to expand residency requirements for Assistant District Attorneys, Social Services Attorneys, Assistant County Attorneys and Assistant Public Defenders to anywhere in New York State. This provision does not apply to the position of 1st Assistant District Attorney or 1st Assistant Public Defender.
Section 2:
The purpose for expanding residency requirements is enhance recruiting.
Section 3:
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 4:
To the extent that this local law is inconsistent with any other laws or regulations, including Public Officers Law § 3 , it shall supersede those laws.
Section 5:
This law shall be effective upon filing with the Secretary of State.
RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND ASSISTANT PUBLIC DEFENDERS
II. Justification:
The Montgomery County Personnel Officer hereby finds that in order to assure an adequate pool of qualified applicants for Assistant District Attorney, Social Services Attorney, Assistant County Attorney and Assistant Public Defenders it is necessary and advisable that individuals holding said position within the County of Montgomery be permitted to reside either within the County of Montgomery or any other county in New York State.
III. Legislative Impact:
Authorized pursuant to Municipal Home Rule Law and Article 2 of the Montgomery County Charter.
IV. Financial Impact:
There is no financial impact.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 141 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION CONFIRMING APPOINTMENTS/TERM OF REPRESENTATIVES TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE
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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, Amy Rogers, who represents the Public Sector, has been recommended by the County Executive to be re-appointed for the term 7/1/2022 through 6/30/2025; and
WHEREAS, Melissa Johnston, who represents the Private Sector, has resigned and it has been recommended by the County Executive to be appoint Laurie Ingleston for the term 7/1/2022 through 6/30/2025; and
WHEREAS, the current board consists as follows:
APPOINTEE | SECTOR REPRESENTING | TERM |
Angela Kehl | Private Sector | 06/30/2023 |
Sandra McDonald | Private Sector | 06/30/2023 |
Marty Callahan | Private Sector | 06/30/2024 |
Pamela Goldswear | Private Sector | 06/30/2024 |
Amy Rogers | Private Sector | 06/30/2022 |
Melissa Johnston | Public Sector | 06/30/2022 |
Jeff Stark | Public Sector | 06/30/2023 |
Kenneth Rose | Public Sector | 06/30/2023 |
Christie Davis | Public Sector | 06/30/2023 |
RESOLVED, the Montgomery County Legislature hereby confirms the following appointments and term of respresentatives to the Fulton, Montgomery and Schoharie Workforce Development Board made by the County Executive; effective immediately:
APPOINTEE | SECTOR REPRESENTING | TERM |
Amy Rogers | Private Sector | 06/30/2025 |
Laurie Ingleston | Public Sector | 06/30/2025 |
RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
CONFIRMING APPOINTMENTS/TERM OF REPRESENTATIVES TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE
II. Justification:
Pursuant to the charter the County Executive has authority to make appointments which the County Legislature confirms.
III. Legislative Impact:
Pursuant to the charter the County Executive has authority to make appointments which the County Legislature confirms.
IV. Financial Impact:
appointment resolution no financial impact
cc: | County Clerk County Treasurer |
RESOLUTION NO. 142 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION AUTHORIZING FMCC TO UTILIZE HEERF III FUNDS AS A MATCH FOR STATE CAPITAL FUNDS REIMBURSEMENT (FMCC)
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WHEREAS, On June 2, FMCC was notified that the New York Division of Budget has authorized the use of Higher Education Emergency Relief (HEERF) funds as the local share for COVID-related capital projects. Colleges’ proposed use of stimulus funds must address COVID-related capital needs to ensure college operations continue safely and effectively, including deferred maintenance projects accelerated to critical maintenance because of newly identified safety needs; and
WHEREAS, any project must abide by all federal rules and timing relating to the proper use of these funds. Colleges must have a sponsor resolution authorizing the project and stating the source of funds (HEERF III); and
WHEREAS, FMCC has identified three projects that would otherwise be submitted as part of the regular capital project funding process. The first is replacement of an air conditioning unit in the lower level of the classroom building that is undersized and has reached the end of its useful life. The project is estimated at $250,000. The second is the replacement of server hardware that supports distance learning technology at a cost of $95,000. The final project is the purchase of laptop computers for faculty for the delivery of distance learning at a cost of $75,000; and
WHEREAS, there is no local sponsor contribution required. FMCC would manage the project, including funding the project and seeking reimbursement from NYS.
NOW, THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized to sign the project finance application with the State University of New York, and be it further
RESOLVED, that this resolution is contingent upon a similar resolution being approved by Fulton County.
RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
AUTHORIZING FMCC TO UTILIZE HEERF III FUNDS AS A MATCH FOR STATE CAPITAL FUNDS REIMBURSEMENT
II. Justification:
FMCC has identified three projects that would otherwise be submitted as part of the regular capital project funding process. The first is replacement of an air conditioning unit in the lower level of the classroom building that is undersized and has reached the end of its useful life. The project is estimated at $250,000. The second is the replacement of server hardware that supports distance learning technology at a cost of $95,000. The final project is the purchase of laptop computers for faculty for the delivery of distance learning at a cost of $75,000
III. Legislative Impact:
The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.
IV. Financial Impact:
There is no impact on the budget.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 143 of 2022 DATED: June 28, 2022 RECOMMENDATION: |
RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON FMCC’S PROPOSED 2022-23 BUDGET (COUNTY LEGISLATURE)
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WHEREAS, the Fulton-Montgomery College Board of Trustees has presented its sponsoring counties with a 2022-23 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 2022-23 budget of Fulton-Montgomery Community College for July 26, 2022 at 5:55 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 Pepe and VACANT were absent. (6/28/2022)
I. Nature of Request:
SETTING THE DATE OF THE PUBLIC HEARING ON FMCC’S PROPOSED 2022-23 BUDGET
II. Justification:
A public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties
III. Legislative Impact:
Authorized pursuant to Article 2 of the Charter.
IV. Financial Impact:
Scheduling of public hearing - contigent upon Fulton County passing the same resolution
cc: | County Clerk County Treasurer |