AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
September 28, 2021
Tuesday
7:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



This meeting is in person, however, members of the public may also participate in the meeting by calling 1-571-317-3112, Access Code 180-517-965. Minutes of the meeting 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 - Direct Support Professionals Recognition Week

 VI. Communications

VII. Approval of Minutes

  VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business 

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
179

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT WITH LENZ HARDWARE LLC TO INSTALL AN UPGRADED TELEMETRY/SCADA SYSTEM AT THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 TO MONITOR THE PLANT AND PUMPING STATIONS AFTER HOURS.

Sweet/PepeMove to Full Legislature
180

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)

Wilson/DuchessiMove to Full Legislature
181

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN EASEMENT AGREEMENTS FOR BRIDGE REPLACEMENT- CEMETERY DRIVE BRIDGE IN THE TOWN OF FLORIDA

Purtell/WilsonMove to Full Legislature
182

RESOLUTION AMENDING 2021 OPERATING BUDGET WITH FORFEITURE MONIES (DISTRICT ATTORNEY)

Headwell, Jr./PurtellMove to Full Legislature
183

RESOLUTION AMENDING THE 2021 OPERATING BUDGET ACCEPTING ADDITIONAL STOP-DWI CRACKDOWN ENFORCEMENT FUNDS (STOP-DWI)

Wilson/SweetMove to Full Legislature
184

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT WITH VENTEK, INC. (SOCIAL SERVICES)

Pepe/DimondMove to Full Legislature
185

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH FONDA-FULTONVILLE CENTRAL SCHOOL DISTRICT, BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH, AND HAMILTON-FULTON-MONTGOMERY BOCES FOR HOME RUN PREVENTION PROGRAM (SOCIAL SERVICES)

Purtell/SweetMove to Full Legislature
186

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT – STRUCTURAL COMPONENT DEPRECIATION MODEL – RECORDER BUILDING (SOCIAL SERVICES)

Pepe/DimondMove to Full Legislature
187

RESOLUTION AMENDING RESOLUTION 175 OF 2021 (COUNTY EXECUTIVE)

Dimond/PepeMove to Full Legislature
188

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HUMANA (PERSONNEL)

Headwell, Jr./DimondMove to Full Legislature
189

RESOLUTION AMENDING 2020 DELTA DENTAL RENEWAL AGREEMENT - (PERSONNEL)

Sweet/DimondMove to Full Legislature
190

RESOLUTION AUTHORIZNG THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - EASTERN MEDICAL SUPPORT (PERSONNEL)

Pepe/DimondMove to Full Legislature
191

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH MATRIX/ARAYA (PERSONNEL)

Pepe/Headwell, Jr.Move to Full Legislature
192

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT- LABOR RELATIONS SERVICES- ROEMER WALLENS GOLD & MINEAUX, LLP (PERSONNEL)

Headwell, Jr./PepeMove to Full Legislature
193

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH MVP FOR THE HEALTH INSURANCE (PERSONNEL)

Dimond/PepeMove to Full Legislature
194

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A RENEWAL CONTRACT AMENDMENT WITH IAMRESPONDING (EMERGENCY MANAGEMENT)

Purtell/Headwell, Jr.Move to Full Legislature
195

RESOLUTION SUPPORTING INTERMUNICIPAL AGREEMENT FOR SERVICES FROM THE AMSTERDAM FIRE DEPARTMENT - CITY OF AMSTERDAM (EMERGENCY MANAGEMENT)

Wilson/SweetMove to Full Legislature
196

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY MICROENTERPRISE PROGRAM – HOME AND COMMUNITY RENEWAL (ECONOMIC DEVELOPMENT/PLANNING)

Pepe/SweetMove to Full Legislature
197

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AMENDED AGREEMENT WITH LIRO ENGINEERS, INC. FOR ENGINEERING SERVICES-EXIT 29 REDEVELOPMENT PROJECT (ECONOMIC DEVELOPMENT/PLANNING)

Sweet/WilsonMove to Full Legislature
198

RESOLUTION SCHEDULING PUBLIC HEARING - REVIEW OF AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT/PLANNING)

Sweet/WilsonMove to Full Legislature
199

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN GRANT AWARD TO UPDATE COUNTY ALL-HAZARD MITIGATION GRANT PROGRAM (ECONOMIC DEVELOPMENT/PLANNING)

Pepe/WilsonMove to Full Legislature
200

RESOLUTION AMENDING RESOLUTION 173 OF 2021 (COUNTY EXECUTIVE)

Wilson/SweetMove to Full Legislature
201

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

Pepe/PurtellMove to Full Legislature
202

RESOLUTION APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR PART-TIME, FULL-TIME ELECTED OFFICIALS AND APPOINTED OFFICIALS (PERSONNEL)

Wilson/DimondMove to Full Legislature
203

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

Purtell/WilsonMove to Full Legislature
204

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

Wilson/PurtellMove to Full Legislature
205

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO AUTHORIZE ADVERTISING FOR BIDS FOR THE FMCC WASTEWATER TREATMENT PLANT ALARM SYSTEM PROJECT

Pepe/WilsonMove to Full Legislature
206

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Dimond/WilsonMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 179 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT WITH LENZ HARDWARE LLC TO INSTALL AN UPGRADED TELEMETRY/SCADA SYSTEM AT THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 TO MONITOR THE PLANT AND PUMPING STATIONS AFTER HOURS.


