RESOLUTION NO. 85 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, through Montgomery County's membership with the New York State Association of Counties (NYSAC) and the New York State Association of County Clerks (NYSACC) New York's Counties have come together to collectively support Organ and Tissue Donation Month in New York State; and

WHEREAS, currently, nearly 114,000 men, women, and children are awaiting organ transplants in the United States; and

WHEREAS, organ, tissue, marrow, and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and

WHEREAS, in New York State there are approximately 10,000 people waiting for an organ transplant, the third-highest in the nation; and there is an estimated 500 New Yorkers that die every year waiting for an organ transplant; and

WHEREAS, New York's county governments play a key role in raising awareness of the need of organ and tissue donation; and

WHEREAS, the Montgomery County Legislature and the Montgomery County Clerk's Office through its Department of Motor Vehicles are proclaiming April of 2024 as "Organ and Tissue Donation Awareness Month" in Montgomery County to promote an increase in the number of registered organ donors; and now, therefore be it

RESOLVED, that the Montgomery County Legislature hereby proclaims the month of April 2024 as "Organ and Tissue Donation Awareness Month" in Montgomery County; and be it further

FURTHER RESOLVED, the Montgomery County Department of Public Works is directed to raise the "Donate Life" flag at the Montgomery County Office Building located at 64 Broadway, Fonda, NY for the month of April 2024 as a means to raise awareness of the need for organ and tissue donors in Montgomery County.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 86 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Montgomery County has obtained the real property parcel by tax foreclosure known as SBL 63.70-2-26 (14 Wheeler Street), located in the Village of Canajoharie; and

WHEREAS, this property is not needed for County purposes; and

WHEREAS, this property was previously offered at the tax foreclosure auction but successful bidders failed to close on the property; and

WHEREAS, an interested party has expressed interest in obtaining and cleaning up said real property parcel.

RESOLVED, the Montgomery County Legislature hereby authorizes to convey all the right, title and interests of the County in and to said real property to Anngale Paul for the sum of $100.00 plus associated deed filing fees; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to execute the deed and all related documents related to the conveyance of said property to Anngale Paul.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 87 of 2024 DATED: March 26, 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 Palatine, pursuant to Section 554 of the Real Property Tax Law, with the Director of Real Property, alleging an error in the 2024 Town and County Tax Roll:

Parcel 15.-2-40.21, 6831 State Highway 5, owned by Marcus and A. Elizabeth Hostetter was charged on inventory and an assessment that was not matching what the Assessor had intended; and

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

WHEREAS, the Montgomery County Legislature finds that there was an error, shown as a Clerical Error, 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;

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 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 7A of 554 of the Real Property Tax Law, the applicants will have 8 days from the date of mailing 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 current 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 Montgomery County 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(9). (3/26/2024)

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RESOLUTION NO. 88 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Local Law 1 of 2018 amended the Montgomery County Charter to read as follows:

For the purpose of maintaining proper control and supervision over all fiscal affairs, the County Legislature may:

(a) Appoint an Audit Committee, consisting of the Chairman of the County Legislature, the Chairman of the Budget and Finance Committee, and one additional County Legislator, who will have the responsibility for auditing vouchers and claims for payment against County funds or funds for which the County is responsible and shall certify the same for payment by the County Treasurer. In the event that the County Legislature shall appoint a County Auditor, the duties of the County Audit Committee shall assumed by said Auditor; and

WHEREAS, the Auditor has planned vacation and it is necessary to appoint an audit committee to perform the audit in the event of an absence.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby appoints a County Audit Committee  as follows:

Brian Sweet- Chairman of the County Legislature

Martin Kelly- Chairman of the Budget and Finance Committee; and

Herbert Allen- Legislator

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 89 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the previously acquired a building and improvements located on real property located at 1 Venner Road in the City of Amsterdam, Montgomery County (the “Property”); and  

WHEREAS, the County Legislature has heretofore approved funding for renovations to the Property (the “Project”); and  

WHEREAS, the County Legislature desires to approve the method of financing the costs of such 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 Project is hereby estimated to be $1,750,000.00, which shall initially be paid from proceeds of the issuance of $1,750,000.00 serial bonds to finance such costs.

SECTION 2 

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

SECTION 3

The plan of financing includes the issuance of $1,750,000.00 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 expected to exceed five (5) years. 

SECTION 6

The serial bonds issued to finance the cost of the 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 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 he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he 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(8). Legislator Headwell, Jr. voted Nay. (3/26/2024)

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RESOLUTION NO. 90 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the County was awarded grants totaling $268,000 from the New York State Department of Environmental Conservation (DEC) to purchase and install Electric Vehicles Charging infrastructure on county owned properties.

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 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(9). (3/26/2024)

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RESOLUTION NO. 91 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Disaster Mitigation Act of 2000 requires that local governments have either a single-jurisdiction or a multi-jurisdiction all-hazard mitigation plan that has been approved by the Federal Emergency Management Agency (FEMA) to receive project funding from the Hazard Mitigation Grant Program; and

WHEREAS, the New York State Division of Homeland Security and Emergency Services has awarded a Planning Grant Application from Montgomery County and their jurisdictions to update the existing 2016 All-Hazard Mitigation Plan; and 

WHEREAS, the Federal Emergency Management Agency (FEMA) has directed the Montgomery County Legislature to hold a public hearing for comments on the draft final plan; and

RESOLVED, that the County Legislature hereby schedules a Public Hearing on the Hazard Mitigation Plan grant to be held at 5:55 p.m., April 23, 2024, in the Chambers of the County Legislature, County Office Building, Fonda, New York.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 92 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Disaster Mitigation Act of 2000 requires that local governments have either a single-jurisdiction or a multi-jurisdiction all-hazard mitigation plan that has been approved by the Federal Emergency Management Agency (FEMA) to receive project funding from the Hazard Mitigation Grant Program; and

WHEREAS, the New York State Division of Homeland Security and Emergency Services has awarded a Planning Grant Application from Montgomery County and their jurisdictions to update the existing 2016 All-Hazard Mitigation Plan; and 

WHEREAS, the Federal Emergency Management Agency (FEMA) has directed the Montgomery County Legislature to open a 30-day review period for comments on the draft final plan; and

RESOLVED, that the County Legislature hereby schedules a 30-day public review period for Montgomery County Hazard Mitigation Plan, commencing on March 27, 2024, notice of which shall be published in a newspaper having general circulation, and

FURTHER RESOLVED, that notice of this review period and a draft of the final plan shall be posted and open to public inspection online and at the Montgomery County Department of Economic Development and Planning Office.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 93 of 2024 DATED: March 26, 2024 RECOMMENDATION:

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,  #49 of 2022 and #241 of 2022 amended the contract at cost not to exceed $1,111,163; and

WHEREAS, existing contract for providing Construction Inspection and Asbestos Monitoring Services was based on the assumption of a Construction duration of 40 weeks (280 days); and

WHEREAS, the construction and abatement work has extended beyond the 40 weeks (280 days).

RESOLVED, the Montgomery County Legislature hereby authorizes an amendment to the contract in an amount of $87,742 for a total cost not to exceed $1,198,905; and

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign the aforementioned change order; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized to amend the 2024 operating budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Headwell, Jr. voted Nay. (3/26/2024)

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RESOLUTION NO. 94 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS,  a request for proposals was issued soliciting quotes for brokerage services; and

WHEREAS, Marshal and Sterling, our current broker was the only proposal received; and

WHEREAS, the County Executive recommends the continuation of their contract for Brokerage Services for a multi-year term not to exceed $120,000 a year.

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign said agreement with Marshall and Sterling with the fee schedule attached hereto and made a part hereof; and 

FURTHER RESOLVED, that said agreement shall be effective January 1, 2025 and ending June 30, 2026.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 95 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the agreement with Matrix/Araya is set to expire; and

WHEREAS, it has been recommended by the County Executive that Montgomery County renew the current contract agreement and continue to utilize the pharmacy benefit services provided by Matrix/Araya; and 

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign said agreement with Matrix/Araya with the fee schedule attached hereto and made a part hereof; and 

FURTHER RESOLVED, that said agreement shall be effective January 1,2025, and ending December 31, 2027.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 96 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Montgomery County is not currently utilizing all of the space in the Annex Building; and

WHEREAS, Montgomery County wishes to lease this property to other entities that benefit the public.

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law A (Local Law 1) of 2024 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW A (LOCAL LAW 1 OF 2024) - A LOCAL LAW AUTHORIZING LEASE AGREEMENTS WITH CORNELL COOPERATIVE EXTENSION AND FULMONT COMMUNITY ACTION AGENCY

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

SECTION 1. The purpose of this local law is to authorize the Montgomery County Executive to enter into leases with Cornell Cooperative Extension and Fulmont Community Action Agency for space in the Montgomery County Office Buildings.

SECTION 2.   That the spaces to be leased are as follows:

                     Cornell Cooperative Extension: Room 202 at 20 Park Street, Fonda NY 12068
                     Fulmont Community Action Agency:  Annex Rooms 205, 206, 212, 213 at 20 Park Street, Fonda NY 12068 & Basement space,   9 Park Street, Fonda, NY 12068

SECTION 3.  That the lands described in Section 2 are not being used by the County for ordinary county purposes.

SECTION 4. The interests of Montgomery County in the lands described in Section 2 were not acquired for highway purposes or through tax sale. They may only be leased pursuant to the provisions of this law.

SECTION 5.  That the lands described in Section 2 may be leased to Cornell Cooperative Extension and Fulmont without advertising or competitive bidding.

SECTION 6.  That rent to Cornell Cooperative Extension shall be waived as a portion of the County’s annual support and maintenance.

That rent between Fulmont to Montgomery County for the property described in Section 2 shall be as follows: $120.00 annually due by January 30. Fulmont shall also be responsible for all garbage disposal costs.

SECTION 7.  That the County Executive be, and hereby is, authorized to sign leases for a term of one year with Cornell Cooperative Extension and Fulmont for the property described in Section 2.

SECTION 8.  This lease can be canceled at any time for any reason by Montgomery County.

SECTION 9.To the extent that this local law is inconsistent with Section 215 of the County Law of the State of New York it shall supersede that section.

SECTION 10.  If any clause, sentence or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder of the local law, which shall as to such remainder remain in effect. 

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 97 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, SUNY’s community colleges serve the largest percentage of low income, historically marginalized populations, and working adults of all SUNY sectors; and

WHEREAS, the State’s direct tax support for SUNY’s community colleges is lower than it was a decade ago, has not increased in three years, and has fallen behind the NY state counties’ direct tax support to community colleges by $97 million; and

WHEREAS, the community college sector trustees and presidents and Montgomery County Legislature have advocated for New York State to meet its obligation to equally share its support of the community colleges with the counties; and

WHEREAS, increasing the base operating aid by $97 million will bring the State’s share of direct state tax support for operating aid equal to that of New York’s counties and support training 20,000 New Yorkers in high demand jobs through the Empire State Community College Workforce Guarantee; and

WHEREAS, despite advocacy efforts the Governor’s Executive Budget calls for no increase in base operating aid; and

WHEREAS, with no increase to base operating aid, community colleges will be unable to appropriately and substantially meet the workforce needs of New York State and Montgomery County, particularly in healthcare, semi-conductor manufacturing, IT and regionally based industry sectors; and

WHEREAS, Montgomery County has faithfully carried out our fiduciary duties.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby urges New York State Legislators to advocate on behalf of the community college sector of SUNY by ensuring that NYS meets its fiduciary obligation to equally share its financial support of the community colleges with the counties by adding an additional $97 million in operating base aid for the community colleges as requested;

BE IT FURTHER RESOLVED, that the Chair of the Legislature is hereby authorized and directed to forward advocacy letters to State Legislators concerning the same.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 98 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Montgomery County has a proposed Capital Plan for 2024 which was reviewed and recommended by the Capital Project Committee; and

WHEREAS, the following projects are included in the proposed Capital Plan:  new DPW equipment ($400,000), Venner Road property improvements ($1,750,000), critical building maintenance projects ($500,000), bridge replacement program engineering ($600,000) and FMCC capital improvements ($250,000); and

WHEREAS, the Capital Projects Committee recommended that fund balance be utilized for critical maintenance expenditures, equipment purchases and the FMCC capital improvements with bonding being utilized for Venner Road property improvements the bridge replacement engineering.

NOW, THEREFORE, BE IT RESOLVED, that the Montgomery County Legislature hereby adopts the proposed 2024 Capital Plan; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature desires to use fund balance for the funding of Critical Maintenance ($500,000), DPW Equipment purchases ($400,000) and the FMCC capital improvements ($250,000) ; and

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

RESOLUTION VOTE, passed with Aye(8). Legislator Headwell, Jr. voted Nay. (3/26/2024)

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RESOLUTION NO. 99 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Department of Social Services is in the process of restructuring to increase efficiencies and improve workflow; and

WHEREAS, the Department has appropriated funds for professional services in the 2024 Operating Budget; and

WHEREAS, the Department solicited proposals for professional consulting services from qualified firms to assist in this restructuring process; and

WHEREAS, the Bonadio Group was the only proposal that was received; and

WHEREAS, the Bonadio Group will provide a full agency review of internal controls and efficiency related to the analysis of current operations and workflow initiatives within DSS.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs, upon review and approval of the County Attorney, the County Executive to sign an agreement with the Bonadio Group for professional consulting services for the term of May 1, 2024 through December 31, 2024 at a cost not to exceed $170,000.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 100 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, pursuant to County Law 371 a petty cash fund was previously established in the Department of Social Services for $500.00; and

WHEREAS, the money in the Department’s petty cash account is used for various circumstances such as for our caseworkers who may need to purchase emergency food, cleaning supplies, pay for parking, after hours postage, etc.; and

WHEREAS, the Commissioner believes it would be beneficial to increase said account to $1,000.00 due to a relocation of staff to our new building at 1 Venner Road in Amsterdam; and

WHEREAS, the Department would keep $500.00 in our Fonda location and $500.00 in our Amsterdam location; and

WHEREAS, pursuant to County Law 371 this petty cash fund shall continue from year to year until it is abolished.

RESOLVED, the Montgomery County Legislature hereby increases the petty cash account amount to $1,000.00; and be it

FURTHER RESOLVED, that the County Treasurer is authorized and directed to transfer an additional $500.00 from the cash account to the petty cash account for the purposes of increasing the petty cash account amount for the Department of Social Services.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 101 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Department of Social Services in accordance with Social Services Law Title 18 NYCRR 352.8, must provide emergency assistance to eligible homeless persons; and

WHEREAS, the Office of Temporary and Disability Assistance Regulation 18 NYCRR 304 (Code Blue) requires counties to authorize payment to emergency shelters providing such care; and

WHEREAS, the Department has previously contracted with Interfaith Partnership for the Homeless (IPH), a qualified non-profit organization who operates Danielle’s House, which provides 8 seasonal emergency shelter beds between the months of November and April; and

NOW, THEREFORE 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 an agreement with IPH for Code Blue services for the term of October 1, 2023 through September 30, 2024 at an amount not to exceed $185,000. 

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 102 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Commissioner of Health & Human Services is charged with the responsibility for the administration of all child welfare services in Montgomery County pursuant to Section 395 et seq. of Social Services Law; and

WHEREAS, New York State Office of Children and Family Services (OCFS) requires counties to enter into agreements with state approved child care facilities that provide services to our foster care and/or behavioral children in Montgomery County; and

WHEREAS, these facilities and their per diem rates are regulated by OCFS; and be it

RESOLVED, the facilities that Montgomery County utilizes are as follows:

• Berkshire Farm Center & Services for Youth
• Cayuga Home for Children dba Cayuga Centers
• The Charlton School
• Children’s Home of Jefferson County
• Children’s Home of Kingston
• Children’s Home of Poughkeepsie
• Children’s Home of Wyoming Conference
• Community Maternity Services
• Elmcrest Children’s Center
• Hillside Children’s Center
• The House of the Good Shepherd
• LaSalle School
• Lincoln Hall
• Mountain Lake Children’s Residence
• Northeast Parent & Child Society
• Parson’s Child & Family Center
• St. Anne’s Institute
• St. Catherine’s Center for Children
• Vanderheyden Hall
• The William George Agency for Children’s Services, Inc.

FURTHER 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 prospective contract documents for a term of June 1, 2024 through May 31, 2025 entered into between the County and OCFS-approved agencies providing services to county children in need of foster care and/or behavioral service.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 103 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, regulation 18 NYCRR 304.2 was adopted to ensure that social services districts have a comprehensive plan for addressing homelessness that reflects coordination of locally available services; and

WHEREAS, per 18 NYCRR 304.1, a Code Blue alert must be called when temperatures are expected to fall below 32 degrees Fahrenheit with wind chill for at least two consecutive hours, for which the decision must be declared by 5:00 PM each day and remain in effect until the temperature rises above 32 degrees Fahrenheit with wind chill, but at least until 7:00 AM the next morning; and

WHEREAS, to follow the OTDA regulations and coordinate with local agencies, the Department of Social Services is desirous of continuing our contract with Catholic Charities for the operation of their warming station from November through April; and

WHEREAS, the warming station has a capacity of 10 beds and provides a warm place to sleep, free laundry facilities, showers, essential hygiene items, and case management services to the vulnerable homeless population; and

NOW, THEREFORE 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 an agreement with Catholic Charities for the warming station for the term of October 1, 2023 through September 30, 2024 not to exceed $197,000.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 104 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Department of Social Services has increasing demands to complete and maintain more detailed case records using multiple data entry requirements; and

WHEREAS, for continuity of services it is recommended that the Department continues to contract with Northwoods Consulting Partners, Inc. for their user friendly, mobile option software; and

WHEREAS, the Department has utilized Northwoods’ proprietary software, Traverse, for the last three years for document management to store and share case information allowing caseworkers to reallocate their time to better serve our families and children.

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 a three-year Software as a Service agreement with Northwoods Consulting Partners, Inc. for their proprietary software, Traverse, for the term of April 1, 2024 through March 31, 2027 not to exceed $344,400.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 105 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the 2024 Operating Budget designated $50,000 for the purchase of a new vehicle for Veterans' transportation, and

WHEREAS, the 2024 Operating Budget also designates $15,000 for the purchase of a used vehicle for the County's Central Mail Service, and 

WHEREAS, the purchase price of the new vehicle for Veterans' transportation was lower than originally quoted leaving a balance of $8574, and

WHEREAS, transferring the unused balance from the Veterans Motor Vehicle Equipment line to the Central Mail Service Motor Vehicle Equipment line will allow for the purchase of a better used vehicle for the County's Central Mail Service.

NOW, THEREFORE BE IT RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget as follows:

TRANFER FROM:

TRANSFER TO:

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 106 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Pursuant to resolutions 215 & 283 of 2022 and 69 & 71 of 2023 authorized the use of American Rescue Plan funds for the purpose of assisting County departments, municpalities and local non-profit organizations with specific needs or improvements on particular projects designated as an allowable use of American Rescue Plan funds, and

WHEREAS, said funds were not totally expended as of December 31, 2023 and were encumbered; and

WHEREAS, the Treasurer determined that it is necessary to remove the funds from the encumbarance and place in the 2024 operating budget to fund said projects.

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

INCREASE:

A-06-3-4089-00             Federal Aid - ARPA          86,033

INCREASE:

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 107 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Under Judiciary Law §183-1 the District Attorney Salary is tied to the NYS Supreme Court Justice salary; and

WHEREAS, the NYS Supreme Court Justice salary is set to increase to $232,600.00 April 1, 2024; and

WHEREAS, the District Attorney's current salary is $210,900 is required to be change to $232,600.00, effective April 1, 2024.

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

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (3/26/2024)

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RESOLUTION NO. 108 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, in 2024, the Personnel Officer directed our Health Insurance Broker to market our retiree over 65 health insurance, as our Medicare eligible retiree population was facing significant member disruption due to contract negotiations between our current carrier and local providers including major hospitals and treatment centers in and around the Capital District; and

WHEREAS, negotiations between our current carrier and local providers have mostly ceased and the providers refuse to participate with or bill our carrier either in network or out of network causing the potential for significant harm to our retiree over 65 population; and

WHEREAS, as a result of the disruption, it has been recommended by the Personnel Officer that Montgomery County change carriers from Humana to Anthem specifically for our retiree over 65 population for health insurance only, (no prescription drugs); and 

WHEREAS, although Humana provided excellent service to Montgomery County and its retiree's, the disruption is significant; and

WHEREAS, Anthem is matching and/or providing a better benefit then current plan design; and 

WHEREAS, Anthem pricing is projected to be a $201,739 annual savings; and

RESOLVED, that the County Executive, following review and approval by the County Attorney, is authorized and directed to sign an agreement with Anthem for retiree over 65 health insurance only, (no prescription drugs) at a rate of $127.81 per member per month.

FURTHER RESOLVED, that said agreement shall be effective June 1, 2024 through December 31, 2024.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 109 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, County employees who work on the DPW Facility are paid out of the DM Fund; and

WHEREAS, funds need to be transferred within the department’s budget to properly account for workers salary; and

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

TRANSFER FROM

TRANSFER TO

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 110 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Resolution 85 of 2023 awarded Bid Items A-64 (In Place Recycled Base Course), A-69 (Cold In Place Surface Recycling), A-71 (Latex Modified Asphalt) and A-79 (In Place Recycled Base with Portland) to Gorman Brothers, Inc. of Albany, NY; and

 WHEREAS, Gorman Brothers, Inc. recently sold its business to All States Construction, Inc. D.B.A. Gorman Construction; and

 WHEREAS, the Commissioner of Public Works has recommended extending contracts for a period of one year per resolution 85 of 2023 to Gorman Brothers, Inc. which has recently sold to All States Construction, Inc. D.B.A. Gorman Construction with an address of 446 St Hwy 161, Amsterdam, NY 12010; and

 RESOLVED, that the County Executive, following review and approval by the County Attorney is hereby authorized and directed to assign the contracts for Highway Construction to All States Construction, Inc. D.B.A. Gorman Construction with all other terms remaining in full effect.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 111 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Department of Public Works has solicited bids for the 2024 season; and

WHEREAS, the Department of Public Works advertised for bids pursuant to section 103, Article 5-a of General Municipal Law, for a period of 30 days; and

WHEREAS, bids were opened on February 22, 2024 at 10:00 am per bid specifications.

RESOLVED, that bids for materials and/or professional services will be awarded to the lowest responsible, responsive bidder with an option to extend the contracts for a period of one (1) year per the 2024 bid specifications; and

FURTHER RESOLVED, that the Montgomery County Executive is authorized to enter into contracts, upon review by the Montgomery County Attorney, with the following companies for material and professional services for 2024 as the lowest most responsible bidders as follows

A-3 Pipe
CMP circular galvanized, CMP circular aluminized

CMP Arch aluminized and galvanized, High Density Polyethylene and Fittings

Chemung Supply Corp           Town & County Bridge and Rail

2420 Corning Rd                    PO Box 16395

Elmira, NY 14903                   Albany, NY 12122

Lane Enterprises LLC             Steel Sales Inc.

825 Rt 37                                PO Box 539

Ballston Spa, NY 12020         Sherburne, NY 13460

A-3 Pipe
HDPE smooth bore and Fittings:

Lane Enterprises LLC

825 Rt 37

Ballston Spa, NY 12020

A-4 Crushed Stone
(All bidders – price per ton plus haul to determine vendor)

Rifenburg Construction Inc.   Santos Construction Corp       Cushing Stone Co. Inc.

159 Brick Church Rd              39 Gilliland Ave                          725 St Hwy 5S

Troy, NY 12180                      Amsterdam, NY 12010                Amsterdam, NY 12010

Cobleskill Stone Products Inc. Callanan Industries Inc.          Adirondack Natural Resources

PO Box 220                               PO Box 15097                          410 St Hwy 30

Cobleskill, NY 12043                  Albany, NY 12212                    Northville, NY 12134

A-5 Stone Fill
(All bidders – price per ton plus haul to determine vendor)

Cushing Stone Co. Inc.           Cobleskill Stone Products Inc .

725 St Hwy 5S                         PO Box 220                           

Amsterdam, NY 12010            Cobleskill, NY 12043            

Callanan Industries Inc.          Adirondack Natural Resources

PO Box 15097                          410 St Hwy 30

Albany, NY 12212                   Northville, NY 12134

A-9 Herbicide Application

Allen Chase Enterprises Inc.   DeAngelo Contracting Services In.

24 Co Rt 1A                           100 North Conahan Dr

Oswego, NY 13126                 Hazleton, PA 18201

A-31 Fine Gravel

(All bidders – price per ton plus haul to determine vendor)

Rifenburg Construction Inc.   Santos Construction Corp      

159 Brick Church Rd               39 Gilliland Ave                    

Troy, N.Y. 12180                     Amsterdam, NY 12010

A-32 Foundation Course Gravel

(All bidders – price per ton plus haul to determine vendor)

Rifenburg Construction Inc.   Santos Construction Corp      

159 Brick Church Rd               39 Gilliland Ave                    

Troy, N.Y. 12180                     Amsterdam, NY 12010

A-67 Pneumatically Placed Concrete (Shotcrete)

R&B Construction LLC         Town & County Bridge & Rail

1094 Bullshead Rd                 PO Box 16395

Amsterdam, NY 12010          Albany, NY 12122

A-80 Bituminous Concrete

(All bidders – price per ton plus haul to determine vendor)

Cushing Stone Co. Inc.           Cobleskill Stone Products Inc .

725 St Hwy 5S                         PO Box 220                           

Amsterdam, NY 12010             Cobleskill, NY 12043            

Callanan Industries Inc.          Empire Paving Materials Inc.

PO Box 15097                         1900 Duanesburg Rd

Albany, NY 12212                    Duanesburg, NY 12056

A-81 Cold Planning

(Specific width needed, purchased from low bidder)

Cobleskill Stone Products Inc. Callanan Industries Inc.         

PO Box 220                            PO Box 15097

Cobleskill, NY 12043             Albany, NY 12212

A-82 Hot In-Place Surface Recycling

Highway Rehabilitation Corp

2258 Rt 22

Brewster, NY 10509

A-88 Abrasives for Snow & Ice Control

(All bidders – price per ton plus haul to determine vendor)

Rifenburg Construction Inc.   Cushing Stone Co. Inc.

159 Brick Church Rd              725 St Hwy 5S

Troy, N.Y. 12180                    Amsterdam, NY 12010

Cobleskill Stone Products Inc. Adirondack Natural Resources

PO Box 220                            410 St Hwy 30

Cobleskill, NY 12043             Northville, NY 12134

A-93 Application of Silane Sealer to Various Bridge Decks in Montgomery County

Town & County Bridge and Rail

PO Box 16395

Albany, NY 12122

A-94 Bridge Repair and Maintenance Equipment and Labor Rental

R&B Construction LLC         Town & County Bridge & Rail

1094 Bullshead Rd                 PO Box 16395

Amsterdam, NY 12010          Albany, NY 12122

A-95 Electrical Repair and Maintenance

Les Hazzard & Sons Inc.

1969 Wagners Hollow Rd

Fort Plain, NY 13339

A-97 Maintenance and Service to Fire Prevention Apparatuses

Professional Fire Protection Inc.

185 East State St

Johnstown, NY 12095

A-21-24 Painting Lines on County Highways

Seneca Pavement Marking Inc.

3526 Watkins Rd

Horseheads, NY 14845

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 112 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Montgomery County contracts for grass and brush control with the ten towns, the City of Amsterdam, and the Village of St. Johnsville on county roads; and

WHEREAS, the current contract is due to expire for such services and there is a need to renew the contract for Grass and Brush Control on County Roads;

RESOLVED, pursuant to Section 135A of the Highway Law, Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval by the County Attorney, to enter into agreements with the ten towns located within Montgomery County; the City of Amsterdam, and the Village of St. Johnsville for provision of grass and brush control on county roads; and

FURTHER RESOLVED, payment for work to be performed under the terms of said agreement for grass and brush control shall be at a rate of $400.00 per center line miles for the contract year June 1, 2024 through May 31, 2025 at a total cost of $157,912.00 to the County Road Fund.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 113 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Public Defender’s Office has been advised by the New York State Indigent Legal Services (NYS ILS) of funds available for an additional FT Assistant Public Defender position; and

WHEREAS, the NYS ILS has oversight of all public defense in NYS and has established caseload maximum standards regarding the number of cases that should be handled by each Public Defender; and

WHEREAS, due to the ever increasing workload, the attorneys who handle Amsterdam City Court have reached and/or exceeded the maximum caseload; and

WHEREAS, the Public Defender respectfully requests the addition of a grant funded Assistant Public Defender FT to be established with a base salary of $86,005, Grade I of the Non-Bargaining Personnel Policy; and

WHEREAS, should the grant funding for this position be reduced and/or end the position shall be eliminated; and

RESOLVED, that the Montgomery County Legislature hereby establishes one additional full time Assistant Public Defender with a base salary of $86,005 Grade I in the non-bargaining policy.

FURTHER RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the Montgomery County Treasurer to amend the 2024 budget as follows:

INCREASE: 

INCREASE: 

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 114 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, forfeiture money from a criminal case in thea mount of $3,813.75 has been deposited with the Montgomery County Treasurer and placed in Revenue Line .2626 (Forfeiture Crimie 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:

A-25-3-2626                    FORFEITURE CRIME PROCEEDS - RESTRICTED                            $3,813.75

INCREASE EXPENDITURES:

A-25-4-1165-.4522           DA/LAW ENFORCEMENT PROGRAM                                           $3,813.75

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 115 of 2024 DATED: March 26, 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 February 28, 2024 through March 26, 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(9). (3/26/2024)

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RESOLUTION NO. 116 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS,  it is necessary to enter into a contract for case management for Probation to help maintain files; and

WHEREAS, a quote has been recieved from Catalis for a three year agreement; and

WHEREAS, this program is widely used by Probation Departments across New York State.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive, upon review and approval of the County Attorney is authorized and directed to enter into a contract with Catalis for a term of three years at a cost of $11,250.00 for year one,  $11,925.00 for year two and $12,640.00 for year three.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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