RESOLUTION NO. 9 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Montgomery County has purchased and is in the process of renovating property at 1 Venner Rd in Amsterdam, NY; and

WHEREAS, the facility will require a standby generator for emergency situations; and

WHEREAS, the Commission of Public Works, by RFP #15-22, solicited bids for generator placement and the following bids were opened and read aloud on December 13, 2022:

1. Stilsing Electric - Rensselaer, NY $289,900.00

2. Harold R Clune Electric - Ballston Spa, NY $298,700.00

WHEREAS, upon review and certification of proposals by C.T. Male Associates, it is recommended that the project be awarded to Stilsing Electric - Rensselaer, NY as the lowest responsible responsive bidder for an amount not to exceed $289,900.00.

RESOLVED, upon review and approval of the County Attorney, the County Executive is hereby authorized to sign contract with Stilsing Electric - Rensselaer, NY for a standby generator for an amount not to exceed $289,900.00.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators Wilson and VACANT were absent. (1/24/2023)

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RESOLUTION NO. 10 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Resolution #243 of 2022, amending the 2023 Operating Budget, was to allocate funds for an agreement with AECOM USA, Inc., for a sum not to exceed $257,000 for engineering services for the Commons Road Bridge repairs; and

WHEREAS, it is now necessary to transfer the funds in order to pay the balance due of $242,000 for said agreement to AECOM, USA, Inc..

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2023 Operating Budget as follows:

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

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RESOLUTION NO. 11 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Resolution 281 of 2013 states the Montgomery County Sanitary District No.1 Board of Directors shall consist of seven(7) members comprised of the current legislators representing Legislative Districts No.1, No.2, and No.3, the Mayors of the Villages of Fort Plain, Neliiston, and Palatine Bridge and one (1) member at large to be approved by the County Legislative Board, for a one year term; and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors recommends appointing George Capece Jr as Member at Large for 2023.

RESOLVED, that George Capece Jr. is hereby appointed as the "at-large" member of the Board of Directors of the Montgomery County Sanitary District No.1 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)

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RESOLUTION NO. 12 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Montgomery County Sanitary District No.1's current property, general liabilty, automobile, excess catastrophe, inland marine, and crime policies are set to expire January 1, 2023; and

WHEREAS, the Montgomery County Saniarty Dsitrict No.1 Board of Directors recommends binding insurance coverage for property, general liabilty, automobile, excess catastrophe, inland marine, and crime policies with NYMIR at a cost not to exceed $25,348.26; and

WHEREAS, NBT Mang Insurance - William Vangorder is named broker of record; and

WHEREAS, a transfer of funds is need to cover the cost of the premiums.

RESOLVED, upon review and aprroval of the County Attorney, the County Executive is hereby authorized and directed to sign a contract for the renewal of insurance coverage for property, general liabilty, automobile, excess catastrophe, inland marine,  and crime policies with NYMIR for a term of January 1, 2023 to December 31, 2023 at an amount not to exceed $25,348.26.

FURTHER RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget (Sanitary District)  as follows:

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

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RESOLUTION NO. 13 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Montgomery County Sanitary District No.1 operates a wastewater treatment plant that generates digested sludge that needs treatment/disposal; and

WHEREAS, the Gloversville-Johnstown Joint Wastewater Treatment Facility is the owner and operator of wastewater treatment plant facilities which can be used to treat/dispose of said sludge; and

WHEREAS, the sludge disposal agreement is expected to be a benefit of Montgomery County and the Gloversville-Johnstown Joint Wastewater Treatment Facility; and

WHEREAS, the Gloversville-Johnstown Joint Wastewater Treatment Facility has approved of the sludge disposal agreement and has already executed the agreement.

RESOLVED, the Gloversville-Johnstown Joint Wastewater Treatment Facility will charge Montgomery County at the rate of $.055 per gallon for sludge hauled to the Gloversville-Johnstown Joint Wastewater Treatment Facility by Montgomery County;

FURTHER RESOLVED, the Gloversville-Johnstown Joint Wastewater Treatment Facility will charge Montgomery County for analytical testing, at a cost not to exceed $600 annually; and

NOW THEREFORE BE IT RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, to execute said agreement for sludge treatment/disposal with the Gloversville-Johnstown Joint Wastewater Treatment Facility at the rate of $.055 per gallon for sludge for a term of January 1, 2023- December 31, 2024.

