TO:Education/Government Committee
Michael J. Pepe, Chair, Legislator, District 7
Martin P. Kelly, Legislator, District 1
Brian D. Sweet, Legislator, District 2
Herbert T. Allen, Legislator, District 3
Robert Headwell, Jr., Legislator, District 4
Daniel P. Wilson, Legislator, District 5
- VACANT, Legislator, District 6
Maria Kowalczyk, Legislator, District 8
Robert A. Purtell, Legislator, District 9
FROM:Cheryl A. Reese, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer, Media
DATE:6/23/2024
RE:Committee Meetings

Chair Michael J. Pepe has called a meeting of the Education/Government Committee for 6:04 p.m. on Tuesday, January 17, 2023 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068. 

This meeting is in person, however, members of the public may participate by calling 1-872-240-3212, Access Code: 188-026-165. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us

Items on the agenda, at this time, are as follows:

1.   DISCUSSION

  A.  Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee

  B.  Discussion item:  Powers and Duties of the Legislature

2.  RESOLUTION AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS (COUNTY LEGISLATURE)

3. RESOLUTION APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)

4. RESOLUTION CONFIRMING MEMBERS - MONTGOMERY COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL (PROBATION)

5. RESOLUTION CONFIRMING APPOINTMENTS TO THE MONTGOMERY COUNTY SOIL & WATER CONSERVATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)

6. RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES (COUNTY LEGISLATURE)

7. RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD (COUNTY LEGISLATURE)

8. RESOLUTION APPOINTING MEMBER OF THE MONTGOMERY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD (COUNTY LEGISLATURE)

9. RESOLUTION CONFIRMING APPOINTMENT OF THE DIRECTOR OF EMERGENCY MANAGEMENT MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)

10.  OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
31

RESOLUTION AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS (COUNTY LEGISLATURE)

Kelly/KowalczykMove to Full Legislature
32

RESOLUTION APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)

Allen/SweetMove to Full Legislature
33

RESOLUTION CONFIRMING MEMBERS - MONTGOMERY COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL (PROBATION)

Kelly/PurtellMove to Full Legislature
34

RESOLUTION CONFIRMING APPOINTMENTS  TO THE MONTGOMERY COUNTY SOIL & WATER CONSERVATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)

Pepe/AllenMove to Full Legislature
35

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES (COUNTY LEGISLATURE)

Kelly/WilsonMove to Full Legislature
36

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD (COUNTY LEGISLATURE)

Pepe/SweetMove to Full Legislature
38

RESOLUTION APPOINTING MEMBER OF THE MONTGOMERY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD (COUNTY LEGISLATURE)

Kowalczyk/WilsonMove to Full Legislature
37

RESOLUTION CONFIRMING APPOINTMENT OF THE DIRECTOR OF EMERGENCY MANAGEMENT MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)

Full Board/Move to Full Legislature



Montgomery County Seal!RESOLUTION NO. 31 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Kowalczyk

WHEREAS,  the matter of County of Suffolk v. Purdue Pharma L.P., et al., under Index No. 400001/2017 is pending in the Supreme Court, Suffolk County, regarding the opioid addiction crisis, in which the County of Montgomery is the named plaintiff in the action (the “Action”); and 

WHEREAS, the Action is against several defendants, including manufacturers of opioids, distributors of opioids and chain pharmacies; and

WHEREAS, the Action alleges several causes of action against defendant Teva and its subsidiary drug distributor Anda, Inc.  (the “Distributors”) based on claims that the Distributors contributed to the opioid epidemic by failing to comply with their obligations under the federal Controlled Substances Act and the New York Controlled Substances Act to implement adequate measures to prevent diversion of the prescription opioids they distributed to pharmacies and others in Montgomery County, all of which contributed to a public health crisis in Montgomery County; and 

WHEREAS, the Distributors have offered to settle the Montgomery County’s claims against it by paying the sum of $253,549.12 Dollars if all incentives are met over thirteen (13) years and agreeing to implement injunctive relief under a controlled substance monitoring program; and   

WHEREAS, it is in the best interest of Montgomery County to resolve this matter with respect to the Distributors without further litigation and enter into the proposed Agreement.

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed, subject to County Attorney approval, to execute any necessary documents  to effectuate the settlement with the Distributors; and

BE IT FURTHER RESOLVED, that Simmons Hanley and the County Attorney are authorized and directed to execute any necessary documents to effectuate this settlement including but not limited to the Settlement Participation Form and the Sharing Agreements,  as attached hereto and made a part hereof; and 

BE IT FURTHER RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that the adoption of this resolution constitutes a Type II Action pursuant to Section 617.5(c)(26) and (33) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management, and information collections.

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Settlement Participation Form

Settlement Agreement Form

Opiod Sharing Agreement

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS (COUNTY LEGISLATURE)


II. Justification:

A settlement has been reached with additional parties in the opiod litigation.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

If all incentives are met, will result in $253,549.12 Dollars if all incentives are met over thirteen (13) years.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 32 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)


Resolution by Legislator: Allen
Seconded by: Sweet

WHEREAS, Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors.

RESOLVED, that Legislator Kelly is hereby appointed as a Director on the Association Board of Directors of the Cooperative Extension Association of Fulton and Montgomery Counties for a term beginning on January 1, 2023 and ending on December 31, 2023.

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING A MEMBER OF THE LEGISLATURE TO CORNELL COOPERATIVE EXTENSION OF FULTON AND MONTGOMERY COUNTIES ASSOCIATION BOARD OF DIRECTORS


II. Justification:

Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors


III. Legislative Impact:

Article V, Section 3B of the Constitution and Bylaws of the Cornell Cooperative Extension of Fulton and Montgomery Counties states that the Montgomery County Legislature shall appoint one Legislator to a one-year term to serve as a Director on the Association Board of Directors


IV. Financial Impact:

Appointing resolution - no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 33 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION CONFIRMING MEMBERS - MONTGOMERY COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL (PROBATION)


Resolution by Legislator: Kelly
Seconded by: Purtell

WHEREAS, Article 13-A, Section 261, of NYS Executive Law requires certain appointments to be made to the Montgomery County Criminal Justice Coordinating Council; and

WHEREAS, additional members beyond the specified appointments within the Executive Law are encouraged by the New York State Division of Criminal Justice Services; and

WHEREAS, the representative of private organization operating within the county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, an ex-offender, and a crime victim shall be designated by the Montgomery County Executive; and

WHEREAS, it is recommended that the Council be updated by resolution annually to reflect the people who are currently in each designated position.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms that the 2023 Council shall consist of the following:

POSITION  NAME
County Court Judge  Honorable Felix J. Catena 
Town Court Judge Honorable Kathleen R. Buck, Town of Mohawk
District Attorney  Lorriane Dimond
Legal Services Representative William F. Martuscello, Public Defender
Member of the Montgomery County Legislature Brian Sweet, Public Safety Committee Chairperson
Director of Probation Lucille Sitterly
Chief Administrative Officer Matthew Ossenfort
Representative of Local Police Agency Carl Rust, Montgomery County Undersheriff
Reprsentative of Private Agency involved with ATI  John DiMezza
Ex-Offender Dale Haight
Crime Victim Jean Karutis
County Executive Matthew Ossenfort
Director of Community Mental Hygiene Services Sara Boerenko
NYS Certified Alcohol/Substance Abuse Treatment Provider Program for Women Pat Trombley, Director of "The Lighthouse" Treatment

 

(Additional Members)

POSITION  NAME
Hamilton, Fulton and Montgomery Prevention Council Rachel Truckenmiller 
Corrections Administrator Robert Barbuti
Director of Youth, ATI & Veterans Brenda Rava

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Appointment of members to the Criminal Justice Coordinating Council


II. Justification:

Article 13A, Section 261 of the NYS Executive Law calls for certain appointments to a County Criminal Justice Coordinating Coucil.


III. Legislative Impact:

Appointment resolution - no financial impact


IV. Financial Impact:

appointment resolution - no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 34 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENTS  TO THE MONTGOMERY COUNTY SOIL & WATER CONSERVATION BOARD OF DIRECTORS (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Allen

WHEREAS, pursuant to Section 6 of the New York State Soil and Water Conservation Law, when a County has been declared a Soil and Water Conservation District  a  Board  of  Directors  consisting  of five members shall be appointed by the Montgomery County Legislature; and

WHEREAS, this Board of Directors shall consist of two members of the Montgomery County Legislature  and  three  persons  not  members  of the Montgomery County Legislature, two of whom shall be practical farmers; and

WHEREAS, the two members from the Montgomery County Legislature shall be appointed annually and the remainder shall have a term of three years; and

WHEREAS, the current Board of Directors consists of:

NAME  REPRESENTS TERM
Brian Holloway Active Farmer 12/31/2023
Scott Ryan  Active Farmer 12/31/2023
Richard Kennedy  Member at Large 12/31/2023
Robert Headwell  County Legislator  12/31/2022
Martin Kelly  County Legislator 12/31/2022

RESOLVED, the Montgomery County Legislature hereby confirms the appointment of the following:

NAME  REPRESENTS TERM
Robert Headwell  County Legislator  12/31/2023
Martin Kelly  County Legislator 12/31/2023

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Confirming Appointments made by the County Executive to the Montgomery County Soil & Water Conservation Baord of Directors


II. Justification:

Legislative representation on Soil Conservation Board of Directors


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to make appointments. Further authorized pursuant to the New York State Soil and Water Conservation District Law.


IV. Financial Impact:

Appointment resolution - no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 35 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years; and

RESOLVED, that Legislator Legislator Michael Pepe hereby is appointed to serve on the Montgomery County Court Law Library Board for a term ending on December 31, 2024.

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING MEMBER - MONTGOMERY COUNTY LAW LIBRARY BOARD OF TRUSTEES


II. Justification:

Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years


III. Legislative Impact:

Section 814(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the Montgomery County Law Library Board of Trustees for a period of two years


IV. Financial Impact:

Appointing resolution - no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 36 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, Section 503a(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the County Jury Board; and

WHEREAS, said appointment shall be designated by the Montgomery County Legislature.

RESOLVED, that Legislator, Legislator Michael Pepe, hereby is appointed to serve on the Montgomery County Jury Board for a one-year term ending on December 31, 2023.

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING MEMBER - MONTGOMERY COUNTY JURY BOARD


II. Justification:

Section 503a(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the County Jury Board


III. Legislative Impact:

Section 503a(1) of the Judiciary Law provides for the appointment of a member of the Montgomery County Legislature to the County Jury Board


IV. Financial Impact:

Appointment resolution - no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 38 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBER OF THE MONTGOMERY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD (COUNTY LEGISLATURE)


Resolution by Legislator: Kowalczyk
Seconded by: Wilson

WHEREAS, Article 25AA, Section 302 of the New York State Agricultural and Markets Law, as amended, provided for the establishment of an Agricultural and Farmland Protection Board; and

WHEREAS, the Montgomery County Board of Supervisors established the Montgomery County Agricultural and Farmland Protection Board in 1993; and

WHEREAS, the Board shall consist of eleven members, at least four of whom shall be active farmers, one shall represent agribusiness, and one may represent an organization dedicated to agricultural land preservation, all whom shall reside within Montgomery County; and

WHEREAS, the Board also shall include the Chairperson of the County Soil and Water Conservation District's Board of Directors or an employee of the County Soil and Water Conservation District designated by the Chairperson, a member of the County legislative body, a County Cooperative Extension agent, the County Planning Director, and the County Director of Real Property Tax Services; and

WHEREAS, the members of the Board shall be appointed by the Chairperson of the County legislative body, who shall solicit nominations from farm membership organizations except for the chairperson of the county soil and water conservation district's board of directors or his or her designee, the county planning director and director of real property tax services who shall serve ex officio; and

WHEREAS, the term for the members shall be four years; and

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board currently consists of the following members:

NAME 

TITLE

ADDRESS

TERM EXPIRES

Roy Dykeman 

Active Farmer

RD#1, Box 331, Fultonville, NY 12072

12/31/2022

David Rivkovich 

Active Farmer

7350 Sthwy 5s, Fort Plain, NY 13339

12/31/2022

James Hoffman

Agribusiness

371 Martin Road, Fonda, NY 12068

12/31/2022

Kenneth Rose

Director of Economic Development/Planning

Old Court House, 9 Park Street, Fonda, NY 12068

12/31/2022

Martin Kelly

Montgomery County Legislator

187 Sthwy 163, Fort Plain, NY 13339

12/31/2022

Michael Cole

Active Farmer

142 Hickory Grove Road, Canajoharie, NY 13317

12/31/2024

Tom Nelson

Farm Bureau

 829 Pattersonville Road Pattersonville, NY 12137

12/31/2024

Robert Harris

Active Farmer

923 Sthwy 162, Sprakers, NY 12166

12/31/2024

Russ Kelly 

Cornell Cooperative Extension

120 Scott Road, Fultonville, NY 12072

12/31/2024

Corey Nellis

Montgomery County Soil & Water

4001 Sthwy 5s, Fultonville, NY 12072

Co-terminious with Scott Ryan's

Term of Office

Christine DePasquale

Montgomery County Director of Real Property

20 Park Street, Fonda, NY 12068

Co-terminious with her term of Office

WHEREAS, the terms of some current members have expired.

RESOLVED, that the following  is hereby appointed for the following terms as members of the Montgomery County Agricultural and Farmland Protection Board:

 

NAME 

TITLE

ADDRESS

TERM EXPIRES

Roy Dykeman 

Active Farmer

RD#1, Box 331, Fultonville, NY 12072

12/31/2023

David Rivkovich 

Active Farmer

7350 Sthwy 5s, Fort Plain, NY 13339

12/31/2023

James Hoffman

Agribusiness

371 Martin Road, Fonda, NY 12068

12/31/2023

Kenneth Rose

Director of Economic Development/Planning

Old Court House, 9 Park Street, Fonda, NY 12068

12/31/2023

Martin Kelly 

Montgomery County Legislator

 187 Sthwy 163, Fort Plain, NY 13339

12/31/2023

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING MEMBER OF THE MONTGOMERY COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD


II. Justification:

This is authorized pursuant to Agriculture and Markets Law Section 302.


III. Legislative Impact:

This is authorized pursuant to Agriculture and Markets Law Section 302. Appointment of a member of the county legislative body shall be for a term coterminous with the member's term of office


IV. Financial Impact:

This is authorized pursuant to Agriculture and Markets Law Section 302. Appointment of a member of the county legislative body shall be for a term coterminous with the member's term of office



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 37 of 2023

DATED: January 24, 2023

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENT OF THE DIRECTOR OF EMERGENCY MANAGEMENT MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)


Resolution by Legislator: Full Board
Seconded by:

WHEREAS, pursuant to §3.03 the County Executive shall appoint all County departments and administrative units not administered by elected officials, subject to confirmation of the Legislature; 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, there is a vacancy in the position of Director of Emergency Management; and

WHEREAS, the County Executive has made the following appointment:

Jeffrey Kaczor, Director of Emergency Management

WHEREAS, the Montgomery County Legislature has undergone a committee review of the foregoing appointment; and

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

RESOLVED, that the Montgomery County Legislature confirms the following appointment:

Jeffrey Kaczor, Director of Emergency Management for the remaining term through December 31, 2025; and

FURTHER RESOLVED, that these appointments are subject to the terms and conditions set forth in the Montgomery County Charter and where applicable Montgomery County Civil Service.

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon those who are appointed by this resolution.

 

RESOLUTION VOTE, passed with Aye(7). Legislators Wilson and VACANT were absent. (1/24/2023)



Appointment Letter - Jeffrey Kaczor

Statement of Legislative and Financial Impact:

I. Nature of Request:

CONFIRMING APPOINTMENT OF THE DIRECTOR OF EMERGENCY MANAGEMENT MADE BY THE COUNTY EXECUTIVE


II. Justification:

Pursuant to §3.03 the County Executive shall appoint all County departments and administrative units not administered by elected officials, subject to confirmation of the Legislature.


III. Legislative Impact:

Pursuant to §3.03 the County Executive shall appoint all County departments and administrative units not administered by elected officials, subject to confirmation of the Legislature


IV. Financial Impact:

Included in the 2023 Operating Budget



cc: County Clerk
County Treasurer