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, the Montgomery County Sanitary District No.1 is obligated by the NYSDEC to have an after hours monitoring system in place to alert them of potential issues at the plant and pumping stations; and

WHEREASthe system in place is failing and antiquated and needs to be replaced; and

WHEREAS, Lenz Hardware, Inc. has submitted a proposal to provide such a system at a cost not to exceed $33,975.00; and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors approved this proposal at their August 14, 2021 board meeting.

RESOLVED, the Montgomery County Executive is hereby authorized and directed to execute the contract with Lenz Hardware, LLC at a cost not to exceed $33,975.00

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

To authorize the County Executive to execute the contract with Lenz Harware, LLC for the upgrade of the Disitrcts' telemetry system.


II. Justification:

It is mandated that the Distrct have an after hours monitoring system in place to alert personnel of issues when staff is not on site.


III. Legislative Impact:

Pursuant to Article 3 of the Charter.


IV. Financial Impact:

Budgeted 2021



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 180 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)


Resolution by Legislator: Wilson
Seconded by: Duchessi

WHEREAS, Montgomery County currently has agreements with the City of Amsterdam, Village of St. Johnsville, and the ten towns located in Montgomery County for control of snow and ice on County roads; and

WHEREAS, these agreements are about to expire, and

WHEREAS, it has been determined that it is beneficial to the County as well as the City of Amsterdam, Village of St. Johnsville, and the ten towns to renew theses agreements.

RESOLVED, pursuant to Section 135A of the Highway Law, the Montgomery County Legislature hereby authorizes and directs to the County Executive, upon review and approval of the County Attorney to enter into agreements with the City of Amsterdam, Village of St. Johnsville and the ten towns located in Montgomery County for control of snow and ice on County roads for two (2) year contract for the period of January 1, 2022 - December 31, 2023; and

RESOLVED, payment for the work to be performed under the terms of said agreements for snow and ice control  shall be at the following rate:

$6,049 per centerline mile for January 1, 2022 - December 31, 2022. 

$6,170 per centerline mile for January 1, 2023 - December 31, 2023.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR CONTROL OF SNOW AND ICE (PUBLIC WORKS)


II. Justification:

It has been determined that it is beneficial to the County as well as the City of Amsterdam, Village of St. Johnsville and the ten towns to renew these agreements.

 


III. Legislative Impact:

Authorized pursuant to Section 135A of the Highway Law.  Pursuant to Article 3 of the Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

To be included in the 2022 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 181 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN EASEMENT AGREEMENTS FOR BRIDGE REPLACEMENT- CEMETERY DRIVE BRIDGE IN THE TOWN OF FLORIDA


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, Montgomery County Department of Public Works, per Resolution 87 of 2019, implemented Project #2754.54.121.221.321 D036212 for Replacement of Cemetery Drive Bridge, BIN #3310200, located in the Town of Florida, and,

WHEREAS, Engineering and Design has been completed and survey of landowners who will be effected has been determined, and landowners have been notified, and,

WHEREAS, Permanent Easements are required for construction and future maintenance of Cemetery Drive Bridge and, per Highway Law 118, easements must be approved by County Legislature, and,

WHEREAS, the following Permanent Easements at the following properties are required for construction and future maintenance of Cemetery Drive Bridge, BIN #3310200:

         1. Brendon Schaufelberg, 165 Dulap Road, Amsterdam, NY 12010- SBL #87.0-1-21

         2. Brendon Schaufelberg,165 Dunlap Road, Amsterdam, NY 12010-SBL #103.-1-49

WHEREAS, the aforementioned landowner has agreed to provide Montgomery County with Permanenet Easement Agreements for a one-time fee of Five Hundred Dollars ($500.00) per SBL Parcel, totaling a sum of One Thousand Dollars ($1,000.00)

RESOLVED, that the Montgomery County Executive, upon review and approval of the Montgomery County Attorney, is hereby authorized to accept and sign Easement Agreements and any and all other associated documents.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To obtain Permanent Easements to construct and maintain the replacement of Cemetery Bridge, BIN# 3310200, located in the Town of Florida.


II. Justification:

Easements are needed to access private property, per Highway Law 118, easements must be approved by the Montgomery County Legislature.


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter, the Montgomery County Legislature has the authority to make any provisions for any matter in Montgomery County.


IV. Financial Impact:

* Funds are allocated to the project through the Bridge NY Program, which is 95% Federally funded and 5% locally funded.

* Montgomery County, by Resolution 87 of 2019, allocated funds for the project at $2,002,451.00, as the project is on a reimbursable basis and funds for Permanent Easements are authorized under the Bridge NY Funding Agreement, and bonding is already in place for the project.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 182 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING 2021 OPERATING BUDGET WITH FORFEITURE MONIES (DISTRICT ATTORNEY)


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

WHEREAS, forfeiture monies from criminal cases in the amount of $714.02 have been deposited with the Montgomery County Treasurer, and

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

RESOLVED, that the Montgomery County Treasurer is hereby authorized to amend the 2021 Operating Budget as follows:

INCREASE REVENUES:

A-25-3-2626    Forfeiture Crime Proceeds - Restricted   $714.02

INCREASE EXPENDITURES:

A-25-4-1165-00-.4522 DA/Law Enforcement Program $714.02

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To use forfeiture money from drug related prosecutions in Montgomery County to purchase equipment and provide money for training to law enforcement agencies throughout Montgomery County without any cost to Montgomery County.


II. Justification:

Law enforcement agencies benefit from purchases made using forfeiture monies for equipment and training.


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Forfeiture monies collecte will offset expenditures.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 183 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2021 OPERATING BUDGET ACCEPTING ADDITIONAL STOP-DWI CRACKDOWN ENFORCEMENT FUNDS (STOP-DWI)


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, the Montgomery County STOP-DWI program continues to work collaboratively with all police agencies in an effort to help keep Montgomery County's roadways safe; and

WHEREAS, the Montgomery County STOP-DWI program has been awarded additional Crackdown Enforcement funds in the amount of $7,000 for use in Montgomery County for sobriety checkpoints and/or roving patrols during the grant cycle October 1, 2020 through September 30, 2021.

NOW, THEREFORE BE IT RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2021 Operating Budget as follows:

INCREASE REVENUES:     
A-32-3-3089  State Aid, Other   $7,000
     
INCREASE APPROPRIATIONS:     
A-32-4-3315-00-4520  STOP-DWI/Law Enforcement Programs    $7,000 

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Amend the 2021 Operating Budget in order to utilize State Aid funds awarded for STOP-DWI Crackdown Enforcement. 


II. Justification:

Amend the 2021 Operating Budget in order to utilize State Aid funds awarded for STOP-DWI Crackdown Enforcement.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

Increase Revenues $7,000

Increase Appropriations $7,000



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 184 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT WITH VENTEK, INC. (SOCIAL SERVICES)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, the Department of Social Services is required to sign authorizations for services on a daily basis; and

WHEREAS, the Department is requesting authorization to renew the contract with VenTek, Inc. for an electronic signature program which eliminates the printing and manually signing of the LDSS-3209; and

WHEREAS, the agreement is for the term of 3 years from November 1, 2021 through October 31, 2024; and

RESOLVED, this contract is for a support/maintenance fee of $2,575.00 annually, totaling $7,725.00 for the three-year term.

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is authorized to execute the agreement with VenTek, Inc. for the contract period of 3 years in the amount of $2,575.00 annually, $7,725.00 total.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The Department of Social Services is requesting the County Executive sign a contract with VenTek, Inc. for a three-year period.


II. Justification:

This contract eliminates the manual process of signing forms.


III. Legislative Impact:

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


IV. Financial Impact:

The fee for this contract is $2,575 annually, $7,725 total for the three-year period.  



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 185 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH FONDA-FULTONVILLE CENTRAL SCHOOL DISTRICT, BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH, AND HAMILTON-FULTON-MONTGOMERY BOCES FOR HOME RUN PREVENTION PROGRAM (SOCIAL SERVICES)


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, Resolution 70 of 2021 authorized the County Executive to enter into contracts with Berkshire Farm Center and Services for Youth, Canajoharie Central School District, Fort-Plain Central School District, Greater Amsterdam School District, Oppenheim-Ephratah-St. Johnsville Central School District, and the Hamilton-Fulton-Montgomery BOCES for the Home Run and Turnabout Prevention Programs; and

WHEREAS, Fonda-Fultonville Central School District has elected to implement the Home Run Prevention Program beginning September 1, 2021.

RESOLVED, that the County Executive, upon review and approval of the County Attorney, is authorized to enter into a contract with Fonda-Fultonville Central School District, Berkshire Farm Center and Services for Youth, and HFM BOCES, for the implementation of the Home Run Prevention Program for the term of September 1, 2021 through December 31, 2021.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing the County Executive to sign contract with Fonda-Fultonville Central School District, Berkshire Farm Center and Services for Youth, and Hamilton-Fulton-Montgomery BOCES for the Home Run Prevention Program.


II. Justification:

This program will reduce costly foster care placements by keeping children in their own homes.


III. Legislative Impact:

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


IV. Financial Impact:

 

Berkshire Farm Center and Services for Youth contract will be funded 62% State dollars ($338,917.42) and 38% Local dollars ($207,723.58).

 

Fonda-Fultonville Central School District and HFM BOCES will reimburse the local dollar amount at a rate of $34,620.60 to the County, to be prorated based on term of the contract.

 

Due to these reimbursements, there will be no financial impact to the County.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 186 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT – STRUCTURAL COMPONENT DEPRECIATION MODEL – RECORDER BUILDING (SOCIAL SERVICES)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, the Department of Social Services currently contracts with Venesky & Company; and

WHEREAS, the Commissioner of Social Services recommends expanding the current services provided by Venesky & Company to include a contractual proposal for Structural Component Depreciation Model for the Recorder Building; and

WHEREAS, the project is expected to span calendar years 2021 and 2022 at a fixed fee of $8,750.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign said agreement with Venesky & Company.

FURTHER RESOVLED, that the Montgomery County Treasurer is authorized and directed to amend the 2021 Operating Budget as follows:

TRANSFER FROM:     
A-18-4-6010-00-.4461  Work Program Expense $8,750 
     
TRANSFER TO:     
A-18-4-6010-00-.4431  Professional Services $8,750

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign agreement for services with Venesky & Company.


II. Justification:

The Department of Social Services will use a contract document submitted by Venesky & Company for the development of a structural component depreciation model for the Recorder Building.


III. Legislative Impact:

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


IV. Financial Impact:

The total fee for the services of this agreement are at a fixed fee of $8,750.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 187 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 175 OF 2021 (COUNTY EXECUTIVE)


Resolution by Legislator: Dimond
Seconded by: Pepe

WHEREAS, a correction needs to be made to Resolution 175 of 2021.

RESOLVED, that the first further resolved in Resolution 175 of 2021 shall be amended to read as follows:

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 a rate $5,000 a month in addition to $40.00 per hour for vaccinators and $25.00 for clerical work.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING RESOLUTION 175 OF 2021 (COUNTY EXECUTIVE)


II. Justification:

A clarification is necessary for Resolution 175 of 2021.


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Charter


IV. Financial Impact:

Funds will be offset by the American Rescue Plan.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 188 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - HUMANA (PERSONNEL)


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

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to participate with the Humana Medicare Employer Plan for health insurance only, (no prescription drugs); and 

WHEREAS, Humana has provided excellent service to Montgomery County and for a continuity of services it is recommended continuing to participate in the plan.

WHEREAS, the Humana Medicare Employer LPPO Plan will be effective, January 1, 2022 - December 31, 2022.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign an agreement with Humana plan for health insurance only, (no prescription drugs) at a rate of $179.88 per member per month for a term of January 1, 2022 - December 31, 2022.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Renewal Agreement with Humana Medicare Employer Plan for health insurance only.


II. Justification:

Montgomery County provides health insurance benefits to retirees who are age 65 and over.


III. Legislative Impact:

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


IV. Financial Impact:

The renewal for Montgomery County's current medical plan comes in at $179.88 per member per month. This is an increase over last year however, last year we saw a significant discounts by Humana as a response to COVID for pricing.  



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 189 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING 2020 DELTA DENTAL RENEWAL AGREEMENT - (PERSONNEL)


Resolution by Legislator: Sweet
Seconded by: Dimond

WHEREAS, the agreement with Delta Dental is set to expire on December 31, 2021; and

WHEREAS, the Personnel Officer is recommending that the agreement with Delta Dental be renewed.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval by the County Attorney to sign an agreement with Delta Dental at a rate of $5.31 per employee per month.

FURTHER RESOLVED, said agreement shall be effective January 1, 2022 through December 31, 2023.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution Authorizing the County Executive to sign renewal agreement with Delta Dental for our dental insurance.

 


II. Justification:

Montgomery County contractually provides dental benefits to employees.


III. Legislative Impact:

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


IV. Financial Impact:

The renewal for Montgomery County's current Delta Dental Plan will remain the same as the 2021 rate of $5.31 PMPM.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 190 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZNG THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - EASTERN MEDICAL SUPPORT (PERSONNEL)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, Montgomery County requires that employees have a pre-employment physical/drug screen and random drug testing; and 

WHEREAS, the County is also required to comply with Department of Transportation mandates placed upon Montgomery County for all CDL drivers; and

WHEREAS, the Personnel Officer recommends the renewal of the contract from 1/1/2022-12/31/2024 allowing for a continuity of services;  and

RESOLVED, that Montgomery County Legislature Herby authorized and directs the County Executive, following the review and approval of the County Attorney, to sign an agreement with Eastern Medical Support to administer the provisions of said contract. 

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Recommended renewal of the contract with EMS to administer the County's physical Examinations and also administer the County's Drug and Alcohol CDL Testing Program.


II. Justification:

Montgomery County requires that employees have a pre-employment physical/drug screen. In addition, Montgomery County has implemented random drug testing with some of the bargaining agreements. Further, Montgomery County also is required to comply with Department of Transportation mandates placed upon Montgomery County for all CDL drivers.


III. Legislative Impact:

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


IV. Financial Impact:

Costs per services have increased and is detailed in the attachment.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 191 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT WITH MATRIX/ARAYA (PERSONNEL)


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

WHEREAS, the agreement with Matrix/Araya is is set to expire on December 31, 2021; and

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to utilize the pharmacy benefit services provided by Matrix/Araya; and 

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign said agreement with Matrix/Araya with the fee schedule attached hereto and made a part hereof; and 

FURTHER RESOLVED, that said agreement shall be effective January 1, 2022 and ending December 31, 2022.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Renewal agreement with Matrix/Araya


II. Justification:

Matrix/Araya, is the current pharmacy benefit manager for Montgomery County, who provides, manages and administers prescription drug programs including the maintenance of a nationwide network of pharmacy, claims administration, prescription drug management and rebate services.


III. Legislative Impact:

Pursuant to section 2.04 (b) of the charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

Montgomery County will not see any changes in the Matrix/Araya fee schedule for the 2022 plan year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 192 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT- LABOR RELATIONS SERVICES- ROEMER WALLENS GOLD & MINEAUX, LLP (PERSONNEL)


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

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue professional labor relations services with Roemer, Wallens, Gold & Mineaux, LLP, of Albany, New York to provide collective negotiating, consultations services and labor relation services; and

WHEREAS, professional labor relations services are highly specialized and require an exercise of judgment or discretion; and

WHEREAS, Roemer, Wallens, Gold & Mineaux, LLP has provided professional labor relations services to Montgomery County for many years and are familiar with the policies and issues present in Montgomery County; and

WHEREAS, Roemer, Wallens, Gold & Mineaux, LLP has provided excellent representation to Montgomery County.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign and agreement with Roemer, Wallens, Gold & Mineaux, LLP, of Albany, New York, to provide collective negotiating, consultations services and labor relation services; and

FURTHER RESOLVED, that said agreement is for a period commencing on January 1, 2022 and ending on December 31, 2024.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Labor relations services.


II. Justification:

Provide legal and consultation services regarding labor relations to Montgomery County to minimize liability and ensure compliance with all federal, state and local labor laws.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive is authorized to sign contracts.


IV. Financial Impact:

The following monthly rates are for the services specifically provided within this Agreement.

2022- rate $4,300.00- same as 2021

2023 - rate increases from $4300.00 to 4,400.00

2024 - rate increases from $4400.00 to 4,500.00

The following increased rates are for services NOT specifically covered by this Agreement.

Partner and Senior Associate Attorney rates have increased from $250.00 to $260.00 for 2022 and 2023 then there will be an increase in 2024 to $270.00.

Associate Attorney rates have increased from $210.00 to $220.00 for 2022 and 2023 then there will be an increase in 2024 to $230.00.

Paralegal rates have increased from $130.00 to $135.00  2022 and 2023 then there will be an increase in 2024 to $140.00.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 193 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH MVP FOR THE HEALTH INSURANCE (PERSONNEL)


Resolution by Legislator: Dimond
Seconded by: Pepe

WHEREAS, it has been recommended by the Personnel Officer that Montgomery County continue to participate with the MVP Plan for health insurance only, (no prescription drugs); and 

WHEREAS, MVP has provided excellent service to Montgomery County and for a continuation of services it is recommended continuing to participate in the plan; and

WHEREAS, the MVP Plan will be effective, January 1, 2022 - December 31, 2024.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign an agreement with MVP for health insurance only, (no prescription drugs) at a rate of $39.55 per member per month for the administration of the plan for a term of January 1, 2022 - December 31, 2024.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Montgomery County provides health insurance benefits to active employees and retirees under age 65. It is recommended by the Personnel Officer that the County remain with MVP.


II. Justification:

Montgomery County provides health insurance benefits to active employees and retirees under age 65


III. Legislative Impact:

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


IV. Financial Impact:

The per member per month fee has increased slightly from $38.20 to $39.55 pmpm. The rate will hold until the contract end date of 12/31/2024.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 194 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A RENEWAL CONTRACT AMENDMENT WITH IAMRESPONDING (EMERGENCY MANAGEMENT)


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

WHEREAS, the Montgomery County Legislature accepted the State Homeland Security Program FY20 SHSP grant pursuant to Resolution 172 of 2016; and 

WHEREAS, IAMRESPONDING is a software program that will provide real time texting to every fire department, the Montgomery County Sheriff's Office, the Amsterdam Police Department and GAVAC; and

WHEREAS, the system will cost $55,000 for a three year contract renewal which is covered by the SHSP FY20 grant.

RESOLVED, the County Executive upon review and approval of the County Attorney is hereby authorized to sign a three (3) year contract renewal with IAMRESPONDING for the period of September 1, 2021 through August 31, 2023 at a cost not to exceed $55,000.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A (3) THREE YEAR CONTRACT WITH IAMRESPONDING (EMERGENCY MANAGEMENT)


II. Justification:

This grant has been secured to help with preparedness throughout the county.  The grant will provide Iamresponding to every FD in the county, GAVAC, Amsterdam Police and the Sheriff's Office to assist with emergency notification and response and it will provide literature and materials to hand out to the public with preparedness information. 


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legilsature has the power to make appropriations. Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

There should be no financial impact, this grant is 100% clear with no match funds required. 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 195 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION SUPPORTING INTERMUNICIPAL AGREEMENT FOR SERVICES FROM THE AMSTERDAM FIRE DEPARTMENT - CITY OF AMSTERDAM (EMERGENCY MANAGEMENT)


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, responding to HAZMAT incidents and confined space rescue incidents requires specific manpower and training it is necessary to set a course of action for appropriately staffed and trained coverage for Montgomery County; and

WHEREAS, it has been determined that cooperative action with the City of Amsterdam Fire Department will stabalize response, improve overall safety and be an economic benefit to both municipalities; and

WHEREAS, it is expected that this intermunicipal agreement will be beneficial to both Montgomery County and the City of Amsterdam.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, to sign an Intermuniciapl Agreement for services from the City of Amsterdam (Fire Department)  for a term of January 1, 2021 -December 31, 2025 at the rate of $10,000 a year for 2021 and $15,000 a year for each of the remaining 4 years.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION SUPPORTING INTERMUNICIPAL AGREEMENT FOR SERVICES FROM THE AMSTERDAM FIRE DEPARTMENT - CITY OF AMSTERDAM (EMERGENCY MANAGEMENT)


II. Justification:

Montgomery County has the longest stretch of NYS Thruway and CSX rail tracks in the entire State of New York.  We also have many State roads that encompass a large area of our jurisdiction.  All of these travel routes place us at risk for a Hazardous Material incident at any given time.  This combined with the natural hazards of some of our industry has proven to be the main requiring factor to make sure our Hazardous Material Response Team is staffed, trained and capable of protecting our citizens and infrastrcuture.  We are in a regional agreement with Fulton and Schoharie County to provide us assistance when needed.  The Amsterdam Fire Department has agreed to provide response for this team and has stabalized our ability to handle these types of incidents on a daily basis.

The Amsterdam Fire Department also has trained firefighters in confined space rescue.  They have agreed to support our Department of Public Works for any confined space work detail, rescue or incident.  These two things are very imporant for the safety of our employees, constituents, guests and business owners.  The money set aside in the 2021budget ($10,000) for the first year of this agreement followed by  yearly payments of $15,000 for the next four years of this agreement


III. Legislative Impact:

PURSUANT TO GENERAL MUNICIPAL LAW 119-o MUNICIPAL CORPORATIONS HAVE THE POWER TO ENTER INTO AGREEMENTS FOR THE PERFORMANCE AMONG THEMSELVES OR ONE FOR THE OTHER RESPECTIVE FUNCTIONS, POWERS, AND DUTIES ON A COOPERATIVE OR CONTRACT BASIS.  THESE AGREEMENTS MUST BE ENTERED INTO BY A MAJORITY VOTE OF THE VOTING STRENGTH OF ITS GOVERNING BODY.

PURSUANT TO ARTICLE 3 OF THE CHARTER MONTGOMERY COUNTY EXECUTIVE HAS THE AUTHORITY TO ENTER INTO CONTRACTS.


IV. Financial Impact:

The financial impact for this resolution is $10,000.00.  This money was already approved in the 2021 budget and has been placed in the appropriate line.  $15,000 will need to be budgeted in the following four years of this agreement



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 196 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY MICROENTERPRISE PROGRAM – HOME AND COMMUNITY RENEWAL (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, the New York State Office of Homes and Community Renewal (NYSHCR) accepted applications for projects that would further the goals and objectives of the Microenterprise Grant Program and Regional Economic Development Councils Strategic Plans; and

WHEREAS, Montgomery County submitted an application for the Montgomery County Microenterprise Program; and

WHEREAS, the project requested funding in order to assist local businesses that target start-up and expanding small businesses throughout the boundaries of Montgomery County; and

WHEREAS, that said grant funding was awarded in the amount of $300,000 from the New York State Office of Homes and Community Renewal (NYSHCR) with a share of $29,000 in business owner equity;

RESOLVED, that the Montgomery County Department of Economic Development & Planning are hereby authorized to administer said application on behalf of Montgomery County; and

FURTHER RESOLVED, upon review of the provided contract with New York State Office of Homes and Community Renewal (NYSHCR) by the County Attorney, the County Executive is hereby authorized to sign said contract and any other contracts associated with said grant implementation, and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit all required application and subsequent reporting materials for funding under the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Microenterprise Program.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2021 Operating Budget as follows:

INCREASE REVENUES: 

 

 

A-24-3-3789

Other Econ Assistance & Opp

$300,000

 

 

 

INCREASE APPROPRIATIONS: 

 

 

A-24-4-6430-00-.4431 

Professional Services

$300,000

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ACCEPTING GRANT APPLICATION FOR MONTGOMERY COUNTY MICROENTERPRISE PROGRAM – HOME AND COMMUNITY RENEWAL


II. Justification:

Grant funding was awarded in the amount of $300,000 from the New York State Office of Homes and Community Renewal (NYSHCR) with a share of $29,000 in business owner equity


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to appropriate funds. Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

No County match, $29,000 will be paid in business owner equity.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 197 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AMENDED AGREEMENT WITH LIRO ENGINEERS, INC. FOR ENGINEERING SERVICES-EXIT 29 REDEVELOPMENT PROJECT (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the Village of Canajoharie and Montgomery County have an interest in revitalizing urban areas and stabilizing neighborhoods; and

WHEREAS, the Village of Canajoharie was awarded a total of $6,500,000 in Restore NY Communities grant funds for the purpose of revitalizing the Exit 29 site in which the County is owner to; and

WHEREAS, in order to carry out said tasks and goals associated with the awarded funds the County solicited RFQ 02-18 Engineering For Former Beech-Nut Plant Demolition/Rehabilitation and responses were received; and

WHEREAS, Resolution #153 of 2018 awarded the contract to LiRo Engineers, Inc. at a cost not to exceed $475,000 and Resolutions #200 of 2019 and #93 of 2020 amended the contract at cost not to exceed $725,000; and

WHEREAS, Liro has incurred additional administrative fees related to implementation of modifications to the final design for the West Side Demolition, extensive post-bid interviews with bidders, and collection of numerous Empire State Development required forms from the Contractors in relation to the grant drawdown; and

WHEREAS, Part VI (C) (j) of the Montgomery County Procurement Policy allows to continue with professional services for existing projects that require the continuity of the professional services to ensure proper completion of the project.

RESOLVED, the Montgomery County Legislature hereby authorizes an amendment to the contract for a total cost not to exceed $727,000; and

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign the aforementioned contract.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO SIGN AMENDED AGREEMENT WITH LIRO ENGINEERS, INC. FOR ENGINEERING SERVICES-EXIT 29 REDEVELOPMENT PROJECT


II. Justification:

Professional engineering services for this project we necessary due to modifications in final bids and grant drawdown submittals.


III. Legislative Impact:

Pursuant to Section 3.02(g) of the Montgomery County Charter, the County Executive can make, sign and implement all contracts on behalf of the County within the authorized appropriations. Also authorized pursuant to the Montgomery County Procurement Policy.


IV. Financial Impact:

Resolution #120 of 2018 and Resolution #264 of 2019 authorized issuance of $6,000,000 in serial bonds for this project.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 198 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION SCHEDULING PUBLIC HEARING - REVIEW OF AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, Agricultural District No. 1 is required to undergo a review every eight years, pursuant to New York State Agricultural and Markets Law Article 25AA; and

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board is conducting an in-depth review of said District, with recommendations to modify said district; and

WHEREAS, the law requires the County Legislature to conduct a public hearing on the status of proposed modifications.

RESOLVED, that the Montgomery County Legislature hereby schedules a Public Hearing on Agricultural District No.1, to be held at 6:55 p.m., Tuesday, October 26, 2021 in the Chambers of the County Legislature, County Office Building, Fonda, New York, and

FURTHER RESOLVED, the Montgomery County Clerk of the Legislature hereby is directed to cause legal notice of said Public Hearing to be published according to law; and

FURTHER RESOLVED, that written notice shall be given to those municipalities whose territories encompass the district and any proposed modifications, and to persons, as listed on the most recent assessment roll, whose land is the subject of a proposed modification, and to the Commissioner of Agriculture and Markets.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes the scheduling of a Public Hearing on the proposed Agricultural District #1 modifications


II. Justification:

Public Hearing is required as part of the Agricultural District Review as laid out in State Ag and Markets Law Article 25AA.


III. Legislative Impact:

Authorized by Article 2 of the Montgomery County Charter.


IV. Financial Impact:

The cost of the public hearing publication is not anticipated to exceed $50.00,



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 199 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN GRANT AWARD TO UPDATE COUNTY ALL-HAZARD MITIGATION GRANT PROGRAM (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the Disaster Mitigation Act of 2000 requires that local governments have either a single-jurisdiction or a multi-jurisdiction all-hazard mitigation plan that has been approved by the Federal Emergency Management Agency (FEMA) to receive project funding from the Hazard Mitigation Grant Program; and

WHEREAS, the New York State Division of Homeland Security and Emergency Services has awarded a Planning Grant Application from Montgomery County and their jurisdictions to update the existing 2016 All-Hazard Mitigation Plan; and  

WHEREAS, Montgomery County has been awarded an amount up to $80,000 to prepare an update to the 2016 Montgomery County Multi-Jurisdictional All-hazard Mitigation Plan; and

WHEREAS, said grant funding is awarded on the basis of a $60,000 State share and $20,000 County share in either cash or in-kind services or a combination of both. 
 
RESOLVED, the County Executive is hereby authorized to sign upon review and approval by the County Attorney, a contractual agreement with the New York State Division of Homeland Security and Emergency Services.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO SIGN GRANT AWARD TO UPDATE COUNTY ALL-HAZARD MITIGATION GRANT PROGRAM


II. Justification:

Resolution is necessary to sign grant and move forward with soliciting RFP's for Planning Services


III. Legislative Impact:

Pursuant to Section 3.02(g) of the Montgomery County Charter, the County Executive can make, sign and implement all contracts on behalf of the County within the authorized appropriations. Also authorized pursuant to the Montgomery County Procurement Policy.


IV. Financial Impact:

Total grant is up to $80,000 which requires a County match of $20,000.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 200 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 173 OF 2021 (COUNTY EXECUTIVE)


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, there was a scriveners error in Resolution 173 of 2021 that needs to be corrected.

NOW THEREFORE BE IT RESOLVED, that the amount of of $48,000 in Resolution 173 of 2021 shall be replaced with $55,000.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING RESOLUTION 173 OF 2021


II. Justification:

There was a scriveners error in Resolution 173 of 2021 that needs to be corrected.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

The financial impact remains the same as indicated on Resolution 173 of 2021.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 201 of 2021

DATED: September 28, 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: Purtell

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 ddefendants McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Drug Corporation, PSS World Medical, Inc., Kinray, LLC, Bellco Drug Corporation, and American Medical Distributors, 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 between approximately Worst Case Scenario  ($673,540.92) Dollars and Best Case Scenario  ($1,189,800.40) Dollars over over eighteen (18) 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 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 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 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(9). (9/28/2021)



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

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


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

Worst Case Scenario  ($673,540.92) Dollars and Best Case Scenario  ($1,189,800.40) Dollars coming to the County over over eighteen (18) years.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 202 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR PART-TIME, FULL-TIME ELECTED OFFICIALS AND APPOINTED OFFICIALS (PERSONNEL)


Resolution by Legislator: Wilson
Seconded by: Dimond

WHEREAS, the New York State Employee’s Retirement System requires a local governing body to set standards for retirement system credit for applicable part-time and full-time elected and appointed officials, and

WHEREAS, that the New York State Retirement System has requested forms RS 2417-A and RS 2417 –B be updated and submitted, and

WHEREAS, such standards are needed to set forth the average number of full-time equivalent (FTE) days worked by such employees.

FURTHER RESOLVED, that the standard workday for the full-time elected positions hereby are established at 7 hours per day, and

FURTHER RESOLVED, the Montgomery County Legislature does hereby adopt and approve the standards for the “Retirement Days Credited Monthly for Elected Full-time Officials” under the New York Sate Employee’s Retirement System, and

FURTHER RESOLVED, that the Retirement System forms RS 2417-A and RS 2417 –B shall be submitted to the New York State Retirement System so that they can be audited for compliance and accuracy which will determine the credit of Retirement days for Montgomery County’s  officials.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING THE RETIREMENT DAYS CREDITED MONTHLY FOR PART-TIME, FULL-TIME ELECTED OFFICIALS AND APPOINTED OFFICIALS


II. Justification:

The New York State Employee’s Retirement System requires a local governing body to set standards for retirement system credit for applicable officials.


III. Legislative Impact:

The Clerk of the Legislature is required to file said forms.


IV. Financial Impact:

Reporting documentation, therefore, no financial impact.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 203 of 2021

DATED: September 28, 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.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Sweet, was defeated with Aye(2). Legislators Kelly, Sweet, Wilson, Duchessi, Pepe, Isabel and Purtell voted Nay.(9/28/2021)

RESOLUTION VOTE, passed with Aye(5). Legislators Kelly, Dimond, Headwell, Jr. and Pepe voted Nay. (9/28/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

Amendments will help improve efficiency.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 204 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

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


Resolution by Legislator: Wilson
Seconded by: Purtell

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.

RESOLUTION VOTE, passed with Aye(7). Legislators Dimond and Headwell, Jr. voted Nay. (9/28/2021)



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. 205 of 2021

DATED: September 28, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO AUTHORIZE ADVERTISING FOR BIDS FOR THE FMCC WASTEWATER TREATMENT PLANT ALARM SYSTEM PROJECT


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, Fulton County Resolution No. 193 of 2020 amended the 2020 Capital Plan to substitute four (4) Health and Safety Projects in place of the FMCC Classrooms Labs and Classrooms Phase III and Financial Technology Lab Renovation Project, and

WHEREAS, Montgomery County Resolution No. 185 of 2020 approved authorizing the FMCC Campus Labs & Classrooms – Phase 3 Project Health and Safety, and

WHEREAS, funding for the four (4) Health and Safety Projects is as follows:

NYS 50% Matching Funds: $   250,000.00
Fulton County Appropriation: $   125,000.00
Montgomery County Appropriation: $   125,000.00
TOTAL PROJECT BUDGET: $   500,000.00

WHEREAS, The four (4) Health and Safety projects were as follows:

 Contract Work

 Contractor

 Overall Project Budget

 Actual Cost

Fire Alarm Obsolescence

Davis-Ulmer Fire Protection1

$ 324,250.00

$ 307,100.00

Chiller Renewal

Trane2

$ 100,000.00

$   99,070.47

WWTP Design

Ryan-Biggs Clark-Davis

$   16,000.00

$   16,000.00

WWTP Work

 

$   44,000.00

$  

JMZ Reimbursement for 2020 Lab Project

JMZ

$   15,750.00

$   20,800.00

Total:

 

$ 500,000.00

$ 442,970.47

1State Contract PT68782

2State Contract PT68873

WHEREAS, FMCC identified that the Wastewater Treatment Plant Alarm System project would be a $60,000 project, to include both engineering and construction, and

WHEREAS, Resolution No. 40 dated January 26, 2021 authorized contracts to the four (4) Health and Safety projects to include a $16,000 contract for design services to the Wastewater Treatment Plant Alarm System project, and

WHEREAS, there remains $57,029.53 of the total $500,000 appropriation to the four (4) Health and Safety projects identified, and

WHERAS, any additional funding that may be required based upon bids received to the Wastewater Treatment Plant Alarm System construction be covered by FMCC, and

WHEREAS, the Bid Schedule is as follows:

  1. BID SCHEDULE:
Advertise for Bids: September 13, 2021
Open Bids: October 20, 2021
Award Contracts: November 8, 2021

NOW, THEREFORE BE IT 

RESOLVED, that the County Executive is authorized to advertise for bids for the FMCC Wastewater Treatment Plant Alarm System Project.

RESOLUTION VOTE, passed with Aye(9). (9/28/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO AUTHORIZE ADVERTISING FOR BIDS FOR THE FMCC WASTEWATER TREATMENT PLANT ALARM SYSTEM PROJECT


II. Justification:

Montgomery County Resolution No. 185 of 2020 approved authorizing the FMCC Campus Labs & Classrooms – Phase 3 Project Health and Safety


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Section 2.04 of the Montgomery County Charter.


IV. Financial Impact:

budget neutral



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 206 of 2021

DATED: September 28, 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 25, 2021 through Septemeber 28, 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(9). (9/28/2021)



Abstract of Audited Claims - September 2021

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