RESOLUTION NO. 108 of 2017 DATED: April 25, 2017 RECOMMENDATION:

WHEREAS, in 2016, FMCC requested from Fulton and Montgomery Counties a 2017 capital appropriation of $100,000 to prepare schematic design plans, cost estimates and project phasing and $1.0 million capital appropriations in both 2018 and 2019 to prepare final design plans and bid specifications and construct the Classroom Building Labs and Bathrooms Renovation Project; and

WHEREAS, the Classroom Building Labs and Bathrooms Renovation Project is projected to cost $2.5 million, and due to the size and complexity of the construction work involved, it is anticipated that the construction work will take 2-3 construction years to complete; and 

WHEREAS, FMCC developed a scope of work for the schematic design work and sent it to JMZ Architects and Planners, PC to use to prepare a cost proposal; and

WHEREAS, JMZ has submitted a proposal to perform the schematic design work for a total fee of $95,500.

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed to execute an Agreement with JMZ Architects and Planners, PC in the amount of $95,500 to prepare schematic design plans, cost estimates and phasing plans for the FMCC Classroom Buildings Labs and Bathrooms Renovation Project.

MOTION TO TABLE by Legislator Sweet, seconded by Legislator Wilson, passed with Aye(8). Legislator Duchessi was absent. (4/25/2017)

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 116 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, there has been an increase in the volume of workload in the department; and

WHEREAS, it has become more demanding to be able to process work in a timely manner and provide the necessary back-up for the County Clerk's office.

RESOLVED, that the Montgomery County Legislature, hereby establishes the competitive position of Assistant Deputy County Clerk at a Grade P, Base Salary $41,192.00.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

MOTION TO TABLE by Legislator Purtell, seconded by Legislator Headwell, Jr., passed with Aye(9). (5/23/2017)

MOTION TO REMOVE FROM TABLE by Legislator Purtell, seconded by Legislator Isabel, passed with Aye(8). Legislator Sweet was absent. (6/27/2017)

MOTION TO AMEND by Legislator Purtell, seconded by Legislator Wilson,

to strike the FURTHER RESOLVED clause and replace with:

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

passed with Aye(6). Legislators Kelly and Headwell, Jr. voted Nay. Legislator Sweet was absent.(6/27/2017)

RESOLUTION VOTE, passed with Aye(5). Legislators Kelly, Dimond and Headwell, Jr. voted Nay. Legislator Sweet was absent. (6/27/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 117 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Introductory Local Law A of 2014 established a County Planning Board in Montgomery County, and

WHEREAS, the County Planning Board shall consist of nine (9) regular members and two (2) alternate members to be appointed by the Legislature; and

WHEREAS, the respective terms of the members of the Planning Board shall be commensurate with that of the Legislature; and

WHEREAS, the two alternate board members will have a two year term; and

WHEREAS, the District 2 board member has resigned; and

WHEREAS, one of the Planning Board alternates is from District 2; and

WHEREAS, the District 2 Legislator is recommending that the alternate become the District 2 representative; and

WHEREAS, a vacancy will now need to be filled for the alternate position; and

WHEREAS, the current Planning Board Consists of:

RESOLVED, the Montgomery County Legislature hereby confirms the following appointments: 

MOTION TO AMEND by Legislator Purtell, seconded by Legislator Kelly, to add to the vacancy for District 1 the name of Jeff Swartz, 31 N. Division Street, St. Johnsville, NY 13452 and to the Alternate position the name of James Post, PO Box 116, Palatine Bridge, NY 13428, passed with Aye(9).(5/23/2017)

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 118 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Montgomery County is applying for funding for public facilities purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Public Facilities Program, and

WHEREAS, the Office of Community Renewal provides grants to public facilities in communities where benefits are provided principally to low-and moderate-income persons, and

WHEREAS, Montgomery County has supplied a request for funding for a Old Courthouse Rehabilitation grant, under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program, and

WHEREAS, program requirements include the provision to hold a public hearing on the grant application.

