RESOLUTION NO. 120 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the New York State Energy Research and Development Authority (NYSERDA) designated Montgomery County as a Clean Energy Community; and

WHEREAS, the County was awarded a grant in the amount of $15,000 from the New York State Energy Research and Development Authority (NYSERDA) for clean energy projects; and

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

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

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 121 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, Montgomery County recognizes the threat that natural hazards pose to people and property within Montgomery County; and

WHEREAS, Montgomery County has prepared a multi-hazard mitigation plan, hereby known as Montgomery County Multi-Jurisdiction Natural Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000; and 

WHEREAS, Montgomery County Multi-Jurisdiction Natural Hazard Mitigation Plan 2024 identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in Montgomery County from the impacts of future hazards and disasters; and

WHEREAS, adoption by the Montgomery County demonstrates their commitment to hazard mitigation and achieving the goals outlined in the Montgomery County Multi-Jurisdiction Natural Hazard Mitigation Plan 2024. 

RESOLVED, that the Montgomery County Legislature adopts the Montgomery County Multi-Jurisdication Natural Hazard Mitigation Plan 2024. 

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 122 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Commissioner of Public Works has undergone a review with the Sheriff and determined that certain equipment is surplus and no longer needed for County department use.

RESOLVED, that the following items are authorized to be sold at auction to the highest bidder without further action needed by the Montgomery County Legislature:

LOT ITEMS

• 2017 Ford Taurus, VIN ending in 0092
• 2006 International Dump, VIN ending in 4213
• 2002 John Deere 5105 Tractor, S/N ending 0012
• 2018 Ford Taurus, VIN ending 5731
• 2015 Chevrolet Impala, VIN ending 5275
• 2007 Chevrolet Tahoe, VIN ending 3886
• Miscellaneous Bicycles recovered by Sheriff’s Department
• Miscellaneous Furniture
• Emergency Light Bars
• Boxes of Radios/Switches for emergency lights

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 123 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Superintendent of Montgomery County Sanitary District No. 1 has reviewed the duties and responsibilities of the district with the Personnel Officer and has determined that a reorganization is necessary to effectively staff the facility; and

WHEREAS, the Montgomery County Sanitary District No. 1 Superintendent with the support of the Board of Directors, is desirous of re-establishing line 60 Maintenance Mechanic and line 678 Wastewater Treatment Plant (WWTP) Operator in the 2025 Operating Budget; and

WHEREAS, the positions of Maintenance Mechanic and WWTP Operator are existing titles within the Montgomery County Non-Bargaining Personnel Policy, classified in Group N with a 2025 base salary of $54,417 (Maintenance Mechanic) and Group M with a 2025 base salary of $57,565 (WWTP Operator); and

WHEREAS, upon filling the Maintenance Mechanic Line 60 and WWTP Operator line 678, the district will eliminate two WWTP Operator Trainee positions. within the district’s 2025 operating budget; and

WHEREAS, a transfer of funds is required to implement the requested changes prior to the elimination of the WWTP Operator Trainee positions; and

RESOLVED, the Montgomery County Legislature hereby approves the re-establishment of the Maintenance Mechanic line 60 and WWTP Operator line 678 and eliminate lines 51 and 161 WWTP Operator Trainee for the Montgomery County Sanitary District No. 1; and

FURTHER RESOLVED, the Montgomery County Legislature authorizes and directs the County Treasurer to complete the following budget transfer:

 TRANSFER FROM: 

TRANSFER TO: 

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 124 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, Montgomery County through the Montgomery County Sanitary District No.1 operates a wastewater treatment plant that generates digested sludge which requires treatment/disposal; and

WHEREAS, the Village of Canajoharie is the owner and operator of wastewater treatment facilities which can be used to treat/dispose of said sludge; and

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

WHEREAS, the Sludge Agreement is expected to benefit Montgomery County and the Village of Canajoharie; and

WHEREAS, the Montgomery County Sanitary District No.1 Board of Directors approves of said Sludge Disposal Agreement; and

WHEREAS, the Village of Canajoharie has approved the Sludge Agreement.

