RESOLUTION NO. 180 of 2024 DATED: July 23, 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, Montgomery County has been awarded an amount up to $150,000 to prepare an update to the 2016 Montgomery County Multi-Jurisdictional All-hazard Mitigation Plan and Culvert Asset Management Plan; and 

WHEREAS, Montgomery County per Resolutions 199 of 2021 and 130 of 2022 authorized the acceptance of said grant funds; and 

WHEREAS, Resolutions 70 and 223 of 2022  and authorized the entering into a contract with T&B Engineering and Landscape Architecture, P.C to prepare said plan update and Culvert Asset Management Plan; and 

WHEREAS, T&B Engineering took on extra work associated with development of said plan due to three communities which opted in after the initial draft plan was completed which resulted in addition costs of $9,000.

RESOLVED, the County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign an amended contract in the amount not to exceed $159,000 with T&B Engineering and Landscape Architecture, P.C. to undertake the preparation of the Montgomery County Multi-Jurisdictional Multi-Hazard Mitigation Plan Update and a Culvert Asset Management Plan.

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

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 181 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Youth Bureau promotes the physical, emotional and social well-being of youth and families in our community and is committed to helping young people grow up healthy, caring and responsible through positive youth development, the Montgomery County Youth Bureau supports this initiative as a means to educate our youth on the importance of agriculture in our community; and

WHEREAS, this is the 183rd year of the Montgomery County Fonda fair, one of the largest tourist attractions in Montgomery County; and

WHEREAS, the Montgomery County Agricultural Society runs the fair; and

WHEREAS, the fair is a showcase to the public of the bountiful harvest of Montgomery County farmers; and

WHEREAS, the Montgomery County Ag Society has agreed to accept a flat rate of $7,500 a day to pay for all youth who may attend the fair on Wednesday, August 28th and Friday, August 30, 2024; and 

WHEREAS, allowing the youth of Montgomery County to attend free-of-charge on  Wednesday, August 28 and Friday, August 30, 2024 promotes a fun-family experience in the heart of Montgomery County.

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive to enter into an agreement with the Montgomery County Agricultural Society to pay a flat rate in return for all youth being given free admission to the fair on Wednesday, August 28th and Friday, August 30, 2024 promoting Youth Days.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to disburse $15,000.00 to the Montgomery County Agricultural Society the Youth Bureau Outreach Program

Transfer From:   A599    Appropriated Fund Balance - $15,000.00

Transfer To:       A-21-4-7310-00-.4559  - $15,000.00

MOTION TO TABLE by Legislator Pepe, seconded by Legislator Headwell, Jr., passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and VACANT were absent. (8/27/2024)

RESOLUTION VOTE, passed with Aye(6). Legislator Kelly abstained. Legislators Allen and VACANT were absent. (8/27/2024)

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RESOLUTION NO. 182 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, in accordance with The Workforce Innovation and Opportunity Act of 2014 (WIOA) (P.L. 113-128) , the Counties of Fulton, Montgomery, and Schoharie entered into an agreement as described in WIOA to organize and implement activities pursuant to WIOA and in accordance with requirements established by the Governor of the State of New York (Governor) for purposes of implementing programs and services under WIOA; and

WHEREAS, the membership of the WDB shall be appointed by the Chief Local Elected Officials (CLEO); and

WHEREAS, each CLEO shall appoint an equal number of Workforce Development Board members; and

WHEREAS, there shall be four public sector and five private sector members appointed by each CLEO; and

WHEREAS,  all of the mandatory representatives listed under WIOA Section 107 will be represented; and

WHEREAS,  the current board consists as follows:

RESOLVED, the Montgomery County Legislature hereby confirms the following appointment and term of respresentatives to the Fulton, Montgomery and Schoharie Workforce Development Board  effective immediately:

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 183 of 2024 DATED: July 23, 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 & Historic Preservation’s (OPRHP) Boating Infrastructure Grant Program 2024 round to replace/install boat docks in the Village of St. Johnsville, the Village of Canajoharie and the Village of Fonda and the Village of Fultonville;

WHEREAS; $800,000 is being requested from New York State Office of Parks Recreation & Historic Preservation’s Boating Infrastructure Grant Program; and

WHEREAS, the grant being applied for carries a 25% match of the overall project costs of up to $800,000; and

WHEREAS,  the 25% match will be met by utilitzing in-kind services and occupancy tax to minimize the county's financial burden; 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 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 Boating Infrastructure Grant Program 2024 round to replace/install boat docks in the Village of St. Johnsville, the Village of Canajoharie and the Village of Fonda.

MOTION TO AMEND by Legislator Sweet, seconded by Legislator Headwell, Jr. to change the second Whereas clause from

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation & Historic Preservation’s (OPRHP) Boating Infrastructure Grant Program 2024 round to replace/install boat docks in the Village of St. Johnsville, the Village of Canajoharie and the Village of Fonda and

to

WHEREAS, Montgomery County desires to apply to the New York State Office of Parks Recreation & Historic Preservation’s (OPRHP) Boating Infrastructure Grant Program 2024 round to replace/install boat docks in the Village of St. Johnsville, the Village of Canajoharie and the Village of Fonda and;the Village of Fultonville

;passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent.(7/23/2024)

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 184 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, by Resolution 153 of 2024, the Dept. of Public Works held the County’s Annual Surplus Equipment Auction, raising $61,024.50 in revenues; and

WHEREAS, revenue received totaling $61,024.50 was deposited as deferred revenue with the County Treasurer; and

WHEREAS, there is a need to repair and replace equipment within County Departments.

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

INCREASE REVENUES

INCREASE APPROPRIATIONS

MOTION TO AMEND by Legislator Sweet, seconded by Legislator Pepe, to change:

INCREASE REVENUES

INCREASE APPROPRIATIONS

NCREASE REVENUE

INCREASE APPROPRIATIONS

NCREASE REVENUE

INCREASE REVENUE

To:

INCREASE REVENUES

INCREASE APPROPRIATIONS

To change:

Increase of revenue is from the sale of surplus equipment and will be used to repair and replace equipment.

To:

Pursuant to Highway Law Section 133 proceeds from the sale of highway equipment must be credited to the road machinery fund. The items sold at this auction were tractors and other highway equipment.  One truck from the post closure account was sold and the funds were intended to be used to offset the purchase of the new vehicle for the landfill which was done by a previous resolution.  The proceeds from the sales of sheriff’s equipment and DSS equipment are placed back into their lines.

passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent.(7/23/2024)

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 185 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, Resolution #50 of 2024 authorizes the renewal of insurance coverage for the Montgomery County Sanitary District No.1 at a cost not to exceed $27,826.53; and

Whereas, the Sanitary District received delivery of a new 2024 Ford F350 pickup truck and plow which caused and increase in premium due to the purchase price of the vehicle; and

WHEREAS, additional funds are needed to cover the cost of the increased auto policy premium that insures the Sanitary Districts'.

RESOLVED, Montgomery County Legislature hereby approves a transfer of funds as follows to cover the additional cost in the Sanitary Districts' auto policy premium as follows:

TRANSFER FROM:

TRANSFER TO:

FURTHER RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to effectuate the transfer of funds to cover the increased auto premium.

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 186 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Public Defender's Office has been advised by NYS ILS that a grant has been awarded to the Public Defender's Office to improve the quality of services provided to indigents of Montgomery County; and

WHEREAS, the total amount of grant: 2nd Statewide Hurrell-Harring is $3,526,125.69 with a 3 year distibution of $1,150,835.44; 1,174,726.78; 1,200,563.58 respectively; and

WHEREAS, the funds can only be used for the Public Defender's Office, as set forth within the contract.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Executive, upon review and approval of the County Attorney, to accept and sign NYS ILS Grant: Distribution 2nd Statewide Hurrel-Harring as set forth above, and any future extensions extending the term.

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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II. Justification:

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RESOLUTION NO. 187 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; and

WHEREAS, Sheriff’s Office is seeking funds to acquire two speed trailers for each part of the County to assist with traffic safety; and

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs using $19,000 of American Rescue Plan funds for the purchase of two speed trailers; 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(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/24/2024)

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RESOLUTION NO. 188 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Department of Social Services has received funding administered by OCFS, through the American Rescue Plan Act: Grants to Enhance Adult Protective Services administered by the Administration for Community Living (ACL); and

WHEREAS, the Commissioner of Health & Human Services has reviewed a list of allowable identified expenditures for this federal grant and has determined that the Adult Protective Unit is in need of an additional vehicle for transporting clients and staff; and

WHEREAS, it is necessary to transfer the funding from the original line item to purchase said vehicle; and be it

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

TRANSFER FROM:

TRANSFER TO:

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 189 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, Berkshire Farm Center & Services for Youth, which had previously entered into various contracts and agreements with the Department of Social Services, has officially changed its name to Together for Youth; and

WHEREAS, it is necessary to amend the existing contracts and agreements to reflect the name change to ensure legal consistency and operational clarity between the parties; and

WHEREAS, the following contracts and agreements need to be amended:

• Enhanced Stepping Stones Program (Resolution 251 of 2023), an intensive home and community based JD Diversion program that serves 15-17 year olds involved in the juvenile justice system that are transitioning back to their community to reduce the risk of future contact with the juvenile justice system.
• Stepping Stones Program (Resolution 252 of 2023), an alternative to detention program which offers intensive crisis intervention with the goal of reducing the county’s need to place youth in detention facilities.
• Home Run and Turnabout Prevention Programs (Resolution 291 of 2023), programs that are designed to identify at-risk children due to school-related issues and difficulties with family functioning, specifically truancy.
• Foster Care Services Agreement (Resolution 102 of 2024) – agreement with child care facilities to provide services to our foster care and/or behavioral children in Montgomery County.
• Qualified Individual (QI) Assessment Services - agreement for the provision of independent assessments of children in foster care placed in Qualified Residential Treatment Programs (QRTP) to determine whether placement is appropriate. 

WHEREAS, all other terms and conditions of the above agreements will remain unchanged; and be it

RESOLVED, that the Montgomery County Executive is authorized and directed, upon review and approval of the County Attorney, to sign the five amendments listed above to change the agency name of Berkshire Farm Center & Services for Youth to Together for Youth.

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 190 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Mental Health Department employees participate in Random Moment Time Studies (RMTS) , and NYS Office of Mental Health (OMH) uses results from these RMTS to determine a county's share of Federal Medicaid Salary Sharing funds; and

WHEREAS, the Montgomery County Mental Health Department has qualified for Federal Salary Sharing Funding for quarter 4 of 2021 and quarter 1 of 2022,that was paid to county June 7, 2024 via Receipt # 169261.

RESOLVED, that 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(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 191 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Health Department has been awarded a newly established Lead Rental Registry Grant Contract # C39926 for a five year period to begin 04/01/24 through 03/31/29 with an annual budget of $516,800; and

WHEREAS, the NYS Department of Health has instructed counties to establish new positions to coordinate and handle tasks required by said grant funds; and

WHEREAS, the Public Health Director has in a separate resolution before the board, respectfully requested the addition of two (2) Public Health Program Coordinator to assist in the aforementioned duties.

RESOLVED, the Montgomery County Legislature hereby accepts the newly established Lead Rental Registry Grant Contract # C39926 for a five year period to begin 04/01/24 through 03/31/29 with an annual budget of $516,800; and

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

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

INCREASE REVENUES:

A-16-3-3401-53                     Public Health Grant - Lead Rental Registry Grant     $516,800.00

INCREASE APPROPRIATIONS:

A-16-4010-53-4490                Public Health Grant - Special Costs                           $516,800.00

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 192 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Montgomery County Health Department has received Lead Rental Registry Grant funding which is new for 2024; and

WHEREAS, New State program Initiative coupled with receiving this funding has created the need to re-evaluate of positions within the department; and

WHEREAS, the Public Health Director has determined that there is a need to add two (2) Public Health Program Coordinator to accomplish the added responsibilities in regard to the Lead Rental Registry and other State initiatives; and

WHEREAS, to make these necessary changes, the Lead Rental Registry Grant will be used to fund one of the additional Public Health Program Coordinator's; and

WHEREAS, in order to further fund the creation of the positions, the Public Health Director recommends the elimination of one (1) Community Health Nurse; and

RESOLVED, the Montgomery County Legislature authorizes the creation of two (2) Public Health Program Coordinators, grade N, in the CSEA bargaining agreement at a base salary for 2024 of $57,680 each; and

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

NCREASE REVENUES AND TRANSFER FROM :

INCREASE APPROPRIATIONS AND TRANSFER TO:

RESOLUTION VOTE, was defeated with Aye(4). Legislator Headwell, Jr. voted Nay. Legislators Allen, Wilson, Majewski and VACANT were absent. (7/24/2024)

MOTION TO RECONSIDER by Legislator Headwell, Jr., seconded by Legislator Kelly, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/24/2024)

MOTION TO TABLE by Legislator Kelly, seconded by Legislator Sweet, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/24/2024)

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and VACANT were absent. (8/27/2024)

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and VACANT were absent. (8/27/2024)

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RESOLUTION NO. 193 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, negotiations for a successor employment agreement with Montgomery County Sheriff's Corrections Unit, International Brotherhood of Teamsters, Local 294 has been conducted; and

WHEREAS, the parties reached a Memorandum of Agreement for a period commencing on 1/1/2024 through 12/31/2027 which includes retroactivity for those on payroll at time of ratification by the legislature; and

WHEREAS, the Memorandum of Agreement has been ratified by the Montgomery County Sheriff's Corrections Unit, International Brotherhood of Teamsters, Local 294; and

WHEREAS, the total cost of the four year agreement is $622,977.00 This amount includes a market adjustment to base salary, retroactivity, estimated overtime and shift differential for 2024 in the amount of $344,586.00, a 3.25% increase for 2025 and 2026 and a 3.50% increase for 2027; and

RESOLVED, that the Montgomery County Legislature hereby ratifies and approves the Memorandum of Agreement between the County of Montgomery and the Montgomery Sheriff's Corrections Unit, International Brotherhood of Teamsters, Local 294 for the period of 1/1/2024 through 12/31/2027 with retroactivity back to 1/1/2024 for those on payroll at time of ratification by the legislature; and be it

FURTHER RESOLVED, that the County Executive, upon review and approval of the County Attorney is hereby authorized to sign the Memorandum of Agreement Incorporating said Memorandum of Agreement, with Corrections Officers for the period of January 1 2024 through December 31, 2027.

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

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 194 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, the Fulton-Montgomery Community College Board of Trustees has presented Fulton and Montgomery County, the sponsoring counties, with a 2024-2025 budget request, proposing a total FMCC budget of $15,385,889; and

WHEREAS, a public hearing related to the adoption of said FMCC Budget was held on July 23, 2024; and

WHEREAS, that the amount to be appropriated by the County of Montgomery, as its sponsor share of said Budget, shall be $ 1,695,821, which is 11% of the Operating Budget.

NOW, THEREFORE BE IT

RESOLVED, that said sponsor’s share shall be included in the Montgomery County Operating Budget for 2025, as provided for in Section 6304 of the Education Law of the State of New York; and be it 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(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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RESOLUTION NO. 195 of 2024 DATED: July 16, 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 June 25, 2024, through July 16, 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(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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II. Justification:

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RESOLUTION NO. 196 of 2024 DATED: July 23, 2024 RECOMMENDATION:

WHEREAS, Resolution 52 of 2023, authorized the County Executive, to sign a contract with T&B Engineering and Landscape Architecture, P.C. to undertake the preparation of the Montgomery County Multi-Jurisdictional Multi-Hazard Mitigation Plan Update and said funds were included in the 2023 Operating Budget; and 

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

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

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

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2024 Operating Budget to continue to receive and provide for grant funding to allow for completion of the Multi-Jurisdictional Multi –Hazard Mitigation Plan Update as follows:

RESOLUTION VOTE, passed with Aye(5). Legislators Allen, Wilson, Majewski and VACANT were absent. (7/23/2024)

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