RESOLVED, that the County Legislature hereby schedules a Public Hearing on the Montgomery County Old Courthouse Rehabilitation grant to be held at 6:50 p.m., Tuesday, June 27, 2017 in the Chambers of the County Legislature, County Office Building, Fonda, New York, and

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit all required application and subsequent reporting materials for funding under the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Public Facilities Program.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 119 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Montgomery County is applying for funding for economic development purposes through the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Microenterprise Program, and

WHEREAS, the Office of Community Renewal provides grants to communities that wish to sponsor economic development activities that create or retain jobs for low- and moderate-income persons. The goal of the program is to fund projects that result in high quality, full-time jobs that are well paying and provide benefits and training to low- and moderate-income persons, and

WHEREAS, Montgomery County has prioritized economic development and job creation provisions which will result in a direct and positive impact to low and moderate income persons, and

WHEREAS, Montgomery County has supplied a request for funding for a Montgomery County Agriculture Microenterprise program, under the terms set forth in the Office of Homes and Community Renewal’s Community Development Block Grant Program, and

WHEREAS, program requirements include the provision to hold a public hearing on the grant application.

RESOLVED, that the County Legislature hereby schedules a Public Hearing on the Montgomery County Agriculture Microenterprise grant to be held at 6:55 p.m., Tuesday, June 27, 2017 in the Chambers of the County Legislature, County Office Building, Fonda, New York, and

RESOLVED, that the County Executive, following review and approval by the County Attorney, is hereby authorized and directed to sign and submit all required application and subsequent reporting materials for funding under the Office of Homes and Community Renewal’s Community Development Block Grant (CDBG) Microenterprise Program.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 120 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the position of Nurse Coordinator was re-established in the Public Health Department via Resolution 137 of 2016, and

WHEREAS, the position of Nurse Coordinator was funded and currently filled in the 2017 Public Health Department budget, and

WHEREAS, the 2017 appropriation for the current Nurse Coordinator position was allocated to vacant salary line item numbers with the same position title at the time the 2017 budget request was submitted and approved, and

WHEREAS, the requested correction will transfer the current Nurse Coordinator funding from the incorrect salary line item numbers to the correct salary line item numbers,

 RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 121 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department has been awarded Rabies Program grant funding in the amount of $17,786.00 for the period April 1, 2017 – March 31, 2019, and

WHEREAS, this funding was included in the 2017 Operating Budget.

RESOLVED, that the Montgomery County Legislature hereby authorizes acceptance of the Rabies Program grant funding, and

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized to sign said grant contract.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 122 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the NYS Office of Temporary and Disability Assistance (OTDA) has allocated $15,298 to Montgomery County Department of Social Services for the Transportation Initiative Program for the 2016/2017 state fiscal years; and

WHEREAS, the Commissioner of Social Services has made the recommendation that Montgomery County enter into an agreement with the Fulmont Community Action Agency to provide said transportation program for the time period of July 1, 2016 through December 31, 2017; and

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the Montgomery County Executive to sign the agreement, upon review of the County Attorney with the Fulmont Community Action Agency for a period of July 1, 2016 through December 31, 2017; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows: 

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 123 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Montgomery County received a 2016-2017 grant in the amount of $144,886 from the New York State Local Government Records Management Improvement Fund for a Shared Services project scanning records for the City of Amsterdam, Town of Amsterdam, Town of Florida, and Montgomery County for import into an electronic content management system; and 

WHEREAS, Resolutions 177 and 262 of 2016 authorized the County Executive to sign the agreements with New York State Industries for the Disabled, Inc. (NYSID) to digitize the aforementioned records and with General Code for the purchase of the Laserfiche software; and

WHEREAS, New York State Education Department has informed Montgomery County of an extension to the grant project through December 31, 2017; and

WHEREAS, those agreements with NYSID and General Code expire June 30, 2017 and needs to be extended through December 31, 2017 for the completion of the shared services digitization project.

RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to extend said agreements with New York State Industries for the Disabled, Inc. (NYSID) and General Code from June 30, 2017 until December 31, 2017 to complete the shared services digitization project.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 124 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the MontgomeryCounty Sheriff's Office E911 Dispatch Center is currently using "Impact" as it records management system, and

WHEREAS, the Sheriff has been notified that the current system needs to be updated to continue to operate, and

WHEREAS, the Sheriff is requesting a budget amendment to cover the cost using the E911 reserve account,

RESOLVED, the County Treasurer is authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 125 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Montgomery County contracts for grass and brush control with the ten towns, the City of Amsterdam and the Village of St. Johnsville on county roads; and

WHEREAS, the current contract has expired for such services and there is a need to renew the contract for Grass and Brush Control on County Roads; and

WHEREAS, the expired rate of said contract was for $350.00 per center line mile of county road; and

WHEREAS, the Physical Services Highway Committee has recommended increasing the Grass and Brush Control Contract with the Ten Towns, the City of Amsterdam and the Village of St. Johnsville; and

WHEREAS, an increase of $50.00 per Centerline Mile for 394.78 miles of county road would result in an increase of $19,739.00 to the contract,

RESOLVED, pursuant to Section 135a of the Highway Law, the Montgomery County Legislature hereby authorizes and directs the County Excecutive, upon review and approval of the County Attorney, to enter into agreements with the ten towns located within Montgomery County; the City of Amsterdam and the Village of St. Johnsville for provision of grass and brush control on county roads, and

FURTHER RESOLVED, payment for work to be performed under the terms of said agreement for grass and brush control shall be at a rate of $400.00 per center line mile for the contract year June 1, 2017 through May 31, 2018.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 126 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the final allocation of State Consolidated Highway Improvement Program (CHIPS) funds has been clarified, and

WHEREAS, it is necessary to adjust the County Road Fund to reflect increased revenues, and appropriations.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 127 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, a carpet replacement project was initiated in the Surrogate Court Area; and

WHEREAS, the funding of this project was not included in the 2017 Operating Budget; and

WHEREAS, the Unified Court System reimburses Montgomery County for maintenance and upgrades to the Supreme Court Building; and

WHEREAS, the total project for the court was $15,000.00.

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 128 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, a Project for the CR 160 Burtonsville Rd/Schoharie Crk(BIN 3310140), T/Charleston, Montgomery County, P.I.N. 2754.26 ("The Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and

WHEREAS, the County of Montgomery desires to advance the Project by making a commitment of 100% of non-federal share of the costs of The Project.

NOW, THEREFORE, the Montgomery County Legislature duly convened does hereby

RESOLVED, that the Montgomery County Legislature hereby approves the above-subject project; and it is hereby further

RESOLVED, that the Montomery County Legislature hereby authorizes the County of Montgomery to pay in the first instance 100% of the federal and non-federal share of the cost of The Project or portions thereof; and it is further

RESOLVED, that the sum of $4,030,000.00 shall be appropriated and made available to cover the cost of participation in the above phase of the Project; and it is further

RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Board of Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further

RESOLVED, that the County Executive of the County of Montgomery be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Montgomery with the New York State Deparment of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project cost and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further

RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project. and it is further

RESOLVED, this Resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 129 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS,the Montgomery County Department of Public Works held a surplus equipment auction from April 13, 2017, through April 28, 2017; and

WHEREAS, a total sum of $25,845.00 was raised from the auction; and

WHEREAS, the Montgomery County Department of Public Works Commissioner is requesting said revenue from sale be added to the DM Fund; and

WHEREAS, the Montgomery County Department of Public Works has a need to replace equipment;

RESOLVED, that the County Treasurer is authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 130 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the term for the current Public Health Director expired on April 22, 2017 and there is a need to fill the position; and

WHEREAS, pursuant to §10.03 of the Montgomery County Charter there shall be a Public Health Director who meets the combination of education and experience deemed appropriate by the State Commissioner of Health, who shall be appointed by the County Executive, subject to confirmation by the County Legislature; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees and confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature.

RESOLVED, that the Montgomery County Legislature approves and confirms the appointment of Sara Boerenko as Public Health Director with the powers and duties set forth under §10.04 of the Montgomer County Charter, for a term of 6 years commencing on April 24, 2017; and

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Sara Boerenko as Public Health Director for any acts or omissions while acting within the scope of her duties as Public Health Director.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 131 of 2017 DATED: May 23, 2017 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, Resolution 120 of 2016 authorized the County Executive to sign a formal Chief Local Elected Officials (CLEO) Agreement; 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 revised 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 June 1, 2017 and continues through June 30, 2018.

