AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
August 24, 2021
Tuesday
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



In conjunction with Governor Cuomo’s Executive Order, this meeting will also be held electronically via teleconference on August 24, 2021 at 7:00 pm.  Members of the public may participate in the meeting by attending or by calling 1-716-535-3211, Access Code 975-113-885. Minutes of the hearing will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.

I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V. Public Comment and Presentation

     A. Public Comment

     B. Presentation - 2021 Section 2 Class C Champions - Canajoharie Varsity Baseball Team

 VI. Communications

VII. Approval of Minutes

 VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business 

  • TABLED RESOLUTION - RESOLUTION IN SUPPORT OF JOINING THE CAPITAL DISTRICT TRANSIT AUTHORITY (COUNTY LEGISLATURE)

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
178Add-On ResolutionPurtell/WilsonDid Not Go Through Committee
161

RESOLUTION IN SUPPORT OF JOINING THE CAPITAL DISTRICT TRANSIT AUTHORITY (COUNTY LEGISLATURE)

Pepe/WilsonMove to Full Legislature with Negative Recommendation
166

RESOLUTION APPROVING ROAD USE AND CROSSING AGREEMENT BETWEEN COUNTY OF MONTGOMERY AND HIGH RIVER ENERGY CENTER, LLC (PUBLIC WORKS)

Purtell/PepeMove to Full Legislature
167

RESOLUTION ESTABLISHING THE POSITION OF HUMAN RESOURCE FINANCIAL ASSISTANT - PERSONNEL

Dimond/PepeMove to Full Legislature
168

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT FOR KRONOS WORKFORCE HR/PAYROLL SYSTEM- MM HAYES (PERSONNEL)

Sweet/PepeMove to Full Legislature
169

RESOLUTION CONFIRMING APPOINTMENT/TERM OF REPRESENTATIVE TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE

Wilson/PurtellMove to Full Legislature
170

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

Pepe/WilsonMove to Full Legislature
171

RESOLUTION AMENDING RULES OF PROCEDURE OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021 (COUNTY LEGISLATURE)

Purtell/WilsonMove to Full Legislature
172

RESOLUTION AUTHORIZING A FIREWORKS DISPLAY AT THE FORMER BEECH-NUT FACILITY (COUNTY LEGISLATURE)

Purtell/WilsonMove to Full Legislature
173

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT FOR BROKERAGE SERVICES FOR PROPERTY, GENERAL LIABILITY AND FLOOD INSURANCE (COUNTY EXECUTIVE)

Sweet/WilsonMove to Full Legislature
174

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH VENESKY (COUNTY EXECUTIVE)

Pepe/WilsonMove to Full Legislature
175

RESOLUTION AMENDING THE 2021 OPERATING BUDGET AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN ADDITIONAL CONTRACT WITH CALDERWOOD (COUNTY EXECUTIVE)

Dimond/PepeMove to Full Legislature
176

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Dimond/WilsonMove to Full Legislature
177

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR PROFESSIONAL AUDITING SERVICES (COUNTY LEGISLATURE)

Headwell, Jr./PepeMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 178 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

Add-On Resolution
Resolution by Legislator: Purtell
Seconded by: Wilson

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:


II. Justification:


III. Legislative Impact:


IV. Financial Impact:



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 161 of 2021

DATED: August 3, 2021

RECOMMENDATION:
     

RESOLUTION IN SUPPORT OF JOINING THE CAPITAL DISTRICT TRANSIT AUTHORITY (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the Capital District Transit Authority (CDTA) was created in 1970 by the New York State Legislature, as a public benefit corporation, to provide regional transportation services by rail, bus, water and air; and

WHEREAS, the enabling legislation authorized Montgomery County to elect to become a member upon action of its governing body; and

WHEREAS,  CDTA is now the premier mobility provider in the Capital Region, providing regular route bus service, shuttle systems and paratransit services; and

WHEREAS, it would be a benefit to Montgomery County residents for Montgomery County to join the CDTA; and

WHEREAS, to join the CDTA a match of approximately $300,000.00 annually from Montgomery County will be necessary in addition to $5,000,000 annually in State funding to CDTA.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature is in support of taking the necessary steps to formally join the Capital District Transit Authority once funding is appropriately in place; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature requests that State Assembly and Senate representatives take all necessary steps to secure the $5,000,000 a year State funding that is necessary for Montgomery County to join the Capital District Transit Authority.

MOTION TO CALL THE QUESTION by Legislator Pepe, seconded by Legislator Purtell, was defeated with Aye(5). Legislators Kelly, Dimond and Headwell, Jr. voted Nay. Legislator Isabel was absent. (8/3/2021)

MOTION TO TABLE by Legislator Pepe, seconded by Legislator Kelly, passed with Aye(7). Legislator Dimond voted Nay. Legislator Isabel was absent. (8/3/2021)

MOTION TO REMOVE FROM TABLE by Legislator Pepe, seconded by Legislator Purtell, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION IN SUPPORT OF JOINING THE CAPITAL DISTRICT TRANSIT AUTHORITY (LEGISLATURE)


II. Justification:

To provide regional transportation services to  Montgomery County residents.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Estimated to cost approximately $300,000 a year to be taken from Mortgage Tax funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 166 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION APPROVING ROAD USE AND CROSSING AGREEMENT BETWEEN COUNTY OF MONTGOMERY AND HIGH RIVER ENERGY CENTER, LLC (PUBLIC WORKS)


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, High River Energy Center, LLC (the "Applicant") has proposed to construct a 90 megawatt (MW) solar energy facility (the "Project") in the Town of Florida (the "Town") Montgomery County (the "County"), and has applied to the New York State Board on Electric Generation Siting and the Environment (the "Siting Board") for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law to allow the Applicant to construct and operate the Project; and

WHEREAS, the County is responsible for the maintenance of certain roads and highways within their respective jurisdictions; and

WHEREAS, in connection with the development, construction, operation and maintenance of the Project, it may be necessary for the Applicant and its contractors and subcontractors or designees to transport materials across the county roads and highways; and

WHEREAS, the County of Montgomery and the Applicant wish to enter into an agreement for the use, repair and improvement of county roads and highways.

NOW, THEREFORE, BE IT RESOLVED, upon review and approval of the County Attorney, the County Executive is hereby authorized and directed to sign the Road Use and Crossing Agreement with High River Energy Center, LLC.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Approving road use and crossing agreement between the County of Montgomery and High River Energy Center, LLC.


II. Justification:

The County is responsible for the maintenance of certain roads and highways within their respective jurisdictions.


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter, the County Executive is authorized to sign contracts.


IV. Financial Impact:

No financial impact.

Any damage to Montgomery County highways will be repaired by High River Energy Center, LLC, as per the Road Use and Crossing Agreement.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 167 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION ESTABLISHING THE POSITION OF HUMAN RESOURCE FINANCIAL ASSISTANT - PERSONNEL


Resolution by Legislator: Dimond
Seconded by: Pepe

WHEREAS, Montgomery County has one person allocated to the counties full and final payroll, time and attendance as well as all other Human Resource finances including but not limited to the filing of all payroll taxes, payroll audit, reconciliation and verify, countywide payroll certification for towns, villages, school districts and college, retirement reporting, garnishments, deduction allocation and end checks, workers compensation finances, negotiation finances and HR budgetary items totaling in excess of 39 million dollars; and

WHEREAS, the Personnel Officer has determined that adding a Human Resource Financial Assistant is not only necessary to assist in the aforementioned duties but fiscally responsible; and

WHEREAS, the Personnel Officer has reviewed other county departments as well as other counties and determined that based on the information, Personnel is lacking sufficient support for finances.

WHEREAS, the funds necessary for the remainder of 2021 shall be transferred from within the Personnel Budget with subsequent years being budgeted.

RESOLVED, the position of Human Resource Financial Assistant be established in the Non-Bargaining Policy Group R at a base rate of $41,215; and

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2021 Operating Budget as follows: 

TRANSFER FROM:     
A-10-4-1430-00-.4431 Professional Services $13,265
     
TRANSFER TO:     
A-10-4-1430-00-.1100 (new) Human Resource Assistant  $13,265

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To create a full time Human Resource Financial Assistant in the Personnel Department.


II. Justification:

Currently, Montgomery County has one position allocated to the countywide payroll and Personnel finances totaling in excess of 39 Million Dollars. Due to the confidential nature and responsibilities of this position, it is necessary for the position to be located within the Personnel Department. Furthermore, if past years, Montgomery County has had a backup position however it was cut in previous budgets.


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter, the Montgomery County Legislature has the authority to create positions of employment and appropriate funds. 


IV. Financial Impact:

Funding for this position will be transferred from within the 2021 Personnel budget and will be budgeted for in subsequent years.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 168 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT FOR KRONOS WORKFORCE HR/PAYROLL SYSTEM- MM HAYES (PERSONNEL)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the Personnel Officer has recommended changing our current payroll system from the AS400 to the Workforce HR/Payroll using our current provider MMHAYES; and

WHEREAS, the Personnel Officer recommends the leasing to buy option thus spreading the payments over 36 months; and

WHEREAS, the funds for remainder of 2021 monthly lease are included in the current budget as we have completed payments for the Kronos Time and Attendance software upgrade; and

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval by the County Attorney, to sign a three year contract with MMHAYES for the KRONOS HR/Payroll at a cost not to exceed $6,274 monthly.

FURTHER RESOLVED, said agreement is for the period commencing on September 1, 2021.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators Kelly and Isabel were absent. (8/24/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

The Personnel Officer has recommended changing our current payroll system from the AS400 to the Workforce HR/Payroll using our current provider MMHAYES.


II. Justification:

Changing our Payroll software and system will allow for a less manual process for payroll, be web based and supported long-term. In addition, the upgrade adds an Human Resource component that allows for Benefit administration and self-service features.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the power to sign contracts.


IV. Financial Impact:

The KRONOS HR/Payroll upgrade will be at a cost not to exceed $6,274 monthly for 36 months. there is currently enough remaining funds to cover 2021 costs and it will be budgeted for in 2022 with no anticipated excess funds needed than what was budgeted for in 2021 in said lines.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 169 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENT/TERM OF REPRESENTATIVE TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, In accordance with The Workforce Innovation and Opportunity Act of 2014 (WIOA) (P.L. 113-128) , the Counties of Fulton, Montgomery, and Schoharie entered into an agreement as described in WIOA to organize and implement activities pursuant to WIOA and in accordance with requirements established by the Governor of the State of New York (Governor) for purposes of implementing programs and services under WIOA; and

WHEREAS, the membership of the WDB shall be appointed by the Chief Local Elected Officials (CLEO); and

WHEREAS, each CLEO shall appoint an equal number of Workforce Development Board members. There shall be four public sector and five private sector members appointed by each CLEO. The CLEOs shall among themselves agree so that all of the mandatory representatives listed under WIOA Section 107 will be represented; and

WHEREAS, Erin Clemens, who represented the Private Sector has resigned, leaving a vacancy in the Public Sector and it has been recommended by the County Executive to replace him with Sandra McDonald filling the unexpired term of 6/30/2023.

WHEREAS, the current board consists as follows:

APPOINTEE  SECTOR REPRESENTING TERM
Dave Fariello Private Sector 06/30/2023
VACANT Private Sector 06/30/2023
Marty Callahan Private Sector 06/30/2024
Pamela Goldswear Private Sector 06/30/2024
Amy Rogers Private Sector 06/30/2022
Jeff Stark Public Sector 06/30/2023
Kenneth Rose Public Sector 06/30/2023
Andrea Schribner Public Sector 06/30/2023
Melissa Johnston Public Sector 06/30/2022

RESOLVED, the Montgomery County Legislature hereby confirms the following appointment and term of respresentative to the Fulton, Montgomery and Schoharie Workforce Development Board made by the County Executive; effective immediately:

APPOINTEE  SECTOR REPRESENTING TERM
Sandra McDonald Private Sector 06/30/2023

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

CONFIRMING RE-APPOINTMENT/TERM OF REPRESENTATIVES TO THE FULTON, MONTGOMERY AND SCHOHARIE COUNTY WORKFORCE DEVELOPMENT BOARD MADE BY THE COUNTY EXECUTIVE


II. Justification:

Pursuant to the charter the County Executive has authority to make appointments which the County Legislature confirms.


III. Legislative Impact:

Pursuant to the charter the County Executive has authority to make appointments which the County Legislature confirms.


IV. Financial Impact:

appointment resolution no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 170 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

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


Resolution by Legislator: Pepe
Seconded by: Wilson

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 defendants Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. and Janssen Pharmaceutica, Inc. (“J & J”) based on claims that J & J contributed  to the opioid epidemic by falsely promoting prescription opioids it manufactured and sold and by falsely promoting the increased use of opioids directly and generally through various “front groups” and failing to implement measures to prevent diversion of prescription opioids in connection with distribution of its products, all of which contributed to a public health crisis in Montgomery County; and 

WHEREAS, J & J has offered to settle the Montgomery County’s claims against it by paying the sum of between approximately Worst Case Scenario  ($112,981.61) Dollars and Best Case Scenario  ($263,673.69) Dollars over ten (10) years to be used for restitution and abatement and agreeing to not manufacture, sell or promote opioids; and   

WHEREAS, it is in the best interest of Montgomery County to resolve this matter with respect to J & J without further litigation and enter into the proposed Agreement as it shall settle all allegations against J & J and avoid protracted litigation.

NOW THEREFORE BE IT RESOLVED, that the execution and delivery on behalf of and in the name of Montgomery County by the County Executive, or his designee, of the NY Opiod Settlement Sharing Agreement, as attached hereto and made a part hereof, is hereby authorized, and the County Executive, or his designee, is hereby authorized, subject to County Attorney approval, and directed to execute the proposed Agreement in a form substantially similar thereto and execute such other documents as may be necessary and appropriate to effectuate the settlement with J & J; 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 Election and Release form 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 Kelly and Isabel were absent. (8/24/2021)



Attachment

Attachment

Attachment

Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS


II. Justification:

A settlement has been reached with defendants  Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. and Janssen Pharmaceutica, Inc. 


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Will result in additional funding coming to the County over 10 years.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 171 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING RULES OF PROCEDURE OF THE MONTGOMERY COUNTY LEGISLATURE FOR THE YEAR 2021 (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, the Montgomery County Legislature has undergone committee review to revise the 2021 Rules of Procedure; and

WHEREAS, the recommended changes will improve effiency and eliminate inconsistenties.

NOW THEREFORE BE IT RESOLVED, that the amended Rules of Procedure, as attached hereto, hereby are adopted by the Montgomery County Legislature for the remainder of 2021, or until amended by further Resolution.

RESOLUTION VOTE, was defeated with Aye(3). Legislators Dimond, Headwell, Jr., Wilson and Pepe voted Nay. Legislators Kelly and Isabel were absent. (8/24/2021)



2021 Updated Rules of Procedure

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution amending 2021 Rules of Procedure.


II. Justification:

Amendments will help improve efficiency.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 172 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING A FIREWORKS DISPLAY AT THE FORMER BEECH-NUT FACILITY (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, Montgomery County has been approached with a request for permisson to hold a fireworks display at the former Beech-Nut facility; and

WHEREAS, E29, the holder of the Purchase and Sale Agreement has agreed to this display as well; and

WHEREAS, Montgomery County supports the Village's efforts to promote economic development.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature, upon the receipt by the vendor  of all necessary approvals and permits,  signing of proper waivers and proof of proper insurance coverage in favor of Montgomery County, authorizes the use of the former Beech-Nut facility for a fireworks display on September 11, 2021 in the Village of Canajoharie; and

BE IT FURTHER RESOLVED, that the use of the former Beech-Nut facility for the fireworks display shall be at no cost to Montgomery County.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING A FIREWORKS DISPLAY AT THE FORMER BEECH-NUT FACILITY


II. Justification:

Montgomery County supports the Village's efforts to promote economic development


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

No financial impact.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 173 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT FOR BROKERAGE SERVICES FOR PROPERTY, GENERAL LIABILITY AND FLOOD INSURANCE (COUNTY EXECUTIVE)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, it has been recommended by the County Executive to enter into an agreement for brokerage services for Property, General Liability and Flood Insurance with Cool Insurance Agency, Inc.; and

WHEREAS, Cool Insurance Agency, Inc. currently provides brokerage services to the County which has resulted in a savings to the County; and

WHEREAS, Cool Insurance Agency, Inc. recently merged with Gallagher Insurance; and

RESOLVED, the Montgomery County Legislature hereby authorizes the County Executive upon review and approval of the County Attorney, to enter into an agreement with Gallagher Insurance Agency, Inc., for the provision of brokerage services for Property, General Liability and Flood Insurance; and

FURTHER RESOLVED, that said contract shall be effective for a term of five years at an annual fee of $48,000, effective January 1, 2022 and ending December 31, 2026.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT FOR BROKERAGE SERVICES FOR PROPERTY, GENERAL LIABILITY AND FLOOD INSURANCE


II. Justification:

The current contract expires on December 31, 2021.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

Includes a 7K a year increase.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 174 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH VENESKY (COUNTY EXECUTIVE)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, quotes were solicited for a consultant on use of the American Rescue Plan Funds; and

WHEREAS, of the quotes received Venesky & Company had the lowest responsible response; and

WHEREAS, the funds used to pay Venesky & Company can be offset by use of the American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is authorized and directed to enter into a two year contract with Venesky & Company for consulting on the use of American Rescue Plan Funds at a cost not to exceed $16,000.00

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH VENESKY


II. Justification:

To ensure proper use of the American Rescue Plan funds.


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Montgomery County Charter.


IV. Financial Impact:

$16,000 shall be offset by the American Rescue Plan funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 175 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2021 OPERATING BUDGET AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN ADDITIONAL CONTRACT WITH CALDERWOOD (COUNTY EXECUTIVE)


Resolution by Legislator: Dimond
Seconded by: Pepe

WHEREAS, Calderwood has assisted in making vaccines for COVID-19 available to the residents of Montgomery County in an efficient manner; and

WHEREAS, there is a need to extend the contract with Calderwood to help administer these vaccines to the public. 

BE IT RESOLVED, that the Montgomery County Treasurer is authorized and directed to amend the 2021 Operating Budget as follows:

TRANSFER FROM:     
A599 Appropriated Fund Balance $10,000
     
TRANSFER TO:    
  Professional Services $10,000

FURTHER RESOLVED, that the County Executive, after review and approval of the County Attorney, is hereby authorized to enter into a contract with Calderwood to assist with the administration of COVID-19 vaccinations for a term of August-September 2021 at an amount not to exceed $5,000 a month.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AMENDING THE 2021 OPERATING BUDGET AND AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN ADDITIONAL CONTRACT WITH CALDERWOOD


II. Justification:

It is necessary to extend the contract to continue to provide services 

 


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Charter


IV. Financial Impact:

Funds will be offset from the American Rescue Plan funding



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 176 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Dimond
Seconded by: Wilson

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 August 4, 2021 through August 24, 2021; 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 Kelly and Isabel were absent. (8/24/2021)



Abstract of Audited Claims - August 2021

Abstract of Audited Claims - August 2021 Part 2

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

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.


III. Legislative Impact:

Pursuant to the Audit Guidelines, Section 2.02 (2), requires after examination and review of the claims by the audit committee, 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.


IV. Financial Impact:

no impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 177 of 2021

DATED: August 24, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO ENTER INTO A CONTRACT FOR PROFESSIONAL AUDITING SERVICES (COUNTY LEGISLATURE)


Resolution by Legislator: Headwell, Jr.
Seconded by: Pepe

WHEREAS, the Montgomery County Legislature has solicited proposals for the provision of professional auditing services from qualified firms of certified public accountants; and

WHEREAS, that said proposals included the provision of audit, accounting and management advisory services for a three year term with the option to extend for two additional one year terms; and

WHEREAS, two proposals were received and reviewed.

RESOLVED, that the Montgomery County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign an agreement with Bonadio & Co., LLP for a three year term at a cost of $162,000 with the option to extend for two additional one year terms at a cost of $56,000 for Year 4 and $57,000 for Year 5.

RESOLUTION VOTE, passed with Aye(7). Legislators Kelly and Isabel were absent. (8/24/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO ENTER INTO PROFESSIONAL AUDITING SERVICES


II. Justification:

Auditing services contract has expired and a new one needs to be executed.


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Charter.


IV. Financial Impact:

Will need to be budgeted for in upcoming budgets.



cc: County Clerk
County Treasurer