AGENDA

MONTGOMERY COUNTY LEGISLATURE
Regular Meeting
April 23, 2024
Tuesday
6:00 PM
Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY



Minutes of the meeting will be later posted on the Montgomery County website at www.co.montgomery.ny.us

I. Call to Order

II. Roll Call of Members

III. Salute to the Flag

IV. Moment of Silence

V.  Public Comment/Presentations

VI. Communications

VII. Approval of Minutes

VIII. Acceptance of Budgetary Transfers

IX. Acceptance of Procurement Record

X. Old Business

XI. New Business

       A. Resolutions
       B. Other   

XII. Adjournment



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
117

RESOLUTION ADOPTING INDIGENT BURIAL POLICY (DEPARTMENT OF SOCIAL SERVICES)

Kelly/PurtellMove to Full Legislature
118

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN SECTION 4410, 3-5 PRESCHOOL PROGRAM SERVICE PROVIDER CONTRACTS (PUBLIC HEALTH)

Purtell/KellyMove to Full Legislature
119

RESOLUTION ACCEPTING LEADING IN LEAD PREVENTION PROGRAM GRANT (PUBLIC HEALTH)

Majewski/PurtellMove to Full Legislature
120

RESOLUTION ADOPTING INTRODUCTORY LAW B (LOCAL LAW 2 OF 2024) - A LOCAL LAW AMENDING LOCAL LAW 2 OF 2021  (COUNTY LEGISLATURE)

Pepe/WilsonMove to Full Legislature
121

RESOLUTION AMENDING RESOLUTION 215 OF 2022 (LEGISLATURE)

Pepe/WilsonMove to Full Legislature
122

RESOLUTION RESCINDING RESOLUTION NO. 106 OF 2024 (LEGISLATURE)

Wilson/SweetMove to Full Legislature
123

RESOLUTION AMENDING 2024 OPERATING BUDGET (COUNTY EXECUTIVE)

Pepe/MajewskiMove to Full Legislature
124

RESOLUTION APPROVING PROJECT MANAGEMENT AGREEMENT WITH DASNY FOR FMCC WELCOME CENTER CAPITAL PROJECT

Pepe/MajewskiMove to Full Legislature
125

RESOLUTION AWARDING BID FOR RECYCLING SERVICES AND AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - COUNTY WASTE & RECYCLING SERVICES, INC. (COUNTY TREASURER)

Allen/KowalczykMove to Full Legislature
126

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Purtell/MajewskiMove to Full Legislature
127

RESOLUTION AMENDING RESOLUTION 273 OF 2021 (PUBLIC WORKS)

Wilson/PepeMove to Full Legislature
128

RESOLUTION AWARDING BRIDGE REPLACEMENT CONTRACT CRANES HOLLOW RD BRIDGE IN THE TOWN OF AMSTERDAM TO ING CIVIL (PUBLIC WORKS)

Purtell/KowalczykMove to Full Legislature
129

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO AMEND AGREEMENT WITH UTC (DATA)

Pepe/KowalczykMove to Full Legislature
130

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN INTERMUNICIPAL AGREEMENT FOR LEACHATE DISPOSAL WITH THE VILLAGE OF CANAJOHARIE (PUBLIC WORKS)

Purtell/KellyMove to Full Legislature
131

RESOLUTION AUTHORIZING THE DEPARTMENT OF LAW TO ENTER INTO COOPERATIVE AGREEMENTS WITH THE DEPARTMENT OF SOCIAL SERVICES (COUNTY ATTORNEY)

Purtell/PepeMove to Full Legislature
132

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - 2023 STATEWIDE INTEROPERABLE COMMUNICATIONS GRANT PROGRAM (SHERIFF)

Kowalczyk/WilsonMove to Full Legislature
133

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - GIFTS AND DONATIONS (SHERIFF)

Headwell, Jr./PepeMove to Full Legislature
134

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - 2023 PUBLIC SAFETY ANSWERING POINT(PSAP) GRANT PROGRAM (SHERIFF) 

Wilson/KowalczykMove to Full Legislature
135

RESOLUTION AMENDING 2024 OPERATING BUDGET WITH E-911 RESERVE FUNDS (SHERIFF)

Purtell/WilsonMove to Full Legislature
136

RESOLUTION ESTABLISHING THE POSITION OF LAW SCHOOL INTERN(S) AND AMENDING 2024 OPERATING BUDGET (DISTRICT ATTORNEY)

Pepe/PurtellMove to Full Legislature
137

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - ESTABLISHING POSITION OF CRITICAL CARE TECHNICIAN - PART TIME (SHERIFF)

Headwell, Jr./WilsonMove to Full Legislature
138

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - K9 (SHERIFF)

Kowalczyk/PurtellMove to Full Legislature
139

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2024) - A LOCAL LAW ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY (COUNTY LEGISLATURE)

Pepe/PurtellMove to Full Legislature
140

RESOLUTION AMENDING 2024 OPERATING BUDGET - CARRYING OVER ENCUMBERED FUNDS FOR PROJECTS APPROVED IN THE 2023 BUDGET YEAR (PERSONNEL)

Wilson/MajewskiMove to Full Legislature
141

RESOLUTION AMENDING 2024 OPERATING BUDGET (PERSONNEL)

Sweet/PurtellMove to Full Legislature
142

RESOLUTION GRANTING ANOTHER $50,000 OF AMERICAN RESCUE PLAN FUNDS TO LIBERTY ARC (COUNTY LEGISLATURE)

Purtell/SweetMove to Full Legislature
143

RESOLUTON SETTING THE DATE AND TIME OF A SPECIAL MEETING TO DESIGNATE A COUNTY EXECUTIVE (COUNTY LEGISLATURE)

Sweet/Headwell, Jr.Did Not Go Through Committee
144

RESOLUTION SCHEDULING PUBLIC HEARING - MONTGOMERY COUNTY ALL-HAZARD MITIGATION PLAN 5-YEAR UPDATE (ECONOMIC DEVELOPMENT/PLANNING)

Kelly/PurtellDid Not Go Through Committee



Montgomery County Seal!RESOLUTION NO. 117 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION ADOPTING INDIGENT BURIAL POLICY (DEPARTMENT OF SOCIAL SERVICES)


Resolution by Legislator: Kelly
Seconded by: Purtell

WHEREAS, Section 141 of the Social Services Law requires local social services agencies, in certain instances where a recipient of public assistance or care or other person dies leaving no funds or insurance sufficient to pay the expense of the recipient's burial, to take responsibility of the burial of said recipient; and
 
WHEREAS, in recent months, the Department of Social Services has revised said policy to include a more streamlined application process, as well as a more comprehensible policy; and
 
WHEREAS, the Commissioner of Health and Human Services recommends that the Montgomery County Legislature adopt the attached policy for the burial of recipients of the above circumstances.
 
RESOLVED, that the Montgomery County Legislature, after review and approval by the County Attorney, hereby adopts the attached policy for the burial of indigent residents for the period of April 1, 2024 through March 31, 2029.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Burial Policy and Application

Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution adopting the indigent burial policy.


II. Justification:

The current policy has expired and a new one needs to be put in place.


III. Legislative Impact:

Pursuant to the Montgomery County Charter the Montgomery County Legislature is the policy making body for Montgomery County. Further authorized by Social Services Law Section 141 and 18 NYCRR 620.3.


IV. Financial Impact:

In 2022 there were 383 burials with a total cost of $212,529.32 and in 2023 there were 262 burials at a total cost of $142,084.56.

We've streamlined the new policy and application process and there is a relatively small increase in pricing when compared to our previous policy.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 118 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN SECTION 4410, 3-5 PRESCHOOL PROGRAM SERVICE PROVIDER CONTRACTS (PUBLIC HEALTH)


Resolution by Legislator: Purtell
Seconded by: Kelly

WHEREAS, Section 4410 of the Education Law of the State of New York requires municipalities to enter into contracts with service agencies, that are providers of 4410 3-5 preschool services; and

WHEREAS, a municipality must contract with providers who are approved by the State Education Department no later than 40 days from the receipt of written notice from the State Commission of Education.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval by the County Attorney, to sign and execute any and all prospective contract documents for the period of July, 2024 - June 30, 2027 between the County and individuals or agencies providing services to County students enrolled in the Section 4410 3-5 Preschool Program.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

The County Executive has the authority to sign all contracts for services rendered in conjunction with NYS DOH Public Health Law.


II. Justification:

Public Health Law mandates the County to pay for services for persons living within its jurisdiction.


III. Legislative Impact:

Authorized pursuant to Article 3 of the Charter.


IV. Financial Impact:

Funds to be appropriated into each year's Public Health budget for 3-5 Preschool Services.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 119 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION ACCEPTING LEADING IN LEAD PREVENTION PROGRAM GRANT (PUBLIC HEALTH)


Resolution by Legislator: Majewski
Seconded by: Purtell

WHEREAS, Montgomery County Health Department has been awarded grant funds provided by a newly established Leading in Lead Prevention Program Grant; and

WHEREAS, the Housing Trust Fund Corporation has awarded the Montgomery County Health Department funding in the amount of $242,170.00 to be allocated over a 24 month period to commence on April 1st, 2024, and ending on March 31, 2026;

RESOLVED, that the County Executive, upon review and approval by the County Attorney, hereby is authorized and directed to sign any and all Leading in Lead Program grant contract documents for the contract period of April 1, 2024 - March 31, 2026.

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

INCREASE REVENUES:     
 A-16-3-07-3401- Leading in Lead Prevention Program   $242,170.00 
 INCREASE APPROPRIATIONS:    
 A-16-4-4010-07-4490  Leading in Lead Prevention Program  $242,170.00

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funds need to be adjusted via budget in order for reimbursement as costs for Leading in Lead Prevention Program activities were not anticpated.


II. Justification:

Funds to be approved in order to be received and utilized via grant.


III. Legislative Impact:

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


IV. Financial Impact:

No financial impact to the general funds, revenues offset expenses via grant funds to counties for Leading in Lead Prevention Program activities.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 120 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LAW B (LOCAL LAW 2 OF 2024) - A LOCAL LAW AMENDING LOCAL LAW 2 OF 2021  (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, pursuant to Resolution #___ of 2024, the recycling contract was awarded to County Waste & Recycling Services, Inc.; and

WHEREAS, it was recommended that Montgomery County increase the recycling fees to offset the increase in the new contract to keep the recycling program a cost neutral venture for the County.

THEREFORE BE IT RESOLVED,that the Montgomery County Legislature authorizes and directs recycling fees at the Montgomery County transfer stations to be:

              $100.00/ton for the period May 1, 2024 through April 30, 2025.

              $105.00/ton for the period May 1, 2025 through April 30, 2026

              $110.00/ton for the period May 1, 2026 through April 30, 2027

 

WHEREAS, Local Law 2 of 2021 established a tipping fee for the disposal of recyclables at the County's transfer stations; and

WHEREAS, given the increased cost of the recent RFP for disposal for recyclables it is necessary to amend the tipping fee set forth in Local Law 2 of 2021; and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.  

