RESOLUTION NO. 274 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the counties of Montgomery, Otsego and Schoharie and the Cities of Rome and Utica  entered into an Intermunicipal Agreement dated as of October 21, 2016 to create a  land bank, which was later amended by the  First Amendment to Intermunicipal Agreement entered into in 2019 (the “Intermunicipal Agreement”); and

WHEREAS, the Land Bank has requested that the members of the Land Bank enter into a Second Amendment to the Intermunicipal Agremeent to extend the term, which will also provide for automatic extensions every three years unless otherwise terminated in accordance with its terms; 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 LAW D (LOCAL LAW F OF 2022) hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LAW D (LOCAL LAW F OF 2022) - A LOCAL LAW AUTHORIZING THE COUNTY EXECUTIVE TO SIGN THE SECOND AMENDMENT TO INTERMUNICIPAL AGREEMENT AMONG THE COUNTIES OF MONTGOMERY, OTSEGO AND SCHOHARIE AND THE CITIES OF ROME AND UTICA FOR THE PURPOSE OF RENEWING THE INTERMUNICIPAL AGREEMENT

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

SECTION 1. The purpose of this local law is to provide for ease of administration of the Greater Mohawk Valley Land Bank.

SECTION 2.  The Montgomery County Executive is authorized and directed to enter into the second Amendment to the Intermunicipal Agreement among the counties of Montgomery, Otsego and Schoharie and the cities of Rome and Utica for the purpose of renewing the Intermunicipal Agreement and to allow the term to be renewed automatically every three years unless it is terminated in accordance with its terms.

SECTION 3.   To the extent that this local law is inconsistent with other laws it shall supersede those laws.

SECTION 4.  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 5.  This local law shall take effect upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 275 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the Mental Health Department has increased expenses for Court Ordered Mental Health Services in the Mental Health Department budget; and

WHEREAS, Montgomery County is required to pay 100% of the cost of individuals ordered into state operated forensic mental health centers; and

WHEREAS, the 2022 Operating Budget for the Mental Health Department only appropriated $70,000 for such expenses; and

WHEREAS, Resolution 175 of 2022 added an additional $150,000; and

WHEREAS, most of those funds have been expended, with approximately $23,500 remaining; and

WHEREAS, the NYS Office of Mental Health is vouchering Montgomery County for December expenses and additional funds will be required to cover costs.

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

RESOLUTION VOTE, was defeated with Aye(5). Legislator Headwell, Jr. voted Nay. Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 276 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS,  pursuant to §3.02 and §3.03 of the Montgomery County Charter, the County Executive has the power to make appointments; and

WHEREAS,  pursuant to §10.01 of the Montgomery County Charter there shall be a Department of Social Services under the direction of a Commissioner who shall be appointed by the County Executive to a five year term subject to confirmation by the County Legislature; and

WHEREAS,  Resolution 163 of 2021 appointed Michael McMahon to a five year term commencing June 8, 2021 and ending on June 7, 2026; and

WHEREAS,  Commissioner McMahon has resigned from his position and it is necessary to fill the position; and

WHEREAS, pursuant to §10.01 of the Montgomery County Charter the Commissioner of Social Services shall be appointed on the basis of his or her administrative experience and qualifications for the duties of the office for the term provided by law; and

WHEREAS, pursuant to §10.02 of the Montgomery County Charter the Commissioner of Social Services shall perform the duties prescribed by law and such additional and related duties as are required by the County Executive.

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees; and

WHEREAS, the County Executive appointed Thomas Lippie as the Acting Commissioner of Social Services on the basis of his training and experience in social services administration and other qualifications for the responsibilities of his office; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of Thomas Lippie; and

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature; and

WHEREAS, Montgomery County conferred the benefits of defense and indemnification of its officers and employees pursuant to Section 18 of the Public Officers Law by the adoption of Local Law #2 of 1984.

RESOLVED, that the Montogmery County Legislature approves the appointment of Thomas Lippie as Acting Commissioner of Social Services; and

FURTHER RESOLVED, that the Montgomery County Legislature hereby confirms the appointment of Thomas Lippie as Acting Commissioner of Social Services through June 30, 2023.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 277 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the position of Commissioner of Health and Human Services was created in the 2023 operating budget; and

WHEREAS,  it is necessary to appoint a Commissioner of Health and Human Services; and

WHEREAS,  pursuant to §3.02 and §3.03 of the Montgomery County Charter, the County Executive has the power to make appointments; and 

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and 

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees; and 

WHEREAS, the County Executive appointed Matthew Beck. as the Commissioner of Health and Human Services on the basis of the required experience and other qualifications appropriate to the responsibilities as set forth by Civil Service; and 

WHEREAS, the Montgomery County Legislature has undergone a committee review of Matthew Beck.; and 

WHEREAS, the Montgomery County Legislature has approved the appointment of Matthew Beck as the Commissioner of Health and Human Services; and 

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature. 

THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms the appointment of Matthew Beck as the Commissioner of Health and Human Services; and 

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Matthew Beck as the Commissioner of Health and Human Services for any acts or omissions while acting within the scope of his duties as the Commissioner of Health and Human Services.

RESOLUTION VOTE, passed with Aye(5). Legislator Headwell, Jr. voted Nay. Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 278 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the Department of Social Services continues to see an increase in need for various services, such as programs for Raise the Age, Services for Recipients, Family Assistance, and Daycare Programs; and

WHEREAS, a change in the percentage of eligibility has made it so more families qualify for services; and

WHEREAS, these increases have caused a need for the Department to transfer funds to certain lines in the 2022 budget; and

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 Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 279 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the Sheriff's Office has purchased a new snowmobile trailer to replace a 2010 outdated model and we have determined that the 2010 model is surplus equipment and no longer needed for office use; and

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

1. 2010 North trailer Vin# 49CFR571115 (snowmobile trailer)

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 280 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the Executive Director of Youth & Veterans' Services has recommended that Montgomery County continue to transport Fulton County veterans to and from the VA Medical Center in Albany, NY and the VA Primary Care Clinic in Fonda, NY; and

WHEREAS, municipal corporations have the power to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis; and

WHEREAS, the proposed agreement would benefit both Montgomery County and Fulton County.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign a renewal agreement for the transportation of Fulton County veterans to and from the VA Medical Center in Albany, NY and the VA Primary Care Clinic in Fonda, NY; and

FURTHER RESOLVED, that said Agreement shall be for a one-year period beginning on January 1, 2023 and ending on December 31, 2023, and

FURTHER RESOLVED, that said Agreement shall provide for transportation of Fulton County veterans, depending upon availability of space, at a charge of $30.00 each way to the VA Medical Center in Albany, NY and at $15 each way to the VA Primary Care Clinic in Fonda, NY.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 281 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the 2022 Operating Budget designated funds for indigent veteran burials; and

WHEREAS, the Montgomery County Veterans’ Service Agency has received two additional burials; and 

WHEREAS, additional funds in the amount of $4,800 are needed to pay for indigent veteran burials in 2022.

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

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 282 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS,  under the provisions of Article 30 of the NYS Health Law counties are permitted to establish and operate an ambulance service; and

WHEREAS, the County of Montgomery has determined that it is necessary and appropriate and in the best interest of the public safety and welfare to obtain a certificate of need to Establish an Operating Authority, in connection with the provision of Ambulance Services for the residents of Montgomery County, NY pursuant to General Municipal Law Section 122-b and;

WHEREAS, the Montgomery County Legislature has determined that this establishing and operating an ambulance service will benefit Montgomery County residents; and

WHEREAS, the coverage of Emergency Medical Services (EMS) Ambulance Service will encompass the entire geographic area within the borders of Montgomery County, NY; and

WHEREAS, in order to do so it is necessary to apply for a Certificate of Need; and

WHEREAS, the initial plan under the Certificate of Need would be to establish a fly car and operate as a Basic Life Support (BLS) service,with the intention to review and refine the plan under the next two years under the Certificate of Need and potentially upgrade to an Advanced Life Support (ALS) service; and

WHEREAS, the deputies that will be used for this fly car proposal are already certified as EMT/Paramedics and would only be acting if working and not busy with an already law enforcement function.

RESOLVED, that the Montgomery County Legislature hereby determines it is necessary and appropriate and in the best interest of the public safety and welfare to establish, contract for and/or operate an ambulance service in Montgomery County; and

FURTHER RESOLVED,  the boundaries for the service shall encompass the entire geographic area within the borders of Montgomery County; and 

FURTHER RESOLVED, authorizes and directs that the necessary steps be taken to receive a Certificate of Need to operate an ambulance service in Montgomery County, NY ; and

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes the Montgomery County Executive to execute any all documents necessary to obtain a Municipal Certificate of Need to establish an Ambulance Service Operating Authority for Montgomery County, N.Y. and file them with the appropriate authorities and;

FURTHER RESOLVED, that when appropriate notice of the application for the certificate of need shall be sent by registered or certified mail to the NYS Department of Health, the regional council, to the chief executive officers of all general hospitals, ambulance service and municipalities operating within Montgomery County giving an opportunity for comment; and

 FURTHER RESOLVED,  this resolution shall take effect  immediately upon approval by the Regional Medical Services Council.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 283 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, Resolution 215 of 2022 authorized the funding for renovations and updates to several meeting rooms within the Annex Building; and

