RESOLUTION NO. 42 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Director of Community Services has determined there is additional funding due from the Office of Mental Health (OMH) due to increases in State Aid Funding; and

WHEREAS, funds provided by the Office of Mental Health (OMH) can only be passed to the not-for-profit organizations that provide services in Montgomery County with proper budget authorization.

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

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 43 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Section 41.05 of the Mental Hygiene Laws of the State of New York requires that each local government establish a local government unit to plan for and administer mental health, mental retardation, alcoholism and substance abuse services, and

WHEREAS, Section 41.13(2)6 provides the authority for the local government unit to enter into contracts with local services providers to implement the local services plan for mental health, mental retardation, alcoholism and substance abuse services,

RESOLVED, that the County Executive, upon review and approval of the County Attorney is authorized to sign and execute any and all prospective agreement documents entered into between the County and agencies providing mental health, mental retardation, alcoholism and substance abuse services for calendar year January 1, 2023 to December 31, 2025 as listed below:

Catholic Charities of Fulton and Montgomery Counties for community mental health services, not to exceed $200,000 annually for the three year contract period commencing on January 1, 2023 and ending on December 31, 2025

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 44 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Director of Community services has been notified there is addtional funding due from the Office of Addiction and Services and Supports (OASAS) from the Opioid Settlement Fund; and

WHEREAS, these funds are being provided to the Local Governmental Unit for Montgomery County to procure at its discretion based on the allowable use of funds per Settlement and Statue, and additional funding guaranteed to Other Litigating Entities within the County as applicable; and

WHEREAS, these funds are designated to be used for the state fiscal year 2023 and allocated to the LGU ($291,315) and The City of Amsterdam ($27,916) to be passed through Montgomery County Community Services.

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

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 45 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, funding for the position of the Part-time Social Services Attorney was inadvertently omitted from the 2023 Operating Budget; and

WHEREAS, the position is occupied and it is necessary for the continuation of legal representation for the Department of Social Services that is provided through this position; and

WHEREAS, funding for this position will be re-allocated from other positions currently vacant within the budget; and

WHEREAS, the three part-time caseworkers lines 105,172 and 173 shall be eliminated; and

RESOLVED, that the Montgomery County Legislature hereby reinstates the funding for the position of Part-time Social Services Attorney; and

RESOLVED that the three part-time caseworkers lines 105,172 and 173 shall be eliminated; and

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

RESOLUTION VOTE, passed with Aye(6). Legislator Kelly voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 46 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management; and

WHEREAS, said agreement calls for Montgomery County to provide post closure services and bill the other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage treatment plant, and the Montgomery County Sanitary District No.1 operates such plant; and

WHEREAS, the Montgomery County Sanitary District No.1 did an upgrade at their wastewater treatment plant in 2018 that allows for the acceptance, treatment and disposal of the leachate generated by the landfills; and

WHEREAS, the current contract with Montgomery County Sanitary District No.1 which sets forth the terms and provisions for the acceptance of the leachate generated by the landfills for treatment (hereinafter referred to as the "leachate agreement") needs to be renewed; and

WHEREAS, the Montgomery County Sanitary District No.1 is a department of Montgomery County; and

WHEREAS, Montgomery County and Montgomery County Sanitary District No.1 will both benefit from the Leachate Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign the Leachate Agreement, which is an agreement for leachate disposal, with the Montgomery County Sanitary District No.1 expiring on December 31, 2022 at a rate of .030 cents per gallon up to two million gallons, and .0225 cents per gallon after.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 47 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, by Resolution 9 of 2022, Montgomery County entered into an agreement with Harold R. Clune, Inc. Electrical Contractor, for electrical renovation services at 1 Venner Road, Amsterdam, New York for relocation of Health and Human Services offices; and

WHEREAS, due to circumstances out of the control of the contractor and Montgomery County, the extension of Data Cabling and Network Lines were needed in the facility, which were not part of the original contract; and

WHEREAS, Harold R. Clune, Inc., Electrical Contractor for the project's contract needs to be increased by $10,680.00 to cover Data Cabling issues within the facility.