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law B  (Local Law 2 of 2024) entitled "A Local Law Amending Local Law 2 of 2021" hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to amend the tipping fee for the disposal of recyclables at the County's transfer stations

Section 2:

Section 2 of Local Law 2 of 2021 is hereby amended to add the following:

       

              $100.00/ton for the period May 1, 2024 through April 30, 2025

              $105.00/ton for the period May 1, 2025 through April 30, 2026

              $110.00/ton for the period May 1, 2026 through April 30, 2027

 

Section 3:

The purpose for charging fees is to offset the County's charges for this service.

Section 4:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 5:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 6:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING AN INCREASE IN RECYCLING FEES AT COUNTY TRANSFER STATIONS 


II. Justification:

Montgomery County currently realizing a cost neutral effect for recycling fees at the transfer station.  Rate increases would keep cost neutral effect in place.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Increasing recycling fees would offset the increases in the recycling contract and be neutral effect to the County.  The recycling fee increases would be as follows:

5/1/24 - 4/30/25              $100.00/ton

5/1/25 - 4/30/26              $105.00/ton

5/1/26 - 4/30/27              $110.00/ton



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 121 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 215 OF 2022 (LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, Resolution 215 of 2022 awarded $200,000 of those funds for to renovate rooms 111 and 214 at Montgomery County; and

WHEREAS, it is necessary to amend Resolution 215 of 2022 so American Rescue Plan funds can be used for other purposes.

NOW THEREFORE BE IT RESOLVED,  that Resolution 215 of 2022 be amended as follows:

$20000, be replacd with $150,00 throughout.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING RESOLUTION 215 OF 2022 (LEGISLATURE)


II. Justification:

It is necessary to amend Resolution 215 of 2022 so American Rescue Plan funds can be used for other purposes.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Will make $50,000 of ARPA funds available for other purposes.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 122 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION RESCINDING RESOLUTION NO. 106 OF 2024 (LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Sweet

WHEREAS, Resolution No. 106 of 2024  amended the 2024 Operating Budget to carrry over ARPA funds to complete a project; and

WHEREAS, it has been determined that other funds should be used to complete this project so ARPA funds can be used on other projects.

NOW THEREFORE BE IT RESOLVED, that Resolution 106 of 2024 is hereby rescinded.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION RESCINDING RESOLUTION NO. 106 OF 2024 (LEGISLATURE)


II. Justification:

It has been determined that other funds should be used to complete this project so ARPA funds can be used on other projects.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Rescinds using ARPA funds on a project.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 123 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING 2024 OPERATING BUDGET (COUNTY EXECUTIVE)


Resolution by Legislator: Pepe
Seconded by: Majewski

WHEREAS, Montgomery County was awarded $83,376 from the Office of Renewable Energy Siting to review the Mill Point I solar project and it is necessary to amend the 2024 Operating Budget to reflect that award; amd

WHERESAS, these funds are to be expended as approved by the Office of Renewable Energy Siting.

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

 

INCREASE REVENUES:

A-01-3-3889  Other Culture and Recreation  $83, 376

 

INCREASE APPROPRIATIONS:

A-01-4-1011-00.4431 Professional Services  $83,376

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING 2024 OPERATING BUDGET (COUNTY EXECUTIVE)


II. Justification:

Montgomery County was awarded $83,376 from the Office of Renewable Energy Siting to review the Mill Point I solar project and it is necessary to amend the 2024 Operating Budget to reflect that award


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter


IV. Financial Impact:

One time award from the State.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 124 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION APPROVING PROJECT MANAGEMENT AGREEMENT WITH DASNY FOR FMCC WELCOME CENTER CAPITAL PROJECT


Resolution by Legislator: Pepe
Seconded by: Majewski

WHEREAS, Resolution 175 of 2023 authorized the capital project for replacement of the Welcome Center electrical distribution at Fulton Montgomery Community College; and 

WHEREAS, the College and the Counties wish for the Dormitory Authority of State of New York (DASNY) to undertake the management, design, construction, reconstruction or rehabilitation of the Facilities as requested; and

 WHEREAS, pursuant to (Title 4 of the Article 8 of the Public Authorities Law (Public Authorities Law § 1675 et seq: the “Dormitory Authority Act” and §1680 (subdivision 13)), DASNY is authorized by law to enter into agreements pursuant to which DASNY may manage the design, construction, reconstruction or rehabilitation of facilities for the College; and

 WHEREAS, this agreement is necessary for DASNY to develop a proposal to complete the work, which is intended to be paid for with the costs already allocated by the counties for the capital project.

 NOW, THEREFORE BE IT

 RESOLVED, that the Montgomery County Legislature authorizes the County Executive to sign a Project Management Agreement with DASNY for the purposes described above; and

 FURTHER RESOLVED, that this Resolution shall take effect upon adoption of a similar Resolution by the Fulton County Board of Supervisors.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Capital Project


II. Justification:

Services necessary for the replacement of the FMCC Welcome Center electrical distribution.


III. Legislative Impact:

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


IV. Financial Impact:

Matching funds are required from Montgomery County that are part of the $250K allocated as part of Resolution 175 of 2023.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 125 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AWARDING BID FOR RECYCLING SERVICES AND AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - COUNTY WASTE & RECYCLING SERVICES, INC. (COUNTY TREASURER)


Resolution by Legislator: Allen
Seconded by: Kowalczyk

WHEREAS, the Purchasing Agent issued a Request for Proposals for the provision of recycling services for Montgomery County; and

WHEREAS, proposals have been received and were opened on March 22, 2024; and

WHEREAS, after reviewing the proposals the Treasurer recommends awarding the RFP to County Waste & Recycling Services, Inc.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive after review and approval of the County Attorney to sign an agreement with County Waste & Recycling Services, Inc. for the provision of recycling services in Montgomery County for a term of May 1, 2024 through April 30, 2027. 

FURTHER RESOLVED, the Montgomery County Legislature authorizes and directs the County Treasurer to amend the 2024 Operating Budget as follows:

INCREASE REVENUES:     
A-06-3-2130-00  Refuse & Garbage Charges    $60,000 
     
INCREASE APPROPRIATIONS:    
A-06-4-8160-00-.4438  Miscellaneous Supporting Services   $60,000 

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AWARDING RFP# 07-24 FOR RECYCLING SERVICES AND AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AGREEMENT - COUNTY WASTER & RECYCLING SERVICES, INC.

 


II. Justification:

Recycling services through the transfer stations are County responsibilities


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Montgomery County Charter.


IV. Financial Impact:

The expense for this service will be charged to the municipalities and/or haulers who bring their recyclables to the County transfer stations

Year 1 charge:  $100.00/ton

Year 2 charge:  $105.00/ton

Year 3 charge:  $110.00/ton

 



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 126 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Majewski

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 March 31, 2024 through April 23, 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(8). Legislator Majewski was absent. (4/23/2024)



Click here for resolution attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

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


III. Legislative Impact:

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


IV. Financial Impact:

No impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 127 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING RESOLUTION 273 OF 2021 (PUBLIC WORKS)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, Resolution 273 of 2021 authorized finalizing the subdivision of properties formerly held by MOSA to transfer the Western Transfer Station to Montgomery County pursuant to the dissolution agreement; and

WHEREAS, after this resolution passed the surveyor made some amendments to the deed description for the transfer.

NOW THEREFORE BE IT RESOLVED, that the Further Resolved clause in Resolution 273 of 2021 is amended so that the description of the Western Transfer Station lands is being generally described as follows:

 ALL THAT PIECE or parcel of land situate in the Town of Root, County of Montgomery and State of New York being described as follows:

Beginning at a set re-rod marking the southeasterly corner of parcel of land designated as parcel 17D of a public trail easement conveyed to The People of the State of New York in book 739 at page 37 and running thence along the easterly line of said parcel 17D N 07°25’23”E a distance of 90.00 feet to a point at the southeasterly corner of parcel 17C of said easement, thence along said parcel 17C and continuing through parcel 17C  N 09°46’26”E a distance of 177.70 feet to a point in the southerly margin of New York State Route 5S, thence along said southerly margin the following three courses; S 82°07’E a distance of 326.93 feet to a point, S 55°32’E a distance of 69.94 feet to a point and N 08°56’55”E  a distance of 12.09 feet to a point at the southwesterly corner of parcel 17B of said easement, thence along said parcel 17B the following three courses; S 79°29’56”E a distance of 83.40 feet to a point, S 67°32’30”E a distance of 2.00 feet to a point  and S 22°27’30”W a distance of 13.85 feet to a point , thence through parcel 17B S 76°26’E a distance of 148.65 feet to a set re-rod, thence through parcel 17B and continuing through lands of the County of Montgomery, the County of Otsego and the County of Schoharie the following six courses; S 01°17’W a distance of 79.74 feet to a set re-rod,

S 85°03’W a distance of 243.61 feet to a set re-rod, S 04°49’E a distance of 255.60 feet to a set re-rod, S 60°55’W a distance of 395.01 feet to a set re-rod, S 89°23’W a distance of 59.96 feet to a set re-rod and N 02°44’W a distance of 420.31 feet to the point or place of beginning and containing 5.993 acres of land.

Accepting and reserving a right of way for ingress and egress over an existing driveway with the centerline of said right of way being described as follows:

Beginning at a point in the southerly margin of New York State Route 5S located S 82°07’E a distance of 77.93 feet from the northwest corner of the above described parcel and running thence through the above described parcel the following five courses; on a curve to the left having a radius of 80.00 feet for an arc length of 72.77 feet and a chord of S32°28’31” E a distance of 70.29 feet to a point, S 58°32’E a distance of 151.02 feet to a point, on a curve to the right having a radius of 140.00 feet for an arc length of 100.87 feet and a chord of S 37°53’34”E for a distance of 98.70 feet to a point, S 17°15’09”E a distance of 89.71 feet to a point and on a curve to the left having a radius of 38.76 feet for an arc length of 51.83 feet and a chord of S 55°34’05”E for a distance of 48.06 feet to a point in the easterly line of the above described parcel located N 04°49’W a distance of 152.53 feet from the southeasterly corner of the above described parcel.

EXCEPTING AND RESERVING a Public Trail easement to the New York State Office of Parks as recorded in Deed Book 739, page 037 in the Montgomery County Clerk’s Office.

Being a portion of the premises described in a deed from the Montgomery, Otsego, and Schoharie Solid Waste Management Authority to the County of Montgomery, County of Otsego and County of Schoharie dated April 25, 2014 and recorded as Instrument Number 2014-57194 of deeds in the Montgomery County Clerk’s Office on May 1, 2014.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING RESOLUTION 273 OF 2021 (PUBLIC WORKS)


II. Justification:

An amendment was made to the deed description.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.  Public Authorities Law 2041-w (2) (a) (ii) requires that ownership of the transfer station be transferred to Montgomery County.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 128 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AWARDING BRIDGE REPLACEMENT CONTRACT CRANES HOLLOW RD BRIDGE IN THE TOWN OF AMSTERDAM TO ING CIVIL (PUBLIC WORKS)


Resolution by Legislator: Purtell
Seconded by: Kowalczyk

WHEREAS, by Resolution 145 of 2023, Montgomery County Legislature authorized a design engineering service agreement for the replacement of Cranes Hollow Rd Bridge, BIN#3310320, in the Town of Amsterdam; and

WHEREAS, design for replacement of the structure was completed by AECOM USA and released for bid by RFP#4-24 on March 15, 2024; and

WHEREAS, on April 4, 2024, bids were opened for RFP#4-24 with the following results:

ING Civil - $1,084,240.00

Winn Construction - $1,219,620.00

Jablonski Excavating - $1,263,000.00

Slate Hill Constructors - $1,326,162.75

James H Maloy - $1,374,000.00

WHEREAS, AECOM USA, as Engineer for the project, has recommended project be awarded to ING Civil of Waterveliet, NY as the lowest most responsible responsive bidder, recommendation letter attached as attachment “A”; and

RESOLVED, the Montgomery County Executive is hereby authorized to sign contract with ING Civil for an amount not to exceed $1,084,240.00 upon review and approval of the County Attorney.

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

INCREASE:

A599 Appropriated Fund Balance $1,084,240.00

INCREASE APPROPRIATIONS:

A-06-4-9900-00-9950 Transfer to Capital Projects $1,084,240.00

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Click here for resolution attachment

Statement of Legislative and Financial Impact:

I. Nature of Request:

To award bridge replacement project to the lowest responsible bidder.


II. Justification:

The structure is part of Montgomery County's Commitment to the Capital Bridge Program to update the bridge inventory.

Resolution 145 of 2023 approved design engineering services with construction to be completed in 2024.  Project bids are within the engineers estimate for construction.


III. Legislative Impact:

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


IV. Financial Impact:

Project will require use of fund balance in the amount of $1,084,240.00.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 129 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO AMEND AGREEMENT WITH UTC (DATA)


Resolution by Legislator: Pepe
Seconded by: Kowalczyk

Whereas: Resolution 34 of 2024 authorized UTC to continue work through January 31, 2024 and

Whereas: additional time and funds are needed to finish implementing IT upgrades

Resolved: that the Montgomery Legislature authorizes and directs the Montgomery County Executive to execute an amendment to the contract with UTC Associates, Inc. to increase the contract not to exceed $930,000 for a term through May 31, 2024

Further Resolved, that the Montgomery County Treasurer is authorized and directed to amend the 2024 Operating Budget as follows

Transfer from:

A599    Appropriated Fund Balance 15,000
A-14-4-1680-00-2259      39,000

Transfer to:

A-14-4-1680-00-4438 54,000

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

  Resolution Authorizing the County Executive to Amend the Agreement with UTC Associates, INC


II. Justification:

Additional work is necessary to finish implementing the IT upgrades that are currently being rolled out.


III. Legislative Impact:

Authorized pursuant to Articles 2 and 3 of the Montgomery County Charter


IV. Financial Impact:

Transfer of funds no effect on fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 130 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN INTERMUNICIPAL AGREEMENT FOR LEACHATE DISPOSAL WITH THE VILLAGE OF CANAJOHARIE (PUBLIC WORKS)


Resolution by Legislator: Purtell
Seconded by: Kelly

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 the other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage plant, and the Village of Canajoharie operates such plant; and

WHEREAS, the Village of Canajoharie currently accepts the leachate generated by the landfills; and

WHEREAS, the current contract with the Village of Canajoharie which sets forth the terms and provisions for the acceptance of the leachate generated by the landfills for treatment (hereinafter referred to "Leachate Agreement") is about to expire; and

WHEREAS, Montgomery County and the Village of Canajoharie are municipal corporations; and

WHEREAS, Montgomery County and the Village of Canajoharie 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 review and approval of the County Attorney, to sign the Leachate Agreement, which is an Intermunicipal agreement for leachate disposal, with the Village of Canajoharie for a term of one year at a rate of .0325 cents per gallon up to two million gallons, and .0225 cents per gallon after.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing the County Executive to sign the Leachate Agreement with the Village of Canajoharie.


II. Justification:

Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management, which requires Montgomery County to provide post closure services and bill the other counties.  The contract currently in place to dispose of leachate for the landfills with the Village of Canajoharie is about to expire and needs to be renewed or other arrangements made.


III. Legislative Impact:

Pursuant to General Municipal Law 119-o, municipal corporations have the power to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis.  Pursuant to Article 3 of the Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.


IV. Financial Impact:

Costs are paid jointly by Otsego, Schoharie and Montgomery Counties, and have been included in 2024 Operating Budget.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 131 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE DEPARTMENT OF LAW TO ENTER INTO COOPERATIVE AGREEMENTS WITH THE DEPARTMENT OF SOCIAL SERVICES (COUNTY ATTORNEY)


Resolution by Legislator: Purtell
Seconded by: Pepe

WHEREAS, there has been a necessity for additional legal services at the Department of Social Services; and

WHEREAS, it is necessary to engage the services of the Department of Law through cooperative agreements; and

WHEREAS, it would be beneficial for both Departments to enter into these cooperative agreements.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs the Montgomery County Executive, the Montgomery County Commissioner of Health and Human Services and the Montgomery County Attorney to execute Cooperative Agreements for the provision of legal services to the Department of Social Services from January 1, 2024- December 31, 2024.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AUTHORIZING THE DEPARTMENT OF LAW TO ENTER INTO  COOPERATIVE AGREEMENTS WITH THE DEPARTMENT OF SOCIAL SERVICES


II. Justification:

There has been a necessity for additional legal services at the Department of Social Services and it is necessary to engage the services of the Department of Law through  cooperative agreements.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Should result in a partial reimbursement of the County Attorney and Assistant County Attorneys' salaries.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 132 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - 2023 STATEWIDE INTEROPERABLE COMMUNICATIONS GRANT PROGRAM (SHERIFF)


Resolution by Legislator: Kowalczyk
Seconded by: Wilson

WHEREAS, the Sheriff has been awarded a grant totaling $407,620 from the 2023 SICG Statewide Interoperable Communications Grant Program; and

WHEREAS, the funding has been approved by the State to make improvements pertaining to our Emergency Communications System.  This includes Fire, EMS, Law Enforcement, DPW and our Schools.

RESOLVED, the Montgomery County Executive is authorized and directed to sign necessary paperwork to accept the grant totaling $407,620.00 from the 2023 SICG Statewide Interoperable Communications Grant Program; and

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

INCREASE REVENUES:     
     
A-15-3-3389.02  Pub Safety Com Sys $407,620.00
     
INCREASE APPROPRIATIONS:     
     
A-15-4-3020-01-.2250 Technical Equipment  $367,620.00
A-15-4-3020-01-.2260 Other Equipment $40,000.00
     

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - 2023 STATEWIDE INTEROPERABLE COMMUNICATIONS GRANT PROGRAM


II. Justification:

The 2023 SICG Grant will support the purchase of Radio and Essential Equipment for mobile equipment and Radio Towers.


III. Legislative Impact:

Pursuant to section 2.04 (b) of the Charter the Montgomery County Legislature has the power to make appropriations.


IV. Financial Impact:

There is no financial impact for this resolution request as this grant is a zero match, however it does allow us to purchase necessary equipment at this time without the use of any county funds!



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 133 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - GIFTS AND DONATIONS (SHERIFF)


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

WHEREAS, the Sheriff has recommended training a new DARE Instructor Deputy to assist our current Deputy with the trainings and;

WHEREAS, gifts and donations have been made to the Sheriff’s Office to completely cover the cost of this DARE training.

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

INCREASE REVENUES:    
     
A-15-3-2705  Gifts and Donations $1,005.00
     
INCREASE APPROPRIATIONS:    
     
A-15-4-3110-00.4446 Food $295.00
A-15-4-3110-00.4455 Trainig $600.00
A-15-4-3110-00.4470 Travel 110.00

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - GIFTS AND DONATIONS (SHERIFF)


II. Justification:

We currently provide DARE Education at the Fonda-Fultonville, Canajoharie, Fort Plain and OESJ School Districts and are in need of another Deputy to be trained to teach the Program.


III. Legislative Impact:

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


IV. Financial Impact:

No financial impact, all of this money was donated to the Sheriff's Office



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 134 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - 2023 PUBLIC SAFETY ANSWERING POINT(PSAP) GRANT PROGRAM (SHERIFF) 


Resolution by Legislator: Wilson
Seconded by: Kowalczyk

WHEREAS, the Sheriff has been awarded a grant totaling $178,052 from the 2023 Public Safety Answering Point (PSAP) Grant Program; and

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

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

RESOLVED,  the Montgomery County Executive, upon review and approval of the County Attorney,  is authorized and directed to sign the 2023 PSAP Grant in an amount totaling $178,052.00; and

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

INCREASE REVENUES:     
A-15-3-3389.14.01  State Aid Other Public Safety $178,052.00
     
INCREASE APPROPRIATIONS:     
A-15-4-3020-01-.4425 Maintenance Agreement $142,404.00
A-15-4-3020-01-.4449 Special Supplies $4,698.00
A-15-4-3020-01-.4455  Training  $2,900.00
A-15-4-3020-01-.4459 Computer Software $28,050.00

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - 2023 PUBLIC SAFETY ANSWERING POINT(PSAP) GRANT PROGRAM (SHERIFF) 


II. Justification:

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


III. Legislative Impact:

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


IV. Financial Impact:

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



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 135 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING 2024 OPERATING BUDGET WITH E-911 RESERVE FUNDS (SHERIFF)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, E-911 Reserve Funds are created from 911 surcharges and set aside specifically to handle anything 911 related; and

WHEREAS, said E-911 Funds are requested to be used to purchase EMS Equipment to up fit the new Ambulance and assist constituents when they dial 911 for an emergency.

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

INCREASE REVENUES:    
A511 Appropriated Reserve-E-911 $83,971.28
     
INCREASE EXPENDITURES:    
A-15-4-3020-14-2250  Technical Equipment $83,971.28

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING 2024 OPERATING BUDGET WITH E-911 RESERVE FUNDS


II. Justification:

The new Ambulance is supposed to arrive at the end of April and we want to be able to up fit this Ambulance with the necessary equipment that will allow us to have two ambulances to respond to emergencies 


III. Legislative Impact:

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


IV. Financial Impact:

The only financial impact is the decrease in the E-911 reserve fund, the benefit is this is exactly what the money is there for.  



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 136 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION ESTABLISHING THE POSITION OF LAW SCHOOL INTERN(S) AND AMENDING 2024 OPERATING BUDGET (DISTRICT ATTORNEY)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the Montgomery County District Attorney's Office has an opportunity to educate college students and involve them in local government through the provision of select internships; and

WHEREAS, interns benefit Montgomery County by performing tasks and offering assistance to Montgomery County employees; and

WHEREAS, Montgomery County District Attorney respectfully requests the creation of a part-time intern to work on a temporary basis beginning on or about May 28, 2024 for 10 weeks at a rate of pay of $20.00 hr grade Q in the Non-Bargaining unit and not to exceed $5,000.00 each; and

BE IT RESOLVED that the Montgomery County Legislature hereby establishes the position of one Intern PT for the District Attorney to work on a temporary basis beginning on or about May 28, 2024 for 10 weeks at a rate of pay of $20.00 hr grade Q in the Non-Bargaining unit not to exceed $5,000.00; and

BE IT RESOLVED that the Montgomery County Legislature hereby establishes the position of one Intern PT for the District Attorney to work on a temporary basis beginning on or about May 28, 2024 for 10 weeks at a rate of pay of $20.00 hr grade Q in the Non-Bargaining unit not to exceed $5,000.00; and

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

TRANSFER FROM:

A-25-4-1165-00-.1100 (133) Assistaqnt Distric Attorney $10,000.00

TRANSFER TO:

A-25-4-1165-00-.1100 (new) Law School Intern $10,000.00

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ESTABLISHING INTERN POSITIONS AND AMENDING THE 2024 OPERATING BUDGET


II. Justification:

TO EDUCATE YOUTH ABOUT MUNICIPAL GOVERNMENT WHILE SIMULTANEOUSLY ASSISTING COUNTY PERSONNEL WITH PROJECTS.


III. Legislative Impact:

PURSUANT TO ARTICLE 2 OF THE CHARTER, THE MONTGOMERY COUNTY LEGISLATURE HAS THE AUTHORITY TO ESTABLISH POSITIONS OF EMPLOYMENT AND MAKE APPROPRIATIONS.


IV. Financial Impact:

Contingency funds will be used for this position.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 137 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - ESTABLISHING POSITION OF CRITICAL CARE TECHNICIAN - PART TIME (SHERIFF)


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

WHEREAS, the Sheriff hereby requests to add the title of Critical Care Technician utilizing the funds from the already established PT bulk line 628; and

WHEREAS, the Critical Care Technician will enable better operations for the County Ambulance and assist with its' Advanced Life Support Service; and

WHEREAS, the position of Critical Care Technician PT will have an hourly rate of $25.00 for 2024 and will be paid from line 628; and

RESOLVED, the Montgomery County Legislature hereby authorizes and creates the position of Critical Care Technician PT hourly rate of $25.00.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - ESTABLISHING POSITION OF CRITICAL CARE TECHNICIAN - PART TIME


II. Justification:

After review, a Critical Care Technician would bridge the gap between EMT and Paramedic


III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter, the Montgomery County Legislature has the authority to amend the operating budget and establish positions of employment.


IV. Financial Impact:

There is no financial impact and no funds need to be moved as line 628 a bulk part time line already exist.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 138 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - K9 (SHERIFF)


Resolution by Legislator: Kowalczyk
Seconded by: Purtell

WHEREAS, the Sheriff has accepted donations for the K-9 program which will help with the purchase of a new K-9 ; and

WHEREAS, gifts and donations have been made to the Sheriff’s Office to completely cover the cost of said K-9.

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

INCREASE REVENUES:    
     
A-15-3-2705  Gifts and Donations $11,000.00
     
INCREASE APPROPRIATIONS:    
     
A-15-4-3110-00.4587 K-9 & K-9 Supplies $11,000.00

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING THE 2024 OPERATING BUDGET - K9 (SHERIFF)


II. Justification:

The Sheriff's Office has received cash donations towards the purchase of a new K-9 and equipment needed for said K-9.


III. Legislative Impact:

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


IV. Financial Impact:

No financial impact, all of this money was donated to the K-9 program.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 139 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2024) - A LOCAL LAW ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY (COUNTY LEGISLATURE)


Resolution by Legislator: Pepe
Seconded by: Purtell

WHEREAS, the Montgomery County Legislature has adopted Resolution 107 of 2024 ,and

WHEREAS, The District Attorney salary has been adjusted effective April 1, 2024 to $232,600.00 from $200,400.00; and

WHEREAS, per county policy, this position is also entitled to 35% of the Health Insurance Premium if Health Insurance is not elected; and

RESOLVED, that Local Law 3 of 2024 hereby is adopted and is incorporated as follows: “A LOCAL LAW ESTABLISHING BASE SALARY OF THE DISTRICT ATTORNE ”

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

SECTION 1.

The base salary of the District Attorney shall be amended to $232,600 in accordance with State law. 

SECTION 2.

This Local Law is subject to a permissive referendum, and will be submitted to a vote of qualified electors of the County of Montgomery, if, within 45 days after the date of which it was so adopted, there is filed with the Clerk of the Montgomery County Legislature a petition protesting against this Local Law, signed and authenticated as required by Section 24 of Municipal Home Rule Law, by qualified electors of Montgomery County registered to vote therein at the last preceding general election, in number equal to at least ten per centum of the total number of votes cast for Governor at the last gubernatorial election held in said County.

Section 3:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 4:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 5:

This law shall be effective upon filing with the Secretary of State.

FURTHER RESOLVED, that the Clerk of the Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION VOTE, passed with Aye(7). Legislator Kelly voted Nay. Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

To amend the 2024 Operating Budget for the mandated salary increase for the District Attorney.


II. Justification:

As required by Section 24 of Municipal Home Rule Law

Under Judiciary Law §183-1 the full time District Attorney Salary is tied to the NYS Supreme Court Justice salary.

District Attorney Position entitled to 35% of the Health Insurance Premium if Health Insurance is not elected.


III. Legislative Impact:

Pursuant to Article 2 of the Charter the Montgomery County Legislature has the power to enact this policy.