FURTHER RESOLVED, if a new Agreement is not in place at that time, provisions of this Agreement will continue in effect until a new Agreement is accepted by the governing bodies.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 132 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Montgomery County has received $50,000 grant funds through the New York State Department of State (NYS DOS) for the purposes of engaging a consultant to assist in the formulation of a Municipal Consolidation and Efficiency Plan (MCEP); and

WHEREAS, Montgomery County has engaged the Maxwell School of Citizenship and Public Affairs at Syracuse University as its research partner for this initiative; and

WHEREAS, through the preparation of the MCEP, Montgomery County will be competing for $20 million award, will from New York State, for the purposes of Plan implementation, and

RESOLVED, the Montgomery County Legislature hereby authorizes and directs the County to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 133 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Fulton and Montgomery Counties have approved a $2,600,000 FMCC Allen House Project for 2017; and

WHEREAS, there are no Montgomery County funds involved with this project. Funding will be from:

WHEREAS, on April 19, 2017, the following bids were received for the four (4) prime construction contracts: 

GENERAL CONSTRUCTION

2. Electrical:

3. Plumbing:

4. HVAC:

NOW, THEREFORE BE IT

RESOLVED, that based upon the bids received and the written recommendation from JMZ Architects, the County Executive is hereby authorized and directed to execute Agreements  with the following lowest, responsible responsive bidders:

and be it further 

RESOLVED, that in addition to the four (4) prime construction contracts, the County Executive is hereby authorized and directed to execute Agreements with the following additional eight (8) contracts for various professional services with knowledge of the project and campus, as well as furniture and equipment through State contract as recommended by FMCC:

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 134 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Fulton and Montgomery Counties awarded contracts for the following prime contracts for the FMCC Student Union Project:

WHEREAS,  the contracts came in under the budget that was authorized and it is necessary for Change Orders to be executed.

NOW, THEREFORE BE IT RESOLVED, that the County Executive be and is hereby authorized to execute  Change Orders for the following contracts: 

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 135 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, Fulton and Montgomery Counties have approved a $900,000 FMCC Technology Upgrades Project: Phase II for 2017, and 

WHEREAS, funding for this Project would come from:

WHEREAS, the Project involves four (4) main components: 

• Replace aged out analog phone switch with digital Voice over IP System (VOIP):

The project will provide the campus the ability to migrate to the latest Voice over IP (VOIP) technology and fully replace the existing PBX. 

Estimated Cost:    $230,000 

• Campus Infrastructure: Network Upgrades:

This project will allow for the replacement of the aging network edge switches which serve as the primary connection point for all end user devices. This is a necessary upgrade which will provide the necessary network connections for Classroom, Lab, and Office communications. This project will also provide new direct network fiber pathways to the Campus Administration, College Union, and Finance buildings. 

Estimated Cost:    $138,000 

• Classroom, Lab, and Library Learning Commons Computer Upgrades:

This project will replace student computers in many areas of the college including classrooms, labs and library. The project will also expend on the successful Virtual Desktop Infrastructure deployed during the 2015 IT capital project. 

Estimated Cost:    $338,000 

• Campus Technology Replacement:

This project is focused on centralized network components utilized by many areas of the entire campus and will upgrade a portion of the campus security cameras and storage devices. Additionally, the network switches for the campus backup/disaster recovery data center will be upgraded for added stability. 

Estimated Cost:    $194,000 

NOW, THEREFORE BE IT RESOLVED, that Montgomery County hereby authorizes FMCC to directly purchase via State contracts, the communications and computer equipment as identified in the Campus Technology Replacement, Classroom, Lab and Library Commons Computer Upgrades, Campus Infrastructure:Network Upgrades and Replace aged out analog phone switch with digital Voice over IP System (VOIP): components for this project at an amount not to exceed $900,000 or the $225,000.00 contribution from Montgomery County  and to allow for direct delivery of the equipment to FMCC with all warranties and documentation identifying FMCC as the Owner.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 136 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, in 2003 the NYS Legislature empowered the County of Montgomery to raise an additional 1% sales tax; and

WHEREAS, such authorization is due to expire November 30, 2017; and

WHEREAS, this additional sales tax revenue has been critical to the fiscal well-being of Montgomery County; and

WHEREAS, the New York State Legislature has drafted legislation S.5952 and A.7765 which would amend such sections of the NYS Tax Law to reauthorize the additional 1% sales tax through November 30, 2019

WHEREAS, the Montgomery County Legislature passed Resolution 115 of 2017 supporting and advocating for the passage of S.5952 and A.7765 to amend sections of the NYS Tax Law to reauthorize the additional 1%  sales tax through November 2019.

