RESOLUTION NO. 242 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, the Village of Canajoharie and Montgomery County have an interest in revitalizing urban areas and stabilizing neighborhoods; and

WHEREAS, the Village of Canajoharie was awarded a total of $6,500,000 in Restore NY Communities grant funds for the purpose of revitalizing the Exit 29 site which is owned by the County; and

WHEREAS, in order to carry out said tasks and goals associated with the awarded funds the County solicited a RFP for Beech-Nut Plant Demolition – Western Plant Buildings and responses were received; and

WHEREAS, LiRo Engineers, Inc., the company who has been providing engineering services for the Exit 29 Redevelopment Project, recommends that a contract be awarded to Ritter and Paratore Contracting, Inc. as a qualified vendor with the best quality services at the lowest possible cost; and 

WHEREAS, Ritter and Paratore Contracting, Inc. has provided sufficient qualification and explanation of their bid to LiRo during an interview to assess their understanding of the bid documents..

RESOLVED, the Montgomery County Legislature hereby authorizes awarding a of a contract to Ritter and Paratore Contracting, Inc. at a cost not to exceed $4,072,741.00 for demolition services as outlined in the RFP for the Beech-Nut Plant Demolition – Western Plant Buildings; and

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign the aforementioned contract.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 244 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Department of Public Works purchases gas and diesel for department operations, as well as that of other departments; and

WHEREAS, the Commissioner of Public Works budgeted $420,000 for gas and diesel for the 2022 Operating Year; and

WHEREAS, due to the severe increases in fuel prices for 2022, funds have been depleted and appropriations need to be increased to operate through the end of this budget year.

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

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr., to change the

NOW, THEREFORE, BE IT RESOLVED clause as follows:

passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent.(12/6/2022)

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 247 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, resolution #53 of 2022 awards bids for materials and/or professional services to the lowest responsible , responsive bidder with an option to exctend the contracts for a period of one (1) year per the 2022 bid specifications; and

WHEREAS, Callanan Industries, Inc is listed as a responsible, reponsive bidder for paving on the County's request for bids; and

WHEREAS, the Sanitary District No.1 Board of Directors approves of the project and the appropriation of District fund balance to finance the project.

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

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 269 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for the remaining demolition of theBeech Nut site within the County (the “Project”); and

WHEREAS, the County Legislature desires to approve the method of financing the cost of the Project;

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows:

SECTION 1
Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes financing of the Project. The maximum aggregate cost of the above Project, is hereby estimated to be $4,300,000.00, which shall initially be paid from the issuance of $4,300,000.00 serial bonds to finance such costs.

SECTION 2

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes is ten (10) years pursuant to Section 11.00(a)(12-a)(b) of the Law.

SECTION 3
The plan of financing includes the issuance of $4,300,000.00 serial bonds and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing.

SECTION 4
The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above.

SECTION 5
The proposed average maturity date of the bonds authorized pursuant to this resolution is not expected to exceed five (5) years.

SECTION 6
The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose.

SECTION 7
The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation.

SECTION 8
Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with
respect to such project.

SECTION 9
Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year.

SECTION 10
Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and
prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds.

SECTION 11
All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters, feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds.

SECTION 12
The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if:
(a) Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or
(b) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or
(c) Such obligations are authorized in violation of the provisions of the constitution.

SECTION 13
This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law.

SECTION 14
This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 270 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, quotes were received for excess workers compensation coverage and it has been recommended by the Personnel Officer and triad, our TPA/Broker that Montgomery County renew our contract with Midwest Employers Casualty Co. for excess workers compensation coverage; and

WHEREAS, the Personnel officer along with Triad recommends entering into a two (2) year contract with a Premium Rate (per $100.00 payroll) lock of 0.4478% ; and

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval from the County Attorney, to sign said agreement with Midwest Employers Casualty Co. in the amount of $169,509 based on 2023 projected payroll.

FURTHER RESOLVED, that said renewal agreement shall be effective January 1, 2023 ending December 31, 2024.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 271 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, the agreement with Matrix/Araya is is set to expire on December 31, 2022; and

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to utilize the pharmacy benefit services provided by Matrix/Araya; and 

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign said agreement with Matrix/Araya with the fee schedule attached hereto and made a part hereof; and 

FURTHER RESOLVED, that said agreement shall be effective January 1, 2023 and ending December 31, 2023.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 272 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, the agreement with Davis Vision is set to expire on December 31, 2022; and

WHEREAS, it is recommended by the Personnel Officer that the agreement with Davis Vision be renewed.

WHEREAS, the contractual benefits will remain unchanged through December 31, 2026; and

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive following review and approval by the County Attorney to sign an agreement with Davis Vision at a rate of .29¢ per employee per month. 

FURTHER RESOLVED, said agreement shall be effective January 1, 2023 through December 31, 2026.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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RESOLUTION NO. 273 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, Personnel authorized our medical carrier MVP to shop our stop loss coverage and after going out to the market, Tokio Marine is the most competitive in relation to exposure; and

WHEREAS, for the same coverage, the total annual fixed cost to the county will be $193,661. That is a 12% decrease over 2022 rates or an annual savings of $26,804.

WHEREAS, it is therefore recommended by the Personnel Officer that Montgomery County change current carriers from HM Life to Tokio Marine for medical and prescription stop loss coverage in the event individual claims reach $350,000; and

RESOLVED, that the County Executive, following the review and approval by the County Attorney is authorized and directed to sign an agreement with Tokio Marine HCC Insurance Company for the provision of stop loss coverage at a cost not to exceed $193,661.00; and

FURTHER RESOLVED, that said agreement shall be effective January 1, 2023 through December 31, 2023. 

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

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