WHEREAS, the Personnel Officer is requesting that the funds allocated be re-allocated into more appropriate lines within the Personnel Budget to fund said project; and

RESOVLED, that the Montgomery County Legislature authorize the County Treasurer to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 284 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, NYS Civil Service is requiring a clarification to the duties of the Deputy Public Works Commissioner; and 

WHEREAS, County Law 401 gives the Montgomery County Legislature the authority to authorize a Department head to appoint one or more deputies, who shall perform such duties not inconsistent with law as shall be assigned to them by the appointing officer and who shall possess the powers and perform the duties of the principal  in the event of their absence; and

WHEREAS, the Montgomery County Legislature has authorized the Public Works Commissioner to appoint said deputy for many years.

RESOLVED,  as set forth in County Law 401, the Deputy Commissioner of Public  has the authority to perform such duties not inconsistent with law as shall be assigned to them by the Public Works Commissioner and shall possess the powers and perform the duties of the Public Works Commissioner in the event of their absence.

RESOLUTION VOTE, passed with Aye(5). Legislator Sweet voted Nay. Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

MOTION TO RESCIND by Legislator Headwell, Jr., seconded by Legislator Purtell, was defeated with Aye(4). Legislators Kelly and Sweet voted Nay. Legislators Dimond, Duchessi and VACANT were absent.(12/27/2022)

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RESOLUTION NO. 285 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, pursuant to the Montgomery County Charter § 2.05, the County Legislature shall on the first Tuesday, after the first Monday in January of each year, meet and organize by election from among its members a Chair, a Deputy Chair and such other legislative officials as it deems appropriate. The Chair shall appoint members of the County Legislature to serve on such legislative committees as are provided by the rules of the County Legislature.

RESOLVED, that the Clerk of the Legislature shall give notice that the Organizational Meeting for the Montgomery County Legislature is hereby scheduled for January 3, 2023 at 6:00 pm in the Legislative Chambers, 64 Broadway, Fonda, NY.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 286 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, due to the increase in the number of elections for 2022, a transfer of funds is necessary to cover Election Workers payroll line.

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

MOTION TO AMEND the RESOLVED clause as follows:

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

by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent.(12/27/2022)

RESOLUTION VOTE, was defeated with Aye(4). Legislators Kelly and Headwell, Jr. voted Nay. Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

MOTION TO RECONSIDER by Legislator Kelly, seconded by Legislator Sweet, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

RESOLUTION VOTE, passed with Aye(5). Legislator Headwell, Jr. voted Nay. Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 287 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, Resolution 165 of 2020 authorized Montgomery County to expand services under the current contract with Info Quick Solutions, Inc. to provide online searching at a $5.00 per document fee; and

WHEREAS, upon the completion of a records digitization project, there are many more records now available to be searched online; and

WHEREAS, after researching other counties online searching fees, the County Clerk recommends removing the $5.00 per document fee and establishing a daily and monthly subscription fee as follows:

• Daily Fee: $15/day + .65 per page
• 30 Day Fee: $55 + .65 per page

WHEREAS, the fees will be collected by Info Quick Solutions, Inc., with a 70% share of said fees going to the County Clerk's office; and now, therefore be it

RESOLVED, that the County Executive is hereby authorized and directed to sign a contract amendment with Info Quick Solutions, Inc., after review and approval of the County Attorney, to change the online searching services fees, with 70% of the fees going to the County Clerk's office.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 288 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the county's current Property, General Liability and Insurance policies expire on January 1, 2023; and

WHEREAS, at the recommendation of the County’s Broker, Cool Insuring Agency, Inc., it is the desire of the County to maintain insurance including Property and General Liability Insurance through NYMIR, and crime insurance through Travelers; and 

RESOLVED, that the County Executive, following the review and approval by the County Attorney, is hereby authorized and directed to sign a contract  for the provision of insurance including Property and General Liability policies through NYMIR at a cost not to exceed $517,595, and crime insurance through Travelers at a cost not to exceed $5,928 for a term from January 1, 2023 through January 1, 2024.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 289 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the 2023 Operating Budget includes appropriations of $209,000.00 for the Montgomery County Soil and Water Conservation District in accordance with Section 223 of County Law to provide funds to assist said agency in maintaining said District under the provisions of the New York State Soil Conservation District Law; and

WHEREAS, Soil and Water shall provide trail maintenance and additional work at the Burbine Forest.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney, to execute agreements with the Montgomery County Soil and Water Conservation District for the aforementioned services at a cost not to exceed $209,000.