 


IV. Financial Impact:

Funds have been approved via resolution 107 of 2024.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 140 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING 2024 OPERATING BUDGET - CARRYING OVER ENCUMBERED FUNDS FOR PROJECTS APPROVED IN THE 2023 BUDGET YEAR (PERSONNEL)


Resolution by Legislator: Wilson
Seconded by: Majewski

WHEREAS, Resolutions 127 of 2023 authorized the County Executive to enter in to a contract with Linstar for a countywide upgrade to our secured access points throughout our buildings and

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

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

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

 

INCREASE REVENUE:

A599    Appropriated Fund Balence   $96,662.67

 

INCREASE APPROPRIATIONS:

A-10-4-1430-00-.4459 Computer Software $6,655.10
A-10-4-1430-00-.4431 Professional Services $90,007.57

 

 

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING 2024 OPERATING BUDGET - CARRYING OVER ENCUMBERED FUNDS FOR LINSTAR DOOR PROJECTS APPROVED IN THE 2023 BUDGET YEAR.


II. Justification:

Funds need to be included in 2024 budget and removed from fiscal closing for expenditures to take place.


III. Legislative Impact:

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


IV. Financial Impact:

Funds for appropriations have already been budgeted for and encumbered.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 141 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION AMENDING 2024 OPERATING BUDGET (PERSONNEL)


Resolution by Legislator: Sweet
Seconded by: Purtell

WHEREAS, ARPA funds were originally awarded to pay for renovating rooms 111 and 214 at the County Office building; and

WHEREAS, it was determined that a portion of these ARPA funds should be made available for other uses; and

WHEREAS, the balance of ARPA funding the room 111 and 214 need to be carried over into 2024.

WHEREAS, it is necessary to appropriate funds to complete the project. 

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

INCREASE:

A599 Appropriated Fund Balance              $50,000
A-06-3-4089 Federal Aid-Other $36,033

INNCREASE:

 A-10-4-1430-00-4409 Furniture $27,864
 A-10-4-1430-00-4421  Property Lease Repair

$58,169

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION AMENDING 2024 OPERATING BUDGET (PERSONNEL)


II. Justification:

It was determined that ARPA funds should be made available for other uses


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

$86,033 of fund balance.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 142 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTION GRANTING ANOTHER $50,000 OF AMERICAN RESCUE PLAN FUNDS TO LIBERTY ARC (COUNTY LEGISLATURE)


Resolution by Legislator: Purtell
Seconded by: Sweet

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, Liberty ARC is seeking a grant to support New Dimensions, a 501 (c) 3 non-profit corporation that was established in 1996 to assist the underserved with dental services; and

WHEREAS, COVID-19 impacted the ability for qualified health clinics that provide dental care to low-income residents to find adequate staffing; and

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that a grant to Liberty ARC to assist with the underserved getting dental care is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the Liberty ARC, in the amount of $50,000 to assist the underserved with dental services; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to execute any necessary grant documents to implement this resolution; and 

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

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

RESOLUTION VOTE, passed with Aye(7). Legislator Pepe voted Nay. Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION GRANTING $50,000 OF AMERICAN RESCUE PLAN FUNDS TO LIBERTY ARC (COUNTY LEGISLATURE)


II. Justification:

Liberty ARC is seeking a grant to support New Dimensions, a 501 (c) 3 non-profit corporation that was established in 1996 to assist the underserved with dental services


III. Legislative Impact:

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


IV. Financial Impact:

 

 

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



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 143 of 2024

DATED: April 23, 2024

RECOMMENDATION:
     

RESOLUTON SETTING THE DATE AND TIME OF A SPECIAL MEETING TO DESIGNATE A COUNTY EXECUTIVE (COUNTY LEGISLATURE)


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

WHEREAS, there has been a resignation in the office of County Executive; and

WHEREAS, Section 3.06 of the Montgomery County Charter grants the authority to designate a qualified elector to serve as County Executive until the position is filled at the next general election; and

WHEREAS, it is necessary to schedule a Special Meeting for the Montgomery County Legislature to fulfill this duty.

 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby sets a Special Meeting date on May 7, 2024 at 6:00 pm in the Legislative Chambers, 64 Broadway, Fonda NY.

FURTHER RESOLVED, the Clerk of the Legislature shall give notice of this Special Meeting.

MOTION TO AMEND by Legislator Headwell, Jr., seconded by Legislator Pepe, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTON SETTING THE DATE AND TIME OF A SPECIAL MEETING TO DESIGNATE A COUNTY EXECUTIVE (COUNTY LEGISLATURE)


II. Justification:

It has been announced that there will be a vacancy in the position of County Executive effective May 1, 2024.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

No appropriations are necessary.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 144 of 2024

DATED: April 22, 2024

RECOMMENDATION:
     

RESOLUTION SCHEDULING PUBLIC HEARING - MONTGOMERY COUNTY ALL-HAZARD MITIGATION PLAN 5-YEAR UPDATE (ECONOMIC DEVELOPMENT/PLANNING)


Resolution by Legislator: Kelly
Seconded by: Purtell

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 pm, on May 7, 2024, in the Chambers of the County Legislature, County Office Building, Fonda, New York.

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Headwell, Jr., passed with Aye(8). Legislator Majewski was absent. (4/23/2024)

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Schedules Public Hearing for Montgomery County Hazard Mitigation Plan


II. Justification:

Program requirements include the provisions for public participation.


III. Legislative Impact:

Authorized pursuant to article 2 of the charter.


IV. Financial Impact:

Cost of Public Hearing Notice Est. $20



cc: County Clerk
County Treasurer