RESOLUTION NO. 168 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the importance of protecting its natural resources, the increased need for recreational opportunities and the protection of its valuable structures, assets and environment; and

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2024 round to develop a plan for extending the existing Chuctanunda Creek Trail out of the City of Amsterdam through the Town of Amsterdam and into the Village of Hagaman; and

WHEREAS, Montgomery County is best positioned as the applicant for this project because the trail extension would encompass three municipalities and enhance a county outdoor amenity, while also connecting more of the community and region to the Empire State Trail; and

WHEREAS, Montgomery County has developed an application to the New York State Office of Parks, Recreation and Historic Preservations Environmental Protection Fund for a study to extend the Chuctanunda Creek Trail; and

WHEREAS, $52,500 is being requested from New York State Office of Parks, Recreation and Historic Preservations Environmental Protection Fund, with $17,500 as the County share of the project, with $5,000 being in-kind professional services, and

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 113 Park Drive, PO Box 277, Fultonville, New York, 12072; and

NOW, THEREFORE BE RESOLVED, that the Montgomery County Legislature supports the efforts of Montgomery County’s CFA application submission for the 2024 round; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant application be submitted through the New York State Office of Parks Recreation and Historic Preservation’s Environmental Protection Fund through the state's Consolidated Funding Application (CFA) 2024 round to develop a plan for extending the existing Chuctanunda Creek Trail out of the City of Amsterdam through the Town of Amsterdam and into the Village of Hagaman.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 169 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the need for balance between economic development, and historical interpretation; and

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation & Historic Preservation’s (OPRHP) Environmental Protection Fund and Empire State Development Capital Improvement Grants for Pro-Housing Communities Program through the state’s Consolidated Funding Application (CFA) 2024 round to create/develop the interpretive trail along the Canajoharie waterfront along with a public park and;

WHEREAS, one of the stipulations of the Letter of Resolution from OPRHP was the creation of an interpretive walk in conjunction with the development of a green space/walking path along Canajoharie Creek which will chronicle the history, development and significance of the Beech-Nut complex;

WHEREAS; up to $675,000 is being requested from New York State Office of Parks Recreation & Historic Preservation’s Environmental Protection Fund and Empire State Development Capital Improvement Grants for Pro-Housing Communities Program; and

WHEREAS, the grant being applied for carries a 50% match of the overall project costs of up to $675,000; and

WHEREAS, the administration of any grant will be completed by the Montgomery County Business Development Center, 113 Park Drive, PO Box 277, Fultonville, New York 12071;

NOW, THEREFORE BE RESOLVED, that the Montgomery County Legislature supports the efforts of the Montgomery County’s CFA application submission for the 2024 round; and

BE IT FURTHER RESOLVED, that they Montgomery County Legislature authorizes and directs that a grant application be submitted through the New York State Office of Parks Recreation & Historic Preservation’s Environmental Protection Fund and also Empire State Development Capital Improvement Grants for Pro-Housing Communities Program through the state’s Consolidated Funding Application (CFA) 2024 round to create/develop the interpretive trail along the Canajoharie waterfront and a public park.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 170 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, per resolution 21 of 2023, the Department of Social Services had received federal funds through the American Rescue Plan Act: Grants to Enhance Adult Protective Services administered by the Administration for Community Living (ACL); and

WHEREAS, the department has requested and been approved for additional funding administered by OCFS in the amount of $25,000, in one-time funding from the American Rescue Plan Act (ARPA) – Grant #2; and

WHEREAS, these funds are made available to provide resources to enhance, improve and expand Adult Protective Services’ (APS) ability to investigate allegations of abuse, neglect and exploitation; and

WHEREAS, the original grant (FFY 22) and the additional funding of $25,000 must be used by September 30, 2024.

NOW, THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes the acceptance of the additional American Rescue Plan Act funding.

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

INCREASE REVENUES:

INCREASE APPROPRIATIONS:

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 171 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, Regulation Number 315.4 of the New York Office of the State Comptroller became effective on August 12, 2009. This regulation more clearly defines the process of reporting elected and appointed officials and adds additional requirements for both employers and officials, and

WHEREAS, this Board pursuant to Resolution No. 140 of July 28, 2015 established the Standard Work Day and Time reporting for full time and part-time elected and appointed officials, and

WHEREAS, such standards are needed to set forth the average number of full-time equivalent (FTE) days worked by such employees, and

WHERAS, the Personnel Officer has surveyed elected and appointed official and has conducted the necessary research based on the 3 month calendars submitted, and

WHEREAS, such standards are needed to set forth the average number of full-time equivalent (FTE) days worked by such employees, and

RESOLVED, that the standard work week for a full-time elected or appointed official is, at minimum, one- half of a standard 35-hour work week, and

FURTHER RESOLVED, that said days credited as noted is listed on a monthly basis, and

FURTHER RESOLVED, that the standard workday for the full-time elected and appointed positions hereby are established at 7 hours per day, and

FURTHER RESOLVED, that the standard workday for the part-time elected and appointed positions hereby are established at 6 hours per day, and

FURTHER RESOLVED, the Montgomery County Legislature does hereby adopt and approve the standards for the “Retirement Days Credited Monthly for Elected/Appointed Part-Time and Full-time Officials” under the New York State Employee’s Retirement System, and

FURTHER RESOLVED, that the New York State Retirement System has requested form RS 2417-A and RS 2417-B to be updated and submitted to the New York State Retirement System by the Clerk of the Legislator, so that it can be audited for compliance and accuracy which will determine the credit of Retirement days for Montgomery County’s part-time and full-time elected and appointed officials.

BE IT FURTHER RESOLVED, that the Clerk of the Legislature publish and post the same as required by law and forward an original certified copy of the resolution to the Office of the New York State Comptroller /New York State and Local Retirement System.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 172 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, in accordance with the Workforce Innovation and Opportunity Act (WIOA) of 2014, Fulton, Montgomery, and Schoharie Counties entered into an agreement prescribed by WIOA to oversee the management of WIOA funding and supported activities coordinated by the Grant Sub-recipient and Fiscal Agent the Fulton Montgomery and Schoharie Counties Workforce Development Board, Inc.; and

WHEREAS, the Chief Local Elected Officials (CLEO) Agreement authorizes the FMS Workforce Development Board to provide planning guidance, monitoring, support, oversight and regulation to ensure the highest quality workforce development system; and

WHEREAS, said CLEO Agreement should be renewed on a yearly basis on July 1 of each year; and

WHEREAS, the CLEO Agreement was recently revised to meet new regulations.

RESOLVED, the County Exeucitive, upon review and approval of the County Attorney, is hereby authorized and directed by the Montgomery County Legislature to sign the Chief Local Elected Officials (CLEO) Agreement between the Counties of Fulton, Montgomery, and Schoharie to meet the requirements of the Workforce Innovation and Opportunity Act; and

FURTHER RESOLVED, this Agreement is effective July 1, 2024 and continues through June 30, 2025.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 173 of 2024 DATED: June 25, 2024 RECOMMENDATION:

Whereas, the Counties of Fulton and Montgomery Industrial Development Agency dissolved many years ago when General Municipal Law 992 was repealed by  L.2014, c. 403; and

Whereas, upon its dissolution any properties under the Counties of Fulton and Montgomery Industrial Development Agency reverted to the counties of Fulton and Montgomery pursuant; and

Whereas, no deeds were ever filed to record this transfer of title.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Attorney is directed to file deeds transferring the following properties to Montgomery County:

Tax Map Parcel No. 56.5-2-57, Church St., Amsterdam, NY

Tax Map Parcel No. 8.16-1-21, Sanders Street, Village of St. Johnsville, NY

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 174 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery Community College Board of Trustees has presented Fulton and Montgomery County, the sponsoring counties, with a 2024-2025 proposal including $15,385,889 of operating fund revenue and $2,472,795 of grant funds for a total budget of $ 17,858,684; and

WHEREAS, a public hearing related to the adoption of said FMCC budget is required prior to approval of said budget by its sponsoring counties;

RESOLVED, the Montgomery County Legislature hereby approves the scheduling of a Public Hearing on the proposed 2024-25 Budget of Fulton-Montgomery Community College for July 23, 2023, at 5:50 pm in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, NY 12068;

FURTHER RESOLVED, the Clerk of the Montgomery County Legislature hereby is directed to cause legal notice of said public hearing to be published according to local law.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 175 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, Catalis maintains probation's case management software and is necessary to maintain probation cases; and

WHEREAS, it is necessary to extend the contract with Catalis for case management software.

BE IT RESOLVED, the Montgomery County Executive, upon review and approval of the County Attorney is authorized and directed to enter into a three year contract with Catalis at a cost of $8,832.54 for year one, $9,274.17 for year two and $9,737.88 for year three.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 176 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, Montgomery County was awarded one million two hundred thousand dollars ($1,200,000.00) through New York State Office of Indigent Legal Services; and

WHEREAS,  funds are to be utilized for office space renovations for the Public Defender’s Office to be located at 9 Park St, Fonda, New York; and

WHEREAS, it is a requirement of the NYS Office of ILS to extend contract to expire on March 31, 2025 and create a budget line funded at 1.2 million dollars which is a reimbursable grant.

RESOLVED, the Montgomery County Legislature accepts the grant extension and funding for renovations to the Public Defender’s Office from NYS Office of Indigent Legal Services; and

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

INCREASE REVENUES

INCREASE APPROPRIATIONS

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly and Kowalczyk voted Nay. Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 177 of 2024 DATED: June 25, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County STOP-DWI program continues to work collaboratively with all police agencies in an effort to help keep Montgomery County's roadways safe; and

WHEREAS, the Montgomery County STOP-DWI program has been awarded additional High Visibility Engagement Campaign (Crackdown) funds in the amount of $10,000 for use in Montgomery County for sobriety checkpoints and/or additional roving patrols during the grant cycle October 1, 2023 through September 30, 2024.

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

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 178 of 2024 DATED: June 25, 2024 RECOMMENDATION:

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

Parcel 141.-2-2, owned by Andrew & Alexa Ragozzino was charged with a school relevy due to an error by the Schoharie Central School District; and

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/25/2024)

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RESOLUTION NO. 179 of 2024 DATED: June 25, 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 May 28, 2024 through June 18, 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 VACANT was absent. (6/25/2024)

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