RESOLVED, the Montgomery County Clerk of the Legislature is hereby authorized and directed to submit the Home Rule Request to the NYS Senate and NYS Assembly declaring that a necessity exists for the enactment of S.5952 and A.7765.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 137 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the Department of Economic Development and Planning has a vacant Economic Development Specialist Position (Non-Bargaining Group P); and

WHEREAS, the Department of Economic Development and Planning has reviewed the workload and organizational structure of the Department and determined that a Grant Assistant title (Bargaining Grade E) would better suit the needs of the department; and

WHEREAS, this change in title would save the Department of Economic Development and Planning money,

RESOLVED, the Montgomery County Legislature hereby eliminates the one Economic Development Specialist Position; and

FURTHER RESOLVED, the Montgomery County Legislature hereby establishes a new Grant Assistant position at a Grade Level E with a base salary of $31,672; and

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows (effective June 1, 2017):

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 138 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the Commissioner of Public Works is requesting Seasonal (Temporary) Maintenance help for Bike Path maintenance at a cost of $26,715.00; and

WHEREAS, the Commissioner of Public Works has reviewed the required work load for the season, and has determined that Temporary seasonal help is needed; and

WHEREAS, the department currently has a vacant position in the Engineering Department with a salary of $26,715 remaining; and

WHEREAS, the Commissioner requests to use said position to fund seasonal temporary help for the Bike Path for the 2017 season.

RESOLVED, the Montgomery County Legislature will establish the position(s) of Temporary Seasonal Structrual Maintenance Helper(s); and

FURTHER RESOLVED, that the County Treasurer is authorized to amend the 2017 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 139 of 2017 DATED: May 23, 2017 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 Mortage 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, 2016 through March 31, 2017, 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(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 140 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for lane reconfiguration and utility work for State Highway 5S and Florida Business Park within the County (the “Project”); and 

WHEREAS, the County plans to apply to a New York State grant to pay the full amount of the cost of the Project; and 

WHEREAS, the County Legislature desires to approve the method of financing the costs of such Project; 

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows: 

SECTION 1 

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes financing of the Project. The maximum aggregate cost of the above Project, is hereby estimated to be $1,500,000.00, which shall initially be paid from the issuance of $1,500,000.00 serial bonds to finance such costs. 

SECTION 2 

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes are as follows: 

Highways, roads, streets and parkways – Ten (10) years pursuant to Section 11.00(a)(20)(b) of the Law.

SECTION 3

The plan of financing includes the issuance of $1,500,000.00 serial bonds, the potential reimbursement of up to one hundred percent (100%) of said amount from a New York State grant and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing.

SECTION 4

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above.

SECTION 5

The proposed average maturity date of the bonds authorized pursuant to this resolution is expected to exceed five (5) years.

SECTION 6

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose.

SECTION 7

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation.

SECTION 8

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project.

SECTION 9 

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year. 

SECTION 10 

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds. 

SECTION 11 

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds. 

SECTION 12 

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if:

(a)        Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or 

(b)        The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or 

(c)        Such obligations are authorized in violation of the provisions of the constitution. 

SECTION 13 

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law. 

SECTION 14 

This resolution shall take effect immediately. 

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 141 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for certain renovations to the buildings and facilities of Fulton-Montgomery Community College within the County (the “Project”); and 

WHEREAS, the County Legislature desires to approve the method of financing the costs of such Project; 

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows: 

SECTION 1 

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes the following capital improvements and Project: 

The certain renovations to the buildings and facilities of Fulton-Montgomery Community College within the County, the maximum aggregate cost thereof being hereby estimated to be $225,000.00, appropriating said amount therefor and authorizing the issuance of $225,000.00 serial bonds to finance such costs;

SECTION 2 

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes are as follows: 

            Building Renovations - 25 years pursuant to Section 11.00(a)(12)(a)(1) of the Law.

SECTION 3 

The plan of financing includes the issuance of $250,000.00 serial bonds and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing. 

SECTION 4 

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above. 

SECTION 5 

The proposed average maturity date of the bonds authorized pursuant to this resolution is expected to exceed five (5) years. 

SECTION 6 

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose. 

SECTION 7 

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation. 

SECTION 8 

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project. 

SECTION 9 

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year. 

SECTION 10

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds.

SECTION 11 

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds.

SECTION 12 

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if:

 (a)        Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or

 (b)        The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or

 (c)        Such obligations are authorized in violation of the provisions of the constitution.

 SECTION 13 

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law.

 SECTION 14 

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 142 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for the construction of an emergency management garage and storage facility within the County (the “Project”); and 

WHEREAS, the County plans to apply to a New York State grant to pay a portion of the cost of the Project; and 

WHEREAS, the County Legislature desires to approve the method of financing the costs of such Project; 

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows: 

SECTION 1 

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes financing of the Project. The maximum aggregate cost of the above Project, is hereby estimated to be $1,340,000.00, which shall initially be paid from the issuance of $1,340,000.00 serial bonds to finance such costs. 

SECTION 2 

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes are as follows: 

            Building – twenty-five (25) years pursuant to Section 11.00(a)(11)(b) of the Law 

SECTION 3 

The plan of financing includes the issuance of $1,340,000.00 serial bonds, the potential reimbursement of up to fifty percent (50%) of said amount from a New York State grant, and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing.

SECTION 4 

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above. 

SECTION 5

The proposed average maturity date of the bonds authorized pursuant to this resolution is expected to exceed five (5) years. 

SECTION 6 

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose. 

SECTION 7 

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation. 

SECTION 8 

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project. 

SECTION 9 

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year. 

SECTION 10 

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds. 

SECTION 11 

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds.

SECTION 12 

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if: 

(a)        Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or 

(b)        The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or 

(c)        Such obligations are authorized in violation of the provisions of the constitution. 

SECTION 13 

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law. 

SECTION 14 

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 143 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for the reconstruction of the CR 160 Burtonsville Road Bridge (BIN 3310140) within the County (the “Project”); and 

WHEREAS, the County plans to apply to a Federal grant and a New York State grant to pay the full amount of the cost of the Project; and

WHEREAS, the County Legislature desires to approve the method of financing the costs of such Project; 

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the County Legislature of the County of Montgomery, New York, (by a favorable vote of not less than two-thirds of all of its members), as follows:

SECTION 1 

Pursuant to Sections 31.00 and 32.00 of the Local Finance Law, constituting Chapter 33-A of the Consolidated Laws of the State of New York (the “Law”), the County hereby authorizes financing of the Project. The maximum aggregate cost of the above Project, is hereby estimated to be $4,030,000.00, which shall initially be paid from the issuance of $4,030,000.00 serial bonds to finance such costs.

SECTION 2 

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes are as follows: 

            Bridge – twenty (20) years pursuant to Section 11.00(a)(10) of the Law. 

SECTION 3

The plan of financing includes the issuance of $4,030,000.00 serial bonds, the potential reimbursement of up to eighty percent (80%) of said amount from a Federal grant, the potential reimbursement of up to twenty percent (20%) of said amount from a New York State grant and the levy of a tax upon all of the real property in the County to pay the principal of and interest on said bonds as the same shall become due and owing. 

SECTION 4 

The temporary use of available funds of the County, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized to be expended pursuant to Section 165.10 of the Local Finance Law for the specific objects or purposes described in Section 1 of this resolution. If such temporary funds are used for any expenditure authorized in this resolution, the County intends to reimburse such funds with the proceeds of the tax-exempt borrowing authorized and identified pursuant to Section 1 above. 

SECTION 5 

The proposed average maturity date of the bonds authorized pursuant to this resolution is expected to exceed five (5) years. 

SECTION 6

The serial bonds issued to finance the cost of each object or purpose described in Section 1 above shall mature no later than the date of the expiration of the period of probable usefulness for each such object or purpose.

SECTION 7 

The County hereby covenants and agrees with the holders from time to time of the serial bonds of the County issued pursuant to this resolution, and any bond anticipation notes of the County issued in anticipation of the sale of said bonds, that the County will duly and faithfully observe and comply with all provisions of the United States Internal Revenue Code of 1986, as amended (the “Code”), and any proposed or final regulations of the Internal Revenue Service issued pursuant thereto (the “Regulations”) unless, in the opinion of Bond Counsel to the County, such compliance is not required by the Code and Regulations to maintain the exemption of interest on said obligations from Federal income taxation. 

SECTION 8

Pursuant to Section 617.5(a) of the regulations of the New York State Department of Environmental Conservation, in the event that certain components of the Project set forth in Section 1 of this resolution are subject to the procedures required by the State Environmental Quality Review Act (“SEQRA”), no “action”, as the same is referred to in Article 9 of SEQRA and SEQRA regulations, shall be taken and no serial bonds shall be issued until all of the procedures and requirements set forth therein have been completed with respect to such project.

SECTION 9 

Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said serial bonds and any notes issued in anticipation of said bonds shall be general obligations of the County, payable as to both principal and interest by a general tax upon all the real property within the County without legal or constitutional limitation as to rate or amount. The faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of and interest on said serial bonds and any bond anticipation notes issued in anticipation of said bonds and provision shall be made annually in the budget of the County by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year, and (b) the payment of interest to be due and payable in such year. 

SECTION 10

Subject to the provisions of this Bond Resolution and the Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of serial bonds and bond anticipation notes, or the renewals of said obligations and of Section 50.00 and Section 60.00 of the Law, the powers and duties of the Montgomery County Legislature relative to authorizing serial bonds and bond anticipation notes and prescribing the terms, form and content as to sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Treasurer of the County, the chief fiscal officer of the County. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the Treasurer of the County, the chief fiscal officer of said County. In addition to the delegation of powers described above, the powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the County Treasurer, who shall advertise such bonds for sale, conduct the sale and award the bonds in such manner as he shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any other order or rule of the State Comptroller applicable to the sale of municipal bonds.

SECTION 11 

All costs and expenses in connection with the acquisition and development of the objects and purposes set forth in Section 1 above, and the financing thereof by the sale of bonds, including but not limited to, the fees and expenses of bond counsel, financial advisors, underwriters feasibility consultants, counsel for the County and other professionals, shall be paid to the extent permitted by law from the proceeds of the sale of such bonds.

SECTION 12 

The validity of the bonds authorized by this bond resolution and of any notes issued in anticipation of said bonds may be contested only if: 

(a)        Such obligations are authorized for any object or purpose for which the County is not authorized to expend money; or 

(b)        The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or 

(c)        Such obligations are authorized in violation of the provisions of the constitution. 

SECTION 13

This resolution shall be published in full in the designated official newspapers of the County for such purpose, together with a notice of the Clerk of the Montgomery County Legislature in substantially the form provided in Section 81.00 of the Law. 

SECTION 14 

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 144 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, the Montgomery County Charter §7.03A(1) requires the Legislature to adopt policy and practice guidelines for the County Executive to determine expenditures, limits and priorities of the 2018 Operating Budget to assist with the preparation of the tentative budget for the ensuing year.

RESOLVED, the policy and practice guidelines as attached hereto and made part of are hereby adopted by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 145 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, there has been an increase in the volume of workload in the department; and

WHEREAS, it has become more demanding to be able to process work in a timely manner and provide the necessary back-up for the County Clerk's office.

RESOLVED, that the Montgomery County Legislature, hereby establishes position of part-time Assistant Deputy County Clerk at a salary of $22.63 per hour.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2017 Operating Budget as follows:

RESOLUTION WITHDRAWN BY SPONSOR(5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 146 of 2017 DATED: May 23, 2017 RECOMMENDATION:

WHEREAS, pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committee, 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 Audit Committee has audited claims for the period of April 26, 2017 through May 23, 2017 and 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 Audit Committee, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (5/23/2017)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: