RESOLUTION NO. 198 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the Department of Social Services currently contracts with IPH, a non-profit organization, who operates Danielle’s House, a homeless shelter in Montgomery County; and

WHEREAS, the Office of Temporary and Disability Assistance Regulation 18 NYCRR 304 (Code Blue) requires counties to pay for emergency shelter services for the protection of vulnerable homeless individuals; and

WHEREAS, Code Blue services are billed separate from the services provided in the current agreement with Danielle’s House; and

RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes, and directs the County Executive to sign and execute an addendum with Interfaith Partnership for the Homeless to the already fully executed agreements for the term(s) of January 1, 2021-December 31, 2021 and January 1, 2022-December 31, 2022 for emergency shelter services, which shall include Code Blue invoicing separately in an amount not to exceed $82,959.82 for January 1, 2021-December 31, 2021 and January 1, 2022-December 31, 2022 terms.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 199 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, by Resolution 69 of 2022, Montgomery County entered into an agreement with Mazone Plumbing and Heating, Inc., Plumbing Contractor, for plumbing renovation services at 1 Venner Road, Amsterdam, New York, for relocation of Health and Human Services offices; and

WHEREAS, due to circumstances out of the control of the contractor and Montgomery County, new plumbing service lines were needed to be installed to service bathrooms in the facility, which were not part of the original contract; and

WHEREAS, Mazone Plumbing and Heating, Inc., Plumbing Contractor for the project's contract needs to be increased by $10,887.77 to cover unforseen plumbing issues within the facility.

RESOLVED, Change Order #1 with Mazone Plumbing and Heating, Inc., Plumbing Contractor- contract is approved as follows:

FURTHER RESOLVED, that the Montgomery County Executive is authorized to sign amendment to contract upon review and approval of the County Attorney.

RESOLUTION VOTE, passed with Aye(5). Legislator Headwell, Jr. voted Nay. Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 200 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management; andWHEREAS, said agreement calls for Montgomery County to provide post closure services and bill the other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage plant, and the City of Amsterdam operates such plant; and

WHEREAS, the City of Amsterdam currently accepts the leachate generated by the landfills; and

WHEREAS, the current contract with the City of Amsterdam which sets forth the terms and provisions for the acceptance of the leachate generated by the landfills for treatement (hereinafter referred to as the "Leachate Agreement") has expired; and

WHEREAS, Montgomery County and the City of Amsterdam are municipal corporations; and

WHEREAS, Montgomery County and the City of Amsterdam will both benefit from the Leachate Agreement.

NOW, THEREFORE, BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign the Leachate Agreement, which is an intermunicipal agreement for leachate disposal, with the City of Amsterdam for a term of three years at the rate of .04 cents per gallon.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 201 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the Department of Public Works along with the Sheriff's Department have under gone a review and determined that certain equipment is surplus and no longer needed for departmental use; and

RESOLVED, that the following items are authorized to be sold on auction to the highest bidder without further action needed by the Montgomery County Legislature:

1. 2010 Chevrolet Bus Vin# 1GBG5V1989F411168

2. 2010 Chevrolet Bus Vin# 1GBG5V1979F411095

3. 2012 Ford Fusion Vin# 3FAHPDHGDCR305332

4. Miscellaneous Culvert Pipe

5. Miscellaneous Scaffolding & Forms

6. Miscellaneous Chainsaws & Equipment

7. Miscellaneous Parts No Longer Needed

8. Storage Trailer

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 202 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, by Resolution 69 of 2022, Montgomery County entered into an agreement with West Winds General Construction, for renovation services at 1 Venner Road, Amsterdam, New York, for relocation of the Health and Human Services offices; and

WHEREAS, due to circumstances out of the control of the contractor and Montgomery County, new plumbing service lines are needed to be installed in the facility, and excavation is required, which was not part of the original contract; and

WHEREAS, West Winds General Construction, Contractor for the project's general constuction contract needs to be increased by $53,725.00 to cover unforseen plumbing issues within the facility.

RESOLVED, Change Order #1 with West Winds General Construction, Contractor- contract is approved as follows:

FURTHER RESOLVED, that the Montgomery County Executive is authorized to sign amendment to contract upon review and approval of the County Attorney.   

RESOLUTION VOTE, passed with Aye(5). Legislator Headwell, Jr. voted Nay. Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 203 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, it is the intent of the Sheriff is to bring the salary of the Technical Communications Coordinator more in line with other similar positions around the state and the local area; and

WHEREAS, increasing the base salary to $53,598 for 2023 and adding $640.07 for the remainder of 2022 will make the position more equitable; and

WHEREAS, after salary survey and review of the duties which include additional supervisory responsibilities and increase demands since the position was originally created, the Personnel Officer concurs that a re-allocation of the title to a higher grade is necessary; and

Resolved, that the Legislature adopts the reallocation of the Technical Communications Coordinator from a Grade I to a Grade J in the CSEA contract; and

Further Resolved, that the Montgomery County Treasurer hereby is authorized and directed to amend the 2022 operating budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 204 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the Sheriff has recommended an hourly rate increase for part-time Deputies and Correction Officers to help keep current employees and attract future employees; and 

RESOLVED, the Montgomery County Legislature approves the proposed pay schedule for part time employees and continues to allow all part time employees to be paid out of a two tiered system.

