RESOLUTION NO. 223 of 2022 DATED: October 25, 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 has been awarded an amount up to $80,000 to prepare an update to the 2016 Montgomery County Multi-Jurisdictional All-hazard Mitigation Plan; and 

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

WHEREAS, Resolution No. 70 of 2022 authorized the entering into a contract with T&B Engineering and Landscape Architecture, P.C to prepare said plan update; and

WHEREAS, Resolution No. 130 of 2022 authorized acceptance of additional grant funds from the New York State Division of Homeland Security and Emergency Services for additional work associated with the preparation of the Multi-Jurisdictional Multi-Hazard Mitigation Plan Update; and

WHEREAS, T&B Engineering and Landscape Architecture, P.C. submitted a proposal for additional services to develop a Culvert Asset Management Plan.  

RESOLVED, the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign an amended contract in the amount not to exceed $150,000 with T&B Engineering and Landscape Architecture, P.C. to undertake the preparation of the Montgomery County Multi-Jurisdictional Multi-Hazard Mitigation Plan Update and a Culvert Asset Management Plan.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 224 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature encourages and supports tourism promotion within Montgomery County, and

WHEREAS, the Montgomery County Legislature must designate an official Tourism Promotion Agency in order to maximize funding available through different resources that would enhance and support Montgomery County's tourism program.

RESOLVED, the Montgomery County Economic Development & Planning Office is hereby designated the County's Official Tourism Promotion Agency.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 225 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature encourages and supports tourism promotion within Montgomery County; and

WHEREAS, the Montgomery County Economic Development and Planning Office (the County's Tourism Promotion Agency) wishes to apply for the New York State - "I Love New York" funds for the 2023 tourism year; and

WHEREAS, funds for this program were adopted in the 2023 Operating Budget.

RESOLVED, the Montgomery County Legislature hereby authorizes the Montgomery County Economic Development & Planning Office (the County’s Tourism Promotion Agency) to submit an “I Love New York” Tourism Matching Funds Application, in an amount of ______ (projected local match of $______) for the County’s 2023 tourism and promotion programs.

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes the County Executive, following review and approval by the County Attorney to sign the application and any associated grant documents related to carrying out this resolution.

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Dimond,

to insert in the RESOLVED CLAUSE after  in an amount of $120,000 and insert after projected local match of $60,000

passed with Aye(7). Legislators Duchessi and VACANT were absent.(10/25/2022)

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 226 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, the Department of Social Services currently contracts with Berkshire Farm Center & Services for Youth for their school, home and community-based truancy prevention program for at-risk elementary students (K-5), called the Home Run Program and middle school students, called the Turnabout Program; and

WHEREAS, Berkshire places a Family Specialist within the participating school districts in Montgomery County in an effort to become part of the school culture. The program provides family counseling and empowers families to become more involved with school, community, and family; and

WHEREAS, since the program, in collaboration with our local school districts, has the ability to reduce foster care placements, the Department of Social Services wishes to continue to contract with Berkshire and our 5 local school districts (Canajoharie Central School District, Fonda-Fultonville Central School District, Fort Plain Central School District, Greater Amsterdam School District, and Oppenheim-Ephratah-St. Johnsville Central School District), as well as Hamilton-Fulton-Montgomery BOCES, who coordinates payments for the districts’ local share of the contract; and, be it

RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign a contract with Berkshire Farm Center & Services for Youth in the amount of $994,416.00, for the period of January 1, 2023 through December 31, 2023; and

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign contracts with CCSD, FFCSD, FPCSD, GASD, OESJCSD, and HFM BOCES for the period of January 1, 2023 through December 31, 2023 in the amount of $41,986.45 per program.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 227 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, as part of the NYS Executive Budget, Governor Hochul has created the Healthcare Worker Bonus Program (HWB); and

WHEREAS, the HWB allows for payment of bonuses to recruit, retain, and reward health care and mental hygiene workers that meet eligibility requirements; and

WHEREAS, employees working for Montgomery County that qualify for this bonus have been submitted via the HWB portal for the 1st vesting period beginning October 1, 2021 and ending March 31, 2022, all eligibility requirements as set for by NYS have been met, and bonuses have been approved; and

WHEREAS, employees working for Montgomery County that qualify for this bonus have been submitted via the HWB portal for the 2nd vesting period beginning April 1, 2022 and ending September 30, 2022, all eligibility requirements as set for by NYS have been met, and bonuses have been approved; and

RESOLVED, that the Montgomery County Legislature hereby resolves and accepts these funds to make payments to eligible workers as approved via the HWB portal:

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 Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 228 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, by Resolution 252 of 21 the Montgomery County Legislature approved NYS ILS grant distribution Hurrell-Harring contract, which included funds for legal reference for the Public Defender's Office; and

WHEREAS, this is a continuation agreement of this service, wherein the prior agreement contract was approved by Resolution 253 of 21; and

WHEREAS, this online legal reference service will continue to be purchased through LexisNexis; and

WHEREAS, this online legal service has offered a continued signifigant discount to the Montgomery County Public Defender's Office if they enter into an extending agreement; and

WHEREAS, the amount of the three-year agreement is: $604 a month for the term of 12/1/22-11/30/23.  $629 a month for the term of 12/1/23-11/30/24 and $655 a month for the term of 12/1/24-11/30/25.

RESOLVED, therefore that the Montgomery County Legislature hereby authorizes and directs the Montomey County Executive, after review and approval by the County Atotorney, to sign the agreement with LexisNexis for a term of 12/1/22- 11/30/25 and a total of $22,656 for the three-year term.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 229 of 2022 DATED: October 25, 2022 RECOMMENDATION:

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

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

WHEREAS, the Humana Medicare Employer LPPO Plan will be effective, January 1, 2023 - December 31, 2023.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign an agreement with Humana plan for health insurance only, (no prescription drugs) at a rate of $185.21 per member per month for a term of January 1, 2023 - December 31, 2023.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 230 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, the Democrat Election Commissioners term expires December 31, 2022, and

WHEREAS, the Democrat Party has submitted certification that the party has recommended Terry A. Bieniek of 625 McKay Road, Amsterdam, NY to appointment to the office of the Democrat Election Commissioner for the next four-year term, be it

RESOLVED, that Terry A. Bieniek, 625 McKay Road, Amsterdam NY is hereby appointed Democrat Election Commissioner pursuant to Election Law Section 3-204 and Resolution No. 85, of 2005, to a four-year term commencing on January 1, 2023 and ending on December 31, 2026.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. abstained. Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 231 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, the Capital District Regional Off-Track Betting Corporation is a public benefit corporation formed in 1975; and

WHEREAS, the geographic area is comprised of 16 counties and the cities of Albany and Schenectady; and

WHEREAS, there is a vacancy in the position of the Montgomery County Director for the Capital District Regional Off-Track Betting Corporation; and

WHEREAS,  Racing, Pari-Mutuel Wagering and Breeding Law (PML) §502 states that the directors of the Capital District Regional Off-Track Betting shall be appointed by the governing bodies of a County; and

WHEREAS, PML §501 defines the governing body as the "appropriate County legislative body."

NOW THEREFORE BE IT RESOLVED,  that the Montgomery County Legislature hereby appoints Mark Hoffman as the Montgomery County Director for the Capital District Regional Off-Track Betting Corporation to serve for a term through December 31, 2022.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 232 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, one of the approved uses of American Rescue Plan funds is for goverment use; and

WHEREAS, it is necessary to undertake a review of our information technology department; and

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that this is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that $500,000 of ARPA funds be used to undertake a review of the information technology department; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed, upon review and approval of the County Attorney, to execute a contract with UTC Associates, Inc. in an amount not to exceed $500,000; 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 Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 233 of 2022 DATED: October 25, 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 was for grants to nonprofits; and

WHEREAS, the Office for the Aging, a nonprofit, is in the need of funds for a new roof; and

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that a  grant to the Office fo the Aging, a nonprofit, for a new roof 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 Office for the Aging, in the amount of $100K for a new roof; 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 Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 234 of 2022 DATED: October 25, 2022 RECOMMENDATION:

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, 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 $10,000.00 as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 235 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and 

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; and

WHEREAS, the Montgomery County Legislature authorized per Resolution 117 of 2022 the Horace J. Inman Senior Center $32,767 for a new boiler; and

WHEREAS, the Inman Center received a revised quote for the boiler installation costing an additional $2,700.

RESOLVED, that the Montgomery County Legislature hereby increases said grant award to reflect the additional cost of $2,700; 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 Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 236 of 2022 DATED: October 25, 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 was for grants to not for profits; and 

WHEREAS, Montgomery County has been working with Venesky Group,a consultant, that has affirmed that a grant to the not for profit  Montgomery County Agricultural Society for water and sewer improvements to help increase tourism in Montgomery County 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  Montgomery County Agricultural Society a nonprofit, in the amount of $1,500,000 for water and sewer improvements to help increase tourism in Montgomery County; 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 Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 237 of 2022 DATED: October 25, 2022 RECOMMENDATION:

WHEREAS, the last date of redemption for properties with outstanding 2020 taxes was February 18, 2022, and

WHEREAS, it is necessary to meet a requirement for the 2020 foreclosure prior to foreclosing.

RESOLVED, the Montgomery County Legislature authorizes and directs the Montgomery County Treasurer to extend the last date of redemption for outstanding foreclosure 2020 to Februay 17, 2023; and

FURTHER RESOLVED, that delinquent taxpayers shall be allowed to pay their taxes to prevent properties from foreclosure and sale at auction.

RESOLUTION VOTE, passed with Aye(7). Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 238 of 2022 DATED: October 25, 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 September 28, 2022 through October 25, 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(6). Legislator Sweet abstained. Legislators Duchessi and VACANT were absent. (10/25/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: