TO:Budget & Finance Committee
Michael J. Pepe, Chair, Legislator, District 7
Martin P. Kelly, Legislator, District 1
Brian D. Sweet, Legislator, District 2
Roy S. Dimond, Legislator, District 3
Robert Headwell, Jr., Legislator, District 4
Daniel P. Wilson, Legislator, District 5
John M. Duchessi, Legislator, District 6
Joseph M. Isabel, Legislator, District 8
Robert A. Purtell, Legislator, District 9
FROM:Cheryl A. Reese, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer, Media
DATE:3/28/2024
RE:Committee Meetings

Chairman Michael Pepe has called a meeting of the Budget and Finance Committee for 6:25 p.m. on Tuesday, July 18, 2017 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York. Items on the agenda, at this time, are as follows:

1.  DISCUSSION

 A. Privilege of Committee Chair, Committee Members & Legislators to discuss items of interest, etc., regarding departments governed by this Committee 

2.  RESOLUTION RESCINDING RESOLUTION NO. 84 OF 2016 AND ADOPTING MONTGOMERY COUNTY AUDIT GUIDELINES

3.  BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED JULY 25, 2017, AUTHORIZING THE ACQUISITION OF NEW EQUIPMENT FOR THE COUNTY’S DEPARTMENT OF PUBLIC WORKS, ESTIMATING THE AGGREGATE COST THEREOF TO BE $496,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $496,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST AND RELATED EXPENSES

4. RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

5. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE MONTGOMERY COUNTY AGRICULTURAL SOCIETY PROMOTING YOUTH DAYS AT THE MONTGOMERY COUNTY FONDA FAIR

6. OTHER

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
192

RESOLUTION RESCINDING RESOLUTION NO. 84 OF 2016 AND ADOPTING MONTGOMERY COUNTY AUDIT GUIDELINES

Wilson/Headwell, Jr.Move to Full Legislature
193

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED JULY 25, 2017, AUTHORIZING THE ACQUISITION OF NEW EQUIPMENT FOR THE COUNTY’S DEPARTMENT OF PUBLIC WORKS, ESTIMATING THE AGGREGATE COST THEREOF TO BE $496,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $496,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST AND RELATED EXPENSES

Sweet/DimondMove to Full Legislature
194

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Kelly/Headwell, Jr.Move to Full Legislature
195

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE MONTGOMERY COUNTY AGRICULTURAL SOCIETY PROMOTING YOUTH DAYS AT THE MONTGOMERY COUNTY FONDA FAIR

Wilson/Moved to Full Legislature with No Recommendation



Montgomery County Seal!RESOLUTION NO. 192 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION RESCINDING RESOLUTION NO. 84 OF 2016 AND ADOPTING MONTGOMERY COUNTY AUDIT GUIDELINES


Resolution by Legislator: Wilson
Seconded by: Headwell, Jr.

WHEREAS, the Montgomery County Legislature adopted Montgomery County Audit Guidelines per Resolution No. 84 of 2016; and

WHEREAS, the Mongtomery County Legislature has updated the Audit Guidelines; and

RESOLVED, that the new guidelines will amend certain provisions of the travel procedures; and

RESOLVED, that Resolution No. 84 of 2016 is hereby rescinded.

FURTHER RESOLVED, that the Montgomery County Legislature hereby adopts the Montgomery County Audit Guidelines, as attached hereto, and

FURTHER RESOLVED, that the adopted Audit Guidelines for Montgomery County will become effective immediately.

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (7/25/2017)



2017 Audit Guidelines proposed changes

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION RESCINDING RESOLUTION NO. 84 OF 2016 AND ADOPTING MONTGOMERY COUNTY AUDIT GUIDELINES


II. Justification:

New guidelines will amend certain provisions  of the travel procedure


III. Legislative Impact:

Pursuant to Article 2 the Montgomery County Charter the Montgomery County Legislature has the power to adopt by resolution all necessary rules and regulations for its conduct and procedure.


IV. Financial Impact:

No impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 193 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED JULY 25, 2017, AUTHORIZING THE ACQUISITION OF NEW EQUIPMENT FOR THE COUNTY’S DEPARTMENT OF PUBLIC WORKS, ESTIMATING THE AGGREGATE COST THEREOF TO BE $496,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $496,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST AND RELATED EXPENSES


Resolution by Legislator: Sweet
Seconded by: Dimond

WHEREAS, the County Legislature has heretofore approved funding for the acquisition of new equipment (“Equipment”) for the County’s Department of Public Works (“DPW”); and

 

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

 

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the 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 acquisition of the following Equipment for DPW:

 

  1. two (2) 2017 10-wheel international dump truck, the maximum cost thereof being hereby estimated to be $280,000.00;
  2. two (2) 2017 Ford F-350 extended 4x4 including plow, the maximum cost thereof being hereby estimated to be $96,000.00;
  3. one (1) 2017 Ford F-350 4x4 stake-sign including plow, the maximum cost thereof being hereby estimated to be $40,000.00;
  4. one (1) 2017 compact excavator; the maximum cost thereof being hereby estimated to be $48,000.00;
  5. one (1) 2016-2017 grand caravan loaner, the maximum cost thereof being hereby estimated to be $20,000.00; and
  6. one (1) 2017 16-foot Hurst trailer power tilt, the maximum cost thereof being hereby estimated to be $12,000.00.

 

The acquisition of the Equipment, the maximum aggregate cost thereof being hereby estimated to be $496,000.00, appropriating said amount therefor and authorizing the issuance of $496,000.00 serial bonds to finance such cost and related expenses.

 

SECTION 2

 

It is determined that the period of probable usefulness for each of the aforesaid Equipment is as follows:

 

  1. 2017 10-wheel international dump truck - 15 years pursuant to Section 11.00(a)(28) of the Law;
  2. 2017 Ford F-350 extended 4x4 including plow - 5 years pursuant to Section 11.00(a)(29) of the Law;
  3. 2017 Ford F-350 4x4 stake-sign including plow - 5 years pursuant to Section 11.00(a)(29) of the Law;
  4. 2017 compact excavator - 15 years pursuant to Section 11.00(a)(28) of the Law;
  5. 2016-2017 grand caravan loaner - 5 years pursuant to Section 11.00(a)(29) of the Law; and
  6. 2017 16-foot Hurst trailer power tilt - 5 years pursuant to Section 11.00(a)(28) of the Law.

 

SECTION 3

 

The plan of financing includes the issuance of $496,000.00 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 not 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

 

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 9

 

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 10

 

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, engineers, 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 11

 

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 12

 

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 13

 

This resolution shall take effect immediately.

MOTION TO AMEND by Legislator Pepe, seconded by Legislator Headwell, Jr., to change the title to reflect the change in the amount of the bond from $496,000 to $528,000 and to add to Section 1 - (7.  one (1) 2017 Ford F-350 Super Duty SRW4 x 4 regular cab, the maximum cost thereof being hereby estimated to be $32,000; and to add to Section 2 - ( 7.  2017 – Ford F-350 SuperDuty 4 x 4 – 5 years pursuant to Section 11.00(a)(29) of the Law; and to change Section 3 to reflect the change in the amount of the bond from $496,000 to $528,000, passed with Aye(9).(7/25/2017)

RESOLUTION VOTE, passed with Aye(9). (7/25/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorization of Legislature to incur indebtedness for the purchase of DPW equipment


II. Justification:

Equipment replacement is part of Capital Plan and funding is needed to move forward acqusitions


III. Legislative Impact:

Pursuant to law, a 2/3 majority of the Legislature is needed for all Bonding Resolutions


IV. Financial Impact:

Issuance of $496,000 of debt to be paid over the next 10-15 years.  To be included as indebtedness payment is subsequent years.

Approximately $60,000/yr in principal & interest payments.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 194 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Kelly
Seconded by: Headwell, Jr.

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 June 27, 2017 through July 25, 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). (7/25/2017)



Abstract of Audited Claims - July 25, 2017

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

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.


III. Legislative Impact:

Pursuant to the Audit Guidelines, Section 13.2 (2), requires after examination and review of the claims by the audit committeee claims as audited are approved and presented to the Board for approval of payment.


IV. Financial Impact:

No impact to the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 195 of 2017

DATED: July 25, 2017

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE MONTGOMERY COUNTY AGRICULTURAL SOCIETY PROMOTING YOUTH DAYS AT THE MONTGOMERY COUNTY FONDA FAIR


Resolution by Legislator: Wilson
Seconded by:

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

WHEREAS, this is the 176th year of the Montgomery County Fonda fair, one of the largest tourist attractions in Montgomery County; and

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

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

WHEREAS, in 2016 1500 youth a day attended the fair at a rate of $15,000 a day; and

WHEREAS, the Montgomery County Ag Society has agreed to accept a flat rate of $7,500 a day to pay for all youth who may attend the fair on Wednesday, August 30th and Friday, September 1st; and 

WHEREAS, allowing the youth of Montgomery County to attend free-of-charge on Wednesday, August 30th and Friday, September 1st promotes a fun-family experience in the heart of Montgomery County.

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

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

INCREASE:    
A599 Unappropriated Fund Balance $15,000.00
     
TRANSFER TO:    
A-21-4-7310-00-.4559 Outreach Programs $15,000.00

RESOLUTION WITHDRAWN BY SPONSOR(7/25/2017)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE MONTGOMERY COUNTY AGRICULTURAL SOCIETY PROMOTING YOUTH DAYS AT THE MONTGOMERY COUNTY FONDA FAIR


II. Justification:

It is the intent of Montgomery County to provide a free local experience to the youth of Montgomery County.


III. Legislative Impact:

Pursuant to Article 3 of the Charter the Montgomery County Executive has the authority to sign contracts.


IV. Financial Impact:

Impact to fund balance - $15,000



cc: County Clerk
County Treasurer