FURTHER RESOLVED,that the hourly rate for part-time Deputies and Correction Officers shall be as follows:

and, 

FURTHER RESOLVED, that the hourly rate increases will take effect on  November 1, 2022.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 205 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, it is necessary to provide medical services for incarcerated persons at the Montgomery County Jail, and 

WHEREAS, a new law to take effect October 7, 2022 called MAT (Medication Addiction Treatment) requires new services and medications pertaining to Opioid addictions; and

WHEREAS, for continuity of services it is recommended that the MAT contract be handled by our current medical provider at the jail.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, to sign an agreement with Eastern Medical Support, LLC for provision of medical services at the Montgomery County Jail, following review and approval by the County Attorney for 2022 at an increased amount not to exceed $18,750.00 and for 2023, a total of $321,983.18 for a term through December 31, 2023.

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

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 206 of 2022 DATED: September 27, 2022 RECOMMENDATION:

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

WHEREAS, the Montgomery County Deputies have been working hard covering calls, details and conducting Investigations.  They also settled a bargaining agreement increasing thier overtime rate.  These things combined with STOP-DWI money and Court reimbursements have caused our overtime line to run short; and

WHEREAS, this increase in overtime is something that is directly related to operations of the patrol/investigative division;

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

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 207 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the County of Montgomery  has assigned the Sheriff's Office as lead agency and has been awarded the FY2022 Domestic terrorism prevention grant program funds to assist in law enforcement operations throughout Montgomery County; and

WHEREAS, the Sheriff's Office has been notified by the New York State Division of Homeland Security and Emergency Services that Montgomery County has been awarded $172,413.00, with no County match, to assist in law enforcement operations throughout Montgomery County; and

WHEREAS, the Montgomery County Legislature hereby authorizes the acceptance of the FY2022 Domestic Terrorism Prevention Grant Program Grant; and

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney to sign the agreement for FY2022 Domestic Terrorism Prevention Grant Program.

FURTHER RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2022/2023 Operating Budget as follows: 

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 208 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the Personnel Officer has determined that the position of Deputy Personnel Officer warrants a reclassification; and

WHEREAS, after analysis of the changes in the duties and responsibilities of the position Rule XXII of the Montgomery County Civil Service Rules requires that the Personnel Officer allocate the position to an appropriate class; and

WHEREAS, the duties over the years have had material duty changes and said duties are more illustrative of a Safety Coordinator and no longer represent a Deputy Personnel Officer;

RESOVED, the Montgomery County Legislature approves the re-allocation of the deputy Personnel Officer and establishes a Safety Coordinator in Group Q of the Non-Bargaining Policy with a base salary for 2022 of $32,560.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 209 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Montgomery County had a rate of 12.8 individuals per 100,000 diagnosed with Melanoma of the skin in 2021; and

WHEREAS, Montgomery County Personnel is committed to promoting Sun Safety practices to all visitors, employees and departments exposed to UV radiation by encourage employees and visitors to wear sun protective clothing, apply sunscreen with a minimum of SPF 15 and re-apply every two hours to all exposed areas of the skin when swimming or sweating; and

WHEREAS, Montgomery County will promote sun safety practices for both visitors and employees through but not limited to verbal prompts, email reminders, newsletter updates, new employee orientations, yearly in services or flyers or racks in employee shared areas; and,

WHEREAS, visitors and employees will be encouraged to seek out shade often and assess activities and work assignments outdoors, when possible, to include shade materials or avoid or alter peak sun intensity times of 10am – 4pm; and now therefor let it be 

RESOLVED, Montgomery County will enact a Sun Safety policy working with Cancer Prevention in Action, CPIA to provide employees and visitors of Montgomery County buildings with the tools necessary for Sun Safety while at the county buildings, or work sites.

FURTHER RESOLVED, the Montgomery County Legislature hereby adopts the Cancer Preventions Policy - Sun Safety; and

FURTHER RESOLVED, that the Montgomery County Legislature adopts the Cancer Preventions policy as attached hereto and made part hereof.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 210 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Montgomery County currently provides its full time employees with up to 4 hours of leave time for Cancer screening in accordance with Section 159-B of the Civil Service law; and

WHEREAS, Montgomery County Personnel in the continuation of our Wellness initiative, recommends that Montgomery County provide our full-time employees with an additional 4 hours of leave time for Cancer Screening to be used in a separate block of time in an effort to encourage prevention and detection; and

WHEREAS, Montgomery County Personnel Officer further advises that many cancer deaths are preventable through early detection, which significantly increases a person’s option for treatment and survival; and

WHEREAS, Montgomery County Personnel Officer further advises that the cervical cancer incidence rate is 6.3 per 100, 000, the colorectal Cancer incidence rate is 50.4 per 100,000 and Melanoma of the Skin rates is 12.8 per 100,000 in Montgomery County as of November 2021; and

RESOLVED, that the Montgomery County Legislature hereby authorizes the additional 4 hours of leave time for all Cancer screening to further encourage prevention and detection; and

FURTHER RESOLVED, that the Montgomery County Legislature adopts the Cancer Screening Leave policy as attached hereto and made part hereof.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 211 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Local Law 1 of 2013 established the initial legislative districts within Montgomery County, NY; and

WHEREAS,  Article 14 of the Montgomery County Charter sets forth the procedure to reapportionment that shall occur following each regular decennial census; and

WHEREAS,  a Commission on Reapportionment was convened that held multiple meetings that were open to the public to review necessary changes to the legislative districts based on the 2020 census; and

WHEREAS,  the Commission on Reapportionment held a public hearing on July 26, 2022 in the County Legislative Chambers, on  August 12, 2022 in the Village of Canajoharie Village Hall and on August 4, 2022 in the Town of Amsterdam Town Hall on their proposed revisions to the legislative districts; and

WHEREAS, within ninety (90) days of its first meeting the Commission presented a draft map and draft local law to the County Legislature; and

WHEREAS,   within sixty (60) days the County Legislature may vote to make changes to the local law, provided that any changes must be approved by a two-thirds vote of the Legislature; and

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 D (Local Law 4) of 2022 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW D (LOCAL LAW 4 OF 2022) - A LOCAL LAW AMENDING LOCAL LAW 1 OF 2013 TO REESTABLISH LEGISLATIVE DISTRICTS BASED ON THE 2020 CENSUS (LEGISLATURE) 

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1.  Local Law 1 of 2013 is hereby amended to read as follows:

SECTION 2.   The purpose of this local law is to designate the boundaries of the legislative districts within Montgomery County, NY. These boundaries shall give no consideration to political party registration or affiliation and shall keep districts compact and contiguous while also taking into account existing town, city, village and school district lines, election district boundaries, then-current legislative districts as well as geographic features.  Districts are as nearly equal in population as is practicable and are not drawn with the intent or result of denying equal opportunity of racial or language minority groups to participate in the political process.

SECTION 3.   For the purpose of electing County legislators, Montgomery County shall be divided into nine districts. The nine districts within the County of Montgomery are depicted on the two maps attached hereto and made a part hereof and described as follows:

District 1:

All of that portion of Montgomery County, containing the entirety of Town of St. Johnsville, the entirety of the Town of Minden exclusive of the majority of the Village of Fort Plain, and parts of the Town of  Canajoharie, and further described and bounded as follows in its entirety:

Beginning at that point where the Town of St. Johnsville and Town of Palatine borders intersect the boundary of Fulton county; then proceeding generally south along the St. Johnsville/Palatine border to the point where it intersects the boundary of the Town of Minden; then proceeding generally south-east along the Town of Minden/Town of Palatine border to the point where it intersects the boundary of the Village of Fort Plain.Then following along the southern boundary line of the Village of Fort Plain to the point where it intersects the boundary with the Town of Canajoharie and the Town of Minden; then proceeding north along the border between the Town of Minden and the Town of Canajoharie to the point where it intersects the boundary with the Town of Palatine;  then proceeding generally southeast along the border between the Town of Canajoharie and the Town of Palatine to the point where it intersects with the western boundary line of the Village of Canajoharie; then proceeding south along the western boundary of the Village of Canajoharie to the intersection of boundary with Seebers Lane.Then proceeding southwest along the midpoint of Seebers Lane to intersection of Seebers Lane and Fredericks Street;  then proceeding from said intersection along the midpoint of Fredericks Street to the intersection of Fredericks Street and Tollgate Road; then proceeding southeasterly along the midpoint of Tollgate Road to intersection with State Route 10; then south along the midpoint of State Route 10 to the intersection of State Route 10 and State Route 163; then southwest along the midpoint of State Route 163 to the intersection with Herrick Street; then south along the midpoint of Herrick Street to the intersection with W. Ames Road; then east along the midpoint of W Ames Road to the intersection with Macphail Road, then south along the midpoint of Macphail Road to the point where it meets the southern boundary line of Montgomery County; then proceeding west along the southern edge of the boundary line of Montgomery County to where the boundary lines of Montgomery County, Otsego County, and Herkimer County meet;  then proceeding north along the western boundary of Montgomery County to the point where the boundary lines of Montgomery County, Herkimer County, and Fulton County meet; then proceeding east along the northern boundary of Montgomery County to the point where the St. Johnsville/Palatine border intersects the boundary of Fulton County, at the point of origin.

District 2:

All of that portion of Montgomery County, containing parts of the Town of Palatine, Town of Minden, and Town of Mohawk, and further described and bounded in its entirety as follows:

Beginning at that point where the Town of St. Johnsville and Town of Palatine borders intersect the boundary of Fulton county; then proceeding generally south along the St. Johnsville/Palatine border to the point where it intersects the boundary of the Town of Minden; then proceeding generally south-east along the Town of Minden/Town of Palatine border to the point where it intersects the boundary of the Village of Fort Plain.

Then following along the boundary line of the Village of Fort Plain to the point where it intersects the boundary with the Town of Canajoharie and the Town of Minden; then proceeding north along the border between the Town of Minden and the Town of Canajoharie to the point where it intersects the boundary with the Town of Palatine;  then proceeding generally southeast along the border between the Town of Canajoharie and the Town of Palatine to the point where it intersects the western boundary line of the Village of Palatine Bridge.

Then proceeding north along entirety of the northern boundary line of the Village of Palatine Bridge to the point where the eastern boundary of the Village of Palatine Bridge meets the southern boundary of the Town of Palatine at the southwestern corner of census block number 360570726001000; then proceeding east along the southern boundary of the Town of Palatine to point where it meets the boundary line of the Town of Mohawk; then proceeding east along the southern boundary line of the Town of Mohawk until it meets the western border of the Village of Fonda; then proceeding north along the boundary of the Village of Fonda to the intersection of the boundary of the Village of Fonda with State Route 30A; then proceeding north along the centerline of State Highway 30A to the point where it intersects with the boundary line of Fulton County; then proceeding west along the northern border of Montgomery County to the point where the Town of St. Johnsville/Town of Palatine border intersects with  northern border of Montgomery County/southern border of Fulton County, at the point of origin.

District 3:

All of that portion of Montgomery County, containing parts of the Town of Palatine, Town of Canajoharie, and Town of Root, and further described and bounded as follows:

All of the Village of Palatine Bridge, boundaries co-terminus with the boundaries of the Village of Palatine Bridge; all of the Town of Root, boundaries co-terminus with the boundaries of the Town of Root; and the following portions of the Town of Canajoharie:

Bounded beginning at the point where the western boundary line of the Village of Canajoharie meets the southern boundary line of the Village of Palatine Bridge on the western edge of the Village of Canajoharie; then proceeding south along the western boundary of the Village of Canajoharie to the intersection of the boundary of the Village of Canajoharie with Seebers Lane.

Then proceeding southwest along the midpoint of Seebers Lane to intersection of Seebers Lane and Fredericks Street;  then proceeding from said intersection along the midpoint of Fredericks Street to the intersection of Fredericks Street and Tollgate Road; then proceeding southeasterly along the midpoint of Tollgate Road to intersection with State Route 10; then south along the midpoint of State Route 10 to the intersection of State Route 10 and State Route 163; then southwest along the midpoint of State Route 163 to the intersection with Herrick Street; then south along the midpoint of Herrick Street to the intersection with W. Ames Road; then east along the midpoint of W Ames Road to the intersection with Macphail Road, then south along the midpoint of Macphail Road to the point where it meets the southern boundary line of Montgomery County.

Then proceeding east along the southern boundary line of Montgomery County to the point where the southern boundary line of Montgomery County meets the eastern boundary of the Town of Canajoharie; then proceeding north along the eastern boundary line of the Town of Canajoharie to the point where it intersects with the southern boundary of the Town of Palatine; then proceeding west along the southern boundary of the Town of Palatine to the point of origin.

District 4:  

All of that portion of Montgomery County, containing the entirety of the Town of Glen, the entirety of the Town of Charleston, the entirety of the Village of Fonda, the entirety of the Village of Fultonville, and also containing parts of the Town of Mohawk, further described and bounded as follows:

All of the Town of Glen, boundaries co-terminus with the boundaries of the Town of Glen; all of the Town of Charleston, boundaries co-terminus with the boundaries of the Town of Charleston; and the following portion of the Town of Mohawk:

Beginning at the point where State Highway 67 intersects with the southern boundary of Fulton County; then proceeding east along the midpoint of State Highway 67 to the point where it meets Albany Bush Road (County Highway 29); then proceeding southwest along Albany Bush Road to the point where it intersects with Stoner Trail Road (County Highway 28); then proceeding southeast along Stoner Trail Road to the point where it intersects with Getman Road; then proceeding west and then south along Getman Road to the point where it terminates at Old Trail Road (County Highway 30), then proceeding east along Old Trail Road to State Highway 5; then proceeding south-west along State Highway 5 to the point where it meets the northeastern corner of census block 360570722002042; then proceeding south along the eastern boundary of census blocks 360570722002042, 360570722002039, 360570722002040, and 360570722002041 to the point where the southeast corner of census block 360570722002041 meets the northern boundary of the Town of Glen; then proceeding west along the boundary line between the Town of Mohawk and the Town of Glen to the point where it meets the western boundary of the Village of Fonda, then proceeding north along the western boundary of the Village of Fonda to the intersection of the boundary of the Village of Fonda with State Route 30A; then proceeding north along the centerline of State Highway 30A to the point where it intersects with the boundary line of Fulton County; then proceeding east along the boundary line of Fulton County to the point where it intersects State Highway 67, at the point of origin.