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

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RESOLUTION NO. 14 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Montgomery County encourages and supports waste management within Montgomery County; and

WHEREAS, the Montgomery County  wishes to apply for the Solid Waste Infrastructure For Recycling (SWIFR) Grant Program for Political Subdivisions of States and Territories for the 2023-2026 year; and

WHEREAS, Montgomery County would use the grant funds to create a compost facility that would compost all yard waste at the existing Amsterdam transfer station located at 1247 NY-5S Amsterdam, NY 12010; and

WHEREAS, $800,000 is being requested from the United States Environmental Protection Agency for a total project budget of $1,000,000; and

WHEREAS, $200,000 would be allocated in the form of in kind and cash expenditures by the County; and

WHEREAS, the administration of any grant will be completed by the Economic Development and Planning Department;

NOW, THEREFORE BE RESOLVED, the County Legislature hereby authorizes the County Executive, following review and approval by the County Attorney to sign the application and any associated grant documents related to carrying out this resolution.

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RESOLUTION NO. 15 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Local Law 2 of 2018 established a County Planning Board in Montgomery County; and

WHEREAS, the County Planning Board shall consist of nine (9) regular members and two (2) alternate members to be appointed by the Legislature; and

WHEREAS, the respective terms of the members of the Planning Board shall be commensurate with that of the Legislature; and

WHEREAS, the two alternate board members will have a two year term.

RESOLVED, the Montgomery County Legislature hereby confirms the following appointments:

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

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RESOLUTION NO. 16 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has awarded Montgomery County $73,392.00 from the 2022-2023 Snowmobile Trails Grant-In-Aid Program, based upon an application submitted in cooperation with the Mohawk Valley Snowmobile Clubs; Inc.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Executive, following review and approval by the County Attorney, to execute all documents associated with this grant.

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

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

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RESOLUTION NO. 17 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department participated in the New York State Department of Health (NYSDOH) Local Health Department Performance Incentive Initiative focused on collecting COVID-19 pandemic response information from March to September of 2022; and

WHEREAS, the Montgomery County Public Health Department had strong participation in the program; and

WHEREAS, the NYSDOH has awarded the Montgomery County Public Health Department incentive funding in the amount of $13,708 based on the achieved performance.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2023 Operating Budget as follows:

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

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RESOLUTION NO. 18 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Resolution 201 of 2021 authorized Montgomery County to enter into a settlement agreement relative the the opiod crisis; and

WHEREAS, funds have been received as a result of that settlement and it is necessary to amend the 2023 Operating Budget.

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

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

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RESOLUTION NO. 19 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, social services districts may provide, and require applicants for and recipients of public assistance to participate in a variety of activities that include work experience in the public or non-profit sector; and

WHEREAS, a state or federal government institution, a municipality, a public agency, or a public or private non-profit entity desiring to provide work experience for recipients of public assistance under an agreement complying with provisions of law and regulations is defined as a “Sponsor”; and

WHEREAS, the City of Amsterdam is desirous of becoming a “Sponsor” for Montgomery County DSS’s Work Experience Program; and, be it

RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign a contract with the City of Amsterdam to provide work experience for recipients of public assistance for the period of October 1, 2022 through September 30, 2023.

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

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RESOLUTION NO. 20 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, staffing shortages and lengthy pre-trial stays for youth offenders are just two reasons for the delay in the ability to create more bed space for youth offenders in secure and non-secure detention facilities; and

WHEREAS, beds are often not available near the youth offender’s home county, resulting in counties having to transport the youth far from home while they await trial; and

WHEREAS, this has caused the Department of Social Services to have to continue to contract with Steuben County Department of Social Services who operates an 8 bed co-ed non-secure detention program (Steuben Youth Safe Center) in Bath, NY, certified by the New York State Office of Children and Family Services; and

WHEREAS, the Department wishes to place eligible and appropriate juveniles in this program on an as-needed and space-available basis at a rate of $855.00 per bed per day from January 1, 2023 through December 31, 2023; and, be it

RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign a contract with Steuben County Department of Social Services to place eligible and appropriate juveniles on an as-needed and space-available basis at a rate of $855.00 per bed per day for the period of January 1, 2023 through December 31, 2023.

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

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RESOLUTION NO. 21 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Department of Social Services has received federal funds through the American Rescue Plan Act: Grants to Enhance Adult Protective Services administered by the Administration for Community Living; and

WHEREAS, these funds are made available to states to provide resources to enhance, improve, and expand adult protective services’ (APS) ability to investigate allegations of abuse, neglect and exploitation; and

WHEREAS, the first grant is in the amount of $9,629.00 for use from August 1, 2021 through May 31, 2023. The second grant (For Fiscal Year 22, FFY 22), is in the amount of $25,000.00. Those funds can be used from August 1, 2022 through September 30, 2024.

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes the acceptance of the American Rescue Plan Act Grants.

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

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

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RESOLUTION NO. 22 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Department of Social Services has elected to apply and has since received funding from OTDA for the Rental Supplement Program for 2021-2022; and

WHEREAS, the RSP is a program established to provide assistance to individuals and families who are experiencing homelessness or are facing an imminent loss of housing; and

WHEREAS, the 2021-2022 RSP amount allocated to Montgomery County is $154,608; and

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes the acceptance of the funding granted by OTDA for the Rental Supplement Program for 2021-2022.

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

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

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RESOLUTION NO. 23 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Montgomery County Department of Social Services has been awarded funding to support Transportation Initiatives; and

WHEREAS, the NYS Office of Temporary and Disability Assistance (OTDA) has allocated $26,629.00 to the Department; and

WHEREAS, the funds can only be used for the Department to support services provided through the Transportation Initiative, i.e. Family Assistance (FA) and Safety Net MOE recipients who are employed or participating in other allowable work activities and non-Public Assistance individuals employed and eligible under 200% of poverty guidelines.

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes the acceptance of the Transportation Initiative funding.

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

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

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RESOLUTION NO. 24 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Sheriff has received donations recently from different locations; and

WHEREAS,   All said donations are supplied for use by the Sheriff's Office to benefit staff, the office and the community; and

WHEREAS, gifts and donations have been made to the Sheriff’s Office to supplement already budgeted money to completely cover the cost of listed appropriations.

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

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

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RESOLUTION NO. 25 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Sheriff has been awarded a grant totaling $740,231.000 from the 2021-2022 SICG Statewide Interoperable Communications Grant Program; and

WHEREAS, the funding has been approved by the State to make improvements pertaining to our Emergency Communications System.  This includes Fire, EMS, Law Enforecment, DPW and our Schools.

WHEREAS, the equipment being purchased is an upgrade and compatible with our current system.

RESOLVED, the Montgomery County Executive is authorized and directed to sign necessary paperwork to accept the grant totaling $740,231.00 from the 2021-2022 SICG Statewide Interoperable Communications Grant Program; and

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

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

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RESOLUTION NO. 26 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Sheriff's Office and Emergency Services applied for and received the FY2022 State Homeland Security Program (SLETPP)(SHSP) Grant  to assist in law enforcement/Emergency Services operations throughout Montgomery County; and

WHEREAS, the Sheriff's Office/Emergency Services has been notified by the New York State Division of Homeland Security and Emergency Services that Montgomery County has been awarded $102,428.00, with no County match, to assist in law enforcement/Emergency Services operations throughout Montgomery County; and

WHEREAS, the Montgomery County Legislature hereby authorizes the acceptance of the FY2022 State Homeland Security Program (SLETPP)(SHSP)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 State Homeland Security Program (SLETPP)(SHSP) Grant.

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

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

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RESOLUTION NO. 27 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, there are unexpected IAMRESPONDING Grant funds available for carry-over in the 2021 Emergency Management budget; and

WHEREAS, funds from said grant monies are needed for a software program to provide real time texting to every Fire Department, the Montgomery County Sheriff’s Office, the Amsterdam Police Department and GAVAC.

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

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

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RESOLUTION NO. 28 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the Emergency Management Office applied for and received the FY2020 State Hazardous Materials (HAZMAT) Grant Program Funds to assist the Hazardous Materials Team in emergency preparedness throughout Montgomery County; and

WHEREAS, the Emergency Management Office has been notified by the New York State Division of Homeland Security and Emergency Services that Montgomery County has been awarded $67,500.00, with no County match, to assist in hazardous materials incidents  and preparedness throughout Montgomery County; and

WHEREAS, the Montgomery County Legislature hereby authorizes the acceptance of the FY2020 State Hazardous Materials (HAZMAT) Grant Program; 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 FY2020 State Hazardous Materials (HAZMAT) Grant Program.

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

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

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RESOLUTION NO. 29 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, the District Attorney has received monies from forfeiture crime proceeds in the year 2022 to be used to purchase equipment for law enforcement agencies throughout Montgomery County; and

WHEREAS, said monies have been deposited with the Montgomery County Treasurer in 2022; and

WHEREAS, $2,044.93 was unable to be used during the 2022 fiscal year; and

WHEREAS, it is necessary to add $2044.93 to the 2023 Operating Budget.

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

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

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RESOLUTION NO. 30 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, forfieture money from criminal cases in thea mount of $1241.67 have been deposited with the Montgomery County Treasurer in 2022 and placed in Revenue Line .2626 (Forfeiture Crime Proceeds) and said funds were never placed in expenditure line .4522 (DA/Law Enforcement Program); and

WHEREAS, said forfeiture funds are to be used to purchase quipment and pay for training for various law enforcement agencies throughout Montgomery County; it is

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

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

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RESOLUTION NO. 31 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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)

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RESOLUTION NO. 32 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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)

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RESOLUTION NO. 33 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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:

(Additional Members)

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

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RESOLUTION NO. 34 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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:

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

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

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RESOLUTION NO. 35 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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)

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RESOLUTION NO. 36 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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)

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RESOLUTION NO. 37 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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)

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RESOLUTION NO. 38 of 2023 DATED: January 24, 2023 RECOMMENDATION:

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:

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:

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

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RESOLUTION NO. 39 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, Montgomery County has obtained real property parcels by tax foreclosure known as SBL 46.10-4-1.2 (School Street) and SBL 46.10-5-23 (9 Luft Street), located in the Village of Nelliston, Town of Palatine; and

WHEREAS, these properties are not needed for County purposes; and

WHEREAS, the Village of Nelliston has plans for use of these properties; and

WHEREAS, Montgomery County is authorized by County Law 215 to sell these properties to the Village of Nelliston.

RESOLVED, the Montgomery County Legislature hereby authorizes to convey all the right, title and interests of the County in and to said real property to the Village of Nelliston for the sum of $735 for both plus associated deed filing fees; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to execute the deed and all related documents related to the conveyance of said property to the Village of Nelliston.

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

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RESOLUTION NO. 40 of 2023 DATED: January 24, 2023 RECOMMENDATION:

WHEREAS, following arrainment for a crimianl offense, individuals may be placed on the pre-trial program as an alternative to incarceration by the Magistate hearing the case

WHEREAS, the Probation Dept, provides pre-trial services to individuals who have been arrested and are awaiting disposition of their cases in local Montgomery County Courts

WHEREAS, as a condition of their release, the Court may require an individual to be electronically monitored via an ankle bracelet that details their daily activities and is managed by the Probation Dept.

WHEREAS, Governor Hochul recently granted Montgomery County the sum of $118,382 for the pre-trial program that is to be used for pre-trial programs and was added to the 2023 budget as revenue in line 3312

WHEREAS, these funds could be used to purchase electronic monitoring devises to be used for the pre-trial population

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby increases appropriations in the amount of $20,000 to accomodate the expense of electronic monitoring for appropriate individuals of the pre-trial program; and

FURTHER RESOLVED,  that the Montgomery County Executive is authorized and directed to sign any documents necessary to effectuate this resolution; and

FURTHER RESOVED, that the Montgomery County Treasurer is hereby autorized and directed to amend the 2023 Operating Budget as follows:

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

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RESOLUTION NO. 41 of 2023 DATED: January 24, 2023 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 December 23, 2022 through January 24, 2023 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(7). Legislators Wilson and VACANT were absent. (1/24/2023)

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