RESOLVED, Change Order #2 with Harold R. Clune, Inc., Electrical Contractor - contract is approved as follows:

FURTHER RESOLVED, that the Montgomery County Executive is authorized to sign amendment to contract upon review and approval of the County Attorney.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 48 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Montgomery County is in the process of enhancing cyber security and upgrading systems; and

WHEREAS, it has been recommended that the county upgrade to Microsoft 365 as part of that process; and

WHEREAS, Microsoft 365 has an annual user fee rather than a flat rate license; and

WHEREAS, several county departments have already made the switch to Microsoft 365 and this will help to streamline processes.

NOW THEREFORE BE IT RESOLVED, that the Montgomery Coutny Treasurer is authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 49 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, by Resolution 54 of 2004 the Board of Supervisors re-established a special advisory committee to develop and oversee implementation of programs to promote and market Montgomery County agricultural opportunities; and

WHEREAS, said committee provides general direction to any groups responsible for county-sponsored programs related to agricultural economic development; and

WHEREAS, said committee's membership is be appointed by the County Legislature, with membership to include:

 Active Farmer
 Agribusiness
 Montgomery County Legislator
 Farm Bureau Representative
 Chamber of Commerce Representative
 Farm Service Agency Representative 
 Economic Development/Planning Representative 
 Cornell Cooperative Extension Association Board Representative
 Agricultural and Farmland Protection Board Representative
 , and

WHEREAS, all members of said advisory committee serve at the pleasure of the County Legislature; and

WHEREAS, said advisory committee is to tender written quarterly reports to the County Legislature. 
  
RESOLVED, the following are hereby appointed as members of the Agriculture Economic Development Advisory:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 50 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution 78 of 2021 and 29 of 2022 authorized the County Executive to sign contracts with United States Environmental Protection Agency (EPA) to request funding in order to inventory, characterize, assess, and conduct cleanup, planning and community involvement related activities for brownfield sites along the Mohawk River in which Montgomery County was awarded and said funds were included in the 2022 Operating Budget: and 

WHEREAS, the Department of Economic Development & Planning is assisting in implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2022, and

WHEREAS, it is necessary to carry forward said funding in the 2023 Operating Budget to bring said project to fruition. 

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget to receive and provide for grant funding to allow for completion of the community Wide Hazardous Substances Assessment Grant as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 51 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution 196 of 2021 and 26 of 2022 authorized the County Executive to sign contracts with Homes and Community Renewal (NYSHCR) to request funding in order to assist local businesses that target start-up and expanding small businesses throughout the boundaries of Montgomery County in which Montgomery County was awarded and said funds were included in the 2022 Operating Budget; and 

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2022; and

WHEREAS, it is necessary to carry forward said funding in the 2023 Operating Budget to bring said project to fruition. 

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget to receive and provide for grant funding to allow for completion of the Microenterprise grant as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 52 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution 70 of 2022 authorized the County Executive, to sign a contract with T&B Engineering and Landscape Architecture, P.C. to undertake the preparation of the Montgomery County Multi-Jurisdictional Multi-Hazard Mitigation Plan Update and said funds were included in the 2022 Operating Budget; and 

WHEREAS, the Department of Economic Development & Planning is  implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for the project were not completely expended as of December 31, 2022; and

WHEREAS, it is necessary to carry forward said funding in the 2023 Operating Budget to bring said project to fruition. 

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget to continue to receive and provide for grant funding to allow for completion of the Multi-Jurisdictional Multi –Hazard Mitigation Plan Update as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 53 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Economic Development/Planning and Tourism Department requests that the County Executive be authorized after review and approval by the County Attorney to sign a contract with Lab of Magic Films in order to film portions of a film on county property at the former Beech Nut facility in Canajoharie. 

RESOLVED, upon the review and approval of the County Attorney, the County Executive is hereby authorized and directed to sign a contract with Lab of Magic Films.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 54 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution 71 of 2022 authorized the County Executive to sign a contract amendment up to $13,000 with the Mohawk Land Conservancy,  for the Farmland Protection Agriculture grant, which, has a significant role in the County’s economy, protection of the environment, open space and beauty; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete said projects; and 

WHEREAS, to date, said funds were not completely expended as of December 31, 2022; and

WHEREAS, it is necessary to carry forward said funding in the 2023 Operating Budget to bring said project to fruition. 

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget to provide for the Farmland Protection Grant and allow for completion of said projects as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 55 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolutions 112, 118, 191, 194, 196, 216, 221, 233, 235, 236, 264, 265 and 266 of 2022 authorized the use of American Rescue funds for the purpose of assisting local non-profit organizations with a specific need and or improvement on particular projects designated as an allowable use of the American Rescue Funds and said funds were included in the 2022 Operating Budget; and 

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grants on behalf of Montgomery County to complete said projects; and

WHEREAS, to date, said funds were not completely expended as of December 31, 2022; and

WHEREAS, it is necessary to carry forward said funding in the 2023 Operating Budget to bring said projects to fruition. 

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget to provide for the American Rescue grant funding to allow for completion of said projects as folloows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 56 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Montgomery County intends to submit a grant application for Mohawk River Watershed Action Agenda Implementation funds to create an interpretive nature trail along Chuctanunda Creek; and

WHEREAS,  the City of Amsterdam and Walter Elwood Museum are the property owners of the project location; and

WHEREAS, the administration of the grant will be completed by the Montgomery County Economic Development,  Planning & Tourism Department, 9 Park Street, PO Box 1500, Fonda, New York 12068; and

WHEREAS, a Memorandum of Understanding has been drafted setting the roles for the City of Amsterdam, Walter Elwood Museum and Montgomery County in the administration of said grant.

RESOLVED, that the Montgomery County Executive, upon review and approval by the County Attorney, is authorized to enter into a Memorandum of Understanding with the City of Amsterdam and Walter Elwood Museum

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 57 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Director of Emergency Management has evaluated the need of the Department and determined that there is a need to reorganize the Department; and

WHEREAS, the Director of Emergency Management met with the Personnel Officer and based on the needs of the department coupled with the duties requested, it has been determined that the position of Assistant Director of Emergency Management (PT) is appropriate; and

WHEREAS, the position has responsibility for assisting the Director and Deputy Director of Emergency Management in planning and supervising the County’s programs in fire training, disaster preparedness and related activities; and

WHEREAS, position will have a base salary of $20,000 and will be allocated to Group Q in the Non-Bargaining Policy using existing 2023 funds.

RESOLVED, that the Legislature hereby adopts the position of Assistant Director of Emergency Management (PT) with a base salary of $20,000 allocated to Group Q in the Non-Bargaining Policy; and

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

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 58 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, it has been determined that the budget for the Office of Emergency Management is in need of amendments to appropriately fund positions and lines within the Office; and

WHEREAS, various positions are being paid out of the same lines and are not adequately funded.

WHEREAS, the 2023 budget funded the following salary increases

WHEREAS, the Director of Emergency Management also requests an additional salary increase of $5,000.00 for the Deputy Emergency Management Coordinator (PT) establishing the base salary at $25,000.00, Group Q of the Non-Bargaining Policy; and

WHEREAS, the Director of Emergency Management requests the amendments be made within the approved budget.

RESOLVED, the Montgomery County Legislature hereby authorizes the Treasurer to amend the 2023 operating budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 59 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution 102 of 2010 established policies related to assigned counsel in Montgomery County; and 

WHEREAS, due to increased competition in the legal field to recruit assigned counsel, the Assigned Counsel Administrator is recommending that provisions that prohibit mileage and travel reimbursement be rescinded; and 

WHEREAS, doing this is anticipated to help with recruitment for the assigned counsel panel. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby amends Resolution 102 of 2010 by STRIKING the following FURTHER RESOLVED clauses:

FURTHER RESOLVED, that Montgomery County will not reimburse assigned counsel attorneys for mileage, and

FURTHER RESOLVED, that Montgomery County will not pay travel time to assigned counsel attorneys.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 60 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Sheriff has received donations from Fort Plain Central School and Fonda-Fultonville Central School.  These donations are supplied for use by the Sheriff's Office to benefit the DARE Program; 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 VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 61 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution No. 276 of 2021 accepted a State Homeland Security Grant State Interoperable Communications Grant (SICG); and

WHEREAS, said funds need to be appropriated in the 2023 Operating Budget.

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

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 62 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution No. 251 of 2022 accepted a State Homeland Security Grant Public Safety Answering Point (PSAP); and

WHEREAS, said funds need to be appropriated in the 2023 Operating Budget.

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

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 63 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution No. 207 of 2022 accepted a DHSES Grant; and

WHEREAS, said funds need to be appropriated in the 2023 Operating Budget.

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 VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 64 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS,  the Sheriff's Office has been awarded the FY2022 COPS Technology and Equipment Program Invitational Solicitation Grant Program funds to assist in law enforcement operations throughout Montgomery County; and

WHEREAS, the Sheriff's Office has been notified that Montgomery County has been awarded $25,000.00, with no County match, to assist in law enforcement operations throughout Montgomery County.

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 COPS Technology and Equipment Program Invitational Solicitation 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 VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 65 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, there are unexpected insurance recovery funds available for carry-over in the 2022 Emergency Mangement Budget; and 

WHEREAS, funds from said grant monies are needed to purchase equipment damaged during the November 4, 2021 Hazmat spill at 140 Flanders Rd., Sprakers.

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 VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 66 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, several pending criminal cases and trials were adjourned from the year 2022 to the year 2023 which will require added expenses unforseen in preparing budget requests for 2023. 

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

RESOLUTION VOTE, was defeated with Aye(4). Legislators Kelly, Allen and Headwell, Jr. voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

MOTION TO RECONSIDER by Legislator Kelly, seconded by Legislator Sweet, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

RESOLUTION VOTE, was defeated with Aye(5). Legislator Headwell, Jr. voted Nay. Legislator Allen abstained. Legislators VACANT and Pepe were absent. (2/28/2023)

MOTION TO RECONSIDER by Legislator Pepe, seconded by Legislator Kowalczyk, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

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RESOLUTION NO. 67 of 2023 DATED: February 28, 2023 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 Municipal  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; 

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, 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.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 68 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Montgomery County Personnel Department partnered with the Cancer Prevention in Action (CPiA) of Fulton, Montgomery and Schenectady Counties on employee cancer prevention initiatives; and

WHEREAS, the Montgomery County Legislature subsequently passed resolutions 209 of 2022 adopting the Cancer Prevention Policy- Sun Safety and 210 of 2022 proving additional Cancer Screening leave for Montgomery County employee; and

WHEREAS, as a result, Montgomery County was awarded a onetime comprehensive award from Cancer Prevention in Action (CPiA) of Fulton, Montgomery and Schenectady Counties at St. Mary's Healthcare in Amsterdam NY, approvals were obtained by program administrators at the NYS Department of Health Bureau of Cancer Prevention and Control to support implementation; and 

WHEREAS, the award includes CPiA providing education, sun screen, shaded areas at all buildings as well as portable tents and shades for work crews in the field and protective clothing items for employees whose work takes them into areas where they are at risk for sun exposure.

RESOLVED, the Montgomery County Legislature acknowledges the partnership with Cancer Prevention in Action and supports the cancer prevention initiatives for all Montgomery County employees.  

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 69 of 2023 DATED: February 28, 2023 RECOMMENDATION:

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

WHEREAS, the funds that are being moved to the 2023 budget through a resolution by the County Treasurer; and 

WHEREAS, the Personnel Officer is requesting that the funds allocated to the Computer Equipment line (2259) 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 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 70 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the SFY 2024 State Budget proposal would end the Affordable Care Act (ACA) enhanced Federal Medical Assistance Percentage (eFMAP) federal pass-thru to counties and New York City; and 

WHEREAS, the State is proposing to keep all of these federal savings going forward and use them to cover further expansions of Medicaid eligibility and benefits and to increase payments to health care providers; and

WHEREAS, the elimination of this ACA eFMAP federal pass-thru will require the 57 counties to spend at least $280 million more in SFY 2024, and approximately $1 billion when New York City is included; and 

WHEREAS,  it is projected that this will cost Montgomery County $1, 549,349 a year; and 

WHEREAS, the SFY 2024 costs to counties and New York City are scheduled to grow by 30 percent by SFY 2027; and 

WHEREAS, it is the strong view of Montgomer County that congress intended these federal savings to be shared with counties proportional to the amount they contributed toward the nonfederal Medicaid match; and 

WHEREAS, since 2003, the state has shared the funds proportionally based on our analysis of savings we have received during periods when an enhanced federal Medicaid match was enacted by Congress; and  

WHEREAS, enacted in 2011, the Medicaid statutory cap for all 62 counties is $7.6 billion. The Medicaid statutory cap for the 57 counties outside of New York City is $2.25 billion.; and 

WHEREAS, starting in SFY 2014, New York began sharing these federal ACA savings directly with counties. The savings for a year were provided by lowering the weekly payments each county and NYC make to the state to support the State’s Medicaid program. Through February 1, 2023, the state continues to share the federal savings from the ACA eFMAP with the 57 counties and NYC; and 

WHEREAS, Montgomery County strongly disagrees with the need to cut county funding so deeply when the Governor’s budget proposes to fully fund its own reserves two years ahead of schedule de depositing $5.4 billion into reserves before the end of SFY 2023, while also projecting a general fund surplus of $35 billion by the end of SFY 2024; and

WHEREAS, Montgomery County has relied upon this pass-thru in making budgetary and funding decisions; and

WHEREAS, the tax cap imposed by New York State makes it an even greater fiscal burden be placed on Montgomery County as the county will be forced to cut services in other areas to remain below the tax cap; and

NOW, THEREFORE, BE IT RESOLVED, that Montgomery County calls on the State to continue to share these federal funds with counties as has been the precedent for over 20 years; and 

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to  forward copies of this resolution to the Governor of the State of New York,  Senator Neil Breslin, Assembleyman Angelo Santabarbara, Assembleyman Bob Smullen and all others deemed necessary and proper. 

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 71 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Pursuant to resoltions nos. 64, 82, 84, 85, 86, 87, 89, 91, 93, 110, 111, 169, 170, 192, 215, 220 & 232 of 2022 authorized the use of American Rescue Plan funds for the purpose of assisting County departments, municipalites and local non-profit organizations with specific needs or improvements on particular projects designated as an allowable use of American Rescue Plan funds, and

WHEREAS, said funds were not totally expended as of December 31, 2022; and

WHEREAS, it is necessary to carry forward the unexpended amounts into the 2023 Operating Budget to complete said projects.

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

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 72 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Montgomery County has obtained the real property parcel by tax foreclosure known as SBL 66.9-1-47 (109 Old River Road West), located in the Town of Root; and

WHEREAS, this property is not needed for County purposes; and

WHEREAS, this property was previously offered at the tax foreclosure auctions but successful bidders failed to close on the property; and

WHEREAS, a neighboring property owner has expressed interest in obtaining said real property parcel.

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 Ruth Ann Kilmartin for the sum of $5,000.00 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 Ruth Ann Kilmartin.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 73 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Montgomery County collects a Mortgage Tax which pursuant to local law must be distributed to local municipalities of the County; and

WHEREAS, the County Treasurer disburses the Mortage Tax funds bi-annually.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Treasurer to disburse Mortgage Tax money for the period April 1, 2022 through September 30, 2022; and

FURTHER RESOLVED, that said Treasurer is directed to take all necessary steps, under proper accounting procedure, to adjust the books of his office, effective immediately.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 74 of 2023 DATED: February 28, 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 January 25, 2023 through February 28, 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(6). Legislator Sweet abstained. Legislators VACANT and Pepe were absent. (2/28/2023)

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