AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
October 26, 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 1-872-240-3212, Access Code 249-444-725. 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 - Craig Phillips, Fort Plain Baseball Coach

 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
207

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

Headwell, Jr./WilsonMove to Full Legislature
208

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - OVERTIME (SHERIFF) 

Sweet/WilsonMove to Full Legislature
209

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - EASTERN MEDICAL SUPPORT, LLC. (SHERIFF) 

Isabel/Headwell, Jr.Move to Full Legislature
210

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR SCHOOL RESOURCE OFFICER POSITIONS (SHERIFF)

Headwell, Jr./WilsonMove to Full Legislature
211

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - SHIFT DIFFERENTIAL (SHERIFF)

Sweet/PepeMove to Full Legislature
212

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - EQUIPMENT (SHERIFF)

Isabel/WilsonMove to Full Legislature
213

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - OVERTIME (SHERIFF) 

Sweet/PepeMove to Full Legislature
214

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT FOR INMATE DENTAL SERVICES (SHERIFF) 

Wilson/SweetMove to Full Legislature
215

RESOLUTION AMENDING RESOLUTION 194 OF 2021 (EMERGENCY MANAGEMENT)

Headwell, Jr./IsabelMove to Full Legislature
216

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR REVIEW OF AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/PepeMove to Full Legislature
217

RESOLUTION ESTABLISHING NEGATIVE DECLARATION IN A SEQR DETERMINATION FOR REVIEW OF AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/PepeMove to Full Legislature
218

RESOLUTION MODIFYING MONTGOMERY COUNTY AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT AND PLANNING)

Kelly/WilsonMove to Full Legislature
219

RESOLUTION AMENDING 2021 OPERATING BUDGET-2021 PUBLIC HEALTH CORONAVIRUS (COVID-19) VACCINE RESPONSE GRANT FUNDS (PUBLIC HEALTH)

Sweet/PepeMove to Full Legislature
220

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

Purtell/PepeMove to Full Legislature
221

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - 2022 TRANSPORTATION OF FULTON COUNTY VETERANS - YOUTH & VETERANS' SERVICES

Purtell/SweetMove to Full Legislature
222

RESOLUTION AWARDING AND AUTHORIZING MONTGOMERY COUNTY EXECUTIVE TO SIGN CONTRACT FOR OPERATION AND WASTE TRANSPORT SERVICES ASSOCIATED THE MONTGOMERY COUNTY TRANSFER STATIONS (COUNTY LEGISLATURE)

Pepe/WilsonMove to Full Legislature
223

RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)

Wilson/PurtellMove to Full Legislature
224

RESOLUTION AUTHORIZING SALE OF COUNTY PROPERTY- 2006 INTERNATIONAL MODEL 7400

Purtell/WilsonMove to Full Legislature
225

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A THIRD LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1

Pepe/SweetMove to Full Legislature
226

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AMENDMENT TO CONTRACT WITH VECTOR SOLUTIONS (PERSONNEL)

Kelly/PepeMove to Full Legislature
227

RESOLUTION RATIFYING A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND LOCAL 294 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS FOR CORRECTION OFFICERS, AND AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT FOR A PERIOD OF JANUARY 1, 2018 - DECEMBER 31, 2023.  (PERSONNEL - LABOR/MANAGEMENT)

Purtell/PepeMove to Full Legislature
228

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

Kelly/PepeMove to Full Legislature
229

RESOLUTION TO SETTLE  LITIGATION - CARTER V MONTGOMERY COUNTY (LAW)

Wilson/SweetMove to Full Legislature
230

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO MOHAWK COUNTRY, INC. TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)

Kelly/SweetMove to Full Legislature
231

RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY

Purtell/WilsonMove to Full Legislature
232

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE (COUNTY CLERK)

Purtell/WilsonMove to Full Legislature
233

RESOLUTION INCREASING PETTY CASH ACCOUNT AMOUNT (COUNTY CLERK)

Pepe/SweetMove to Full Legislature
234

RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE IN THE TOWN OF AMSTERDAM (COUNTY TREASURER)

Purtell/WilsonMove to Full Legislature
235

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Wilson/PepeMove to Full Legislature
236

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE "COUNTY"), DATED OCTOBER 26, 2021, AUTHORIZING THE REPLACEMENT OF GENERATORS AT THE COUNTY’S SANITARY DISTRICT #1 MAIN WASTEWATER TREATMENT PLANT AND FORT PLAIN PUMPING STATION, ESTIMATING THE AGGREGATE COST THEREOF TO BE $483,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $320,000.00 BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES

Sweet/WilsonMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 207 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

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


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

WHEREAS, forfetiure monies from criminal cases in the amount of $2470.56 have been deposited with the Montgomery County Treasurer, and

WHEREAS, said forfetiure monies 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      $2470.56

INCREASE EXPENDITURES:

A-25-4-1165-00-.4522 - DA/Law Enforcement Program       $2470.56

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To use forfeiture moniey 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 purcahses 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 collected will offset expenditures.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 208 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - OVERTIME (SHERIFF) 


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, there is a need to add funds to the patrol overtime line; and

WHEREAS, Montgomery County Deputy Sheriff's have seen an increase in calls for service, an increase in partnering with our community and an increase in larger cases/details causing overtime; and

WHEREAS, a large  portion of overtime spent does come back to the county and goes into the general fund;

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

INCREASE REVENUE:     
A-15-3-1270-00 Shared Services Charges  $6,236.08
     
INCREASE APPROPRIATION:     
A-15-4-3110-00-.1111 (1212) Overtime  $6,236.08

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - OVERTIME (SHERIFF)

 


II. Justification:

This money was extra STOP-DWI Crackdown money that was awarded to the Sheriff's Office to perform specific DWI patrols and is not a part of the current budget.  This money was spent in overtime and therefore we request that it be placed back into the original line, thank you!


III. Legislative Impact:

Montgomery County Legislators have the authority to authorize budget transfers pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

There should be no financial impact as this money was awarded from STOP-DWI.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 209 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - EASTERN MEDICAL SUPPORT, LLC. (SHERIFF) 


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

WHEREAS, it is necessary to provide medical services for incarcerated individuals at the Montgomery County Jail, and 

WHEREAS, a Request for a Proposal was submitted soliciting services for January 1, 2022 until December 31, 2023; and

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, to sign an agreement with Eastern Medical Support, LLC for provision of medical services at the Montgomery County Jail, following review and approval by the County Attorney for 2022 at an amount not to exceed $240,959.20 and for 2023, $246,983.18.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT - EASTERN MEDICAL SUPPORT, LLC. (SHERIFF) 

 


II. Justification:

Medical services must be provided to the incarcerated individuals in the Montgomery County Jail.  We are very pleased with our servcie and partnership with Eastern Med.  Keeping the cost the same is certainly rewarding.  We continue to try and save or keep costs constant, even though the count is down, we never know when it will increase and what medical issues may arise.  Attached is the contract and letter to support this resolution, thank you!


III. Legislative Impact:

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


IV. Financial Impact:

There are increases built into this agreement, however EMS is our main medical provider for the inamtes and a necessity.  



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 210 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR SCHOOL RESOURCE OFFICER POSITIONS (SHERIFF)


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

WHEREAS, the Fonda-Fultonville School District and Enlarged Amsterdam School District wish to enter into a contract with Montgomery County and the Montgomery County Sheriff for a School Resource Officer (SRO) during the 2021-2022 school year; and

WHEREAS, the Fonda Fultonville School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of 181 instructional days during the school year of 2020-2021 totaling $57,326.32 or a per diem of $316.72 a day; and

WHEREAS, the Enlarged Amsterdam School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of 167 instructional days during the school year of 2021-2022 totaling $63,860.80 or a per diem of $47.80 per hour.

RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Fonda Fultonville School District  for a total of 181 instructional days during the school year of 2021-2022 totaling $57,326.32 a per diem of $316.72 a day; and

FURTHER RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Enlarged Amsterdam School District for a total of 167 instructional days during the school year of 2021-2022 totaling $63,860.80 or a per diem of $47.80 per hour.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH SCHOOL DISTRICTS FOR SCHOOL RESOURCE OFFICER POSITIONS (SHERIFF)

 


II. Justification:

These SRO positions are vital to the safety and security of our students, staff and visitors for the appropriate school district.  These are not new positions and ones that have already been established.  The school district is covering the cost associated with this service.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

There should be no financial impact for this resolution.  The money is budgeted and is being reimbursed by the appropriate school district.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 211 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - SHIFT DIFFERENTIAL (SHERIFF)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, there is a need to add funds to the shift differential line; and

WHEREAS, Montgomery County Deputy Sheriff's have seen an increase in calls for service, an increase in partnering with our community and an increase in larger cases/details causing more shift differnetial; and

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

TRANSFER FROM:     
A-15-4-3150-00-.1120 (305) Cook- PT  $10,000.00
A-15-4-3020-14-.1113 (740) Shift Differential  $10,000.00
A-15-4-3150-00-1110 (76)  Correction Officer $4,999.00
      
     
     
     
TRANSFER TO:     
A-15-4-3110-00-.1113 (1213) Shift Differntial  $24,999.00

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Montgomery County Legislators have the authority to authorize budget transfers pursuant to Article 2 of the Montgomery County Charter.


II. Justification:

The Montgomery County Sheriff's Office continues to see an increase in calls for service, calls for partnership and larger volume cases.  This increase in shift differential is a direct result of more activity during the off busines hours.  This money is all within our current budget and will not require any additional funds.  Thank you! 


III. Legislative Impact:

Montgomery County Legislators have the authority to authorize budget transfers pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

There should be no financial impact as this money is budgeted and just moved within current lines.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 212 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - EQUIPMENT (SHERIFF)


Resolution by Legislator: Isabel
Seconded by: Wilson

WHEREAS, the Sheriff's Office has already received more revenue in the Jail than was budgeted for 2021, and we anticipate to continue recieving revenue throughout the year which will outweigh the expenditures listed in this resolution; and

WHEREAS, there are many equipment items that are necessary for employees to do their jobs properly, many of these items are malfunctioniing, being operated well past expiration dates and/or are broken; and

WHEREAS, the equipment will be used for the Montgomery County Sheriff's Office to benefit daily operations, officer safety, safety of the inmates and service to the community; and

WHEREAS, the Sheriff's Office is a partner with the community, surrounding correctional facilities and other law enforcement agencies.  Being properly equipped is essential for all of us.

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

INCREASED REVENUES:     
A-15-3-2264  Jail Facility Other Government  $215,475.51
     
INCREASE APPROPRIATIONS:     
A-15-4-3150-00-.4421 Property, Rent, Lease & Repair $51,793.00
A-15-4-3150-00-.2259  Computer Equipment $77,908.51
A-15-4-3150-00-.2230  Motor Vehicle Equipment $40,000.00
A-15-4-3150-00-.2260  Other Equipment $10,774.00
A-15-4-3110-00-.2244 Auxillary Vehicles $35,000.00

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Kelly, to add a FURTHER RESOLVED CLAUSE

FURTHER RESOLVED, that the Sheriff is authorized and directed to purchase snowmobiles from the lowest resonsible responsive bidder after bidding the equipment out via RFP.

passed with Aye(8). Legislator Isabel was absent.(10/26/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - EQUIPMENT (SHERIFF)

 


II. Justification:

The jail revenue continues to grow.  We have 13 Federal inmates currently and we have held for Saratoga County, Schenectady County and Otsego County.  We continue working hard in order to increase our revenues overall.  These purchases are specifically related to the jail, except for the snowmobiles.  I am available to answer specific questions regarding these purchases.  Thank you.


III. Legislative Impact:

Pursuant to section 2.04 (b) of the charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

The increased revenue covers the expenditures in its entirety.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 213 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - OVERTIME (SHERIFF) 


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, there is a need to add funds to the patrol overtime line; and

WHEREAS, Montgomery County Deputy Sheriff's have seen an increase in calls for service, an increase in partnering with our community and an increase in larger cases/details causing overtime; and

WHEREAS, this increase in overtime is something that is directly related to service and large events throughout the county;

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

TRANSFER FROM:     
A-15-4-3150-00-.2250 Technical Equipment  $1,500.00
A-15-4-3150-00-.4409 Office Furniture  $135.99
A-15-4-3150-00-.4436  Medical Fees  $5,000.00
A-15-4-3150-00-.4438   Misc. Support Services  $3,000.00 
A-15-4-3150-00-.4446  Food Supplies  $15,000.00 
A-15-4-3150-00-.4449  Special Supplies  $1,500.00 
A-15-4-3150-00-.4455  Training $1,650.00
A-15-4-3020-14-.4425 Maintenance Agreement $4,000.00
A-15-4-3020=14-.4470 Travel $750.00
TRANSFER TO:     
A-15-4-3110-00-.1111 (1212) Overtime  $32,535.99

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - OVERTIME (SHERIFF)

 


II. Justification:

Our Patrol division has been extremely busy.  We have seen an increase in cases that require a large amount of work.  Shootings, fatal accidents, overdoses, stabbings, death investigations, etc.  This combined with details, like the Fair, the Fonda 200, other public events throughout the county, trainings, swift water deployment, etc has resulted in spending more overtime than orignially budgeted.  Thankfully we can take from other parts of the current budget without requesting other funds.  


III. Legislative Impact:

Montgomery County Legislators have the authority to authorize budget transfers pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

There should be no financial impact as this money is budgeted and just moved within current lines.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 214 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT FOR INMATE DENTAL SERVICES (SHERIFF) 


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, it is necessary to contract with a dental services provider for Montgomery County Jail Inmates; and

WHEREAS, the Montgomery County Sheriff is recommending DOCS, Dentrust Optimized Care Solutions for dental services.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign an  agreement with DOCS, Dentrust Optimized Care Solutions, for the provision of dental services to inmates at the Montgomery County Jail; and

FURTHER RESOLVED, that said agreement shall be for the period commencing on January 1, 2021 and ending on December 31, 2022, with a compensation at the rate of $350 per hour and a minimum of 4 hours each visit, not to exceed $1,400 per month unless in case of an emergency; and 

 

FURTHER RESOLVED, this agreement may be renewed for two additional one year renewals if the Sheriff is satisifed with the service provided.  

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT FOR INMATE DENTAL SERVICES (SHERIFF) 

 


II. Justification:

The current denstist is retiring on 12/31/2021.  We need a provider by 1/1/2022.  This company is currently the provider for Fulton, Schenectady and Schoharie County Jails.  We have met with them and are staisfied with thier service and ability to meet our needs.  We also anticipate in a small savings at this time.  


III. Legislative Impact:

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


IV. Financial Impact:

Actually the financial impact should be better for us.  For 2021 we had budgeted $25,500, we are going to attempt to do 4 hours per month under this new contract in hopes of spending $16,800.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 215 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 194 OF 2021 (EMERGENCY MANAGEMENT)


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

WHEREAS, it is necessary to extend the term for the Iamresponding contract; and

WHEREAS, Resolution 194 of 2021 authorized a three (3) year contract with Iamresponding for a period of September 1, 2021 through August 31, 2023 at a cost not to exceed $55,000; and

WHEREAS, it is necessary to extend that term to allow an automatic renewal from a thirty-seven (37) month term of September 1, 2023 - September 30, 2026 at no additional cost to the County.

NOW THEREFORE BE IT RESOLVED, that the Resolution 194 of 2021 is amended to included the following: 

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes that the contract with IAMRESPONDING be automatically renewed for a thirty-seven (37) month term of September 1, 2023- September 30, 2026 at no additional cost to the County.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING RESOLUTION 194 OF 2021 (EMERGENCY MANAGEMENT)


II. Justification:

It is necessary to extend the term for the Iamresponding contract


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. 216 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION TO ESTABLISH THE MONTGOMERY COUNTY LEGISLATURE AS LEAD AGENCY IN SEQR DETERMINATION FOR REVIEW OF AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, Montgomery County is the local sponsor and administrator for the County’s Agricultural District’s 8-year reviews; and

WHEREAS, Montgomery County Agricultural District No. 1 is up for review; and

WHEREAS, Montgomery County Agricultural District No. 1 encompasses lands in in the Towns of Minden, Canajoharie, Villages of Fort Plain, Canajoharie, and Ames; and

WHEREAS, pursuant to Article 25-AA of the Agriculture and Markets Law (“AML”), SEQRA applies to the adoption, modification, continuation, consolidation, and termination of agricultural districts; and

WHEREAS, County legislative bodies adopt, review, modify, and consolidate agricultural districts pursuant to AML §§303, 303-a, 303-b, and 303-c, which is subject to review under the State Environmental Quality Review Act (SEQR) and is classified as an Unlisted Action pursuant to the regulations founds in 6 NYCRR, Part 617; and

WHEREAS, the Department of Agriculture and Markets is an involved agency.

RESOLVED, that the Montgomery County Legislature proposes that the Montgomery County Legislature act as the Lead Agency for the purpose of conducting a uncoordinated SEQR review of the proposed action and for issuing a determination of significance under SEQR; and

FURTHER RESOLVED, that the Montgomery County Legislature has completed and reviewed Part I of the EAF and hereby classifies the proposed action as an unlisted action; and

FURTHER RESOLVED, there are other involved agencies and review will proceed as uncoordinated until a determination is made that there will be a negative impact pursuant to 6 NYCRR 617 (b) (4) (i).

FURTHER RESOLVED, that the Montgomery County Legislature herby authorizes and directs the County Executive, upon review and approval by the County Attorney, to sign any and all documents related to this process.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To establish the Montgomery County Legislature as the Lead Agency in relation to the County Agricultural District #1 Eight Review adoption.


II. Justification:

Action adopting the Agricultural District #1 Eight Review Report is subject to SEQR.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

This resolution has no financial impact.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 217 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION ESTABLISHING NEGATIVE DECLARATION IN A SEQR DETERMINATION FOR REVIEW OF AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, Montgomery County is the local sponsor and administrator for the County’s Agricultural District’s 8-year reviews; and

 WHEREAS, Montgomery County Agricultural District No. 1 is up for review; and

 WHEREAS, Montgomery County Agricultural District No. 1 encompasses lands in the Towns of Minden, Canajoharie, Villages of Fort Plain, Canajoharie, and Ames; and

WHEREAS, pursuant to Article 25-AA of the Agriculture and Markets Law (“AML”), SEQRA applies to the adoption, modification, continuation, consolidation, and termination of agricultural districts; and

WHEREAS, County legislative bodies adopt, review, modify, and consolidate agricultural districts pursuant to AML §§303, 303-a, 303-b, and 303-c, which is subject to review under the State Environmental Quality Review Act (SEQR) and is classified as an Unlisted Action pursuant to the regulations founds in 6 NYCRR, Part 617; and

WHEREAS, the County Legislature has designated itself as lead agency; and

WHEREAS, the County Legislature has reviewed all the pertinent information with regard to SEQR, including Part I of the EAF; and

WHEREAS, the County Legislature completed Part II of the EAF as lead agency for the project pursuant to regulations found in 6 NYCRR, Part 617 determined that the project will not have a significant effect upon the environment.

RESOLVED, that Montgomery County Legislature determines that this project will not have a significant effect on the environment; and

FURTHER RESOLVED, that this Determination of Significance shall be considered a Negative Declaration made pursuant to Article 8 of the Environmental Conservation Law; and

FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to take any actions necessary to effectuate this resolution including signing the EAF.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

 

Resolution establishes negative declaration in association with the review and approval of the County's Agricultural District #1 8 Year Review Report


II. Justification:

A determination of SEQR is required in order to take action on said report.


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. 218 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION MODIFYING MONTGOMERY COUNTY AGRICULTURAL DISTRICT NO. 1 (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Kelly
Seconded by: Wilson

WHEREAS, the Montgomery County Agricultural and Farmland Protection Board has submitted recommendations concerning the review of Agricultural District No. 1, and

WHEREAS, a public hearing concerning the proposed modifications was conducted on Tuesday, October 26, 2021, and

WHEREAS, the Montgomery County Legislature issued a negative declaration on the SEQRA review of this action, and therefore an environmental impact statement will not be required; and

RESOLVED, that the County Legislature hereby determines that Agricultural District No. 1 be modified, as presented, and that it include only those parcels identified on the attached listing and made part of this resolution; and

FURTHER RESOLVED, that the Director of Economic Development and Planning hereby is authorized and directed to submit said plan, and related documentation, to the Commissioner of the Department of Agriculture and Markets for certification, and to file a description of said district with the County Clerk and the Commissioner of Agriculture and Markets.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution adopts Agricultural District #1 8 year review report.


II. Justification:

Ag and Market's Law requires Counties to review their Agricultural Districts every 8 years and modify as necessary.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter as well as Ag and Market's law


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 219 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AMENDING 2021 OPERATING BUDGET-2021 PUBLIC HEALTH CORONAVIRUS (COVID-19) VACCINE RESPONSE GRANT FUNDS (PUBLIC HEALTH)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, The Montgomery County Public Health Department has been awarded grant funds provided through a newly established Public Health Coronavirus (COVID-19) grant for vaccine response activities; and

WHEREAS, the Health Research Inc./ New York State Department of Health has awarded the Montgomery County Public Health Department funding in the amount of $176,662.14 based on the population and needs of Montgomery County to fund allowable activities as outlined by NYSDOH.

RESOLVED, that the County Executive, upon review and approval by the County Attorney, hereby is authorized and directed to sign any and all COVID-19 Vaccine Response grant contract documents for the contract period of January 1, 2021- June 30, 2024.

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

INCREASE REVENUES:

A-16-3-3401-51 COVID-19 VACCINE RESPONSE                   $176,662.14

INCREASE APPROPRIATIONS:

A-16-4-4010-51-4490      COVID-19 SPECIAL COSTS                             $176,662.14

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funds need to be adjusted via budget in order for reimbursement as costs for COVID-19 vaccine response activities were not anticipated


II. Justification:

Funds need to be approved in order to be received and utilized via grants.


III. Legislative Impact:

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


IV. Financial Impact:

No financial impact, revenues offset expenses via grant funds to counties for COVID-19 vaccine response activities.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 220 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

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


Resolution by Legislator: Purtell
Seconded by: Pepe

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

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

WHEREAS, the Montgomery County Public Health Department has been allocated grant funds by NYSDOH to assist with COVID-19 Vaccine Response activities,

RESOLVED, that the Montgomery County Legislature authorizes and directs the County Executive, upon review and approval of the County Attorney, to execute a contract with Calderwood for vaccine response activities for the period of October 1, 2021 to June 30, 2024 at an amount not to exceed $100,000.00 over the life of the contract.

FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to utilize the following appropriation line:

APPROPRIATION:

A-16-4-4010-51-4490                COVID-19 Vaccine Response Special Costs                        $100,000

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign contract with Calderwood for vaccine response activities


II. Justification:

It is imperative Montgomery County is able to provide COVID-19 vaccine to the public in a timely and efficient manner


III. Legislative Impact:

Pursuant to Article 2 of the Charter, the Montgomery County Executive has the authority to sign contracts


IV. Financial Impact:

No financial impact, revenues offset expenses via grant funds to counties for COVID-19 vaccine response activities.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 221 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - 2022 TRANSPORTATION OF FULTON COUNTY VETERANS - YOUTH & VETERANS' SERVICES


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, the Executive Director of Youth & Veterans' Services has recommended that Montgomery County continue to transport Fulton County veterans to and from the VA Medical Center in Albany, NY; and

WHEREAS, municipal corporations have the power to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis; and

WHEREAS, the proposed agreement would benefit both Montgomery County and Fulton County.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign a renewal agreement for the transportation of Fulton County veterans to and from the VA Medical Center in Albany, NY; and

FURTHER RESOLVED, that said Agreement shall be for a one-year period beginning on January 1, 2022 and ending on December 31, 2022, and

FURTHER RESOLVED, that said Agreement shall provide for transportation of Fulton County veterans, depending upon availability of space, at a charge of $30.00 each way.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN RENEWAL AGREEMENT - TRANSPORTATION OF FULTON COUNTY VETERANS


II. Justification:

Fulton County's agreement to pay Montgomery County for transportation of Fulton County Veterans to and from the VA Hospital.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the County Executive has the power to enter into contracts. 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 of their respective functions, powers and duties on a coooperative or contract basis. Intermunicipal agreements must be authorized by a majority vote of the Montgomery County Legislature.


IV. Financial Impact:

Montgomery County will receive up to $4,200 for performance of the contract.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 222 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AWARDING AND AUTHORIZING MONTGOMERY COUNTY EXECUTIVE TO SIGN CONTRACT FOR OPERATION AND WASTE TRANSPORT SERVICES ASSOCIATED THE MONTGOMERY COUNTY TRANSFER STATIONS (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, Montgomery County currently has a contract with GottaDo Contracting, LLC. for the operation and waste transport services associated with Montgomery County’s two waster transfer services which is set to expire on December 31, 2021; and

WHEREAS, Montgomery County issued a Request for Proposals for Solid Waste Transfer Station Operations and Waste Transport Services for a period to commence January 1, 2022 and end on December 31, 2024 with two additional year options; and

WHEREAS,it is recommended that Montgomery County enter into an agreement with GottaDo Contracting LLC, for the operation and waste transport services associated with the solid waste transfer stations in Montgomery County.

RESOLVED, the Montgomery County Legislature hereby endorses an agreement with GottaDo Contracting LLC, for the operation and waste transport services associated with the solid waste transfer stations in Montgomery County for a period to commence on January 1, 2022 and end on December 31, 2024 with the option of two additional years; and

FURTHER RESOLVED, that the Montgomery County Executive upon review and approval of the County Attorney is authorized to sign and execute any and all prospective agreement documents associated with said Contract for a period to commence on January 1, 2022 and terminate on December 31, 2024 with the option to extend for two additional one year periods.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Current contract with private GottaDo Contracting, LLC for operations and waste transport services ends December 31, 2021 and a new contract needs to be executed. 


II. Justification:

New contract needs to be executed for services to be continued.


III. Legislative Impact:

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


IV. Financial Impact:

The proposed rates for the next three years are lower than the County is currently being charged resulting in savings to the County



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 223 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION APPROVING THE SALE OF SURPLUS EQUIPMENT (PUBLIC WORKS)


Resolution by Legislator: Wilson
Seconded by: Purtell

WHEREAS, the Commissioner of Public Works, has undergone a review and determined that certain equipment is surplus and no longer needes for department use.

RESOLVED, that the following items are authorized to be sold at auction to the highest bidder without further action needed by the Montgomery County Legislature:

LOT # ITEM

1   2007 International 7600 SFA 10 wheel dump- VIN ending in 5184

2   2007 International 7600 SFA 10 wheel dump - VIN ending in 5183

3   2010 International 7400 6 wheel dump - VIN ending in 9233

4   2008 International 7400 6 wheel dump - VIN ending in 0815

5   1994 Galion Grader 850 - VIN ending in 1113 (unit sold as is/where is)

6   2006 New Holland Tractor TN75DA w/broom attachment - VIN ending in 5542

7   1995 Athey Force Feed Loader 7-12 - VIN ending in 139K (rear belt shaft bent)

8   1994 International Road Tractor 2574 w/5th wheel - VIN ending in 6154

9   2000 Eager Beaver 35 ton trailer - VIN ending in 5217 (sold as pair with 1994 road tractor)

10  1982 GMC C70 weed sprayer - VIN ending in 8842

11  1995 Ford L8000 pumper truck - VIN ending in 7245

12  2010 John Deere Z950A zero turn mower- VIN ending in 0188

13  2006 John Deere 777 Z-Trak zero turn mower - VIN ending in 0119

14  Miscellanious   -    4- Kerosene salamander heaters

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION APPROVING SALE OF SURPLUS EQUIPMENT


II. Justification:

TO REMOVE SAID EQUIPMENT FROM FIXED ASSETS AND CREATE REVENUE


III. Legislative Impact:

DISPOSAL OF COUNTY PERSONAL PROPERTY IS AUTHORIZED THROUGH COUNTY LAW 215


IV. Financial Impact:

ANY FUNDS RECEIVED FOR SURPLUS EQUIPMENT ARE ADDITIONAL REVENUE FOR COUNTY THAT WAS NOT BUDGETED



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 224 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING SALE OF COUNTY PROPERTY- 2006 INTERNATIONAL MODEL 7400


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, the Commissioner of Public Works has determined that certain equipment no longer is needed by the County, and

WHEREAS, said Commissioner recommends acceptance of an offer to purchase said equipment, pursuant to provisions of the Highway Law.

RESOLVED, that the Montgomery County Legislature hereby authorizes the sale of a 2006 International 7400 6 Wheel Dump Truck - VIN ending in 0312- Village of Fonda

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

INCREASE:

DM-12-3-2665                      Sales of Equipment                $15,000.00

DM-12-4-5130-00-2230         Motor Vehicle Equipmnent    $15,000.00

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

SALE OF COUNTY-OWNED EQUIPMENT


II. Justification:

EQUIPMENT NO LONGER NEEDED FOR COUNTY PURPOSES


III. Legislative Impact:

LEGISLATIVE APPROVAL REQUIRED FOR SALE OF COUNTY-OWNED EQUIPMENT


IV. Financial Impact:

REVENUE OF $15,000.00 TO BE USED TO REPLACE OTHER EQUIPMENT OWNED BY MONTGOMERY COUNTY



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 225 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A THIRD LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, Resolution 46 of 2017 authorized entering into an Order on Consent between the New York State Department of Environmental Conservation and Montgomery County Sanitary District No.1; and

WHEREAS, Resolution 275 of 2019  and Resolution 170 of 2020 authorized  extensions on the time period to comply with one of the items; and

WHEREAS, it is necessary to obtain one more extension; and

WHEREAS,  the Montgomery County Sanitary District No.1 Board of Directors have reviewed and approved of the execution of said Letter Agreement.

THEREFORE BE IT RESOLVED, that the Montgomery County Executive is authorized and directed to execute a Letter Agreement on the Order of Consent between the New York State Department of Environmental Conservation and Montgomery County Sanitary District No. 1. extending the time to comply with conditions within the order.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE A SECOND LETTER AGREEMENT ON THE ORDER ON CONSENT BETWEEN THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1


II. Justification:

It is necessary to extend the period of time to comply on one of the items


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. 226 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AMENDMENT TO CONTRACT WITH VECTOR SOLUTIONS (PERSONNEL)


Resolution by Legislator: Kelly
Seconded by: Pepe

WHEREAS, the Personnel Officer has recommends an amendment to our current Vector Solution Contract, extending the service term from a single year to a multi-year term for a more cohesive operation; and

WHEREAS, the Personnel Department has been working with and recommends maintaining our training relationship with Vector Solutions; and 

WHEREAS, the funds for 2021 and 2022 have already been budgeted for at a cost of $11.00 per employee per year, should the amount of employees increase, the total cost will increase accordingly; 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 commencing on November 10, 2021 through December 31, 2024 with Vector Solutions for the training program at a cost of $11.00 per employee per year .

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution Authorizing the County Executive to Sign Agreement for Vector Solution

 


II. Justification:

Countywide training program that utilizes online platform to deliver training.


III. Legislative Impact:

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

 


IV. Financial Impact:

The financial impact for the three year contract with Vector Solutions is at a cost of $11.00 per employee per year. Currently, the contract is based on 450 employees. Should the number of employees increase, the impact will reflect the same.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 227 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION RATIFYING A MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF MONTGOMERY AND LOCAL 294 OF THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS FOR CORRECTION OFFICERS, AND AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT FOR A PERIOD OF JANUARY 1, 2018 - DECEMBER 31, 2023.  (PERSONNEL - LABOR/MANAGEMENT)


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, negotiations for a successor employment agreement to contract with Montgomery County Sheriff's Corrections Unit, International Brotherhood of Teamsters, Local 294 has been conducted; and

WHEREAS, the parties reach a Memorandum of Agreement for Corrections Officers; and

WHEREAS, the Memorandum of Agreement has been ratified by the Montgomery County Sheriff's Corrections Unite, International Brotherhood of Teamsters, Local 294.

RESOLVED, that the Montgomery County Legislature hereby ratifies and approves the Memorandum of Agreement between the County of Montgomery and the Montgomery Sheriff's Corrections Unit, International Brotherhood of Teamsters, Local 294; and be it

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney is hereby authorized to sign a Contract Incorporating said Memorandum of Agreement, with Corrections Officers for the period of January 1 2018 through December 31, 2023.

FURTHER RESOLVED, the County Treasurer is authorized and directed to amend the 2021 operating budget as follows:

 

Increase

   

A599

Appropriated Fund Balance  $361,196

Increase Appropriation

 

 

A-10-4-1430-00-.1125 (337)

Other Compensation/Raises

$222,246

TRANSFER TO:

 

 

A-15-4-1350-00-.1110 (188)

Correction Officer

$4715

A-15-4-1350-00-.1110 (753)

Correction Officer

$3900

A-15-4-1350-00-.1110 (154)

Correction Officer

$4334

A-15-4-1350-00-.1110 (156)

Correction Officer

$4904

A-15-4-1350-00-.1110 (1075)

Correction Officer

$9664

A-15-4-1350-00-.1110 (845)

Correction Officer

$4371

A-15-4-1350-00-.1110 (295)

Correction Officer

$9664

A-15-4-1350-00-.1110 (70)

Correction Officer

$3759

A-15-4-1350-00-.1110 (683)

Correction Officer

$6719

A-15-4-1350-00-.1110 (500)

Correction Officer

$3646

A-15-4-1350-00-.1110 (1013)

Correction Officer

$3779

A-15-4-1350-00-.1110 (74)

Correction Officer

$4099

A-15-4-1350-00-.1110 (1104)

Correction Officer

$4333

A-15-4-1350-00-.1110 (190)

Correction Officer

$1921

A-15-4-1350-00-.1110 ( 174 )

Correction Officer

$4592

A-15-4-1350-00-.1110 (1076)

Correction Officer

$3616

A-15-4-1350-00-.1110 (1023)

Correction Officer

$3588

A-15-4-1350-00-.1110 (1079)

Correction Officer

$3654

A-15-4-1350-00-.1110 (414)

Correction Officer

$5630

A-15-4-1350-00-.1110 (1317)

Correction Officer

$10924

A-15-4-1350-00-.1110 (499)

Correction Officer

$3214

A-15-4-1350-00-.1110 (1180)

Correction Officer

$3578

A-15-4-1350-00-.1110 (643)

Correction Officer

$4010

A-15-4-1350-00-.1110 (1105)

Correction Officer

$7427

A-15-4-1350-00-.1110 (1059)

Correction Officer

$1780

A-15-4-1350-00-.1110 (416)

Correction Officer

$3273

A-15-4-1350-00-.1110 (389)

Correction Officer

$3692

A-15-4-1350-00-.1110 (65)

Correction Officer

$3661

A-15-4-1350-00-.1110 (415)

Correction Officer

$7318

A-15-4-1350-00-.1110 (72)

Correction Officer

$4715

A-15-4-1350-00-.1110 (182)

Correction Officer

$3851

A-15-4-1350-00-.1110 (855)

Correction Officer

$4543

A-15-4-1350-00-.1110 (508)

Correction Officer

$7318

A-15-4-1350-00-.1110 (146)

Correction Officer

$3476

A-15-4-1350-00-.1110 (64)

Correction Officer

$1900

A-15-4-1350-00-.1110 (1077)

Correction Officer

$8954

A-15-4-1350-00-.1110 (411)

Correction Officer

$10924

A-15-4-1350-00-.1110 (1084)

Correction Officer

$3504

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution ratifying a Memorandum of Agreement between the County of Montgomery and Local 294 of the International Brotherhood of Teamsters for Correction Officers


II. Justification:

Montgomery County is required to negotiate and good faith with our bargaining units as such, on September 13, 2021, Montgomery County entered into a Memorandum of Agreement with the Montgomery County Sheriffs Corrections unit, International Brotherhood of Teamsters Local 294.  The term of the agreement will be from 1/1/2018 through 12/31/2024.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature 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:

The amount needed to fund the contract through 2021 is $411,196. This includes retroactivity from 2018 and salary increases through 12/31/2021. The following years increases will be reflected in the corresponding budget years.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 228 of 2021

DATED: October 26, 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: Kelly
Seconded by: Pepe

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, Andrea Schribner, who represented the Public Sector has resigned, leaving a vacancy in the Public Sector and it has been recommended by the County Executive to replace her with Christie Davis filling the unexpired term of 6/30/2023.

WHEREAS, Dave Fariello, 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 Angela Kehl filling the unexpired term of 6/30/2023.

WHEREAS, the current board consists as follows:

APPOINTEE  SECTOR REPRESENTING TERM
VACANT Private Sector 06/30/2023
Sandra McDonald 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
VACANT 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 
 Christie Davis  Public Sector 06/30/2023
 Anjelia Kehl  Private Sector 06/30/2023

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Appointments

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. 229 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION TO SETTLE  LITIGATION - CARTER V MONTGOMERY COUNTY (LAW)


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, Montgomery County is currently a party to ongoing claims brought by Dawn Carter; and

WHEREAS, the Montgomery County Legislature is desireous of settling these claims; and

WHEREAS, the Montgomery County Legislature has been made aware of the terms of a tentative settlement resolving all potential claims without admission of liability which has been agreed to by the representatives of the various parties involved; and

RESOLVED, that any necessary County parties upon review and approval of the County Attorney, are hereby authorized to execute a Settlement Agreement in the above referenced case on behalf of the county, as well as other documents necessary to effectuate such settlement.

RESOLUTION VOTE, passed with Aye(7). Legislator Purtell abstained. Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION TO SETTLE  LITIGATION - CARTER V MONTGOMERY COUNTY


II. Justification:

A settlement to this lawsuit was reached by the insurance company.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

No funds will be paid by the County outside of the deductible.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 230 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO MOHAWK COUNTRY, INC. TO PROMOTE TOURISM IN MONTGOMERY COUNTY (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Sweet

WHEREAS, Local Law C of 2014 established a hotel and motel occupancy tax in Montgomery County (hereinafter "Bed Tax"); and

WHEREAS, revenue from the Bed Tax is to be used to enhance and develop the general economy of Montgomery County through the promotion of tourism, conventions, trade shows and other directly related and supported activities; and

WHEREAS, Mohawk Country, Inc. promotes historic tourism in Montgomery County and is seeking $10,000 to conduct historic tourism related activities in Montgomery County; and

WHEREAS, these activities include but are not limited to supporting the Fort Plain Museum's Rebels, Redcoats & Zombies halloween Event, the Fort Plaint Museum's Holiday Author Fair, the Nellis Tavern Evenign at the Tavern, the Fort Klock Craft Fair; and

WHEREAS, these activities are anticipated to promote tourism and enhance and develop the general economy of Montgomery County. 

NOW THEREFORE BE IT RESOLVED that the Montgomery County Legislature authorizes and directs the Montgomery County Treasurer to disburse $10,000 to Mohawk Country, Inc. from the Bed Tax Contribution Tourism line ; and 

BE IT FURTHER RESOLVED, that Mohawk Country receipt of the $10,000 in funds shall be contingent upon Mohawk Country, Inc. entering into an Agreement and any other required paperwork with Montgomery County indicating that they will only spend funds for their 2021 Mohawk Country Events Budget to promote historic tourism in Montgomery County; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed, upon review and approval of the County Attorney, to enter into a contract with Mohawk Country, Inc. outlining the above terms as a condition of acceptance of the $10,000.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING EXPENDITURE OF BED TAX FUNDS TO MOHAWK COUNTRY, INC. TO PROMOTE TOURISM IN MONTGOMERY COUNTY


II. Justification:

 To promote tourism related activities in Montgomery County.

 


III. Legislative Impact:

Local Law C of 2014 authorized the use of Bed Tax funds to promote tourism related activities in Montgomery County.


IV. Financial Impact:

Use of $10,000 bed tax money.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 231 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, Montgomery County wishes to enter into a lease with Cellco Partnership DBA Verizon  for Verizon toi nstall, maintain and operate communications equipment at the Montgomery County Jail; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law E (Local Law 5 of 2021) hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENTS BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

SECTION 1. The purpose of this local law is to authorize the Montgomery County Executive to enter into a lease with Cellco Partnership dba Verizon (hereinafter "Verizon"), their successors and assigns,  to construct, and maintain and operate the radio communications equipment, antennas and appurtenances.

SECTION 2.   That the space to be leased  is a portion of 200 Clark Drive, Town of Glen, County of Montgomery, State of New York (Tax Map No. 52.-2-30.12)  measuring approximately five thousand, six hundred twenty-five square feet,  sufficient to install, maintain and operate communications equipment,  as shown on Exhibit "A" which is attached hereto and made a part hereof(hereinafter the "Premises") ; together with the non‑exclusive right (“the Right of Way”) for ingress and egress, seven (7) days a week, twenty‑four (24) hours a day, over the property to and from the Premises for the purpose of installation, operation and maintenance of LESSEE’s communications equipment over or along a twenty (20) foot wide right-of-way (“Easement”),  as along the existing driveway. Verizon may use the Easement for the installation, operation and maintenance of underground (if permitted by the utility provider) wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. In addition, Montgomery County  grants Verizon two (2) ten (10) foot wide utility easements for the installation, operation and maintenance of underground (if permitted by the utility provider) wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services.  In the event it is necessary, Montgomery County agrees to grant Verizon or the support services provider the right to install such services on, through, over and/or under the Property, provided the location of such services shall be reasonably approved by Montgomery County in advance of any work being done. 

Verizon will reserve space on the tower for antennas and within the fenced compound for base station equipment of Montgomery County. Montgomery County's equipment will not incur a rent charge for using the space but the Montgomery County will be responsible for its own utility charges and all costs associated with installing and maintaining its equipment. Montgomery County's tower space will be located below the level necessary for the antenna arrays of three commercial carriers. The loading of Montgomery County's antennas and equipment shall not exceed that of a standard antenna array for a commercial carrier. Montgomery County will follow the typical application and review process required for any entity to collocate on a Verizon Wireless structure and shall bear the standard costs associated with that review process. Montgomery County may not sub-lease or assign its rights hereunder. 

SECTION 3.  That the lands described in Section 2 are not being used by the County for ordinary county purposes.

SECTION 4. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law.

SECTION 5.  That the lands described in Section 2 may be leased to Verizon without advertising or competitive bidding.

SECTION 6.  That rent from Verizon shall be $18,000 annually to be paid in equal monthly installments on the first day of the month. The annual rental for  each such five (5) year extension term shall be equal to one hundred two percent (102%) of the annual rental payable with respect to the immediately preceding five (5) year term. In the event that Verizon subleases space on the ground or on the tower  to a second or additional telecommunications carrier or other commercial entity, Verizon shall pay $300 per month to Montgomery County. Verizon shall have the sole right to determine whether it will sublet, license or otherwise allow the use of any portion of the Premises or whether it will sublet, license or enter into any other usage agreement with any specific user. If Verizon holds over after the expiration or earlier termination of the Term, then the lease shall continue on a month to month basis at the then existing monthly rental rate or the existing monthly pro-rata basis if based upon a longer payment term, until the removal of the communications equipment is completed. 

Verizon shall also have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which Montgomery County demonstrates is the result of Verizon's use of the Premises and/or the installation, maintenance, and operation of the Verizon's improvements, and any sales tax imposed.

Verizon shall be responsible for the cost of installation of any utilities and any utility charges. Montgomery County shall allow access if any utilities need to be installed.

SECTION 7.  Upon termination, Verizon shall not be entitled to reimbursement for any fees paid prior to termination. Montgomery County additionally shall be entitled to a Termination Fee equal to the Rental for the lesser of the remaining rent for the then current term under the Land Lease or one year of rent . In addition, upon termination Montgomery County shall have the option to purchase the tower at fair market value, or remove the communications equipment (except footings) and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted.

SECTION 8.  Montgomery County agrees to execute a Memorandum of this Agreement, which Verizon may record with the appropriate recording officer. 

SECTION 9.  Verizon shall be required to recieve any necessary governmental approvals, including SEQRA approvals, prior to construction.

SECTION 10. That the County Executive be, and hereby is, authorized to sign a lease for a term of five years between Montgomery County and Verizon that shall automatically be extended for four (4) additional five (5) year extension terms unless Verizon terminates at the end of the then current term.

SECTION 11.  To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York it shall supersede that section.

SECTION 12.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

 

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2021) - A LOCAL LAW AUTHORIZING A LEASE AGREEMENT BETWEEN CELLCO PARTNERSHIP DBA VERIZON AND MONTGOMERY COUNTY

Lease of a portion of 35.8 acres to Verizon to construct a new tower.


II. Justification:

Will provide revenue to the County on a portion of land that is no longer required for public use.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Will bring additional revenue to the County which can be expended for lawful county purposes.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 232 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE (COUNTY CLERK)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, KCS Land Research Corporation and Stewart Title have requested office space in Room 114 of the County CLerk's office building, 64 Broadway, Fonda, NY to use full time, to the exent that the room is not being used for county purposes; and

WHEREAS, upon researching with the New York State Association of County Clerk's, the Montgomery County Clerk recommends entering into a paid building use agreement with KCS Land Research Corporation and Stewart Title.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, sign a one year agreement with KCS Land Research Corporation and Stewart Title for a total revenue for both contracts of $3600 a year; and be further

RESOLVED, that said agreement shall be for a period of November 1, 2021 through October 31, 2022.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENT - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE


II. Justification:

TO PROVIDE AUTHORIZATION OF LEASES WITH KCS LAND RESEARCH CORP AND STEWART TITLE


III. Legislative Impact:

THE COUNTY EXECUTIVE HAS THE AUTHORITY TO SIGN CONTRACTS ON BEHALF OF THE COUNTY PURSUANT TO ARTICLE 3 OF THE CHARTER


IV. Financial Impact:

$3600.00 PER YEAR WILL BE RECEIVED BY THE COUNTY AS REVENUE.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 233 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION INCREASING PETTY CASH ACCOUNT AMOUNT (COUNTY CLERK)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, it would be beneficial to increase the petty cash amount for the record room from $100.00 to $250.00 in the County Clerk's office for the purpose of providing change; and

WHEREAS, pursuant to County Law 371 a petty cash fund was established in the County Clerk's office in 2015 in the amount of $50.00; and

WHEREAS, pursuant to County Law 371 this petty cash fund shall continue from year to year until is abolished.

RESOLVED, that the Montgomery County Legislature hereby increases the petty cash account amount to $250.00 for the record room in the County Clerk's office; and be it

FURTHER RESOLVED, that the County Treasurer is authorized and directed to transfer an additional $150.00 from the cash account to the petty cash account for the purposes of increasing the petty cash amount for the County Clerk.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

INCREASE PETTY CASH ACCOUNT AMOUNT FROM $100.00 TO $250.00 FOR THE RECORD ROOM IN THE COUNTY CLERK'S OFFICE FOR THE PURPOSE OF PROVIDING CHANGE


II. Justification:

IT WOULD BE BENEFICIAL TO INCREASE THE PETTY CASH ACCOUNT AMOUNT DUE TO THE RECORD ROOM IN THE COUNTY CLERK'S OFFICE FOR THE PURPOSE OF MAKING CHANGE


III. Legislative Impact:

PURSUANT TO COUNTY LAW 371 A PETTY CASH FUND CAN BE ESTABLISHED FOR ANY ADMINISTRATIVE UNIT OR OFFICER TO BE USED FOR PETTY CHANGE


IV. Financial Impact:

FUNDS WILL BE TRANSFERRED FROM THE CASH ACCOUNT TO THE PETTY CASH ACCOUNT



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 234 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE IN THE TOWN OF AMSTERDAM (COUNTY TREASURER)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, Montgomery County has obtained the real property parcel by tax foreclosure known as SBL 38.7-1-20 (74 Fort Johnson Avenue), located in the Village of Fort Johnson, Town of Amsterdam; and

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

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

WHEREAS, an individual has expressed interest in obtaining said real property parcel; and

RESOLVED, the Montgomery County Legislature hereby authorizes to convey all the right, title and interests of the County in and to said real property to Joseph E. Raczes for the sum of $1,000.00 plus associated deed filing fees; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Transfer tax foreclosed property owned by the County to Josehp E. Raczes 


II. Justification:

Property was offered at previous tax foreclosure auctions with successful bidders failing to pay balance due and close on the property.


III. Legislative Impact:

Approval of the Montgomery County Legislature is required for the transfer of County owned property


IV. Financial Impact:

Property would be sold for $1,000 and new owner would be responsible to pay all future taxes.  No tax revenue has been received on this property since 2016.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 235 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Pepe

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 September 29, 2021 through October 26, 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(8). Legislator Isabel was absent. (10/26/2021)



Abstract of Audited Claims - October 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




Montgomery County Seal!RESOLUTION NO. 236 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE "COUNTY"), DATED OCTOBER 26, 2021, AUTHORIZING THE REPLACEMENT OF GENERATORS AT THE COUNTY’S SANITARY DISTRICT #1 MAIN WASTEWATER TREATMENT PLANT AND FORT PLAIN PUMPING STATION, ESTIMATING THE AGGREGATE COST THEREOF TO BE $483,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $320,000.00 BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the Board of the Montgomery County Sanitary District #1 has recommended and approved the replacement of generators at the District’s Main Wastewater Treatment Plant and the Fort Plain Pumping Station (the "Project"), all as more particularly described in correspondence and reports prepared by John M. McDonald Engineering, P.C. and PRIME AE Group of NY ; and

WHEREAS, the County Legislature desires to approve the method of financing the cost of the Project;

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Montgomery County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows:

SECTION 1

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the "Law"), the County hereby authorizes the Project as follows:

Replacement of the main wastewater treatment plant generator, the Fort Plain pump station generator of the Sanitary District (the "Generators"), the maximum cost thereof being hereby estimated to be $483,000, appropriating said amount therefor and authorizing (i) the issuance of $320,000 bonds to finance a portion of such costs; and (ii) the transfer of $163,000 of the County’s appropriated fund balance for the balance of such costs;

SECTION 2

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes is 30 years pursuant to Section 11.00(a)(4) of the Law.

SECTION 3

The plan of financing includes the issuance of $320,000.00 serial bonds and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing.

SECTION 4

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above.

SECTION 5

The proposed average maturity date of the bonds authorized pursuant to this resolution is not expected to exceed five (5) years.

SECTION 6

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose.

SECTION 7

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the "Code"), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the "Regulations") unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation.

SECTION 8

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act ("SEQRA"), no "action", as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project.

SECTION 9

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year.

SECTION 10

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby

delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, she shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds.

SECTION 11

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters, feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds.

SECTION 12

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if:

(a) Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or

(b) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

(c) Such obligations are authorized in violation of the provisions of the constitution.

SECTION 13

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law.

SECTION 14

This resolution is not subject to a mandatory or permissive referendum pursuant to Section 33.10 of the Law.

SECTION 15

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funding the replacement of sewer district generators through issuance of bond.


II. Justification:

Replacement of generators are critical component of the district.


III. Legislative Impact:

Approval of a super majority (2/3 vote in favor) to issue bonds in the name of the County


IV. Financial Impact:

Principal and interest payments to be included in subsequent operating budgets - Paid by Sewer District through Ad Valorem tax.



cc: County Clerk
County Treasurer