NOW THEREFORE IT BE RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, to execute the Sludge Agreement, which is an intermunicipal agreement for sludge treatment/disposal with the Village of Canajoharie at a cost of $0.05 per gallon terminating on May 31, 2026.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

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IV. Financial Impact:

RESOLUTION NO. 125 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature recognizes the need for a dedicated EMS building and garage to house the County’s newly formed EMS division; and

WHEREAS, the purpose of this facility is to provide a staging area and office space for EMS staff to operate and respond from, and a garage to house ambulances and associated emergency response equipment; and

WHEREAS, the County was awarded Congressional Grant Funds through Congresswoman Elise Stefanik in support of this project; and

WHEREAS, the project was publicly bid and the following vendors submitted the lowest, responsive, responsible bids:

• West Winds General Construction of Pattersonville, New York, for General Construction services, in an amount not to exceed $848,840.00;
• Tri-Valley Plumbing & Heating, Inc. of Schenectady, New York, for Plumbing services, in an amount not to exceed $140,124.00;
• Tri-Valley Plumbing & Heating, Inc. of Schenectady, New York, for HVAC services, in an amount not to exceed $136,880.00;
• B&D Industries, Inc. of Rensselaer, New York, for Electrical services, in an amount not to exceed $132,600.00;
• CT Male for Engineering Services in an amount not to exceed $100,124.00;

WHEREAS, the total cost of the project is $1,360,044.00, to be funded as follows:

• $880,000.00 from Congressional Grant Funds (Account H-15-1620-12-.2202);
• $110,000.00 transferred to Capital Projects (Account A-06-4-9900-00-9950) to H-15-1620-12-.2202;
• $370,044.00 from Appropriated Fund Balance (Account A-599), also to be transferred to H-15-1620-12-.2202;

RESOLVED, the Montgomery County Legislature hereby authorizes and awards the aforementioned contracts to the respective vendors in the amounts indicated; and

FURTHER RESOLVED, the Montgomery County Executive, upon review and approval of the County Attorney, is hereby authorized and directed to sign said contracts; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 126 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, it is recommended to provide security services for employees, constituents and visitors to our County Buildings, and 

WHEREAS, Arrow Security submitted a responsive proposal, provided Government references and met our local requirements; and

WHEREAS, Arrow Security is recommended by the Sheriff to enter into an agreement and provide these security services; and

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, to sign an agreement with Arrow Security for security services for employees, constituents and visitors to our County Buildings, following review and approval by the County Attorney for one year at an amount of $129,282.00 for the coverage of two uniform Security Officers, one at the County Office Building including Legislature meetings and one at the Old Court House.  

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 127 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, Montgomery County is requesting to transfer ownership of its 2007 Haulmark Mass Casualty Incident (MCI) trailer to Fulton County, with Fulton County assuming all responsibility for maintenance and insurance; and

WHEREAS, this trailer is no longer needed for Montgomery County purposes.

RESOLVED,  that the Montgomery County Executive, upon review and approval of the Montgomery County Attorney, is authorized and directed to sign necessary paperwork allowing the transfer of ownership of the 2007 Haulmark Mass Casualty Incident (MCI) trailer to Fulton County for $1.00.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 128 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, an ammonia leak occurred and the County’s hazard material response was requested, and

WHEREAS, a number of different agencies were dispatched and assisted at the location of the incident, and

WHEREAS, when the regional Montgomery, Fulton, Schoharie team responds the host county is responsible for tracking and submitting one invoice for insurance proceeds to the spiller, who is responsible for reimbursement; and

WHEREAS, we received insurance proceeds that needs to be disbursed to the appropriate agency and put in the appropriate budget line. 

RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 129 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Fonda-Fultonville School District, the Greater Amsterdam School District, the Fort Plain School District and the Fulton Montgomery Community College wish to enter into a contract with Montgomery County and the Montgomery County Sheriff for a School Resource Officer (SRO) during the 2025-2026 school year; and

WHEREAS, the Fonda Fultonville School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of 180 instructional days during the school year of 2025-2026 totaling $69,783.20 or a per diem of $383.51 a day for 2025 and $390.31 a day for 2026; and

WHEREAS, the Greater Amsterdam School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of up to 184 instructional days during the school year of 2025-2026 totaling $88,466.42 or a per diem of $473.03 a day for 2025 and $486.02 a day for 2026; and

WHEREAS, the Fort Plain School District wishes to cover the cost of the SRO's salary and fringe benefits for a total of 182 instructional days during the school year of 2025-2026 totaling $95,089.97 or a per diem of $517.90 a day for 2025 and $525.47 a day for 2026; and

WHEREAS, the Fulton Montgomery Community College wishes to cover the cost of the SRO's salary and fringe benefits for a total of 244 instructional days during the school year of 2025-2026 totaling $93,016.79 or a per diem of $373.91 a day for 2025 and $384.69 a day for 2026.

RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Fonda Fultonville School District for a total of 180 instructional days during the school year of 2025-2026 totaling $69,783.20 a per diem of $383.51 a day for 2025 and $390.31 a day for 2026; and

FURTHER RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Enlarged Amsterdam School District for a total of up to 184 instructional days during the school year of 2025-2026 totaling $88,466.42 or a per diem of $473.03a day for 2025 and $486.02 a day for 2026.

FURTHER RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Fort Plain School District for a total of up to 182 instructional days during the school year of 2025-2026 totaling $95,089.97 or a per diem of $517.90 a day for 2025 and $525.47 a day for 2026.

FURTHER RESOLVED, upon the review and approval of the contract by the County Attorney, the County Executive and Sheriff are authorized to sign a contract with the Fulton Montgomery Community College for a total of up to 244 instructional days during the school year of 2025-2026 totaling $93,016.79 or a per diem of $373.91 a day for 2025 and $384.69 for 2026.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 130 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the District Attorney in conjunction with the Personnel Officer has reassessed the staffing needs in the District Attorney's Office and the District Attorney has determined that there is a need to add a full-time Assistant District Attorney that specializes in Felony crimes; and  

WHEREAS, to accomplish this, the District Attorney will utilize funds from within the established 2025 Operating Budget; and 

WHEREAS, the title of Assistant District Attorney-Felony Crimes shall be established in the Office of District Attorney and allocated to Grade H in the Non-Bargaining Agreement, with a 2025 base salary of $125,000.00; and 

RESOLVED, that the Montgomery County Legislature hereby establishes the position of Assistant District Attorney- Felony Crimes within Grade H in the Non- Bargaining Agreement, with a base salary of $125,000.00; and let it be

FURTHER RESOLVED the Montgomery County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

TRANSFER FROM: 

TRANSFER TO: 

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 131 of 2025 DATED: May 27, 2025 RECOMMENDATION:

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, Resolution 126 of 2024 established two (2) temporary PT Law School Interns with a base hourly rate of 20.00 hr. and the Montgomery County District Attorney respectfully requests that the hourly rate be increased to $26.00 hour allocated to grade Q in the Non-Bargaining unit;

WHEREAS, funds will be used from within the Departmental budget to accomplish this increase; and 

WHEREAS, said positions will be part time and temporary for a duration not to exceed three months; and 

RESOLVED that the Montgomery County Legislature hereby amends the hourly rate for PT Temporary Law School Interns to $26.00 hour within grade Q, in the Non-Bargaining unit 

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 132 of 2025 DATED: May 27, 2025 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: 4th Family Defense Quality Improvement is $750,000 with a 3-year distribution of $250,000 each year; 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 the NYS ILS Grant: 4th Family Defense Quality Improvement as set forth above, and any future extensions extending the term.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 133 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department has been awarded $242,170 as per Resolution 119 of 2024 in Lead Abatement funds for a 2-year time period from 2024 to 2026, from the Housing Trust Fund Corporation; and

WHEREAS,   NYS DOH Lead Poisoning Prevention Program utilizes BCNI to oversee the Schenectady County Program and parts of Saratoga County; and

WHEREAS, BCNI is  an approved vendor as per NYS Contract; and

WHEREAS,  the Public Health Director recommends that BCNI be the leading contractor on the abatement projects for lead prevention and abatement as they have the professional and required staff to provide and execute all areas of the program specifications for the contacted, agreed upon amount of $230,062 which allows for a 5% County Administration fee as permissible by the funders; and

WHEREAS,  this program is designed to abatement sources of lead in homes in the 12010 and 13339 zip codes.

RESOLVED, that the County Executive upon review and approval of the County Attorney is authorized to sign and execute a contract with BCNI for two-year time period from 2024 to 2026 at an overall amount not to exceed $230,062 which allows for a 5% County Administration fee. 

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 134 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted IAP grant funds per Resolution #16 of 2015; and

WHEREAS, the 2024-25 IAP grant funds for the period of April 01, 2024, to March 31, 2025, were appropriated in the 2024 Public Health Budget; and

WHEREAS, there are unexpended 2024-25 IAP grant funds available to carry over to the 2025 Operating Budget. 

RESOLVED,that the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

INCREASE REVENUES:

INCREASE APPROPRIATIONS:

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 135 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted Leading in Lead Prevention Grant funds per Resolution # 119 of 2024; and

WHEREAS, the Leading in Lead Prevention Grant funds for the period of April 1st, 2024 through March 31, 2025 were appropriated in the 2024 Public Health budget; and

WHEREAS, due to delayed program guidelines from NYS, there are unexpended 2024-25 Leading in Lead Grant funds available to carry over to the 2025 Public Health budget.

RESOLVED,that the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

INCREASE REVENUES:

A-16-3-3401-07     Leading in Lead Prevention Program     $242,170.00

INCREASE APPROPRIATIONS:

A-16-4-4010-04-4490     Leading in Lead Prevention Program     $242,170.00

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 136 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Department of Social Services requires law enforcement services for personal service of court related documents; and

WHEREAS, the Sheriff’s Office has the statutory authority and capability to carry out personal services of legal documents within their jurisdiction; and

WHEREAS, a cooperative agreement between DSS and MCSO is necessary to formalize roles, responsibilities, and reimbursements associated with these services;

NOW, THEREFORE, BE IT RESOLVED, the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to execute a cooperative agreement between DSS and MCSO for the provision of personal service of court related documents from January 1, 2025 – December 31, 2025.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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II. Justification:

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RESOLUTION NO. 137 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Department of Social Services is responsible for the care and custody of certain youth pursuant to applicable state and federal laws; and

WHEREAS, in certain circumstances, such youth require placement in secure or non-secure detention facilities in accordance with judicial orders or applicable statutes; and

WHEREAS, this requires law enforcement services to transport these youth to such facilities; and

WHEREAS, the Sheriff’s Office has the statutory authority and capability to carry out these transportation services; and

WHEREAS, it is also necessary to have a law enforcement presence to assist DSS staff in certain situations who are making social service calls to residences; and

WHEREAS, a cooperative agreement between DSS and MCSO is necessary to formalize roles, responsibilities, and reimbursements associated with these services;

NOW, THEREFORE BE IT RESOLVED, the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to execute a cooperative agreement between DSS and MCSO for the provision of transportation services relating to youth in the care and custody of DSS and assistance with social services calls to residences from January 1, 2025 – December 31, 2025.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 138 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Department of Social Services requires on-site security at the Montgomery County Health & Human Services Building located at 1 Venner Road in Amsterdam, to ensure the safety of staff and clients; and

WHEREAS, it is necessary to engage the services of the Sheriff’s Office for a designated Sheriff’s Deputy to perform said security; and

WHEREAS, the department also has been able to strengthen the investigation and prevention of public assistance fraud by having an assigned Sheriff’s Office Investigator to collaborate with the department’s fraud prevention unit; and

WHEREAS, cooperative agreements between the two departments would formalize the collaboration, including funding, staffing, roles, and responsibilities;

NOW, THEREFORE, BE IT RESOLVED, the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to execute cooperative agreements for the provision of security and fraud investigative services, both of whom shall operate under the authority of the Sheriff while coordinating duties with the department for a term of January 1, 2025 – December 31, 2025.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 139 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Department of Social Services requires the services of a Structural Maintenance Helper; and

WHEREAS, the Commissioner of DPW assigns staff to work locations as necessary; and

