RESOLUTION NO. 58 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, an application (RP-556) has been filed for a correction to the 2024 County and Town Tax Roll for the Town of Charleston, pursuant to Section 556 of the Real Property Tax Law, with the Real Property Director, alleging an error on the 2024 Tax Roll:

Parcel 135.-1-22 , owned by Joshua and Alicia Mahler was charged with a school relevy due to an error by the Schoharie Central School District; and

WHEREAS, said Director has investigated and filed reports, pursuant to said law; and

WHEREAS, the Montgomery County Legislature has reviewed the Real Property Director's reports and application; and

WHEREAS, the Montgomery County Legislature finds that there was an error, shown as Clerical Error, that is applicable in the application for correction; and

WHEREAS, Resolution 6 of 2024 allows the Auditor to sign corrections that do not exceed $2,500, and any corrections in excess of that amount must be determined by the Legislature;

RESOLVED, that the tax levying body hereby is authorized to and directed to approve said application by making notations on the original application and the duplicate, and by entering the corrected extension of taxes; and

RESOLVED, that said Director of Real Property is also authorized to and directed to make an order setting forth the corrected taxes, and directing the officer having jurisdiction over the tax roll to correct the roll, and to affix the order and approved apllications to the tax roll and the warrants, per Section 556 of the Real Property Tax Law, such annexed applications and warrants becoming part of such rolls; and

RESOLVED, that the Director of Real Property shall immediately submit to the officers having jurisdiction over the tax rolls, and above order, all applications; and

RESOLVED, that the Director of Real Property shall mail notices of approval of the applications' to the applicants and the Auditor shall submit a monthly report, setting forth all corrections and/or refunds processed, to the Legislature; and

RESOLVED, that, provided the applications were filed pursuant to Paragraph 10 of Section 556 of the Real Property Tax Law, the applicants shall have 8 days from the date of mailing of the notice of approval, to pay such corrected taxes due, if any, without interest; and

RESOLVED, that said officers having charge of the tax rolls are hereby ordered and directed to immediately collect the correct tax; and

FURTHER RESOLVED, that the Treasurer is directed to charge any taxes deleted from the current roll, by this resolution, wherever appropriate, against the account of the respective property taxing jurisdiction in the next ensuing tax levy; and

FURTHER RESOLVED, that the Treasurer is directed to notify the appropriate districts, prior to May 1, 2024 of any levy cancelled by this resolution that will be charged back on the ensuing tax roll.

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

I. Nature of Request:

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IV. Financial Impact:

RESOLUTION NO. 59 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, an application (RP-554) has been filed for a correction to the 2024 Town and County Tax Roll for the Town of Amsterdam, pursuant to Section 554 of the Real Property Tax Law, with the Director of Real Property, alleging an error on the 2024 Tax Roll:

Parcel 22.-3-19.2, owned by James Simek, Susan Simek and Joshua Hohler was assessed for a Solar Operation that is not on this parcel; and

WHEREAS, said Director of Real Property has investigated and filed reports, pursuant to said law; and

WHEREAS, the Montgomery County Legislature has reviewed the Real Property Director's reports and application; and

WHEREAS, the Montgomery County Legislature finds that there was an error, shown as an Error In Essential Fact, that is applicable in the application for correction; and

WHEREAS, Resolution 6 of 2024 allows the Montgomery County Auditor to sign corrections that do not exceed $2,500, and any corrections in excess of that amount must be determined by the Montgomery County Legislature

RESOLVED, that the tax levying body hereby is authorized to and directed to approve said application by making notations on the original application and the duplicate, and by entering the corrected extension of taxes; and

RESOLVED, that the said Director of Real Property is also authorized to and directed to make an order setting forth the corrected taxes, and directing the officer having jurisdiction over the tax roll to correct the roll, and to affix the order and approved applications to the tax roll and the warrants, per Section 554 of the Real Property Tax Law, such annexed applications and warrants becoming part of such rolls; and

RESOLVED, that the Director of Real Property shall immediately submit to the officers having jurisdiction over the tax rolls, and above order, all applications; and

RESOLVED, that the said Director of Real Property shall mail notices of approval of the applications to the applicants and the Auditor shall submit a monthly report , setting forth all corrections and/or refunds processed, to the Legislature; and

RESOLVED, that, provided the applications were filed pursuant to Paragraph 7A of 554 of the Real Property Tax Law, the applicants will have 8 days from the date of mailing of the notice of approval, to pay such corrected taxes due, if any, without interest; and

RESOLVED, that said officers having charge of the tax rolls are hereby ordered and directed to immediately collect the correct tax; and

FURTHER RESOLVED, that the Montgomery County Treasurer is directed to charge any taxes deleted from the current roll, by this resolution, wherever appropriate, against the account of the respective property taxing jurisdiction in the next ensuing tax levy; and

FURTHER RESOLVED, that the Treasurer is directed to notify the appropriate districts prior to May 1, 2024 of any levy cancelled by this resolution that will be charged back on the ensuing tax roll.  

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 60 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, An application (RP-554) has been filed for correction to the 2024 Town and County Tax Roll for the Town of Canajoharie, pursuant to Section 554 of the Real Property Tax Law, with the Real Property Director, alleging an error on the 2024 Tax Roll.

Parcel 98.-1-9.1 owned by Henry and Judy L. Cauwenburghs is on the tax roll in error (said parcel does not exist). 

WHEREAS, said Director has investigated and filed reports, pursuant to said law; and 

WHEREAS, the Montgomery County Legislature has reviewed the Real Property Tax Director's reports and application; and

WHEREAS, the Montgomery County Legislature finds that there was an error, shown as a Clerical Error, which is applicable in the application for correction.

WHEREAS, Resolution 6 of 2024 allows the Auditor to sign corrections that do not exceed $2,500.00 and any corrections in excess of that amount must be determined by the Legislature.

RESOLVED, that the tax levying body hereby is authorized and directed to approve said application by making notations on the original application and duplicate, and by entering the corrected extension of taxes; and

RESOLVED, that said Director of Real Property is also authorized to and directed to make an order setting forth the corrected taxes, and directing the officer having jurisdiction over the tax roll to correct the roll, and to affix the order and approved applications to the tax roll and the warrants, per Section 554 of the Real Property Tax Law, such annexed applications and warrants becoming part of such rolls; and

RESOLVED, that the Director of Real Property shall immediately submit to the officers having jurisdiction over the rolls, and above order, all applications; and 

RESOLVED, that the Director of Real Property shall mail notices of approval of the application to the applicants and the Auditor shall submit a monthly report setting forth all corrections and/or refunds processed, to the Legislature; and

RESOLVED, that, provided the applications were filed pursuant to Paragraph 7A of Section 554 of the Real Property Tax Law, the applicants shall have 8 days, from the date of mailing the notice of approval, to pay any corrected taxes, without interest; and

RESOLVED, the said officers having charge of the tax rolls are hereby ordered and directed to immediately collect the correct tax, if any; and

FURTHER RESOLVED, that the Treasurer is directed to charge any taxes deleted from the current roll, by this resolution, wherever appropriate, against the account of the respective property's taxing jurisdiction for the inclusion in the next ensuing tax levy; and

FURTHER RESOLVED, that the Treasurer is directed to notify the appropriate districts, prior to May 1, 2024 of any levy cancelled by this resolution that will be charged back on the ensuing tax roll. 

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 61 of 2024 DATED: February 27, 2024 RECOMMENDATION:

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

WHEREAS, the County Auditor has audited claims for the period of December 28, 2023 through February 27, 2024 and the County Auditor recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

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

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 62 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Resolution 243 of 2023 approved  the renewal of the Delta Dental Contract for 2024; and

WHEREAS, there was a typographical error in the body of the resolution as it relates to the term of the contract; and

WHEREAS, the term of the contract should reflect 1/1/2024 through 12/31/2025; and

RESOLVED, that Resolution 243 of 2023 is amended in its entirety to correct the term of the contract to be from 1/1/2024-12/31/2025

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 63 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, forfeiture money from several criminal cases in the amount of $5,381.52 have been deposited with the Montgomery County Treasurer and placed in Revenue Line .2626 (Forfeiture Crime Proceeds - Restricted), and

WHEREAS, said forfeiture funds are to be used to purchase equipment, pay for training and provide funds for travel related to extradition of defendants for various law enforcement agencies throughout Montgomery County, it is

RESOLVED, that the Montgomery County Treasurer is hereby authorized to amend the 2024 Operating Budget as follows:

INCREASE REVENUES:

INCREASE EXPENDITURES:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 64 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Article 13-A, Section 261, of NYS Executive Law requires certain appointments to be made to the Montgomery County Criminal Justice Coordinating Council; and

WHEREAS, additional members beyond the specified appointments within the Executive Law are encouraged by the New York State Division of Criminal Justice Services; and

WHEREAS, the representative of private organization operating within the county who has experience and involvement in alternatives to incarceration programs or pre-trial service programs, an ex-offender, and a crime victim shall be designated by the Montgomery County Executive; and

WHEREAS, it is recommended that the Council be updated by resolution annually to reflect the people who are currently in each designated position.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby confirms that the 2023 Council shall consist of the following:

(Additional Members)

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 65 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the District Attorney's Office received grant funding pursuant to the Criminal Justice Discovery Reform Grant; and

WHEREAS, the terms of the grant allocates a portion of the grant to local law enforcement agencies; and

WHEREAS, said grant funding has been received and deposited into the Appropriated Fund Balance; and

WHEREAS, the following amount was allocated to Amsterdam Police Department:

$3,000.00

RESOLVED, the County Treasurer is hereby authorized to amend the 2024 Operating Budget as follows:

INCREASE:

INCREASE APPROPRIATIONS:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 66 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, there have been litigations related to drug overcharges regarding insulin's and other diabetic medications, and

WHEREAS, many, if not the majority of Counties in New York like the County of Montgomery “self-insure,” meaning that they themselves pay the costs of workers compensation, health insurance and pharmaceuticals for their employees, dependents and retirees, and

WHEREAS, because the County of Montgomery directly purchases, indirectly reimburses for, or otherwise pays for the drugs at issue, the Montgomery County Legislature wishes to recover damages from wrongful price fixing, market division, and other antitrust violations.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislatures authorizes Montgomery County joining the other counties of New York in civil litigation alleging price fixing, market division, and other antitrust violations and any other related causes of action, including causes of action incurred at the Montgomery County Jail related to insulin's and other diabetic medications, and be it further

RESOLVED, that upon review and approval of the County Attorney, Montgomery County authorizes and directs the Montgomery County Executive to enter into an agreement with Napoli Shkolnik PLLC. to effectuate this resolution in connection with working with the County Attorney to investigate and bring an action against manufacturers related to drug overcharges related to insulin's and other diabetic medications at no fee or cost to Montgomery County unless a monetary recovery acceptable to Montgomery County is obtained by Napoli Shkolnik PLLC. , in which case the maximum contingent attorneys' fees shall be a twenty-five percent gross fee with costs  .

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 67 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, it is necessary to hire a company to run general auctions for Montgomery County; and 

WHEREAS, Montgomery County issued a Request for Proposals in 2023 for auctioning; and

WHEREAS, the Montgomery County Legislature wishes to award the contract to Collar City as the lowest, responsible, responsive bidder.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is hereby directed to sign a contract with Collar City for a term of five years to run the auctioning services for Montgomery County

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 68 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, pursuant to §10.03 of the Montgomery County Charter there shall be a Public Health Director who meets the combination of education and experience deemed appropriate by the State Commissioner of Health, who shall be appointed by the County Executive, subject to confirmation by the County Legislature; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees and confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature.

RESOLVED, that the Montgomery County Legislature approves and confirms the appointment of Sara Boerenko as Public Health Director with the powers and duties set forth under §10.04 of the Montgomery County Charter, for a term of 6 years from April 24, 2023- April 23, 2029  and

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Sara Boerenko as Public Health Director for any acts or omissions while acting within the scope of her duties as Public Health Director.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 69 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management: and

WHEREAS, said agreement calls for Montgomery County to provide post closure services and bill other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage treatment plant, and the Montgomery County Sanitary District No.1 operates such plant: and

WHEREAS, the Montgomery County Sanitary District No.1 did an upgrade at their wastewater treatment plant in 2018 that allows for the acceptance, treatment and disposal of the leachate generated by landfills; and

WHEREAS, the current contract with Montgomery County Sanitary District No.1 which sets forth the provisions for the acceptance of the leachate generated by the landfills for treatment (herein after referred to as the "leachate agreement") needs to be renewed; and

WHEREAS, the Montgomery County Sanitary District No.1 is a department of Montgomery County; and

WHEREAS, Montgomery County and Montgomery County Sanitary District No.1 will both benefit from the Leachate Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, to sign the Leachate Agreement, which is an agreement for leachate disposal, with the Montgomery County Sanitary District No.1 expiring on December 31, 2024 at a rate of 0.030 cents per gallon up to two (2) million gallons, and 0.0225 cents per gallon after.

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 70 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the Hudson Mohawk Resource Conservation and Development Council is an independent nonprofit group that provides local leadership required for development and carrying out a plan for the orderly development, improvement, conservation and wise use of the natural resources thereby improving the economic opportunities of the people within the Hudson Mohawk Resource Conservation and Development Area consisting of Albany, Columbia, Greene, Montgomery, Rensselear and Schenectady counties; and

WHEREAS, membership of the Hudson Mohawk Resource Conservation and Development Council shall consist of one representative from the County Legislature or Board of Supervisors of each of the six counties along with two representatives appointed by the Soil and Water Conservation District from each of the six counties with a member at large elected by a simple majority of the Council members present; and

WHEREAS, membership on the Hudson Mohawk Resource Conservation and Development Council shall continue until a replacement is appointed; and

WHEREAS, all members must be in attendance of four meetings a year and failure to do so will result in a letter to the appointing authority requesting another representative; and

WHEREAS, the County Executive has appointed Legislator Martin Kelly to be the representative on the Hudson Mohawk Resource Conservation and Development Council; and

WHEREAS, this appointment has undergone committee review.

RESOLVED, the Montgomery County Legislature hereby confirms the appointment of Legislator Martin Kelly made by the County Executive to the Hudson Mohawk Resource Conservation and Development Council for a term of January 1, 2024 to December 31, 2024

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 71 of 2024 DATED: February 27, 2024 RECOMMENDATION:

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

WHEREAS, the Montgomery County Economic Development and Planning Office (the County's Tourism Promotion Agency) applied for the New York State - "I Love New York" funds for the 2024 tourism year; and

WHEREAS, a total of $48,900 in funds for this program were adopted in the 2024 Operating Budget; and

WHEREAS, the Montgomery County Economic Development & Planning Office (the County’s Tourism Promotion Agency) was awarded a grant in the amount of $107,616 (projected local match of $53,808) for the County’s 2024 tourism and promotion programs; and;

WHEREAS, the increase in the amount awarded has caused for the Department to transfer funds to certain lines in the 2024 budget; and

RESOLVED,  that the Montgomery County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 72 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Local Law 2 of 2018 established a County Planning Board in Montgomery County; and

WHEREAS, the County Planning Board shall consist of nine (9) regular members and two (2) alternate members to be appointed by the Legislature; and

WHEREAS, the respective terms of the members of the Planning Board shall be commensurate with that of the Legislature.

RESOLVED, the Montgomery County Legislature hereby confirms the following appointments:

APPOINTEE                       ADDRESS                                                   REPRESENTING                TERM EXPIRATION

Angela Frederick           6711 Sthway 5s, Fort Plain, NY 13339               District #1                        12/31/2025

Mark Hoffman                2306 Hickory Hill Road, Fonda, NY 12068          District #2                        12/31/2025

Peter Lyden                    98 Otsego St. Canajoharie, NY  13317               District #3                        12/31/2025

David Weiner                139 Fox Street, Esperance, NY 12066                District #4                         12/31/2025

                                                                                                          District #5                         12/31/2025

Irene Collins                 322 Guy Park Ave., Amsterdam, NY 12010         District #6                         12/31/2025

Frank Szyjkowski          54 McNeir Ave., Amsterdam, NY 12010              District #7                         12/31/2025

Francis Maphia Jr         32 Phillips St., Amsterdam, NY 12010                District #8                         12/31/2025

Erin Covey                   PO Box 145, Hagaman, NY 12086                      District #9                          12/31/2025

Wayne De Mallie          10 Caroline Street, Amsterdam, NY 12010       Alternate Member                12/31/2025

Betty Sanders              163 Gerhartz Rd, Palatine Bridge, NY 13428   Alternate Member                 12/31/2025

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 73 of 2024 DATED: February 27, 2024 RECOMMENDATION:

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:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 74 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Resolution 78 of 2021, 29 of 2022 and 50 of 2023 authorized the County Executive to sign contracts with United States Environmental Protection Agency (EPA) to request funding in order to inventory, characterize, assess, and conduct cleanup, planning and community involvement related activities for brownfield sites along the Mohawk River in which Montgomery County was awarded and said funds were included in the 2022 and 2023 Operating Budget: and

 WHEREAS, the Department of Economic Development & Planning is assisting in implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2023, and

WHEREAS, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget to receive and provide for grant funding to allow for completion of the community Wide Hazardous Substances Assessment Grant.

INCREASE REVENUES: 

INCREASE APPROPRIATIONS:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 75 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Resolution 71 of 2022 and 54 of 2023 authorized the County Executive to sign a contract amendment up to $13,000 with the Mohawk Land Conservancy,  for the Farmland Protection Agriculture grant, which, has a significant role in the County’s economy, protection of the environment, open space and beauty; and

WHEREAS, the Department of Economic Development, Planning & Tourism is implementing and administering said grant on behalf of Montgomery County to complete said projects; and

 WHEREAS, to date, said funds were not completely expended as of December 31, 2023, and

WHEREAS, it is necessary to carry forward said funding in the 2024 Operating Budget to bring said project to fruition.

 RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget to provide for the Farmland Protection Grant and allow for completion of said projects.

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 76 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the County pursuant to Section 18-b of Transportation Law Statewide Mass Transportation Operating Assistance Program (STOA) is responsible for the local share of the quarterly mass transportation operating assistance service payments; and

WHEREAS, said payments will be provided to the Capital District Transportation Authority the County’s provider for mass transportation.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget as follows to allow for the additional receipt and disbursement of payment:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 77 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Resolutions 112, 118, 169, 191, 194, 196, 216, 221, 233, 235, 236, 264, 265 and 266 of 2022 and resolutions 55 and 71 of 2023 authorized the use of American Rescue funds for the purpose of assisting local non-profit organizations with a specific need and or improvement on particular projects designated as an allowable use of the American Rescue Funds and said funds were included in the 2023 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grants on behalf of Montgomery County to complete said projects; and

WHEREAS, to date, said funds were not completely expended as of December 31, 2023, and

WHEREAS, it is necessary to carry forward said funding in the 2024 Operating Budget to bring said projects to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget to provide for the American Rescue grant funding to allow for completion of said projects.

 INCREASE REVENUES: 

RESOLUTION VOTE, passed with Aye(6). Legislator Kelly abstained. Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 78 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Resolution 259 of 2023 authorized the County Executive to sign contracts with Homes and Community Renewal (NYSHCR) to request funding in order to assist local businesses that target start-up and expanding small businesses throughout the boundaries of Montgomery County in which Montgomery County was awarded and said funds were included in the 2023 Operating Budget; and authorize the County Executive to sign contracts with local businesses that were awarded the Microenterprise Grant; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2023; and

WHEREAS, it is necessary to carry forward said funding in the 2024 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget to receive and provide for grant funding to allow for completion of the Microenterprise grant.

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 79 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the New York State Department of State (NYSDOS) accepted applications through the Consolidated Funding Application (CFA) for projects that would further the goals and objectives of the Brownfield Opportunity Area (BOA) Program; and

WHEREAS, Montgomery County submitted an application through the 2023 CFA process for a Fort Plain and Nelliston joint municipal brownfield opportunity area nomination study; and

WHEREAS, the project requested funding in order to complete the planning process necessary to designate the municipalities as a Brownfield Opportunity Area; and

WHEREAS, that said grant funding was awarded in the amount of $100,350 from the New York State Department of State (NYSDOS) with a Village of Nelliston share of $3,500 and a Village of Fort Plain share of $3,500 in the form of cash, and a County share of $4,500 in-kind services;

RESOLVED, that the Montgomery County Department of Economic Development & Planning is hereby authorized to administer said application on behalf of Montgomery County; and

FURTHER RESOLVED, upon review of the provided contract with New York State Department of State (NYSDOS) by the County Attorney, the County Executive is hereby authorized to sign said contract and any other associated materials related to said grant, and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 80 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the County was awarded a grant in the amount of $50,000 from the New York State Department of Environmental Conservation (DEC) to develop a walking and interpretive trail along the North Chuctanunda Creek adjacent to the Walter Elwood Museum in The City of Amsterdam.

RESOLVED, the County Executive is hereby authorized to sign any documents associated with said grant funds and project, upon review and approval of the County Attorney; and

FURTHER RESOLVED, that the Montgomery County Department of Economic Development, Planning & Tourism are hereby authorized to administer said grant on behalf of Montgomery County; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislator Purtell abstained. Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 81 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the County's flood insurance is about to expire and needs to be renewed; and 

WHEREAS, it is the recommendation of the County’s Broker, Arthur J. Gallagher Risk Management, that the County enter into a contract for flood insurance through Selective Insurance Company of New York at a cost not to exceed $50,000  for a term from April 3, 2024 through April 2, 2025; and

WHEREAS, it is necessary to add the new shared services building and updated contents of Venner Road to the insurance policy.

RESOLVED, that the County Executive, following the review and approval by the County Attorney, is hereby authorized and directed to sign a contract for the provision of Flood Insurance policies through Selective Insurance Company of New York at a cost not to exceed $50,000 for a term of April 3, 2024 through April 2, 2025; and

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 82 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Montgomery County has entered into an Inte-rmunicipal Agreement with Schoharie and Otsego Counties for the purpose of Landfill Management; and

WHEREAS, said agreement calls for Montgomery County to provide post closure services and bill the other counties; and

WHEREAS, per NYS DEC Law, monitoring of the closed landfills for underground gas, annual site groundwater, laboratory analysis and data review is a requirement; and

WHEREAS, the current contract for landfill monitoring and reporting with Barton & Loguidice, 443 Electronics Parkway, Liverpool, NY 13088 is due to expire and the committee of post closure & three counties wish to renew said agreement for a period of 3 years, April 1, 2024 - March 31, 2026.

RESOLVED, upon review and approval of the County Attorney, the County Executive is hereby authorized and directed to sign agreement with Barton & Loguidice for a 3 year period of time to perform environmental monitoring and reporting services for closed landfills per NYS DEC, at a cost not to exceed $22,200 per year or $66,600 for a period of 3 years, April 1, 2024 - March 31, 2026.

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 83 of 2024 DATED: February 27, 2024 RECOMMENDATION:

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

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

WHEREAS, employees working for Montgomery County that qualify for this bonus have been submitted via the HWB portal for the 4th vesting period beginning April 1, 2023 and ending September 30, 2023, all eligibility requirements as set for by NYS have been met, and bonuses have been approved; and

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

FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget as follows:

INCREASE REVENUES:

A-16-3-3450-00     Public Health - Other, State Aid     $1614.75

A-17-3-3489-00     Mental Health - Other, State Aid    $4306.00

INCREASE APPROPRIATIONS:

A-10-4-1430-00-1125 (337)     Other Compensation     $5500.00

A-10-4-9001-00-8810              FICA                               $420.75

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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RESOLUTION NO. 84 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted COVID IAP grant funds per Resolution # 219 of 2021; and

WHEREAS, the 2021-24 COVID IAP grant funds for the period of January 1, 2021-June 30, 2024 were appropriated into the 2023 Public Health budget; and

WHEREAS, not all funds budgeted for 2023 were used, so there are unexpended 2023 COVID IAP grant funds available for carryover into the 2024 budget.

RESOLVED, that the County Treasurer is hereby and directed to amend the 2024 Operating Budget as follows:

INCREASE REVENUES:

A-16-3-3401-51     Public Health Grant - COVID IAP Grant     $6,346.76

INCREASE APPROPRIATIONS:

A-16-4-4010-51-4490     Public Health Grant - Special Costs     $6,346.76

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

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