District 5:  

All of that portion of Montgomery County, containing the entirety of the Town of Florida, and containing also parts of the City of Amsterdam, Town of Amsterdam, and Town of Mohawk, and further described and bounded as follows:

Beginning at the point where State Highway 67 intersects with the southern boundary of Fulton County; then proceeding east along the midpoint of State Highway 67 to the point where it meets Albany Bush Road (County Highway 29); then proceeding southwest along Albany Bush Road to the point where it intersects with Stoner Trail Road (County Highway 28); then proceeding southeast along Stoner Trail Road to the point where it intersects with Getman Road; then proceeding west and then south along Getman Road to the point where it terminates at Old Trail Road (County Highway 30), then proceeding east along Old Trail Road to State Highway 5; then proceeding south-west along State Highway 5 to the point where it meets the northeastern corner of census block 360570722002042; then proceeding south along the eastern boundary of census blocks 360570722002042, 360570722002039, 360570722002040, and 360570722002041 to the point where the southeast corner of census block 360570722002041 meets the northern boundary of the Town of Glen;

then proceeding east along the boundary line between the Town of Mohawk and the Town of Glen to the midpoint of the place where the boundary lines of the Town of Mohawk, Town of Glen, and Town of Florida meet; then proceeding from said midpoint south along the boundary line between the Town of Florida and the Town of Glen to the midpoint of the place where the boundary lines of the Town of Florida, Town of Glen, and Town of Charleston meet; then proceeding south along the boundary line between the Town of Florida and the Town of Charleston to the point where it meets the boundary line between the Town of Florida and Schenectady County; then proceeding northeast along the Town of Florida boundary line with Schenectady County to the point where it meets the boundary line for the Town of Amsterdam; then proceeding west along the boundary line between the Town of Amsterdam and the Town of Florida to the midpoint of the place where the boundary lines of the Town of Florida, Town of Amsterdam, and City of Amsterdam meet; then proceeding west, then south along the boundary line between the Town of Florida and the City of Amsterdam to the place where it meets State Highway 5S on the eastern border of the City of Amsterdam; then proceeding west along the midpoint of State Highway 5S to the point where it meets Destefano Avenue, then northeasterly then easterly along Destefano Avenue to the place where it meets Barkley School Road; then along Barkley School Road to point where it meets Nolan Place; then along Nolan Place to the point where it meets Perkins Street; then west to the terminus of Perkins street; then northwest along the eastern boundary of census block 360570702003017 to the intersection of “B” Street;  then north along “B” Street  to the intersection of Florida Ave., then west along Florida Ave. to the intersection of Broadway, then westerly on Broadway to the intersection of Queen Anne Road, then northwesterly on Queen Anne Road to the boundary line between the City of Amsterdam and the Town of Florida on the western border of the City of Amsterdam; then proceeding north and west along the boundary line between the City of Amsterdam and the Town of Florida to the point where it  meets the boundary line between the City of Amsterdam, Fort Johnson and the Town of Florida then proceeding generally north then east along the boundary line  of the City of Amsterdam generally north and then east in a zig-zag fashion to the point where it intersects Fairway Lane, then east on Fairway Lane to the intersection of Upper Van Dyke Ave., then north on Upper Van Dyke Ave. to where it meets Golf Course Road (County Highway 18); then proceeding east along Golf Course Road to the point where it meets State Highway 30; then proceeding north along State Highway 30 to the point where it intersects the boundary of Fulton County; then proceeding west along the boundary with Fulton County to the point where it intersects State Highway 67, at the point of origin.

District 6:  

All of that portion of Montgomery County, containing parts of the City of Amsterdam and further described and bounded as follows:

Beginning at the point where Guy Park Avenue Extension meets the boundary line between the City of Amsterdam and the Town of Amsterdam; then proceeding south then east? along the boundary line between the City of Amsterdam and the Town of Florida, to the point where it meets Queen Ann Road; then proceeding from that point southeast along Queen Ann Road to the point where it meets Broadway; then proceeding east along Broadway to the point where it meets the intersection of Florida Ave., then proceeding east along Florida Ave. to the point where it intersects with “B” Street; then  then south along “B” Street to its terminus; then south-easterly along in a straight line along the western boundary of census block 360570702003022 to point where it meets the terminus of Perkins Street; then along Perkins Street to the point where it meets Nolan Place; then southeast along Nolan Place to the point where it meets Barkley School Road; then along Barkley School Road to the point where it meets DeStefano Avenue; then northwest then southwest along DeStefano Avenu to the intersection with State Highway 5S and DeSteFano; then proceeding east along State Highway 5S to the point where it intersects the boundary line between the City of Amsterdam and the Town of Florida on the eastern border of the City of Amsterdam; then proceeding generally north and west along the border of the City of Amsterdam in a zig-zag fashion to the point where East Main Street and Chapman Drive (County Highway 157) intersect the boundary line between the City of Amsterdam and the Town of Amsterdam; then proceeding westerly along the southern border of census block 360570708002020 to the southwest corner of census block 360570708002020, then north and west along census block 360570708002020¬; then west along census block 360570708002017;

Thence north along Vrooman Avenue to the intersection with Hibbard Street; then west on Hibbard Street to the intersection with  Lura Street; then south on Lura Street to the intersection with Lura Lane; then west on Lura Lane to the intersection with Jay Street; then south on Jay Street to the intersection with  Bell Street;  then west on Bell Street to the point where Bell Street meets Reid Street; then proceeding north-easterly on Reid Street until the point where Reid Street meets the south-eastern corner of census block 360570709001002; then proceeding west along the southern boundary of census block 360570709001002 to the point where it meets Cornell Street; then proceeding north-easterly along the midpoint of Cornell Street to the point where it meets Church Street (State Highway 67); then proceeding generally west along Church Street (State Highway 67) to the point where it meets Prospect Street; then proceeding northwest along Prospect Street to the point where it meets Shuler Street, then proceeding southwest along Shuler Street to the point where the Market Street (State Highway 30) north-bound overpass passes over Shuler Street at the southwest corner of census block 360570706002022; then proceeding northeasterly along the Market Street north-bound overpass (State Highway 30) to the point where it merges with the south-bound lane of traffic; then proceeding southwest along the Market Street (State Highway 30) south-bound lane of traffic to the point where it meets Academy Street; then proceeding north-west along Academy Street to the point where it meets Wall Street; then proceeding south-west along Wall Street to the point where it meets Union Street; then proceeding north-west along Union Street to the point where it intersects McDonnell Street; then proceeding south-west along McDonnell Street to the point where it meets Guy Park Avenue; then proceeding north-west along Guy Park Avenue to the midpoint of the intersection of Guy Park Avenue, Clinton Street, and Northampton Road; then proceeding north-east along Northampton Road to the point where it meets Stewart Street; then proceeding west along Stewart Street to the point where it meets Genevieve Street; then proceeding south-west along Genevieve Street to the point where it intersects Guy Park Avenue; then proceeding west along Guy Park Avenue to point where it meets Guy Park Avenue Extension; then proceeding west along Guy Park Avenue Extension to the point where it meets the boundary line between the City of Amsterdam and the Town of Amsterdam, at the point of origin.

District 7:

All of that portion of Montgomery County, containing parts of the City of Amsterdam and the Town of Amsterdam, and further described and bounded as follows:

Beginning at the midpoint of the intersection between Locust Avenue and Lyon Street, then generally east following Lyon Street to the point where Lyon Street meets Clizbe Avenue; then southerly along Clizbe Avenue to the point where Clizbe Avenue meets the south-western terminus of census block 360570707002001; then generally north-east along the southern boundary of census block 360570707002001 to the point where the south-eastern terminus of census block 360570707002001 meets the Boundary of the Town of Amsterdam; then proceeding south along the common boundary of the City of Amsterdam and the Town of Amsterdam to that point where the boundary meets Chapman Drive and East Main Street, then westerly on East Main Street to the southeast corner of census block 360570708002020; then north and west along census block 360570708002020¬; then west along census block 360570708002017 the point where it intersections Vrooman Ave; thence north along Vrooman Avenue to the intersection with Hibbard Street; then west on Hibbard Street to the intersection with Lura Street; then south on Lura Street to the intersection with Lura Lane; then west on Lura Lane to the intersection with Jay Street; then south on Jay Street to the intersection with  Bell Street; then west on Bell Street to the point where Bell Street meets Reid Street; then proceeding north-easterly on Reid Street until that point where Reid Street meets the south-eastern corner of census block 360570709001002; then proceeding west along the southern boundary of census block 360570709001002 to the point where it meets Cornell Street; then proceeding north-easterly along the midpoint of Cornell Street to the point where it meets Church Street (State Highway 67); then proceeding generally west along Church Street (State Highway 67) to the point where it meets Prospect Street; then proceeding north-westerly along Prospect Street to the point where it meets Locust Avenue; then proceeding north-easterly along the midpoint of Locust Avenue to the intersection between Locust Avenue and Lyon Street, at the point of origin.

District 8:  

All of that portion of Montgomery County, containing parts of the City of Amsterdam and the Town of Amsterdam, and further described and bounded as follows:

Beginning at the midpoint of the intersection between Locust Avenue and Lyon Street; then proceeding south along Locust Avenue to the point where it meets Prospect Street; then proceeding north-west along Prospect Street to the point where it meets Shuler Street; then proceeding southwest along Shuler Street to the point where the Market Street (State Highway 30) north-bound overpass passes over Shuler Street at the southwest corner of census block 360570706002022; then proceeding north-easterly along the Market Street north-bound overpass (State Highway 30) to the point where it merges with the south-bound lane of traffic; then proceeding southwest along the Market Street (State Highway 30) south-bound lane of traffic to the point where it meets Academy Street; then proceeding north-west along Academy Street to the point where it meets Wall Street; then proceeding south-west along Wall Street to the point where it meets Union Street; then proceeding north-west along Union Street to the point where it intersects McDonnell Street; then proceeding south-west along McDonnell Street to the point where meets Guy Park Avenue; then proceeding north-west along Guy Park Avenue to the midpoint of the intersection of Guy Park Avenue, Clinton Street, and Northampton Road; then proceeding north-east along Northampton Road to the point where it meets Stewart Street; then proceeding west along Stewart Street to the point where it meets Genevieve Street; then proceeding south-west along Genevieve Street to the point where it intersects Guy Park Avenue; then proceeding west along Guy Park Avenue to the point where it meets Guy Park Avenue Extension; then proceeding west along Guy Park Avenue Extension to the point where it meets the boundary line between the City of Amsterdam and the Town of Amsterdam, then following the boundary line generally north then east, then south to the point where it intersects Fairway Lane, then east on Fairway Lane to the point where it meets Upper Van Dyke Avenue; then proceeding southerly on Upper Van Dyke Avenue and Van Dyke Avenue to the point where Van Dyke Avenue meets Market Street (State Highway 30); then proceeding North along Market Street to where it meets Highland Road; then proceeding East along Highland Road to the point where Highland Road intersects the Boundary between the City of Amsterdam and Town of Amsterdam; then proceeding south-east along the line formed by the Boundary between the City of Amsterdam and Town of Amsterdam until the point where the boundary line shifts north; proceeding then from that point in a zigzag fashion along the southern boundaries of census blocks 360570721003049 and 360570707001016 to the point where the boundary of census block 360570707001016 meets Brookside Avenue; then east along Brookside avenue to the midpoint of the intersection of Brookside Avenue, Locust Avenue and Lyon Street, at the point of origin.

District 9:  

All of that portion of Montgomery County, containing parts of the City of Amsterdam and the Town of Amsterdam, and further described and bounded as follows:

Beginning at that point where State Highway 30 intersects the boundary of Fulton County; then proceeding south along State Highway 30 to that point where State Highway 30 intersects with Golf Course Road (County Highway 18); then proceeding west along Golf Course Road to the point where Golf Course Road meets Upper Van Dyke Avenue; then proceeding southerly on Upper Van Dyke Avenue and Van Dyke Avenue to the point where Van Dyke Avenue meets Market Street (State Highway 30); then proceeding North along Market Street to where it meets Highland Road; then proceeding East along Highland Road to the point where Highland Road intersects the Boundary between the City of Amsterdam and Town of Amsterdam; then proceeding south-east along the line formed by the Boundary between the City of Amsterdam and Town of Amsterdam until the point where the boundary line shifts north; proceeding then from that point in a zigzag fashion along the southern boundaries of census blocks 360570721003049 and 360570707001016 to to the point where the boundary of census block 360570707001016 meets Brookside Avenue; then east along Brookside Avenue to the midpoint of the intersection of Brookside Avenue, Locust Avenue and Lyon Street, then generally east following Lyon Street to the point where Lyon Street meets Clizbe Avenue; then southerly along Clizbe Avenue to the point where Clizbe Avenue meets the south-western terminus of census block 360570707002001; then generally north-east along the southern boundary of census block 360570707002001 to the point where the south-eastern terminus of census block 360570707002001 meets the Boundary of the Town of Amsterdam; then then proceeding generally south in a ziz-zag fashion along the boundary line between the Town of Amsterdam and the City of Amsterdam, to the point where it meets the Town of Florida Boundary line in the Mohawk River; then east proceeding along the boundary between the Town of Amsterdam and the Town of Florida to the point where the Town of Amsterdam boundary line meets the Boundary line with Schenectady County; then proceeding North along the Boundary between the Town of Amsterdam and Schenectady County to the northeastern terminus of the Town of Amsterdam boundary line; then proceeding generally west along the boundary between the Town of Amsterdam and Fulton County to State Highway 30, to the point of origin.

SECTION 4.    To the extent that this local law is inconsistent with other laws it shall supersede those laws.

SECTION 5.  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 6. This local law shall take effect upon filing with the New York State Secretary of State.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 212 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, FMCC is requesting additional furniture and furnishings be added to the Science Labs and Classroom Project; and

WHEREAS, a proposal was received by SCI to add the additional furniture and furnishing back into the project in the amount of $58,634.96, and

WHEREAS, all additional furniture and furnishings fall under NYS Contract #P668367; and

RESOLVED, the Montgomery County Executive, upon review and approval of the County Attorney, is authorized and directed to amend the agreement with SCI to add an additional $58,634.96 to the contract utilizing a portion of the unallocated funds that remain; and 

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

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 213 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, FMCC is requesting AV equipment be purchased and installed into Classrooms C137 and C139 that are included within the Classrooms Phase III Project; and 

WHEREAS, the AV equipment was originally proposed, however, was removed due to estimated costs of the overall project prior to bidding; and 

WHEREAS, proposals were received by Ray Audio Video to add the AV equipment back into the project in the amount of $22,312.65; and 

WHEREAS, all AV equipment will be purchased via NYS Contract #PC67450. 

THEREFORE BE IT RESOLVED, the Montgomery County Executive is authorized and directed, upon review and approval of the County Attorney, to authorize an agreement with Ray Audio Video in the amount  not to exceed $22,312.65 utilizing a portion of the unallocated funds to purchase AV equipment for Classrooms C137 and C139; and

BE IT FURTHER RESOLVED, this resolution is contingent upon a substantially similar resolution being passed by the Fulton County Board of Supervisors.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 214 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the New York State Department of Environmental Conservation and State Office of Parks, Recreation  and Historic Preservation are working on updating the Open Space Conservation Plan; and

WHEREAS, pursuant to Environmental Conservation Law Section 49-0209 each county shall appoint a member to the Regional Advisory Committee that is responsible for providing the State with recommendations on land conservation and policy; and

WHEREAS, the Montgomery County Executive has appointed Joe Slezak who currently works at the Montgomery County Soil and Water District to the committee.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms the appointment of Joe Slezak to the Regional Advisory Committee.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 215 of 2022 DATED: September 27, 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, Montgomery County has a need for renovations of Room 111 and Room 214 in the Montgomery County Annex Building; and

WHEREAS, the meeting rooms are used for various professional meetings including but not limited to Civil Service Examinations, Countywide trainings and Grand Jury; and

WHEREAS, generally the meeting rooms are the first impression of Montgomery County and are lacking appropriate seating, tables and technology.

WHEREAS, renovations are estimated not to exceed $200,000.00; and

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that using $200,000 building projects is an allowable use of the American Rescue Plan funds.

NOW, THEREFORE, BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs using $200,000 of American Rescue Plan funds for the purchase of equipment and completing critical building repairs; and

FURTHER RESOLVED, that the Montgomery County Treasurer be authorized to amend the 2022 Operational Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 216 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; an 

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that a grant to the Village of Canajoharie for infrastructure improvements to Wintergreen Park 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 Village of Canajoharie, in the amount of $300,000 for infrastructure improvements to Wintergreen Park; 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(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 217 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, the contracts for the operations, transportation and disposal of solid waste have increases that take effect on January 1, 2023; and

WHEREAS, Montgomery County's tipping fees are lower than most surrounding municipalities; and

WHEREAS, it was recommended that Montgomery County increase tipping fees by $17.00 per ton to accommodate increased costs.

THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs tipping fees at the Montgomery County transfer stations to be increased by $17.00 per ton.

FURTHER RESOLVED, the tipping fee of $105.00 a ton shall take effect on January 1, 2023.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 218 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, monies have been received from our insurance company that need to be transferred to make necessary repairs; and

WHEREAS, there are invoices that need to be paid using those monies; and

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

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 219 of 2022 DATED: September 27, 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 August 24, 2022 through September 27, 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(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 220 of 2022 DATED: September 27, 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 $50,000 for tourism is an allowable use of American Rescue Plan Funds.; and

WHEREAS, these funds will be used for Elves Night Out, marketing, website updates, planning a half marathon, as well as other initiatives.

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(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 221 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and 

WHEREAS, Montgomery County seeks to maximize use of the funding by providing assistance for projects with multiple sources of funding; and 

WHEREAS, the City of Amsterdam is requesting assistance in the amount of $300,000 contingent on the city obtaining additional project funding in the amount of $625,000 for a Brownfields Opportunity Area (BOA) project in the city’s west end in the vicinity of 399 West Main Street in Amsterdam ; and 

WHEREAS, the following documents are attached to, and made part of, this resolution:

• September 9, 2022 correspondence from City Engineer Mike Clark describing the exact nature of endangered physical structure at 399 West Main Street as it exists today, including drone aerial photo of the building
• September 12, 2022 correspondence from Mayor Michael Cinquanti describing the project budget and financing
• September 15, 2022 Notice of Unsafe Building, Case #AFD 15-8695 signed by City Fire Chief Anthony Agresta
• September 15 correspondence from Amanda Bearcroft, Director of Community and Economic Development, outlining the City’s efforts to address the issues at 399 West Main Street
• September 15 correspondence from Nick Zabawsky, City of Amsterdam Urban Renewal Agency, outlining the importance of demolishing the structure at 399 West Main Street

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the City of Amsterdam, in the amount of $300,000 contingent on the City obtaining additional project funding for a Brownfields Opportunity Area (BOA) project in the City’s west end in the vicinity of 399 West Main Street in the City of Amsterdam; 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(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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RESOLUTION NO. 222 of 2022 DATED: September 27, 2022 RECOMMENDATION:

WHEREAS, Montgomery County Tourism and DISCAP wish to host the Blues at Burbine disc golf event, a Professional Disc Golf Association (PDGA) certified C-Tier event, which will attract amateur and professional disc golfers from the Capital District, Central New York, the Southern Tier, and beyond to the Thomas H. Burbine Memorial Forest; and

WHEREAS, this event also will have  informational tables, a beer tent, and an award ceremony concluding play; and

WHEREAS,  the Montgomery County Legislature supports events like the Blues at Burbine which bring people into Montgomery County.

BE IT  RESOLVED, that the Montgomery County Legislature authorizes hosting a tournament / event at the grounds of the Thomas H. Burbine Memorial Forest on October 22, 2022 with a disc golf tournmanet,  informational tables, beer tent, and an award ceremony concluding play.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (9/27/2022)

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