WHEREAS, it would be beneficial for both departments to enter into a cooperative agreement to assign a Structural Maintenance Helper to provide services within the Montgomery County Health & Human Services Building; and

NOW, THEREFORE BE IT RESOLVED, the Montgomery County Legislature, after review and approval by the County Attorney, hereby authorizes and directs the County Executive to execute a cooperative agreement for the assignment of a Structural Maintenance Helper within the HHS building, who shall operate under the authority of the Commissioner of DPW while coordinating duties with DSS.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 140 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Director of Community Services has been notified there is additional funding due from the National Opioid Official Settlement for a portion due from Walgreen payments; and

WHEREAS, these funds are being provided to the Local Government Unit for Montgomery County to procure at its discretion based on the allowable use of funds per Settlement and Statute, and will be placed into an account specifically earmarked for Opioid Settlement funds; and

WHEREAS, Montgomery County has been notified these funds were wire transferred per notice in the amount of $6,923.05 at this time from Directing Administrator of the National Opioid Settlements.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

INCREASE REVENUES:

INCREASE APPRPRIATIONS:

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 141 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, attorneys in the Montgomery County District Attorney’s Office are routinely required to be available outside of regular business hours to respond to urgent law enforcement matters, search warrant requests, legal guidance needs, and other time-sensitive issues; and

WHEREAS, this essential availability has historically been maintained without formal compensation or structure; and

WHEREAS, to ensure appropriate coverage and acknowledge the commitment of attorneys who remain on call, the District Attorney recommends establishing a structured on-call schedule with designated compensation; and

WHEREAS, the proposed on-call policy would provide a stipend of $600.00 per week to the attorney assigned on-call responsibilities, with no additional compensation, overtime, or compensatory time provided for time spent on call; and

WHEREAS, this on-call pay would apply to time periods outside of normal business hours, beginning at 4:00 PM and ending at 8:30am Monday through Friday, and all day Saturday, Sunday, and holidays, on a rotating basis; and

WHEREAS, the  implementation of this policy as a consistent and transparent method of compensating essential off-hour coverage while controlling costs and will be incorporated in the Non-Bargaining Policy; and

WHEREAS, the cost associated with this on-call program will be funded from within the existing operating budget for the District Attorney’s Office and will not require additional appropriations.

RESOLVED, that the Montgomery County Legislature hereby authorizes the implementation of an on-call compensation program in the District Attorney’s Office, whereby attorneys assigned to on-call duty shall receive a flat stipend of $600.00 per week, with such pay covering all required availability outside regular business hours beginning at 4:00 PM and ending at 8:30am Monday through Friday, and all day Saturday, Sunday, and holidays, on a rotating basis; and

FURTHER RESOLVED, that attorneys receiving the on-call stipend shall not receive additional overtime pay, compensatory time, or other compensation for work performed while on call during the designated period; and

FURTHER RESOLVED, that this program shall be administered by the District Attorney in coordination with the Personnel Officer, and the County Treasurer is hereby authorized and directed to make any necessary budgetary adjustments within the existing appropriations of the District Attorney’s Office to implement the provisions of this resolution.

TRANSFER FROM: 

TRANSFER TO: 

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 142 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Montgomery County District Attorney and the Commissioner of Health and Human Services have identified ongoing difficulties in recruiting and retaining qualified attorneys due to heightened statewide demand and increasingly competitive salary offerings from other public employers; and

WHEREAS, it has been requested that Montgomery County implement a sign-on bonus incentive policy of as a means to support recruitment and foster long-term employment commitment; and

WHEREAS, the proposed bonus would be distributed in three equal lump sum payments —the first payment issued within 30 days of hire, and the remaining two payments issued upon successful completion of each subsequent full year of service and paid within 30 days following the employee’s anniversary date; and

WHEREAS, this incentive shall be contingent upon the employee maintaining active employment with the County at the time of each payment.

RESOLVED, that the Montgomery County Legislature hereby establishes the Sign-on Bonus Policy as attached hereto and incorporated herein; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2025 Operating Budget as follows:

TRANSFER FROM:

TRANSFER TO: 

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr.,

to add "TRANSFER FROM" after the last FURTHER RESOLVED clause and before the 2 transfer lines

and to revise the TRANSFER TO: line from:

TRANSFER TO: 

to:

TRANSFER TO: 

passed with Aye(6). Legislators Sweet, Allen and Majewski were absent.(5/27/2025)

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr.,

to use the revised policy language as attached hereto

passed with Aye(6). Legislators Sweet, Allen and Majewski were absent.(5/27/2025)

RESOLUTION VOTE, was defeated with Aye(4). Legislators Kelly and Pawlik voted Nay. Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

MOTION TO RECONSIDER by Legislator Kelly, seconded by Legislator Pepe, passed with Aye(5). Legislator Pawlik voted Nay. Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

MOTION TO TABLE by Legislator Kelly, seconded by Legislator Pepe, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 143 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Montgomery County District Attorney continues to face challenges in recruiting and retaining qualified candidates for key leadership positions due to a highly competitive legal job market across New York State; and

WHEREAS, the District Attorney has requested adjustments to the salaries for the positions of First Assistant District Attorney and Bureau Chief in order to support recruitment efforts, strengthen retention, and maintain operational stability within the office; and

WHEREAS, the position of First Assistant District Attorney is currently classified as Grade H in the Non-Bargaining Personnel Policy, with a base salary of $138,900; and

WHEREAS, the District Attorney recommends increasing the salary of the First Assistant District Attorney from $138,900 to $140,000; and

WHEREAS, the position of Bureau Chief is also classified as Grade H in the Non-Bargaining Personnel Policy, with a current base salary of $125,000; and

WHEREAS, the District Attorney recommends increasing the salary of the Bureau Chief from $125,000 to $135,000; and

WHEREAS, the Personnel Officer supports these salary adjustments to align with regional benchmarks and promote competitive compensation practices; and

WHEREAS, the cost of these salary adjustments will be funded from within the existing appropriations in the District Attorney’s budget and will not require additional county funding at this time.

RESOLVED, that the Montgomery County Legislature hereby authorizes the salary of the First Assistant District Attorney to be increased from $138,900 to $140,000, effective immediately, and that this position shall remain classified as Grade H in the Non-Bargaining Personnel Policy; and

FURTHER RESOLVED, that the salary of the Bureau Chief shall be increased from $125,000 to $135,000, effective immediately, and this position shall also remain classified as Grade H in the Non-Bargaining Personnel Policy; and

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 144 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the Department of Social Services, in coordination with the Personnel Officer, has identified significant challenges in recruiting and retaining qualified legal professionals in key supervisory roles, particularly for the position of Supervising Social Services Attorney; and

WHEREAS, the position of Supervising Social Services Attorney plays a critical leadership role in overseeing the legal and compliance functions within the Department; and

WHEREAS, the current base salary for the Supervising Social Services Attorney is $125,000 and is currently classified in Grade H of the Non-Bargaining Personnel Policy; and

WHEREAS, to ensure the County remains competitive with regional public employers and to support the long-term retention of highly qualified legal talent, the Commissioner of Health and Human Services recommends increasing the salary for this position to $135,000; and

WHEREAS, the Personnel Officer supports this recommendation as part of the County’s broader workforce stabilization efforts; and

WHEREAS, this salary adjustment will be funded through existing appropriations in the Department’s budget and does not require additional county funding.

RESOLVED, that the Montgomery County Legislature hereby authorizes the salary of the Supervising Social Services Attorney to be increased from $125,000 to $135,000, effective immediately, and that the position shall remain classified in Grade H of the Non-Bargaining Personnel Policy; and

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 145 of 2025 DATED: May 27, 2025 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, a three-month record of work activities was submitted to the Clerk of the Legislature by those part-time and full-time officials that do not maintain a daily  

RESOLVED, that the standard work week for a part-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 are listed on a monthly basis, 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 be updated and submitted to the New York State Retirement System so that it can be audited for compliance and accuracy which will determine the credit of Retirement Days for Montgomery County’s part-time appointed officials

BE IT FURTHER RESOLVE, 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(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 146 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, the County's flood insurance is about to expire for 9 Park St. and needs to be renewed; and 

WHEREAS, it is the recommendation of the County’s Broker, Arthur J. Gallagher Risk Management, that the County enter into a contract for flood insurance for 9 Park St., Fonda through Wright Flood at a cost not to exceed $7, 340 for a term from June 6, 2025, through June 5, 2026

RESOLVED, that the County Executive, following the review and approval by the County Attorney, is hereby authorized and directed to sign a contract for flood insurance for 9 Park St., Fonda through Wright Flood at a cost not to exceed $7, 340 for a term from June 6, 2025, through June 5, 2026.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 147 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, pursuant to Section 201 of the Montgomery County Code of Ethics there shall be a Board of Ethics consisting of five members to be appointed by the County Executive, subject to confirmation by the County Legislature; and

WHEREAS, the Board of Ethics shall consist of three members who shall not be, nor for a period of two years prior to appointment have been, officers or employees of Montgomery County or any municipality located in Montgomery County or employed or compensated by Montgomery County as a vendor/contractor; and

WHEREAS, one member shall be an elected or appointed officer or employee of Montgomery County; and

WHEREAS, one member shall be an elected or appointed officer or employee of a municipality located within Montgomery County; and

WHEREAS, the term for members shall be for a period of three years; and

WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics each member shall be a Montgomery County resident and remain so during the term of his or her appointment; and

WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics, no member shall have any interest, as defined by Section 801 of the General Municipal Law, in any contract or transaction with the County; and

WHEREAS, pursuant to Section 201 (c) no member shall hold office in a political party or act as a lobbyist in the County; and

WHEREAS, less than sixty days have passed since these appointments were filed with the Clerk of the Legislature; and

WHEREAS, the Montgomery County Legislature has undergone a committee review of the appointments; and

WHEREAS, the appointees meet the requirements as set forth by Section 201 (c) of the Montgomery County Code of Ethics.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature confirms the following appointments:

BE IT FURTHER RESOLVED that within fifteen (15) days of the confirmation of this appointment that all appointees shall file a financial disclosure statement with the Clerk of the Legislature pursuant to the Montgomery County Code of Ethics.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 148 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, Resolution 175 of 2023 authorized the Paving Priority I Project at Fulton-Montgomery Community College; and

WHEREAS, Resolution 215 of 2024 authorized the Paving Priority II Project at Fulton-Montgomery Community College; and

WHEREAS, Fulton-Montgomery Community College completed the rehabilitation or replacement of approximately 60,000 square feet of pavement, the replacement of 4 catch basins, and the replacement of approximately 550 linear feet of storm drainpipe during 2024; and

WHEREAS, the proposed project for 2025 will attempt to rehabilitate approximately 200,000 square feet of pavement; and

WHEREAS, Fulton-Montgomery Community College solicited proposals for professional services to design, bid, construction management and observation services and received the following two proposals:

WHEREAS, the Fulton County Planning Director, and Fulton-Montgomery Community College are recommending that a contract be awarded to Environmental Design Partnership, LLP.

WHEREAS, the contract breakdown of costs are as follows: 

RESOLVED, the Montgomery County Executive, upon review and approval by the County Attorney, is authorized and directed to sign a contract with Environmental Design Partnership, LLP at a cost not to exceed $32,300; and

FURTHER RESOLVED, that this resolution is contingent upon a similar resolution being passed by Fulton County.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 149 of 2025 DATED: May 27, 2025 RECOMMENDATION:

WHEREAS, Montgomery County collects a Mortgage Tax which pursuant to local law must be distributed to local municipalities of the County; and

WHEREAS, the County Treasurer disburses the Mortgage Tax funds bi-annually.

RESOLVED, that the Montgomery County Legislature hereby authorizes the County Treasurer to disburse Mortgage Tax money for the period October 1, 2024, through March 31, 2025; and

FURTHER RESOLVED, that said Treasurer is directed to take all necessary steps, under proper accounting procedure, to adjust the books of his office, effective immediately.

RESOLUTION VOTE, passed with Aye(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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RESOLUTION NO. 150 of 2025 DATED: May 27, 2025 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 April 15, 2025, through May 20, 2025 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(6). Legislators Sweet, Allen and Majewski were absent. (5/27/2025)

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