AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
November 22, 2022
Tuesday
6:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



Members of the public may participate by calling 1-571-317-3122, Access Code 833-000-061. 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. Presentation 

  • Proclamation - Bennett Melita, 2022 NYSPHAA Class C Cross Country Champion - Fonda-Fultonville School

    Public Comment

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
240

RESOLUTION APPOINTING MEMBERS - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGRICULTURE (ECONOMIC DEVELOPMENT/PLANNING)

Wilson/SweetMove to Full Legislature
241

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

Pepe/Headwell, Jr.Move to Full Legislature
242

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH RITTER AND PARATORE CONTRACTING, INC. FOR DEMOLITION SERVICES-EXIT 29 REDEVELOPMENT PROJECT (ECONOMIC DEVELOPMENT AND PLANNING)

Purtell/DimondMove to Full Legislature
243

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN ENGINEERING SERVICE AGREEMENT (PUBLIC WORKS)

Headwell, Jr./SweetMove to Full Legislature
244

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - GAS AND DIESEL (PUBLIC WORKS)

Sweet/DimondMove to Full Legislature
245

RESOLUTION AMENDING RESOLUTION 134 OF 2022 TO CONTRACTS FOR CONSTRUCTION SERVICES-SHARED SERVICES FACILITY (PUBLIC WORKS)

Dimond/PepeMove to Full Legislature
246

RESOLUTION AMENDING THE 2022 OPERATING BUDGET ACCEPTING NYS OCFS SPORTS OPPORTUNITY FUNDING FOR YOUTH (YOUTH & VETERANS)

Sweet/PepeMove to Full Legislature
247

RESOLUTION AMENDING 2022 THE SANITARY DISTRICT NO.1 BUDGET

Sweet/DimondMove to Full Legislature
248

RESOLUTION ACCEPTING CRIMINAL JUSTICE DISCOVERY REFORM GRANT AND AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT (DISTRICT ATTORNEY)

Pepe/Headwell, Jr.Move to Full Legislature
249

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - (SHERIFF) 

Wilson/SweetMove to Full Legislature
250

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - MOTOR VEHICE EQUPMENT (SHERIFF)

Headwell, Jr./WilsonMove to Full Legislature
251

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - 2021-2022 PUBLIC SAFETY ANSWERING POINT(PSAP) GRANT PROGRAM (SHERIFF) 

Pepe/WilsonMove to Full Legislature
252

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN NYS INDIGENT LEGAL SERVICES (ILS) CONTRACT: DISTRIBUTION 13 (PUBLIC DEFENDER)

Sweet/WilsonMove to Full Legislature
253

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT WITH STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES

Pepe/SweetMove to Full Legislature
254

RESOLUTION FOR BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH (ENHANCED STEPPING STONES) AGREEMENT (SOCIAL SERVICES)

Dimond/WilsonMove to Full Legislature
255

RESOLUTION FOR BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH (STEPPING STONES) AGREEMENT (SOCIAL SERVICES)

Pepe/DimondMove to Full Legislature
256

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH TARA BENINCASA, LMHC, NCC (SOCIAL SERVICES)

Pepe/SweetMove to Full Legislature
257

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR SERVICES APPROVED FOR USE IN 2023 (SOCIAL SERVICES)

Wilson/Headwell, Jr.Move to Full Legislature
258

RESOLUTION AMENDING 2022 OPERATING BUDGET - CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT (CSHCN) AWARD FUNDS  (PUBLIC HEALTH)

Wilson/DimondMove to Full Legislature
259

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN ADDENDUM TO THE NORTHWOODS CONSULTING INC – TRAVERSE DESKTOP AND MOBILE SUITE CONTRACT (SOCIAL SERVICES)

Pepe/Headwell, Jr.Move to Full Legislature
260

RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2022) A LOCAL LAW ESTABLISHING A TRAFFIC DIVERSION PROGRAM WITHIN THE COUNTY OF MONTGOMERY, NEW YORK

Pepe/SweetMove to Full Legislature
261

RESOLUTION APPROVING 2023 CAPITAL PROJECTS (FMCC)

Sweet/WilsonMove to Full Legislature
262

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENT - OFFICE SPACE - KCS LAND RESEARCH CORP (COUNTY CLERK)

Headwell, Jr./WilsonMove to Full Legislature
263

RESOLUTION AMENDING RESOLUTION 232 OF 2022 - COUNTY LEGISLATURE

Pepe/SweetMove to Full Legislature
264

RESOLUTION GRANTING $72,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FORT PLAIN SENIOR CENTER FOR KITCHEN RENOVATIONS (LEGISLATURE)

Wilson/Headwell, Jr.Move to Full Legislature
265

RESOLUTION GRANTING $150,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FRIENDS OF THE SANFORD STUD FARM (COUNTY LEGISLATURE) 

Pepe/WilsonMove to Full Legislature
266

RESOLUTION GRANTING $50,000 OF AMERICAN RESCUE PLAN FUNDS TO THE VILLAGE OF FONDA FOR A NEW SIDEWALK (COUNTY LEGISLATURE)

Headwell, Jr./PepeDo Not Move to Full Legislature
267

RESOLUTION DENYING APPLICATIONS FOR REFUNDS OF TAXES FOR 2021 & 2022 (REAL PROPERTY)

Pepe/DimondMove to Full Legislature
268

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Wilson/DimondMove to Full Legislature
269

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED NOVEMBER 22, 2022, AUTHORIZING THE REMAINING DEMOLITION OF THE BEECH NUT SITE WITHIN THE COUNTY, ESTIMATING THE AGGREGATE COST THEREOF TO BE $4,300,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,300,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES.

Pepe/DimondMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 240 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION APPOINTING MEMBERS - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGRICULTURE (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, by Resolution 54 of 2004 the Board of Supervisors re-established a special advisory committee to develop and oversee implementation of programs to promote and market Montgomery County agricultural opportunities, and

WHEREAS, said committee provides general direction to any groups responsible for county-sponsored programs related to agricultural economic development, and

WHEREAS, said committee's membership is be appointed by the County Legislature, with membership to include:

 Active Farmer
 Agribusiness
 Montgomery County Legislator
 Farm Bureau Representative
 Chamber of Commerce Representative
 Farm Service Agency Representative 
 Economic Development/Planning Representative 
 Cornell Cooperative Extension Association Board Representative
 Agricultural and Farmland Protection Board Representative
 , and

WHEREAS, all members of said advisory committee serve at the pleasure of the County Legislature, and

WHEREAS, said advisory committee is to tender written quarterly reports to the County Legislature. 
  
