Resolutions

RESOLUTION NO. 67 of 2023
DATED: February 28, 2023

RESOLUTION TO OBTAIN A MUNICIPAL CERTIFICATE OF NEED TO ESTABLISH AN OPERATING AUTHORITY IN MONTGOMERY COUNTY, NY (EMERGENCY MANAGEMENT)

Resolution by Legislator:

Sweet

Seconded by:

Kelly

WHEREAS, under the provisions of Article 30 of the NYS Health Law counties are permitted to establish and operate an ambulance service; and

WHEREAS, the County of Montgomery has determined that it is necessary and appropriate and in the best interest of the public safety and welfare to obtain a Municipal certificate of need to Establish an Operating Authority, in connection with the provision of Ambulance Services for the residents of Montgomery County, NY pursuant to General Municipal Law Section 122-b and;

WHEREAS, the Montgomery County Legislature has determined that this establishing and operating an ambulance service will benefit Montgomery County residents; and

WHEREAS, the coverage of Emergency Medical Services (EMS) Ambulance Service will encompass the entire geographic area within the borders of Montgomery County, NY;

RESOLVED, that the Montgomery County Legislature hereby determines it is necessary and appropriate and in the best interest of the public safety and welfare to establish, contract for and/or operate an ambulance service in Montgomery County; and

FURTHER RESOLVED, the boundaries for the service shall encompass the entire geographic area within the borders of Montgomery County; and

FURTHER RESOLVED, the Montgomery County Legislature hereby authorizes the Montgomery County Executive to execute any all documents necessary to obtain a Municipal Certificate of Need to establish an Ambulance Service Operating Authority for Montgomery County, N.Y. and file them with the appropriate authorities.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

Statement of Legislative and Financial Impact:

I. Nature of Request:

This resolution is requested in order to establish a CON Operating Authority in connection with the provision of Ambulance Services for the residents of Montgomery County, NY and file equivalent resolution with NYS Department of Health.

II. Justification:

EMS systems are in crisis across the country and our local system is no different. Despite local efforts, many agencies are closing. The municipal CON will allow Montgomery County to continue to provide assistance to our local ambulance agencies and still position ourselves to respond to any future changes in our system including any unforeseen catastrophic agency failure(s).

III. Legislative Impact:

General Municipal Law Section 122-b and Article 30 of the NYS Health Law authorizes this

IV. Financial Impact:

At this time there is no financial impact for obtaining this CON. Down the road additional legislative authority would obtained for any additional costs

cc:

County Clerk
County Treasurer

Voting Record
Kelly	(R)	Yes
Sweet	(R)	Yes
Allen	(D)	Yes
Headwell, Jr.	(R)	Yes
Wilson	(R)	Yes
VACANT	(D)	Absent
Pepe	(R)	Absent
Kowalczyk	(D)	Yes
Purtell	(D)	Yes

STATE OF NEW YORK County of Montgomery ss.: This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 28th day of February, 2023, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof. IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 1st day of March, 2023
Totals:	Aye:	7
	Nay:	0
	Abstained:	0
	Absent:	2