FURTHER RESOLVED, said contract shall be effective January 1, 2023 - December 31, 2023.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 290 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, Office for the Aging, Inc. provides services to the Montgomery County residents, age 60 and older, who meet eligibility criteria; and

WHEREAS, Montgomery County and Office for the Aging, Inc. share a mutual concern for the well-being of the residents; and

WHEREAS, the Montgomery County Legislature has budgeted funds to assist Office for the Aging in maintaining programs to benefit said residents, in an amount not to exceed $352,000.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, to sign an agreement with Office for the Aging, Inc. in the amount of $352,000.

FURTHER RESOLVED, said contract shall be effective January 1, 2023 - December 31, 2023.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 291 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the 2023 Operating Budget includes appropriations of $84,975 for the Cornell Cooperative Extension of Fulton and Montgomery Counties to provide funds to assist said agency in maintaining programs to benefit Montgomery County residents.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to execute an agreement with Cornell Cooperative Extension of Fulton and Montgomery Counties for services provided under Subdivision 8 of Section 224 of County Law of the State of New York at a cost not to exceed $84,975.

FURTHER RESOLVED, said contract shall be effective January 1, 2023 - December 31, 2023.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 292 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, Local Law 11 of 1987 provided for the collection of delinquent village taxes by the Montgomery County Treasurer; and

WHEREAS,  Real Property Law Section 1442 requires that the Montgomery County Legislature direct that these delinquent taxes be relevied.

RESOLVED, that the Montgomery County Legislature hereby approves the relevy, effective December 22, 2022, of delinquent School Taxes, Village Taxes, Water Rents, including the Harrower Water District and Towns of Florida & Glen Water Districts, and Sewer Taxes, including the Town of Amsterdam Sewer Services Area and Montgomery County Sanitary Sewer District No. 1, in equal installments on the January 2023 Town Tax Rolls.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 293 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, an online auction of certain County-owned real property was held on from Wednesday, November 23, 2022 through Wednesday, December 14, 2022; and

WHEREAS, the respective successful bidders were as follows: 

WHEREAS, successful bids meet the terms and conditions of said auction and have been reviewed by the County Treasurer.

RESOLVED, that the County Treasurer hereby is authorized and directed to execute Quit Claim Deeds, for each of the aforementioned parcels, in the names of the successful bidders, and

FURTHER RESOLVED, that failure to comply with the foregoing provisions shall result in non-compliance with the terms and conditions of the auction, forfeiture of the initial deposit and loss of property, and

FURTHER RESOLVED, that such non-compliance also shall result in notification to the recorded second bidder, to determine interest in said property.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 294 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature adopted a Non-Bargaining policy for Elected Officals by Resolution 62 or 2016; and

WHEREAS, a salary study has been completed and the Personnel Officer is recommending a revision in salaries before the start of new elected terms of office; and

WHEREAS, the Personnel Officer has completed this review and recommends that the salary for the Montgomery County Clerk be revised to $86,400 and the salary for the Montgomery County Sheriff be revised to $113,400.

NOW THEREFORE BE IT RESOLVED, the Montgomery County Legislature authorizes that the salary for the Montgomery County Clerk be revised to $86,400 and the salary for the Montgomery County Sheriff be revised to $113,400; and

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

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 295 of 2022 DATED: December 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 November 23, 2022 through December 22, 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 Dimond, Duchessi and VACANT were absent. (12/27/2022)

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RESOLUTION NO. 296 of 2022 DATED: December 27, 2022 RECOMMENDATION:

WHEREAS, Resolution #236 of 2021 authorized the issuance of $320,00.00 serial bonds and the appropriation of $129,200.00 of the Sanitary District No.1 fund balance to finance the cost of the generator replacement project at the Main Plant; and

WHEREAS, Resolution #238 of 2021 authorized KB Group of NY, Inc. DBA Prime AE Group of NY to prepare design specifications, solicit bids, and oversee the contruction phase of said projects at a fee not to exceed $33,000.00; and

WHEREAS, an advertisement for bids was placed and bids were opened on December 1, 2022.

WHEREAS, KB Group of NY, Inc. DBA Prime AE Group of NY along with the Sanitary District Board have reviewed all bids and made a recommendation of awarding the bid to the lowest responsive responsible bidder Stilsing Electric Inc. at a cost not to exceed $396,000.00; and

WHEREAS, a transfer of funds from the Sanitary District fund balance is needed to help cover the cost of the project and additional engineering fees.

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

FURTHER RESOLVED, Montgomery County Executive is hereby authorized and directed to sign an agreement with Stilsing Electric Inc. to replace the generator at the Main Plant at a cost not to exceed $396,000.00.

RESOLUTION VOTE, passed with Aye(6). Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

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