Chair Brian D. Sweet  has called a meeting of the Public Safety Committee for 6:03 p.m. on Tuesday, February 21, 2023 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068.  

This meeting is in person, however, members of the public may participate by calling 1-408-650-3123, Access Code: 155-310-141. Minutes of the meeting will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us

  Items on the agenda, at this time, are as follows:

1.  DISCUSSION

     A. Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee 

2.  RESOLUTION AMENDING THE 2023 OPERATING BUDGET TO ESTABLISH THE POSITION OF ASSISTANT DIRECTOR OF EMERGENCY MANAGEMENT (PT) (EMERGENCY MANAGEMENT)

3.  RESOLUTION AMENDING THE 2023 BUDGET FOR THE OFFICE OF EMERGENCY MANAGEMENT AND ESTABLISHING VARIOUS SALARIES WITHIN (EMERGENCY MANAGEMENT)

4. RESOLUTION AMENDING RESOLUTION 102 OF 2010 (ASSIGNED COUNSEL)

5. RESOLUTION AMENDING THE 2023 OPERATING BUDGET - GIFTS AND DONATIONS (SHERIFF)

6. RESOLUTION AMENDING 2023 OPERATING BUDGET – CARRY OVER GRANT NYS OFFICE OF HOMELAND SECURITY (SICG) 2020 GRANT (SHERIFF)

7. RESOLUTION AMENDING 2023 OPERATING BUDGET – CARRY OVER GRANT NYS OFFICE OF HOMELAND SECURITY (PSAP) 2021-2022 GRANT (SHERIFF)

8. RESOLUTION AMENDING 2023 OPERATING BUDGET – CARRY OVER THE FY2022 DOMESTIC TERRORISM PREVENTION GRANT PROGRAM  (SHERIFF)

9. RESOLUTION UTILIZING GRANT FUNDS FROM THE FY 2022 COPS TECHNOLOGY AND EQUIPMENT PROGRAM INVITATIONAL SOLICITATION GRANT PROGRAM  AND AMENDING THE 2023 OPERATING BUDGET (SHERIFF) 

10. RESOLUTION AMENDING THE 2023 OPERATING BUDGET - CARRY-OVER FUNDS (EMERGENCY MANAGEMENT)

11. RESOLUTION AMENDING 2023 OPERATING BUDGET  (DISTRICT ATTORNEY)

12. OTHER

RESOLUTION NO. 57 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Director of Emergency Management has evaluated the need of the Department and determined that there is a need to reorganize the Department; and

WHEREAS, the Director of Emergency Management met with the Personnel Officer and based on the needs of the department coupled with the duties requested, it has been determined that the position of Assistant Director of Emergency Management (PT) is appropriate; and

WHEREAS, the position has responsibility for assisting the Director and Deputy Director of Emergency Management in planning and supervising the County’s programs in fire training, disaster preparedness and related activities; and

WHEREAS, position will have a base salary of $20,000 and will be allocated to Group Q in the Non-Bargaining Policy using existing 2023 funds.

RESOLVED, that the Legislature hereby adopts the position of Assistant Director of Emergency Management (PT) with a base salary of $20,000 allocated to Group Q in the Non-Bargaining Policy; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 58 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, it has been determined that the budget for the Office of Emergency Management is in need of amendments to appropriately fund positions and lines within the Office; and

WHEREAS, various positions are being paid out of the same lines and are not adequately funded.

WHEREAS, the 2023 budget funded the following salary increases

WHEREAS, the Director of Emergency Management also requests an additional salary increase of $5,000.00 for the Deputy Emergency Management Coordinator (PT) establishing the base salary at $25,000.00, Group Q of the Non-Bargaining Policy; and

WHEREAS, the Director of Emergency Management requests the amendments be made within the approved budget.

RESOLVED, the Montgomery County Legislature hereby authorizes the Treasurer to amend the 2023 operating budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 59 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution 102 of 2010 established policies related to assigned counsel in Montgomery County; and 

WHEREAS, due to increased competition in the legal field to recruit assigned counsel, the Assigned Counsel Administrator is recommending that provisions that prohibit mileage and travel reimbursement be rescinded; and 

WHEREAS, doing this is anticipated to help with recruitment for the assigned counsel panel. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby amends Resolution 102 of 2010 by STRIKING the following FURTHER RESOLVED clauses:

FURTHER RESOLVED, that Montgomery County will not reimburse assigned counsel attorneys for mileage, and

FURTHER RESOLVED, that Montgomery County will not pay travel time to assigned counsel attorneys.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

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RESOLUTION NO. 60 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, the Sheriff has received donations from Fort Plain Central School and Fonda-Fultonville Central School.  These donations are supplied for use by the Sheriff's Office to benefit the DARE Program; and

WHEREAS, gifts and donations have been made to the Sheriff’s Office to supplement already budgeted money to completely cover the cost of listed appropriations.

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 61 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution No. 276 of 2021 accepted a State Homeland Security Grant State Interoperable Communications Grant (SICG); and

WHEREAS, said funds need to be appropriated in the 2023 Operating Budget.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 62 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution No. 251 of 2022 accepted a State Homeland Security Grant Public Safety Answering Point (PSAP); and

WHEREAS, said funds need to be appropriated in the 2023 Operating Budget.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 63 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, Resolution No. 207 of 2022 accepted a DHSES Grant; and

WHEREAS, said funds need to be appropriated in the 2023 Operating Budget.

RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows: 

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 64 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS,  the Sheriff's Office has been awarded the FY2022 COPS Technology and Equipment Program Invitational Solicitation Grant Program funds to assist in law enforcement operations throughout Montgomery County; and

WHEREAS, the Sheriff's Office has been notified that Montgomery County has been awarded $25,000.00, with no County match, to assist in law enforcement operations throughout Montgomery County.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney to sign the agreement for FY2022 COPS Technology and Equipment Program Invitational Solicitation Grant Program.

FURTHER RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows: 

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

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RESOLUTION NO. 65 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, there are unexpected insurance recovery funds available for carry-over in the 2022 Emergency Mangement Budget; and 

WHEREAS, funds from said grant monies are needed to purchase equipment damaged during the November 4, 2021 Hazmat spill at 140 Flanders Rd., Sprakers.

RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 66 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS, several pending criminal cases and trials were adjourned from the year 2022 to the year 2023 which will require added expenses unforseen in preparing budget requests for 2023. 

RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2023 Operating Budget as follows:

RESOLUTION VOTE, was defeated with Aye(4). Legislators Kelly, Allen and Headwell, Jr. voted Nay. Legislators VACANT and Pepe were absent. (2/28/2023)

MOTION TO RECONSIDER by Legislator Kelly, seconded by Legislator Sweet, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

RESOLUTION VOTE, was defeated with Aye(5). Legislator Headwell, Jr. voted Nay. Legislator Allen abstained. Legislators VACANT and Pepe were absent. (2/28/2023)

MOTION TO RECONSIDER by Legislator Pepe, seconded by Legislator Kowalczyk, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

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RESOLUTION NO. 67 of 2023 DATED: February 28, 2023 RECOMMENDATION:

WHEREAS,  under the provisions of Article 30 of the NYS Health Law counties are permitted to establish and operate an ambulance service; and

WHEREAS, the County of Montgomery has determined that it is necessary and appropriate and in the best interest of the public safety and welfare to obtain a Municipal  certificate of need to Establish an Operating Authority, in connection with the provision of Ambulance Services for the residents of Montgomery County, NY pursuant to General Municipal Law Section 122-b and;

WHEREAS, the Montgomery County Legislature has determined that this establishing and operating an ambulance service will benefit Montgomery County residents; and

WHEREAS, the coverage of Emergency Medical Services (EMS) Ambulance Service will encompass the entire geographic area within the borders of Montgomery County, NY; 

RESOLVED, that the Montgomery County Legislature hereby determines it is necessary and appropriate and in the best interest of the public safety and welfare to establish, contract for and/or operate an ambulance service in Montgomery County; and

FURTHER RESOLVED,  the boundaries for the service shall encompass the entire geographic area within the borders of Montgomery County; and 

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes the Montgomery County Executive to execute any all documents necessary to obtain a Municipal Certificate of Need to establish an Ambulance Service Operating Authority for Montgomery County, N.Y. and file them with the appropriate authorities.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

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