RESOLVED, the following are hereby appointed as members of the Agriculture Economic Development Advisory :

vacant Active Farmer 
Elma Phillips    Agribusiness 
Martin Kelly  Montgomery County Legislator 
Vicky Jennings  Farm Bureau Representative 
Anne Boyles  Chamber of Commerce Representative 
Sandy Scott Farm Service Agency Representative 
Alex Kuttesch Economic Development/Planning Representative 
Brian Gilchrist  Cornell Cooperative Ext. Assoc. Board Representative 
Bob Harris  Agricultural and Farmland Protection Board Representative 

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Pepe, to change the RESOLVED CLAUSE from vacant - Active Farmer, to Amy Hoefele - Active Farmer passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent.(11/22/2022)

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPOINTING MEMBERS - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE AGRICULTURE


II. Justification:

Change in committe membership


III. Legislative Impact:

Pursuant to the charter the legislature has the authority to make appointments


IV. Financial Impact:

Appointing resolution - no financial impact



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 241 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

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


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

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

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

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

WHEREAS, Resolution #153 of 2018 awarded the contract to LiRo Engineers, Inc. at a cost not to exceed $475,000 and Resolutions #200 of 2019,  #93 of 2020, #197 of 2021 and #49 of 2022 amended the contract at cost not to exceed $750,000; and

WHEREAS, demolition design, bid and construction oversight is necessary for continued abatement and demolition of the western side of the Exit 29 Redevelopment site; and

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

RESOLVED, the Montgomery County Legislature hereby authorizes an amendment to the contract for a total cost not to exceed $1,111,163; 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(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Liro Proposal - Former Beech-Nut Site

Statement of Legislative and Financial Impact:

I. Nature of Request:

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


II. Justification:

Professional engineering services for this project is necessary for continued abatement and demolition oversight services on the western side of Exit 29.


III. Legislative Impact:

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


IV. Financial Impact:

Bond would be needed to cover the cost of the Construction Management services.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 242 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT WITH RITTER AND PARATORE CONTRACTING, INC. FOR DEMOLITION SERVICES-EXIT 29 REDEVELOPMENT PROJECT (ECONOMIC DEVELOPMENT AND PLANNING)


Resolution by Legislator: Purtell
Seconded by: Dimond

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

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

WHEREAS, in order to carry out said tasks and goals associated with the awarded funds the County solicited a RFP for Beech-Nut Plant Demolition – Western Plant Buildings and responses were received; and

WHEREAS, LiRo Engineers, Inc., the company who has been providing engineering services for the Exit 29 Redevelopment Project, recommends that a contract be awarded to Ritter and Paratore Contracting, Inc. as a qualified vendor with the best quality services at the lowest possible cost; and 

WHEREAS, Ritter and Paratore Contracting, Inc. has provided sufficient qualification and explanation of their bid to LiRo during an interview to assess their understanding of the bid documents..

RESOLVED, the Montgomery County Legislature hereby authorizes awarding a of a contract to Ritter and Paratore Contracting, Inc. at a cost not to exceed $4,072,741.00 for demolition services as outlined in the RFP for the Beech-Nut Plant Demolition – Western Plant Buildings; 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). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)



Liro Bid Award Recommendation

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution authorizes the County Executive to sign a contract for Demolition services as it relates to the Exit 29 Redevelopment Project.


II. Justification:

Demolition services for this project are necessary.


III. Legislative Impact:

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


IV. Financial Impact:

County would need to Bond for cost of demolition and construction management services.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 243 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN ENGINEERING SERVICE AGREEMENT (PUBLIC WORKS)


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

WHEREAS, Commons Rd. Bridge BIN#3309970 in the Town of Mohawk is in the need of Rehabilitation; and

WHEREAS, Commons Rd. Bridge is currently posted to a weight limit of 10 Tons and has been reduced to a single lane structure; and

WHEREAS, the Commissioner of Public Works solicited for Qualifications of Design Engineers for the rehabilitation project; and

WHEREAS, the Commissioner of Public Works has recommended retaining the services of AECOM USA Inc. 40 British American Blvd. Latham, NY 12110 to perform Engineering Services for a sum not to exceed to $257,000.00.

RESOLVED, that the County Executive upon review and approval of the County Attorney is authorized and directed to execute an agreement with AECOM USA Inc. for a sum not to exceed $257,000.00; and

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is directed to submit a resolution amending the 2023 Budget to allocate the necessary  funds for this project.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign agreement for Engineering Services with AECOM USA Inc. Latham, NY, for Commons Rd. Bridge rehabilitation in the Town Of Mohawk.


II. Justification:

The Bridge has deteriorated and is in need of rehabilitation due to the current condition and weight posting of 10 tons; local school buses, Town plow trucks, oil deliveries, milk tankers and other related equipment can not utilize the structure.


III. Legislative Impact:

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


IV. Financial Impact:

Premiminary Funds for Survey and site evaluation in the amount of $15,000 are accounted for in the 2022 Public Works budget.

Remaining design engineering fee's of $242,000 will need to be allocated for in the 2023 budget.

Overall rehabilitation costs are expected to cost $890,000 which will also need to be allocated for in 2023 (upon bid opening) to complete the project in the 2023 construction season.

Funds will need to be allocated for by fund balance or capital project bonding.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 244 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - GAS AND DIESEL (PUBLIC WORKS)


Resolution by Legislator: Sweet
Seconded by: Dimond

WHEREAS, the Montgomery County Department of Public Works purchases gas and diesel for department operations, as well as that of other departments; and

WHEREAS, the Commissioner of Public Works budgeted $420,000 for gas and diesel for the 2022 Operating Year; and

WHEREAS, due to the severe increases in fuel prices for 2022, funds have been depleted and appropriations need to be increased to operate through the end of this budget year.

NOW, THEREFORE, BE IT RESOLVED, that the Montgomery County Treasurer is directed to amend the 2022 Budget as follows:

INCREASE:    
A599   Appropriated Fund Balance $20,000.00
     
INCREASE AND TRANSFER TO:    
DM-12-4-5130-00-.4441 Gas, Oil Diesel  $20,000.00

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr., to change the

NOW, THEREFORE, BE IT RESOLVED clause as follows:

INCREASE:    
DM-12-3-2801  Interfund Transfers $20,000.00
     
INCREASE APPROPRIATIONS:    
DM-12-4-5130-00-.4441 Gas, Oil Diesel  $20,000.00

 

passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent.(12/6/2022)

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AMENDING THE 2022 OPERATING BUDGET - GAS AND DIESEL


II. Justification:

The Montgomery County Department of Public Works purchases gas and diesel for department needs, as well as that of other departments. Due to increased fuel prices, there is insufficient funds to last for the remainder of the 2022 Budget Year.


III. Legislative Impact:

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


IV. Financial Impact:

Monthly expenses for the fuel range from $30,000 to $40,000 per month. To date, the department has spent $403,000 of the $420,000 budgeted. Fund balance to be used in the amount of $20,000 for gas and fuel purchase.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 245 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 134 OF 2022 TO CONTRACTS FOR CONSTRUCTION SERVICES-SHARED SERVICES FACILITY (PUBLIC WORKS)


Resolution by Legislator: Dimond
Seconded by: Pepe

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

WHEREAS, Resolution 48 of 2021 added contingency to each of the four contracts for the Shared Services Facility; and

WHEREAS, Resolution 134 of 2022 amending said contracts did not take into account the additional contingency contract amounts authorized by Resolution 48 of 2021; and

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:

Original Contract

$7,676,900.00

Res. 48 of 2021

$191,922

Amendment No. 2

  $959,187.52

Revised Contract

$8,828,009.52

      

  1. Poestler & Jaeckle Corp. -  Mechanical Services:

Original Contract

$1,364,000.00

Res. 48 of 2021

$68,000.00

Amendment No. 2

  $85,223.93

Revised Contract

$1,517,223.93

         

  1. Upstate Companies, LLC - Electrical Contract

Original Contract

$1,083,146.09

Res. 48 of 2021

$20,613.91

Amendment No. 2

  $43,094.88

Revised Contract

$1,146,854.88

          

  1. BPI Piping, Inc. – Plumbing Contract

Original Contract

$1,681,000.00

Res. 48 of 2021

$84,050.00

Amendment No. 2

  $0

Revised Contract

$1,765,050.00

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution amends Resolution No. 134 of 2022 to include contract amounts added by Resolution No. 48 of 2021 for construction services at the Montgomery County Shared Services Facility.


II. Justification:

Resolution is necessary to include contract amounts authorized by Resolution 48 of 2021.


III. Legislative Impact:

Authorized pursuant to Article 3 of the Montgomery County Charter.


IV. Financial Impact:

Montgomery County, through Resolution 199 of 2020, bonded $12,700,000.00 for the project.

Montgomery County through Resolution 248 of 2022, utilized $1,087,507 of American Rescue Plan funds for said project.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 246 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2022 OPERATING BUDGET ACCEPTING NYS OCFS SPORTS OPPORTUNITY FUNDING FOR YOUTH (YOUTH & VETERANS)


Resolution by Legislator: Sweet
Seconded by: Pepe

WHEREAS, in 2021, New York State legalized mobile sports wagering; and

WHEREAS, Subdivision 8 of section 1367 of the Racing, Pari-Mutuel Wagering and Breeding Law established that 1% of the state tax proceeds from mobile sports wagering is to be used to support grants for sports activities and education for youth; and

WHEREAS, a grant making fund was created under the NYS Office of Children and Family Services’ budget for the purpose of providing annual Sports Opportunity Funding awards to support sports programs for underserved youth under the age of 18 via local nonprofit organizations; and

WHEREAS, Youth Bureaus will receive an allocation for the Sports Opportunity Funding to serve youth ages 6-17 based on the population of eligible youth in the county; and

WHEREAS, the Montgomery County Dept. of Youth & Veterans Services was awarded Sports Opportunity Funding in the amount of $6,865 to be utilized for 2022 youth sports programs within Montgomery County.

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

INCREASE REVENUES:    
A-21-3-3820   Youth Programs  $6,865 
     
INCREASE APPROPRIATIONS:       
A-21-4-7310-00-.4585 Youth Development Programs $6,865

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Amend the 2022 Operating Budget in order to utilize State Aid funds awarded for youth sports programs.


II. Justification:

Amend the 2022 Operating Budget in order to utilize State Aid funds awarded for youth sports programs.


III. Legislative Impact:

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


IV. Financial Impact:

INCREASE REVENUES:   

A-21-3-3820                   Youth Programs                       $6,865   

INCREASE APPROPRIATIONS:   

A-21-4-7310-00-4585      Youth Development Programs   $6,865



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 247 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING 2022 THE SANITARY DISTRICT NO.1 BUDGET


Resolution by Legislator: Sweet
Seconded by: Dimond

WHEREAS, resolution #53 of 2022 awards bids for materials and/or professional services to the lowest responsible , responsive bidder with an option to exctend the contracts for a period of one (1) year per the 2022 bid specifications; and

WHEREAS, Callanan Industries, Inc is listed as a responsible, reponsive bidder for paving on the County's request for bids; and

WHEREAS, the Sanitary District No.1 Board of Directors approves of the project and the appropriation of District fund balance to finance the project.

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

TRANSFER FROM:    
G599 Fund Balance $142,750
     
TRANSFER TO:    
G-26-4-8120-00-.4421 Property Rntl/Lease Repair $142,750

 

                                             

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Amend 2022 Sanitary District Budget.


II. Justification:

Amendment needed to cioer cost of paving project.


III. Legislative Impact:

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


IV. Financial Impact:

Appropriation of Disitrct Fund Balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 248 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION ACCEPTING CRIMINAL JUSTICE DISCOVERY REFORM GRANT AND AUTHORIZING COUNTY EXECUTIVE TO SIGN AGREEMENT (DISTRICT ATTORNEY)


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

WHEREAS, the District Attorney has been advised that Montgomery County has been awarded $239,057.00 Criminal Justice Discovery Reform Grant by the New York State Division of Criminal Justice Services for the period of April 1, 2022 through March 31, 2023; and

WHEREAS, these are grant funds awarded to the Montgomery County District Attorneys' Office which is used to support local law enforcement agencies and the District Attorney's Office with expenses related to implementaion of discovery and bail reforms that took effect January 1, 2020.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the $239,057.00 Criminal Justice Services Discovery Reform Grant approved by the New York State Division of Criminal Justice Services for the period of April 1, 2022 through March 31, 2023.

FURTHER RESOLVED, that the Montgomery County Executive is hereby authorized and directed following review and approval by the County Attorney, to sign an agreement accepting the $239,057.00 Criminal Justice Discovery Reform Grant approved by the New York State Division of Criminal Justice Services for the period of April 1, 2022 through March 31, 2023.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Criminal Justice Grant Award

Statement of Legislative and Financial Impact:

I. Nature of Request:

Request for County Executive to accept Criminal Justice Discovery Reform Grant in amount of $239,057.00 covering period from April 1, 2022 through March 31, 2023 awarded to the Office of Montgomery County District Attorney from the NYS Division of Criminal Justice Services.


II. Justification:

Request for County Executive to accept Criminal Justice Discovery Reform Grant in amount of $239,057.00 covering period from April 1, 2022 through March 31, 2023 for expenses relating to implementation of discovery and bail reforms that took place January 1, 2020.


III. Legislative Impact:

Pursuant to Article 3 of the Charter, the County Executive has the power to sign the $239,057.00 Criminal Justice Discovery Reform Grant approved by the New York State Division of Criminal Justice Services the period of April 1, 2022 through March 31, 2023.


IV. Financial Impact:

$239,057.00 has already been received by the County Treasurer.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 249 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - (SHERIFF) 


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, there is a need to add funds to certain lines in the 2022 budget; and

WHEREAS, the Montgomery County Sheriff's Office continues to see an increase in calls for service, an increase in partnering with our community, an increase in the necessity of visibility and a increase in expenditures; and

WHEREAS, this increase combined with increased services are both directly related to this budgetary transfer.

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

TRANSFER FROM:     
A-15-4-3020-14-.1110 (5) Dispatcher $6,409.98
A-15-4-3150-00-.1110 (389) Correction Officer $5,000.00
A-15-4-3020-14-.1110 (399) Disptacher $6,104.75
 A-15-4-3150-00-.1110 (1079) Correction Officer $9,000.00
A-15-4-3150-00-.4436 Medical Fees  $15,000.00
A-15-4-3150-00-.4438 Misc Supporting Services $6,000.00
A-15-4-3150-00-.4445 Medical Supplies  $20,000.00
A-15-4-3150-00-.4446  Food  $20,000.00
     
TRANSFER TO:     
A-15-4-3110-00-.1111 (1212) Overtime $6,409.98
A-15-4-3110-00-.1113 (1213) Shift Differential $20,000.00
A-15-4-3110-00-.1120 (145) Deputy Sheriff PT $20,000.00
A-15-4-3110-00-.4441 Fuel $35,000.00
A-15-4-3110-00-.4442 Equipment Rent/Lease/Repair  $6,104.75

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - (SHERIFF) 


II. Justification:

These budget transfers are necessary to stay within budget for 2022.  Some of these increases are directly related to settled union contracts, an increase in services provided and training.  


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. 250 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - MOTOR VEHICE EQUPMENT (SHERIFF)


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

WHEREAS, the Sheriff's Office has already received more revenue in the Jail than was budgeted for 2022, and we anticipate to continue recieving revenue throughout the year which will outweigh the expenditures listed in this resolution; and

WHEREAS, there are motor vehicles that are necessary for employees to do their jobs properly, many of these motor vehicles are high mileage and in need of replacment, there is also a need for addition overtime money to stay within budget; and

WHEREAS, the motor vehicles and overtime 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 and other law enforcement agencies and being properly equipped is essential for all of us.

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

INCREASED REVENUES:     
A-15-3-2264  Jail Facility Other Government  $215,000.00
     
INCREASE APPROPRIATIONS:     
A-15-4-3110-00-.1111 (1212) Overtime $15,000.00
A-15-4-3110-00-.2230  Motor Vehicle Equipment $200,000.00

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2021 OPERATING BUDGET - (SHERIFF)


II. Justification:

The jail revenue continues to grow.  We have Federal inmates currently and we have held for Fulton County, Schenectady County, Lewis County and Otsego County.  We continue working hard in order to increase our revenues overall.  These purchases are specifically related to operations for the Sheriff's Office and would benefite everyone in and around the community.  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. 251 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - 2021-2022 PUBLIC SAFETY ANSWERING POINT(PSAP) GRANT PROGRAM (SHERIFF) 


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, the Sheriff has been awarded a grant totaling $211,150.00 from the 2021-2022 Public Safety Answering Point (PSAP) Grant Program; and

WHEREAS, the funding has been approved by the State to use for any beneficial reason pertaining to the 911 Dispatch Center operated by the Sheriff's Office; and 

WHEREAS, the items and software being purchased will be used to directly benefit the employees working withing the 911 Dispatch Center and our constituents living in, traveling through or visiting Montgmery County.

RESOLVED,  the Montgomery County Executive, upon review and approval of the County Attorney,  is authorized and directed to sign the 2021-2022 PSAP Grant in an amount totaling $211,150.00; and

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

INCREASE REVENUES:     
A-15-3-3389.14.01  State Aid Other Public Safety $211,150.00
     
INCREASE APPROPRIATIONS:     
A-15-4-3020-01-.2210 Office Furniture $8,725.00
A-15-4-3020-01-.4449 Special Supplies $2,100.00
A-15-4-3020-01-.4455  Training  $2,869.00 
A-15-4-3020-01-.4459 Computer Software $197,456.00

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2022 OPERATING BUDGET - 2021-2022 PUBLIC SAFETY ANSWERING POINT(PSAP) GRANT PROGRAM (SHERIFF) 


II. Justification:

This PSAP grant will allow us to upgrade equipment and software to work with the new CAD system purchased from Tyler Technologies.  This is another step towards utilizing the new software.


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:

There is no financial impact for this resolution request, except it allows us to purchase important items for the 911 Dispatch Center without using county funds. 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 252 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN NYS INDIGENT LEGAL SERVICES (ILS) CONTRACT: DISTRIBUTION 13 (PUBLIC DEFENDER)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the Montgomery County Public Defender has been advised by NYS ILS that a grant has been awarded to the Public Defender's Office to improve the quality of services provided to indigents of Montgomery County; and

WHEREAS, the total amount of Grant: Distribution 13 is $111,384, with a three-year distributin of $37,128 per year; and

WHEREAS, the funds can only be used for the Public Defender's Office as set forth within contract.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Executive, upon review and approval of the County Attorney, to accept and sign Distribution 13 for $111,384, with a three-year distributin of $37,128 per year.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZE COUNTY EXECUTIVE TO SIGN NYS ILS CONTRACT


II. Justification:

TO IMPROVE THE QUALITY OF SERVICES PROVIDED TO INDIGENTS OF MONTGOMERY COUNTY


III. Legislative Impact:

PURSUANT TO ARTICLE 3 OF THE MONTGOMERY COUNTY CHARTER


IV. Financial Impact:

NONE.  100% GRANT FUNDED.  NO COST TO COUNTY.  AMOUNTS WILL BE INCLUDED IN THE BUDGERT REQUEST FOR EACH YEAR



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 253 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN A CONTRACT WITH STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, the Department of Social Services is in need of establishing a contract for non-secure detention services; and

WHEREAS, Steuben County Department of Social Services operates an 8 bed co-ed non-secure detention service program (Steuben Youth Safe Center) certified by the New York State Office of Children and Family Services; and

WHEREAS, the Department wishes to place eligible and appropriate juveniles in this program on an as-need and space-available basis at a rate of $855.00 per bed per day from August 1, 2022 through December 31, 2022; 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 Steuben County Department of Social Services to place eligible and appropriate juveniles on an as-need and space-available basis at a rate of $855.00 per bed per day for the period of August 1, 2022 through December 31, 2022.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing the County Executive to sign a contract with Steuben County Department of Social Services.


II. Justification:

This contract will provide us with another facility to place lower-risk JDs to provide family-specific behavioral health services with a focus on rehabilitation


III. Legislative Impact:

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


IV. Financial Impact:

The contract is for $855.00 per diem on an as-needed, space-available basis.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 254 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION FOR BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH (ENHANCED STEPPING STONES) AGREEMENT (SOCIAL SERVICES)


Resolution by Legislator: Dimond
Seconded by: Wilson

WHEREAS, pursuant to Section 395 of the Social Services Law, the Commissioner of Social Services of Montgomery County Department of Social Services is charged with the responsibility for the administration of all child welfare in the County of Montgomery; and

WHEREAS, Berkshire Farm Center and Services for Youth offers an intensive home and community-based JD Diversion program called Enhanced Stepping Stones; and

WHEREAS, the Enhanced Stepping Stones program reduces admissions to detention thus reducing the County’s detention costs; and

WHEREAS, the Enhanced Stepping Stones increases family preservation and reduces risk of out-of-home placements as well as reduces the risk for future contact with the juvenile justice system and prevents return to placement.

RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to execute a contract with Berkshire Farm Center (Enhanced Stepping Stones) for the period of January 1, 2023 through December 31, 2023 at an amount not to exceed $115,519.00

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign Berkshire Farm Center and Services for Youth (Enhanced Stepping Stones) agreement.


II. Justification:

This helps to reduce out-of-home placements, detention services and re-arrests.


III. Legislative Impact:

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


IV. Financial Impact:

This program is currently budgeted in the amount of $115,519.00 for the 2023 year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 255 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION FOR BERKSHIRE FARM CENTER AND SERVICES FOR YOUTH (STEPPING STONES) AGREEMENT (SOCIAL SERVICES)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, pursuant to Section 395 of the Social Services Law, the Commissioner of Montgomery County Department of Social Services is charged with the responsibility for the administration of all child welfare in the County of Montgomery; and

WHEREAS, Berkshire Farm Center and Services for Youth offers an intensive crisis intervention program called Stepping Stones, with a goal of reducing the County’s need to place youth in detention or other out-of-home placements; and

WHEREAS, the Stepping Stones program provides a Family Specialist to preserve the family unit by providing supportive counseling in the home and giving parents tools and resources to ensure a child’s safety, well-being, and permanency while advocating to ensure quality care services; and, be it

RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to sign, and execute contract documents with Berkshire Farm Center and Services for Youth (Stepping Stones) for the period of January 1, 2023 through December 31, 2023 at an amount not to exceed $208,540.00.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign Berkshire Farm Center and Services for Youth (Stepping Stones) agreement.


II. Justification:

This helps to reduce the need to place youth in detention or out-of-home placements.


III. Legislative Impact:

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


IV. Financial Impact:

This program is currently budgeted in the amount of $208,540.00 for the 2023 year.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 256 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN CONTRACT WITH TARA BENINCASA, LMHC, NCC (SOCIAL SERVICES)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, the Commissioner of Social Services is charged with the responsibility for the administration of all child welfare services provided in the County of Montgomery; and

WHEREAS, the Department of Social Services is in need of executing an agreement with a clinician who can provide evaluations, validations, and treatment services to persons referred by the Department and deemed necessary to a child’s safety and wellbeing; and

WHEREAS, Tara L. Benincasa, LMHC, NCC is a Licensed Mental Health Counselor and National Certified Counselor who specializes in working with clients who have experienced trauma; and

WHEREAS, the agreement would be for a term commencing on December 1, 2022 and ending December 31, 2023; and

WHEREAS, the agreement includes an hourly rate of $175.00 to be prorated if sessions and appearances are less than one hour.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sign and execute a contract with Tara L. Benincasa, LMHC, NCC to provide services to persons referred by the Department of Social Services for a period beginning December 1, 2022 and ending December 31, 2023 at an hourly rate of $175.00 to be prorated if sessions and appearances are less than one hour.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing County Executive to sign contract with Tara L. Benincasa, LMHC, NCC


II. Justification:

To provide evaluations, validations, and treatment services to individuals referred by DSS that are necessary to a child’s safety and wellbeing


III. Legislative Impact:

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


IV. Financial Impact:

The contract is for an hourly rate of $175.00 per hour to be prorated if sessions and appearances are less than one hour.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 257 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENTS FOR SERVICES APPROVED FOR USE IN 2023 (SOCIAL SERVICES)


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

WHEREAS, the Commissioner of Social Services, is required to enter into agreements with New York State approved providers for services to the aging population within Montgomery County; and

WHEREAS, the services provided are at the cost of the client(s) and are only mandated agreements; and

RESOLVED, the Montgomery County Executive is authorized and directed to enter into contracts for the following for a term of January 1, 2023 – December 31, 2023 at no cost to Montgomery County:

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing the County Executive to sign agreements for services approved for use in 2023


II. Justification:

The Department is mandated to contract with state approved agencies to provide needed services to the County’s aging population.


III. Legislative Impact:

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


IV. Financial Impact:

Agreements are for services for which DSS does not pay. We are contracting to facilitate program use for our clients who are Medicaid eligible.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 258 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING 2022 OPERATING BUDGET - CHILDREN WITH SPECIAL HEALTH CARE NEEDS GRANT (CSHCN) AWARD FUNDS  (PUBLIC HEALTH)


Resolution by Legislator: Wilson
Seconded by: Dimond

WHEREAS, the Montgomery County Legislature passed Resolution 31 of 2021 accepting Children with Special Health Care Needs (CSHCN) grant funds; and

WHEREAS, said grant funding for the period of October 1, 2022 through September 30, 2023 is currently appropriated in the 2022 Operating Budget; and

WHEREAS, the funding award for the 2022-23 CSHCN Grant has increased, as well as the requirement to have a staff member focused 50% of time on this program, in order to utilize this additional funding.

RESOLVED, that the Mongtomery County Legislature hereby establishes the Public Health Social Work Assistant position, with a base salary of $44,372 a Grade I, CSEA;

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

INCREASE REVENUES:    
A-16-4-3401-04 Public Health Grant - CSHCN Grant $33,404.00
     
INCREASE APPROPRIATIONS:    
A-16-4010-04-.1110 (New) Public Health Social Work Assistant $33,404.00

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funds will be accepted as per grant contract via NYS DOH.


II. Justification:

Funds need to be apprvoed in order to be received and utilized per grant.


III. Legislative Impact:

Purusant to Article 2 of the Charter, the Montgomery County Legislature has the authority to accept grant funds and make approrpiations.


IV. Financial Impact:

No financial impact, position will be 100% grant funded, all expenses offset by grant revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 259 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN ADDENDUM TO THE NORTHWOODS CONSULTING INC – TRAVERSE DESKTOP AND MOBILE SUITE CONTRACT (SOCIAL SERVICES)


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

WHEREAS, it has been recommended by the Commissioner of Social Services that the existing Traverse contract with Northwoods Consulting Inc authorized by Resolution 203 of 2020 be amended due to a new policy on multi-factor authentication (MFA) issued by the state; and

WHEREAS, Northwoods has integrated Traverse with single sign-on (SSO), which enables MFA: (1) to use the state’s MFA tool or (2) to set up an agency-operated MFA tool; and

WHEREAS, Northwoods has provided a 10% discount to all customers who sign a contract for the addition of SSO by December 31, 2022; and

WHEREAS, the Department wishes to add an addendum to the existing agreement with Northwoods to include subscription and professional services associated with Northwoods enabling Traverse SSO within Montgomery County’s existing Traverse environment.

RESOLVED, the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes, and directs the County Executive to sign and execute an addendum with Northwoods Consulting Inc. to the already fully executed agreement for the term of April 1, 2021 through March 31, 2024, in the amount not to exceed $9,915.50 for the term of November 1, 2022 through March 31, 2024.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Northwoods quote

Statement of Legislative and Financial Impact:

I. Nature of Request:

Addendum to the existing Traverse contract with Northwoods Consulting Inc. to integrate Traverse with SSO to enable MFA.


II. Justification:

The state has a new policy on multi-factor authentication, which requires us to update our existing software.


III. Legislative Impact:

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


IV. Financial Impact:

This addendum is for $9,915.00 for the term of November 1, 2022 through March 31, 2024.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 260 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2022) A LOCAL LAW ESTABLISHING A TRAFFIC DIVERSION PROGRAM WITHIN THE COUNTY OF MONTGOMERY, NEW YORK


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, the County of Montgomery enacts from time-to-time local laws, whereby to regulate and administer governance in the County of Montgomery, New York; and

WHEREAS, the Montgomery County District Attorney has made presentations to the County Legislature, as well as the appropriate standing Committees thereof, regarding the creation of a Traffic Diversion Program; and

WHEREAS, the processing of Uniform Traffic Tickets places a significant burden upon the resources of the local criminal courts and the Office of Montgomery County District Attorney; and

WHEREAS, the financial burdens imposed by the New York State Deartment of Motor Vehicles and the insurance carriers permitted to operate within the State of New York present to motorists convicted of Vehicle and Traffic offenses an ever increasing concern; and

WHEREAS, New York State's District Attorneys have great discretion in the disposition of Vehicle and Traffic offenses within the jurisdiction they serve; and

WHEREAS, the Legislature well deems it appropriate to enact a Traffic Diversion Program to ensure the efficient, fair and uniform administrative processing of Uniform Traffic Tickets and serving the ends of justice within Montgomery County, New York; and

NOW THEREFORE

Be it enacted by the County Legislature of the County of Montgomery as follows:

SECTION 1:  LEGISLATIVE INTENT 

It is the intent of this Local Law to establish a Traffic Diversion Program for persons determined by the District Attorney, in the exercise of the inherent discretion of that office, to be appropriate for such diversion services as a component and condition of a settlement of traffic infraction matters pending before a local criminal court in the County of Montgomery.  The costs associated with this program are to be borne by the person so enrolled in amounts set forth in a schedule of fees reference by this local law. 

SECTION 2:  DEFINITIONS

 1.  “Clerk of the Legislature” shall mean the Clerk of the Legislature in and for the County of Montgomery New York, as defined in the Charter of Montgomery County, New York.

2.   “County Executive” shall mean the County Executive in and for the County of Montgomery, New York, as defined in the Local Laws of Montgomery County, New York, that created said position.

 3.  “County Treasurer” shall mean the County Treasurer in and for the County of Montgomery, New York, as defined in the Charter of Montgomery County, New York.

 4.  “District Attorney” shall mean the District Attorney in and for the County of Montgomery, New York, as defined in the Charter of Montgomery County, New York, and those duly authorized agents empowered to act on behalf of the District Attorney.

5.   “Driver Diversion Services” shall mean instructive materials and / or classes as generally recognized in the safe driving of motor vehicles, as defined under New York State Vehicle and Traffic Law (VTL), or any successor thereto, for the protection of drivers, passengers and the public at-large.

 6.  “Eligible Motorist” shall mean a motorist who has been charged in a Local Criminal Court within the geographical jurisdiction of the County of Montgomery who has voluntarily applied for and been approved to participate in Driver Diversion Services.

 7.  “Public Safety Committee” shall mean the standing committee of the Montgomery County Legislature bearing the name Public Safety Committee of the Montgomery County Legislature.

 8. “Local Criminal Court” shall mean a local criminal court, as that term is defined under New York Criminal Procedure Law, § 10.10, or any successor thereto.

 9.  “Traffic Diversion Program Administrator” shall mean the Administrator of the Traffic Diversion Program, as defined herein who shall be a management / exempt employee appoint by and serving at the pleasure of the District Attorney empowered to administer the Traffic Diversion Program as established by this law.

 10.  “Uniform Traffic Ticket” shall mean a simplified traffic information, as defined by New York Criminal Procedure Law, § 100.10 (2) (a), or any successor thereto.

SECTION 3:  ESTABLISHMENT OF TRAFFIC DIVERSION PROGRAM

In order to effectuate “the government, protection, order, conduct, safety, health and well-being of persons and property” (New York Home Rule Law, § 10 [12]) within the County of Montgomery, the Montgomery County Legislature establishes a Traffic Diversion Program (hereinafter referred to as the “Program”), for any and all persons determined by the District Attorney to be eligible to participate Driver Diversion Services, as set forth herein.

SECTION 4:  TRAFFIC DIVERSION PROGRAM

 1. Program:

 Upon referral into the Program, which program shall be in accordance with the lawful discretion of the District Attorney by means of an application process promulgated by the District Attorney and where such records shall be maintained in accordance with New York County Law, § 700 (7), an Eligible Motorist will be given thirty (30) days to complete a traffic safety course approved by the New York State Department of Motor Vehicles and the District Attorney's Office. This course may be completed in a traditional classroom setting or online.  After the motorist successfully completes the course, [s]he must provide a “Certificate of Completion”  in accordance with the program guidelines. 

The Program’s Application fees will be established in a Fee Schedule and shall be available on the District Attorney Webpage. The procedures for a motorist applying for participation in the Program will be developed by the Office of the District Attorney, published in both hardcopy and upon the District Attorney Webpage, and implemented by the Program Administrator.

SECTION 5:  EFFECTIVE DATE

This Local Law shall take effect upon filing in the Office of the New York State Secretary of State as provided by Section 27 of the Municipal Home Rule Law.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Traffic Diversion Program

Statement of Legislative and Financial Impact:

I. Nature of Request:

ADOPT INTRODUCTORY LOCAL LAW ESTABLISHING A TRAFFIC DIVERSION PROGRAM WITHIN THE COUNTY OF MONTGOMERY, NEW YORK


II. Justification:

TO ESTABLISH A PROGRAM TO ENSURE THE EFFICIENT, FAIR AND UNIFORM ADMINISTRATIVE PROCESSING OF UNIFORM TRAFFIC TICKETS AND SERVING THE ENDS OF JUSTICE WITHIN MONTGOMERY COUNTY.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter


IV. Financial Impact:

The cost of this program are to be borne by the drivers receiving tickets that request reductions.  Accommodations will be made for indigent applicants.

The County will receive a portion of the fees collected under this program as revenue.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 261 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION APPROVING 2023 CAPITAL PROJECTS (FMCC)


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the project would involve replacement of fire alarm monitoring panels, exterior lighting, the repairs to staircases in O’Connell Hall; a paving engineering study, replacement of critical information technology infrastructure; and

 

WHEREAS, the College proposes completion of said project utilizing monies from New York State 50% Match Funds and the County Sponsors as follows:

 

NYS 50% Matching Funds                            $500,000.00

Sponsor Match - Fulton                                 $250,000.00

Sponsor Match - Montgomery                       $250,000.00

Total                                                             $1,000,000.00

 

RESOLVED, that the Montgomery County Legislature hereby approves the 2023 FMCC Capital Projects at a cost not to exceed $1,000,000; and

 

FURTHER RESOLVED, that this project will require $250,000 of matching funds from Montgomery County; and

 

FURTHER RESOLVED, this resolution is contingent upon the Montgomery County Legislature passing a resolution to fund these projects; and

 

FURTHER RESOLVED, that this resolution is contingent upon passage of a similar resolution by the Fulton County Board of Supervisors.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING 2023 CAPITAL PROJECTS


II. Justification:

Replace aged, worn out/outdated equipment, fixtures and equipment and prepare for future campus paving projects


III. Legislative Impact:

Authorized by Article 2 of the Montgomery County Charter.


IV. Financial Impact:

$250,000 of matching funds are required from Montgomery County



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 262 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENT - OFFICE SPACE - KCS LAND RESEARCH CORP (COUNTY CLERK)


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

WHEREAS, KCS Land Research Corporation have requested office space in Room 114 of the County Clerk's office building, 64 Broadway, Fonda, NY to use full time, to the extent 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.

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 the KCS Land Research Corporation for a total revenue of $1800 a year'; and

FURTHER RESOLVED, that said agreement shall be for the period of November 1, 2022 through October 31, 2023.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENT - OFFICE SPACE - KCS LAND RESEARCH CORP


II. Justification:

TO PROVIDE AUTHORIZATION OF LEASE WITH KCS LAND RESEARCH CORP


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:

$1800.00 PER YEAR WILL BE RECEIVED BY THE COUNTY AS REVENUE.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 263 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 232 OF 2022 - COUNTY LEGISLATURE


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS,  Resolution 232 of 2022 authorized use of $500,000 of American Rescue Funds to contract with UTC; and

WHEREAS, it is necessary to amend this resolution so that the amount authorized is $350,000.

NOW THERFORE BE IT RESOLVED that Resolution 232 of 2022 is amended to replace $500,000 with $350,000; and 

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

DECREASE REVENUES:    
A-06-4-4089-00 Federal Aid, Other $150,000
     
DECREASE APPROPRIATIONS:    
A-01-4-1011-00-.4438 Misc. Supporting Services $150,000

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING RESOLUTION 232 OF 2022


II. Justification:

It is necessary to amend the 500k in Resolution 232 of 2022 to 400k.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Will make more ARPA funds available.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 264 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION GRANTING $72,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FORT PLAIN SENIOR CENTER FOR KITCHEN RENOVATIONS (LEGISLATURE)


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

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 Fort Plain Senior Center, 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 Fort Plain Senior Center, in the amount of $72,000 for kitchen renovations; 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:

INCREASE REVENUES:    
A-6-3-4089-00 Federal Aid, Other $72,000
     
INCREASE APPROPRIATIONS:    
A-24-4-6430-00-.4438  Misc. Supporting Services $72,000

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION GRANTING 72K OF AMERICAN RESCUE PLAN FUNDS TO THE FORT PLAIN SENIOR CENTER FOR A NEW ROOF  (LEGISLATURE)


II. Justification:

Montgomery County received American Rescue Plan funds


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter and further authorized by the parameters of the use of the American Rescue Plan Funds.


IV. Financial Impact:

The funds used for this grant will be American Rescue Plan Funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 265 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION GRANTING $150,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FRIENDS OF THE SANFORD STUD FARM (COUNTY LEGISLATURE) 


Resolution by Legislator: Pepe
Seconded by: Wilson

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 Friends of the Sanford Farm for infrastructure improvements to the historic Sanford Stud Farm 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 Friends of the Sanford Stud Farm for infrastructure improvements to the historic Sanford Farm in the amount of $150,000; 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:

INCREASE REVENUES:    
A-6-3-4089-00 Federal Aid, Other $150,000
     
INCREASE APPROPRIATIONS:    
A-24-4-6430-00-.4438  Misc. Supporting Services $150,000

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION GRANTING $150,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FRIENDS OF THE SANFORD STUD FARM (COUNTY LEGISLATURE)


II. Justification:

American Rescue Plan funds County were awarded to Montgomery


III. Legislative Impact:

 

 

Authorized pursuant to Article 2 of the Montgomery County Charter and further authorized by the parameters of the use of the American Rescue Plan Funds.


IV. Financial Impact:

 

 

The funds used for this grant will be American Rescue Plan Funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 266 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION GRANTING $50,000 OF AMERICAN RESCUE PLAN FUNDS TO THE VILLAGE OF FONDA FOR A NEW SIDEWALK (COUNTY LEGISLATURE)


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

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 Village of Fonda for a new sidewalk 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 Village of Fonda, in the amount of $50,000 for a new sidewalk; 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:

INCREASE REVENUES:    
A-6-3-4089-00 Federal Aid, Other $50,000
     
INCREASE APPROPRIATIONS:    
A-24-4-6430-00-.4438  Misc. Supporting Services $50,000

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION GRANTING $50,000 OF AMERICAN RESCUE PLAN FUNDS TO THE VILLAGE OF FONDA FOR A NEW SIDEWALK(COUNTY LEGISLATURE)


II. Justification:

American Rescue Plan funds County were awarded to Montgomery


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter and further authorized by the parameters of the use of the American Rescue Plan Funds.


IV. Financial Impact:

The funds used for this grant will be American Rescue Plan Funds.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 267 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION DENYING APPLICATIONS FOR REFUNDS OF TAXES FOR 2021 & 2022 (REAL PROPERTY)


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, a proprty owner has filed an application for a partial refund for the 2021 & 2022 Town and County tax bills with the Director of Real Property alleging errors on the 2021 & 2022 tax rolls; and

WHEREAS, the Director of Real Property has investigated and filed reports disagreeing with these claims, pursuant to the Real Property Tax Law; and

WHEREAS, the Montgomery County Legislature hereby denies the the application for correction of the 2021 & 2022 Town & County tax rolls as follows:

Lynn M. Stever & Floyd S. Stever
176 Linter Road
St. Johnsvile, NY 13452
SBLs: 3.-3-3 & 3.-3-4.1

Denied- no proper procedure was followed by the owner or the Asessor to warrant the correction of the alleged errors to the tax rolls.

FURTHER RESOLVED, that the application shall be marked "denied"; and

FURTHER RESOLVED, that the said Director of Real Property is hereby directed to mail the denied application to the applicant

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Application for Refund or Credit of Real Property Taxes

Statement of Legislative and Financial Impact:

I. Nature of Request:

Denying application for partial refund for the 2021 & 2022 Town & County tax bills


II. Justification:

All denials of applications for corrections by the DIrector of Real Property are subject Legislative review pursuant to Resolution 4 of 2022  


III. Legislative Impact:

The Director of Real Property is recommending denying the application, making it subject to Legilative review


IV. Financial Impact:

N/A if application is denied



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 268 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Dimond

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 October 26, 2022 through November 22, 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(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)



Statement of Audited Claims - November 2022

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 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.


IV. Financial Impact:

no impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 269 of 2022

DATED: November 22, 2022

RECOMMENDATION:
     

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED NOVEMBER 22, 2022, AUTHORIZING THE REMAINING DEMOLITION OF THE BEECH NUT SITE WITHIN THE COUNTY, ESTIMATING THE AGGREGATE COST THEREOF TO BE $4,300,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,300,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES.


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, the County Legislature has heretofore approved funding for the remaining demolition of theBeech Nut site within the County (the “Project”); 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 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 financing of the Project. The maximum aggregate cost of the above Project, is hereby estimated to be $4,300,000.00, which shall initially be paid from the issuance of $4,300,000.00 serial bonds to finance such costs.

SECTION 2

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes is ten (10) years pursuant to Section 11.00(a)(12-a)(b) of the Law.

SECTION 3
The plan of financing includes the issuance of $4,300,000.00 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 shall take effect immediately.

RESOLUTION VOTE, passed with Aye(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorization to issue bonds to fund the demolition of the former Beech Nut facility.


II. Justification:

Funding to demolish Exit 29 site (former Beech Nut facility) for future marketing and development of site.


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 over the next ten (10) years.



cc: County Clerk
County Treasurer