RESOLUTION NO. 117 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; an 

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that a  grant to the Horace J. Inman Senior Center for a new boilder is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the Horace J. Inman Senior Center, a nonprofit, in the amount of $32,767 for a new boiler; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to execute any necessary grant documents to implement this resolution; and 

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 118 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, one of the approved uses of American Rescue Plan funds by the federal government is for nonprofits; and

WHEREAS, Friends of Fort Plain, Inc., a nonprofit,  is in need of funds for the improvements to the Diefendorf Hall Cultural Heritage Center, located in Fort Plain, NY, which is an historical site; and

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that using $90,000 for improvements to the Diefendorf Hall Cultural Heritage Center, located in Fort Plain, NY is an allowable use of American Rescue Plan Funds.  

RESOLVED,the Montgomery County Legislature authorizes granting $90,000 to the Friends of Fort Plain, Inc. for improvements to the Diefendorf Hall Cultural Heritage Center, located in Fort Plain, NY, which is an historical site; and

FURTHER RESOLVED,the Montgomery County Legislature hereby authorizes the County Executiveenter any necessary grant documents with the Friends of Fort Plain, Inc.  at an amount not to exceed $90,000; and

FURTHER RESOLVED, the County Treausurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 119 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the District Attorney has requested additional funds for court related expenses to secure temporary assistance for the processing of traffic ticket reductions and transcription of inmate calls pertinent to prosecution of criminal cases in Montgomery County; and

WHEREAS, said traffic ticket processing and transcription of inmate calls is unable to be accomplished using current employees due to other obligations with regard to new discovery laws taking precedence, and that an independent contractor will be used for such tasks, it is

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 120 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the District Attorney has requested that an additional full-time Assistant District Attorney position be established to meet the demands of the office; and

WHEREAS, that a position of full-time Assistant District Attorney is hereby established in the District Attorney's office at a base pay rate of $81,068.00, Group J of the Non-Bargaining Personnel Policy; and

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 121 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department is mandated to provide for 3-5 Preschool Related Services (Occupational, Physical, Speech, Music, Play Therapy, Counseling, Psychological Services, School Social Work, and Teachers of Hearing and Visually Impaired) in accordance with Title VI, Article 83 Public Health Law; and

WHEREAS, the Montgomery County Public Health Department is currently contracted with 3-5 Preschool Related Service providers for the term of July 1, 2021 through June 30, 2024 to 3-5 Preschool Related services to children with a qualifying serivce listed on an IEP and approved via CPSE committee; and

WHEREAS, that the current rate of $50 per 30 minute individual session and $25 per 30 minute group session falls below industry standards, and Montgomery County Public Health proposes an increase to $55 per 30 minute individual session, and $27.50 for each 30 minute group session.

THEREFORE BE IT RESOLVED, that the County Legislature, authorizes and directs that related service rates for all 3-5 Preschool Related services be increased to $55 per 30 minute individual session, and $27.50 per 30 minute group session; and

FURTHER RESOLVED, the increase shall take effect on September 1, 2022.

FURTHER RESOLVED, the  Clerk of the Montgomery County Legislature is authorized and directed to send a certified copy of this resolution to the Commissioner of Education.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 122 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, bids were solicited for transportation services for the Montgomery County Public Health Department 3-5 Preschool and Early Intervention programs for the period of September 1, 2022 to August 31, 2023; and

WHEREAS, only one bid was submitted for transportation services and said bid was opened on May 31, 2022; and

WHEREAS, the bidder was responsible and responsive; and

WHEREAS, the Montgomery County Public Health Director recommends awarding a 1 year contract to the bidder STA, dba Brown's Transportation for all routes.

RESOLVED, that the Montgomery County Legislature hereby awards Bid No. 04-22 to STA, dba Brown's Transportation, Inc. for all routes based on the 2022-23 Transportation Service Bid form as attached hereto and made part of this resolution; and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sign and execute contract documents pertaining to said award.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. abstained. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 123 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department 2022 budget appropriates Article 6 State Aid Funding; and

WHEREAS, upon passing of the NYS 2022-23 budget April 1, 2022, it has been established this funding is to be increased, and fringe benefits are now a cost that local health departments are allowed to claim as an expense and receive additional funding for purposes of employee retention, hiring, and department costs; and

WHEREAS, the Montgomery County Public Health Department has been awarded an increase of $58,125 to be spend during the 2022 budget season.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 124 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department staff has met with and reviewed the program services offered by James McGuinness & Associates; and

WHEREAS, the Public Health Director has recommended that the Montgomery County Public Health Department enter into a contract with James McGuinness & Associates, Inc. to continue to provide their software program to enable Medicaid claims processing, tracking of services and documentation, reports for payment details, payment history, enrollments, and stream-line AVL claiming process for the 3-5 Preschool Program; and

WHEREAS, the contract would be for a three-year period beginning September 1, 2022 and ending August 31, 2025; and

WHEREAS, the contract includes annual maintenance and support charges totaling $11,750.00 a year; and

WHEREAS, the annual fee shall be billed quarterly based on $625.00/month ($7,500.00 annually) for 3 hours of support per month and $4250.00/year for utilizing James McGuinness & Associates, Inc. as an approved Medicaid Service Bureau for the purpose of submitting 3-5 Preschool Medicaid claims; and

WHEREAS, James McGuinness & Associates, Inc. will provide the Montgomery County Public Health Department with all new software releases with the cost of installation of said updates included as part of the annual maintenance and support services fee; and

WHEREAS, the Montgomery County Public Health Department may purchase additional support hours, at a rate of $125.00/hour for services such as custom changes to the stock software, custom inquiries of the data, and any custom Ad-Hoc reports to support one-time queries such as NYSAC/NYACHO research and end user support.

RESOLVED, that the Montgomery County Legislature hereby accepts and authorizes the aforementioned contract with James McGuinness & Associates, Inc.; and

BE IT FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sgin and execute a contract with James McGuinness & Associates, Inc. to continue to provide their software program for a three year period beginning September 1, 2022 and ending August 31, 2025 for an amount not to exceed $11,750.00 annually.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 125 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Commissioner of Social Services has reviewed the workload of the caseworkers and recommends adding two (2) Part-Time Caseworkers; and

WHEREAS, the additional Part-Time Caseworkers will assist in reducing caseloads and improve staff to client ratio as they will be assigned caseloads and will have the same duties and responsibilities as its full time counterpart. The duties include, recommending services to meet the needs of individuals and/or families, conduct safety evaluations, schedule home visitations, transport clients to a variety of facilities, make referrals and report abuse; and

RESOLVED, the Montgomery County Legislature hereby authorizes and establishes two (2) Part-Time Caseworkers Grade I in the CSEA Bargaining Agreement at an established hourly rate $24.38 for 2022; and

RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 126 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Commissioner of Social Services has evaluated the needs of the department and determined it would be beneficial to add two (2) Part time Social Services Attorneys; and

WHEREAS, the two (2) Part time Social Services Attorneys would aid in and assist with prosecuting abuse and neglect cases in family court, assist with child support cases and would provide assistance to the full-time Social Services attorney; and

WHEREAS, in an effort to offset the cost of the additional position, the Commissioner of Social Services hereby requests the elimination of the recently vacated Supervising Social Services Attorney; and

RESOLVED, that the Montgomery County Legislature hereby establishes two (2) Part-Time Social Services Attorney positions within Group Q in the Non-Bargaining Agreement and establish the base salary for each at $32,500 annually due to the very part-time nature of the work.

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 127 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Resolution 173 of 2017 authorized entering into a Memorandum of Agreement (hereinafter "MOA") with the Environmental Protection Agency (hereinafter "EPA")  regarding 68 Church Street in the Village of Canajoharie, Montgomery County New York (Tax Map Parcel No. 63.14-1-9.1); and

WHEREAS, it is necessary to amend this agremeent in order to subdivide the parcel and to account for any proceeds coming in for the sale of the parcel . 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive, upon review and approval of the County Attorney, is authorized and directed to enter into an amendment to the Memorandum of Agreement with the Environmental Protection Agency regarding 68 Church Street in the Village of Canajoharie, Montgomery County New York (Tax Map Parcel No. 63.14-1-9.1).

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 128 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the importance of protecting its natural resources, the increased need for recreational opportunities and the protection of its valuable structures, assets and environment; and 

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2022 round to develop a plan for extending the existing Chuctanunda Creek Trail out of the City of Amsterdam through the Town of Amsterdam and into the Village of Hagaman; and 

WHEREAS, Montgomery County is best positioned as the applicant for this project because the trail extension would encompass three municipalities and enhance a county outdoor amenity, while also connecting more of the community and region to the Empire State Trail; and

WHEREAS, Montgomery County has developed an application to the New York State Office of Parks, Recreation and Historic Preservations Environmental Protection Fund for a study to extend the Chuctanunda Creek Trail; and

WHEREAS, $52,500 is being requested from New York State Office of Parks, Recreation and Historic Preservations Environmental Protection Fund, with $17,500 as the County share of the project, with $5,000 being in-kind professional services, and

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 9 Park Street, PO Box 1500, Fonda, New York, 12068; and

NOW, THEREFORE BE RESOLVED, that the Montgomery County Legislature supports the efforts of Montgomery County’s CFA application submission for the 2022 round; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant application be submitted through the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2022 round to develop a plan for extending the existing Chuctanunda Creek Trail out of the City of Amsterdam through the Town of Amsterdam and into the Village of Hagaman.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 129 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the need for balance between for economic redevelopment, historical interpretation and greenspace for recreational opportunities; and

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2022 round to study the creation of a interpretive greenway along the Canajoharie Creek; and 

WHEREAS, in a Letter of Resolution among New York State Office of Parks, Recreation and Historic Preservation, Empire State Development, the Village of Canajoharie and Montgomery County regarding the redevelopment of the west side of the former Beech-Nut Plant, one of the stipulations includes the creation of an interpretive walk in conjunction with development of a greenspace/walking path along the Canajoharie Creek; and 

WHEREAS, the grant being applied for carries a 25% match of the overall project cost of $80,000; and

WHEREAS, this amounts to a $20,000 County match with $5,000 of that being in kind services;

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 9 Park Street, PO Box 1500, Fonda, New York, 12068; and

NOW, THEREFORE BE RESOLVED,  that the Montgomery County Legislature supports the efforts of Montgomery County’s CFA application submission for the 2022 round; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant application be submitted through the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2022 round to study the creation of a interpretive greenway along the Canajoharie Creek.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 130 of 2022 DATED: June 28, 2022 RECOMMENDATION:

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 had previously 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 was awarded on the basis of a $60,000 Federal/State share and $20,000 County share in either cash or in-kind services or a combination of both; and

WHEREAS, Montgomery County, per Resolution 199 of 2021, authorized the acceptance of said grant; and 

WHEREAS, the New York State Division of Homeland Security and Emergency Services recently notified Montgomery County that the total HMP planning budget has been increased to $150,000, with a $112,500 Federal/State share and a $37,500 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, an amended contractual agreement with the New York State Division of Homeland Security and Emergency Services; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget to receive and provide for additional grant funding for the Multi-Jurisdictional Multi-Hazard Mitigation Plan update to proceed with the amended grant award as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 131 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Resolution #39 of 2019 accepted the grant funding award for the County’s Shared Services Facility project for an amount up to $2,000,000; and

WHEREAS, in order to carry out said tasks and goals associated with the awarded funds the County solicited RFP 01-19 Engineering and Architectural Services Montgomery County Shared Municipal Facility and responses were received; and

WHEREAS, Resolution #126 of 2019 awarded the contract to LiRo Engineers, Inc. at a cost not to exceed $617,000; and

WHEREAS, Resolution 49 of 2022 amended said contract to incorporate construction management services in an amount not to exceed $297,360; and

WHEREAS, project delays due to supply chain issues and delivery of building components has led to a need to a need to extend the duration of construction monitoring and management, and

WHEREAS, LiRo Engineers, Inc. estimates that the extended duration of construction monitoring and management for the project  would be $150,976.

RESOLVED, the Montgomery County Legislature hereby authorizes an amendment to the contract for a total contract cost not to exceed $1,065,336; 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(6). Legislator Headwell, Jr. voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 132 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, in 2019, the Department of Public Works initiated a drainage and road widening study of County Route 20, Lepper Road, in the Town of Amsterdam; and

WHEREAS, Resolution 296 of 2019 contained services for design of drainage and roadway improvements; and

WHEREAS, design was completed and project was released for bid and bids were opened on May 20, 2022, with the following results:

WHEREAS, GPI Engineering has reviewed all bids and has recommended the project be awarded to R & B Construction of Amsterdam, New York, for an amount not to exceed $580,070.07; recommendation letter attached.

RESOLVED, the Montgomery County Legislature hereby authorizes the County Executive, upon review and approval of the County Attorney, to sign the contract with R & B Construction, 1094 Bullshead Road, Amsterdam, NY 12010, for an amount not to exceed $580,070.07.

RESOLUTION VOTE, passed with Aye(5). Legislators Sweet and Headwell, Jr. voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 133 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, DPW truck #56 was damaged in an accident on September 17, 2021; and

WHEREAS, the county received insurance recovery funds for the repair in 2021; and

WHEREAS, the truck wasn't repaired until now in 2022 and funds need to be moved into the new year.

RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 134 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Resolution 205 of 2020 authorized the County Executive to sign agreements for construction services at the new Shared Services Facility; and

WHEREAS, amendment #1 extended the timeframe of the contracts due to COVID; and

WHEREAS, due to unforseen construction and material delays due to COVID, the project has been delayed ten months behind schedule and increases are expected; and

WHEREAS, an amendment to construction contracts is necessary for time and material to complete the project; and

WHEREAS, American Rescue Plan Funds will be used to cover this overage.

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Executive is authorized and directed to sign amendments to contracts upon review and approval of the County Attorney as follows:

1.  MLB Construction Services, LLC - General Construction:

  2.  Poestler & Jaeckle Corp. -  Mechanical Services:

  3.  Upstate Companies, LLC - Electrical Contract

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 135 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, funding for Cemetery Drive Bridge Replacement ("The Project") was funded for by resolution 86 of 2019; and

WHEREAS, the approval of Resolution 87 of 2019 accepted a Federal and State "Bridge NY" Program Aid for project funding in the amount of $2,002,451.00, of which 95% is Federal and State funded with a 5% local share; and

WHEREAS, the federal process for Engineering Procurement was approved by Resolution 97 of 2019, and design of structure is complete and approved by NYS Department of Transportation, and bid letting was approved also by NYS Department of Transportation; and

WHEREAS, bids were received for Project on May 10, 2022, opened and read aloud with the following contractors bidding in order from lowest most reasonable responsive bidder to highest:

WHEREAS, Bette & Cring, LLC, of Latham, New York, was the lowest responsible responsive bidder at $1,139,455.00, which is within the budget of the project, and the project engineer has reommended the services of said firm.  "Recommendation letter attached"

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, to enter into an agreement with Bette & Cring, LLC for an amount not to exceed $1,139,455.00.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 136 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the New York State Department of Transportation has initiated a new Highway Program "Pave Our Potholes", which has increased the County's share of revenue for highways; and

WHEREAS, it is necessary to adjust the County Road Fund to reflect omcreased revenues and appropriations.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 137 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Federal regulations  were put in place about ten years ago prohibiting whole and 2% milk from being served in schools which was intended to lower childhood obesity and diabetes rates as it was thought that fat free and I% milk were inherently healthier; and

WHEREAS, since the implementation of this restriction, childhood obesity and diabetes rates have continued to rise and many have become concerned that the restriction could be exacerbating the problem; and

WHEREAS, recent studies indicate that childhood obesity and diabetes may not be linked to fat free and 1% milk;

WHEREAS, other studies have found those who consume whole-fat dairy may have a lower risk for heart disease and Type 2 diabetes, lower blood pressure, an increased satiety without weight gain and better sleep, and

WHEREAS, the removal of these milk options has also had a negative effect on dairy farms throughout upstate New York where milk dumping is on the rise; and

WHEREAS, already facing numerous obstacles in maintaining their viability as a business in recent years, dairy farms have long counted on revenue from milk sales to schools to keep their businesses operational; and

WHEREAS,  allowing schools to purchase 2% and whole milk would  be beneficial to farmers in New York.

RESOLVED, that the Montgomery County Legislature hereby fully supports Assembly Bill A.9990 and Senate Bill S.8999 to allow New York State-produced whole and 2% milk back into schools and encourages Governor Hochul and the State Legislature to enact the same, and be it further

RESOLVED, that the Clerk of the Legislature is hereby directed to forward a certified copy of this resolution to Governor Hochul, State Senator Hinchey, Assemblyman Santabarbara, the New York State Association of Counties, and all others deemed necessary and proper.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 138 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Labor Department Farm Workers Wage Board voted to recommend that the Labor Commissioner reduce the overtime threshold for NY farm works to 40 hours a week, reducing the threshold by four hours every two years starting in 2024; and

WHEREAS, it has become increasingly difficult to make a profit in farming in New York over the past few years; and

WHEREAS, many farmers are facing the difficult decision of having to close farms, many of which have been in their families for generations, as it is no longer economically feasible to keep these farms going; and

WHEREAS, reducing the overtime threshold will only make it more difficult for these farms to remain open in a landscape that only becomes more and more hostile to farmers.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature opposes reducing the overtime threshold for NY farm workers to 40 hours a week and requests that the Commissioner of Labor and Governor Hochul reject the recommendation by the Labor Department Farm Workers Wage Board and take any necessary steps to maintain the overtime threshold as it currently stands; and

BE IT FURTHER RESOLVED, that the Clerk of the Legislature is directed to send certified copies of this resolution to the Commissioner of Labor and Governor Hochul.

RESOLUTION VOTE, was defeated with Aye(4). Legislators Dimond, Duchessi and Purtell voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 139 of 2022 DATED: June 28, 2022 RECOMMENDATION:

RESOLUTION VOTE, was defeated with Aye(0). Legislators Kelly, Sweet, Dimond, Headwell, Jr., Wilson, Duchessi and Purtell voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 140 of 2022 DATED: June 28, 2022 RECOMMENDATION:

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law B (Local Law 2) of 2022 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND PUBLIC DEFENDERS

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

Section 1: 

The purpose of this local law is to expand residency requirements for Assistant District Attorneys, Social Services Attorneys, Assistant County Attorneys and Assistant Public Defenders to anywhere in New York State. This provision does not apply to the position of 1^st Assistant District Attorney or 1^st Assistant Public Defender.  

Section 2:

The purpose for expanding residency requirements is enhance recruiting.

Section 3:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 4:

To the extent that this local law is inconsistent with any other laws or regulations, including Public Officers Law § 3 ,  it shall supersede those laws.  

Section 5:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 141 of 2022 DATED: June 28, 2022 RECOMMENDATION:

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, Amy Rogers, who represents the Public Sector, has been recommended by the County Executive to be re-appointed for the term 7/1/2022 through 6/30/2025; and

WHEREAS, Melissa Johnston, who represents the Private Sector, has resigned and it  has been recommended by the County Executive to be appoint Laurie Ingleston for the term 7/1/2022 through 6/30/2025; and

WHEREAS, the current board consists as follows:

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

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 142 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, On June 2, FMCC was notified that the New York Division of Budget has authorized the use of Higher Education Emergency Relief (HEERF) funds as the local share for COVID-related capital projects. Colleges’ proposed use of stimulus funds must address COVID-related capital needs to ensure college operations continue safely and effectively, including deferred maintenance projects accelerated to critical maintenance because of newly identified safety needs; and 

WHEREAS, any project must abide by all federal rules and timing relating to the proper use of these funds. Colleges must have a sponsor resolution authorizing the project and stating the source of funds (HEERF III); and 

WHEREAS, FMCC has identified three projects that would otherwise be submitted as part of the regular capital project funding process. The first is replacement of an air conditioning unit in the lower level of the classroom building that is undersized and has reached the end of its useful life. The project is estimated at $250,000. The second is the replacement of server hardware that supports distance learning technology at a cost of $95,000. The final project is the purchase of laptop computers for faculty for the delivery of distance learning at a cost of $75,000; and 

WHEREAS, there is no local sponsor contribution required. FMCC would manage the project, including funding the project and seeking reimbursement from NYS. 

NOW, THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized to sign the project finance application with the State University of New York, and be it further 

RESOLVED, that this resolution is contingent upon a similar resolution being approved by Fulton County.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 143 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery College Board of Trustees has presented its sponsoring counties with a 2022-23 budget request; and

WHEREAS, a public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties.

RESOLVED, the Montgomery County Legislature hereby approves the scheduling of a Public Hearing on the proposed 2022-23 budget of Fulton-Montgomery Community College for July 26, 2022 at 5:55 pm in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 12068; and

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature hereby is directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 144 of 2022 DATED: June 28, 2022 RECOMMENDATION:

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; and

WHEREAS, the State has provided the $5,000,000 in funding to enable Montgomery County to join CDTA.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes formally join the Capital District Transit Authority; and

BE IT FURTHER RESOLVED, that the Montgomery County Clerk and Montgomery County Treasurer are authorized and directed to pay the Capital District Transit Authority the portion of the mortgage tax as set forth by law; and 

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

BE IT FURTHER RESOLVED, that this resolution shall take effect on August 1, 2022 and upon the filing of a duly certified  copy of this resolution with the CDTA and with the  Secretary of State, and the mailing of a certified copy thereof  to  the  county clerk of each county; and

BE IT FURTHER RESOLVED, the Clerk of the Legislature is directed to file a certified copy of this resolution with the CDTA, the Secretary of State, and mail a certified copy to the County Clerk of each county in the CDTA.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond and Headwell, Jr. voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 145 of 2022 DATED: June 28, 2022 RECOMMENDATION:

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

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

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Treasurer to disburse Mortgage Tax money for the period October 1, 2021 through March 31, 2022; and

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

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 146 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, pursuant to the Audit Guidelines, Section 2.02 (2), requires after examination and review of the claims by the County Auditor, and there being no objection to any of the claims by any committee or Board member, shall move that the claims as audited are approved and presented to the Board for approval of payment; and

WHEREAS, the County Auditor has audited claims for the period of May 25, 2022 through June 28, 2022 and the County Auditor recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the County Auditor, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 147 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, on or about April 12, 2018, the Montgomery County Sanitary District ("District") and Pollard Excavating, Inc.. (“Pollard” or “Principal”) entered into Contract for “Montgomery County Sanitary District No. 1 Clarifier Rehabilitation and Leachate Acceptance Modification Project, Contract No. 2-General Construction” (hereinafter the “Original Contract”); and

WHEREAS, in connection with the Original Contract, USSIC, as surety, issued performance and payment bonds on behalf of Pollard, as Principal, in favor of District, as obligee, each bond bearing bond number 1001074965, and each bond dated April 12, 2018, the Performance Bond in the total penal amount of $248,800.00, and the Payment Bond in the penal amount of $248,800.00 (hereinafter, the “Performance Bond” and the “Payment Bond”, respectively, and collectively the “Bonds”) for the Montgomery County Sanitary District No. 1 Clarifier Rehabilitation and Leachate Acceptance Modification Project, Contract No. 2-General Construction project (“Project”); and

WHEREAS, by letter dated October 26, 2020 the District declared Pollard in defaulted under the Original Contract and terminating the Original Contract as of November 13, 2020; and

WHEREAS, USSIC under the Bonds has been called upon by District to arrange for completion of the work required by the Original Contract and to honor its obligations under the Bonds; and

WHEREAS, in satisfaction of its obligations under the Performance Bond, USSIC desires to tender to District a completing contractor, CTI, the lowest responsible, responsive bidder after a bidding process,  to complete all remaining work on the Project pursuant to the terms of the Original Contract and this Agreement; and

WHEREAS, CTI has submitted a proposal to USSIC to perform the work remaining to be done under the Original Contract and to otherwise fulfill all responsibilities and obligations of Pollard under the Original Contract; and

WHEREAS, USSIC will also reimburse the District for engineering costs to oversee the work done by CTI under the contract; and

WHEREAS, the Montgomery County Sanitary District Board has authorized entering into this tender agreement and contract.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs the Montgomery County Executive to enter into a tender agreement with USSIC and CTI ; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs the Montgomery County Executive to enter into a contract with CTI in an amount not to exceed $111,146.35 to complete the Clarifier Rehabilitation and Leachate Acceptance Modification Project, which will be paid by USSIC through the terms set forth in the tender agreement.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond and Headwell, Jr. voted Nay. Legislators Pepe and VACANT were absent. (6/28/2022)

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RESOLUTION NO. 148 of 2022 DATED: June 28, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, American Rescue Plan funds by the federal government can be used under the standard allowance for government services; and

WHEREAS, due to delays from COVID, the cost of the Shared Services Building have significantly increased and additional funds are needed to complete the project; and

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that using $1,087,507 for the Shared Services Building is an allowable use of the American Rescue Plan funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs using $1,087,507 of American Rescue Plan funds for the Shared Services Building; and

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond and Headwell, Jr. voted Nay. Legislators Pepe and VACANT were absent.(6/28/2022)

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