RESOLUTION NO. 1 of 2023 DATED: January 3, 2023 RECOMMENDATION:

RESOLVED, that Legislator_____________ hereby is elected Chairman of the Montgomery County Legislature for the year 2023, and

FURTHER RESOLVED, that the annual salary of said Chairman hereby is fixed in the amount of $15,000.00.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Pepe, to insert the name of Brian Sweet in the RESOLVED CLAUSE was defeated with Aye(3). Legislators Kelly, Sweet, Allen, Kowalczyk and Purtell voted Nay. Legislator Duchessi was absent.(1/3/2023)

MOTION TO AMEND by Legislator Sweet, seconded by Legislator Kowalczyk, to insert the name of Robert Purtell in the RESOLVED CLAUSE passed with Aye(5). Legislators Headwell, Jr., Wilson and Pepe voted Nay. Legislator Duchessi was absent.(1/3/2023)

RESOLUTION VOTE, passed with Aye(5). Legislators Headwell, Jr., Wilson and Pepe voted Nay. Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 2 of 2023 DATED: January 3, 2023 RECOMMENDATION:

WHEREAS, pursuant to the Montgomery County Charter, § 2.06, the County Legislature shall, at its first organizational meeting, and every three years thereafter, appoint a Clerk who shall serve until his or her successor is appointed.  

RESOLVED, that pursuant to Section 475 of County Law , _________________ is hereby appointed Clerk of the Montgomery County Legislature effective January 1, 2023 at an annual base salary of $61,931.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Sweet, to insert the name of Cheryl Reese in the RESOLVED CLAUSE passed with Aye(8). Legislator Duchessi was absent.(1/3/2023)

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 3 of 2023 DATED: January 3, 2023 RECOMMENDATION:

RESOLVED, that Legislator __________ hereby is elected Deputy Chairman of the Montgomery County Legislature for the year 2023, and

FURTHER RESOLVED, that the annual salary of said Deputy Chairman hereby is fixed in the amount of $10,000.00, and

FURTHER RESOLVED, that said Deputy Chairman shall exercise the authority granted to the Chairman of the Montgomery County Legislature in the Chairman's absence.

MOTION TO AMEND by Legislator Purtell, seconded by Legislator Headwell, Jr., passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 4 of 2023 DATED: January 3, 2023 RECOMMENDATION:

WHEREAS, according to Section 212 of County Law, the Legislature shall designate the banks, bankers or banking associates for deposit of all County funds received by the County Treasurer heretofore according to law; and

WHEREAS, the Legislature, in accordance with said section, shall likewise specify the name of each so designated and the maximum amount, which may be kept on deposit therein at any one time in the name of said County Treasurer,

RESOLVED, that pursuant to Section 212 of County Law, the following banks are hereby designated by the Montgomery County Legislature as an depositories for the deposit of County funds by the County Treasurer of this County and deposited in the name of said County Treasurer for the year 2023, namely:

NBT BANK, FONDA BRANCH, FONDA, NY
JP MORGAN CHASE BANK, 12 CORPORATE WOODS BLVD., ALBANY, NY
COMMUNITY BANK, 1 HUDSON STREET, KINDERHOOK, NY
GREENE COUNTY COMMERCIAL BANK, 425 MAIN STREET, CATSKILL, NY
KEY BANK, N.A., AMSTERDAM BRANCH, AMSTERDAM, NY
NYCLASS (New York Cooperative Liquid Assest Securities System)

FURTHER RESOLVED, that the maximum amount of County funds which may be kept on deposit in said depositories at any one time in the name of the County Treasurer be and the same hereby is fixed and determined as follows:

NBT BANK, FONDA BRANCH, FONDA, NY $25,000,000
JP MORGAN CHASE BANK, 12 CORP. WOODS BLVD., ALBANY, NY $20,000,000
COMMUNITY BANK, KINDERHOOK, NY  $10,000,000
GREENE COUNTY COMMERCIAL BANK, CATSKILL, NY  $15,000,000
KEY BANK, N.A., AMSTERDAM BRANCH, AMSTERDAM, NY $10,000,000
NYCLASS (New York Cooperative Liquid Assest Securities System) $20,000,000

FURTHER RESOLVED, that said depositories shall give good and sufficient collateral as prescribed by law, as security for the amount so deposited in said depository, the amount thereof to be at least equal to the amount hereby authorized to be deposited by said bank on behalf of the County Treasurer shall also be approved as to the amount by the County Treasurer; and

FURTHER RESOLVED, that such designated depositories may execute their own undertaking and deposit on behalf of the County Treasurer outstanding unmatured bonds or other obligation of the United States of America, the State of New York, or of any County, Town, Village or School District in the State of New York, to the amount on deposit, less the amount certified by the depository as covered by insurance under the Federal Depositor Insurance Act as pursuant to Section 212, Subdivision 6 of the County Law of the State of New York, subject to approval of said County Attorney and said County Treasurer.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 5 of 2023 DATED: January 3, 2023 RECOMMENDATION:

RESOLVED, that the Rules of Procedure, as attached hereto, hereby are adopted by the Montgomery County Legislature for 2023, or until amended by Resolution.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 6 of 2023 DATED: January 3, 2023 RECOMMENDATION:

WHEREAS, Section 214, Subdivision 2 of the County Law requires that the County Legislature shall annually designate newspaper for the publication of all local laws, legal notices, advertisements for bids and other matters required by law to be published,

RESOLVED, that the Montgomery County Legislature hereby designates the following newspaper, for the above purpose, for 2023:

• The Recorder

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 7 of 2023 DATED: January 3, 2023 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature is authorized annually to delegate an official responsible for the payment of bills upon the audit of the appropriate municipal corporation the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and to cover tax credits/refunds, in an amount less than $2,500; and

WHERAS, the Montgomery County Legislature chooses to delegate this power to the County Auditor; and

WHEREAS, the Real Property Director maintains responsibility for investigating each Erroneous Assessment application and for making recommendations regarding said applications.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature chooses to delegate the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and cover tax credits/refunds, in an amount less than $2,500, to the County Auditor; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature retains the authority to determine action regarding all instances in which said Director of Real Property recommends application denial and in all instances where a recommended correction exceeds $2,500; and

BE IT FURTHER RESOLVED, when the Real Property Director makes a recommended correction that does not $2,500, the Real Property Director shall transmit the written Report of Investigation to the County Auditor, together with both copies of the application; and

BE IT FURTHER RESOLVED, when the County Auditor makes a recommendation to deny a correction that is recommended by the Real Property Director, they shall transmit to the Montgomery County Legislature the written Report of Investigation and recommendation of the Real Proerty Director with copies of the application and the reaason that the County Auditor is denying the correction; and

BE IT FURTHER RESOLVED, that the County Auditor shall submit a report of corrections processed during the preceding month, indicating the name of each recipient, the location of the property and the amount of the correction to the Montgomery County Legislature on or before the fifteenth day of each month. 

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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RESOLUTION NO. 8 of 2023 DATED: January 3, 2023 RECOMMENDATION:

WHEREAS, the Capital District Regional Off-Track Betting Corporation is a public benefit corporation formed in 1975; and

WHEREAS, the geographic area is comprised of 16 counties and the cities of Albany and Schenectady; and

WHEREAS, there is a vacancy in the position of the Montgomery County Director for the Capital District Regional Off-Track Betting Corporation; and

WHEREAS,  Racing, Pari-Mutuel Wagering and Breeding Law (PML) §502 states that the directors of the Capital District Regional Off-Track Betting shall be appointed by the governing bodies of a County; and

WHEREAS, PML §501 defines the governing body as the "appropriate County legislative body."

WHEREAS, per Resolution 231 of October 18, 2022, the Montgomery County Legislature appointed Mark Hoffman as the Montgomery County Director for the Capital District Regional Off-Track Betting Corporation to serve for a term through December 31, 2022.

RESOLVED, the Montgomery County Legislature wishes to re-appoint Mark Hoffman as the Montgomery County Director for the Capital District Regional Off-Track Betting Corporation.

FURTHER RESOLVED, the Montgomery County Legislature hereby appoints Mark Hoffman as the Montgomery County Director for the Capital District Regional Off-Track Betting Corporation to serve for a term of January 1, 2023 through December 31, 2025.

RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (1/3/2023)

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