TO:Education/Government Committee
Brian D. Sweet, Chairman, Legislator, District 2
Roy S. Dimond, Legislator, District 3
Daniel P. Wilson, Legislator, District 5
John M. Duchessi, Legislator, District 6
Michael J. Pepe, Legislator, District 7
FROM:Cheryl A. Reese, Clerk of the Legislature
CC:Legislators, County Attorney, County Treasurer, FMCC, Media
DATE:5/22/2018
RE:Committee Meetings

Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:10 p.m. on Tuesday, January 16, 2018 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 ADOPTING INTRODUCTORY LOCAL LAW A OF 2018 (LOCAL LAW 1 OF 2018) - A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER, LOCAL LAW 2 OF 2012

3.  RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT TO CONSTRUCTION SERVICES AGREEMENT WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECTS

4.  RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH BISHOP BEAUDRY CONSTRUCTION FOR FMCC ALLEN HOUSE PROJECT

5.  RESOLUTON CONFIRMING APPROINTMENTS MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)

6.  OTHER

 

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
13

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW A OF 2018 (LOCAL LAW 1 OF 2018) - A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER , LOCAL LAW 2 OF 2012 (COUNTY LEGISLATURE)

Wilson/KellyMove to Full Legislature
14

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT TO CONSTRUCTION SERVICES AGREEMENT WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT

Pepe/DimondMove to Full Legislature
15

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH BISHOP BEAUDRY CONSTRUCTION FOR FMCC ALLEN HOUSE PROJECT

Pepe/WilsonMove to Full Legislature
16

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)

Dimond/PepeMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 13 of 2018

DATED: January 23, 2018

RECOMMENDATION:
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW A OF 2018 (LOCAL LAW 1 OF 2018) - A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER , LOCAL LAW 2 OF 2012 (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Kelly

WHEREAS, pursuant to §15.02 of the Charter of Montgomery County, the County Legislature is empowered to clarify and elaborate on any provision of said Charter in a local law; and

WHEREAS, § 2.11 and §5.01 of the Charter has been deemed to require clarification and elaboration for the efficient operation of County business; and

WHEREAS, a copy of this law has been on the desks of all legislators for a period of ten days.

RESOLVED, that Introductory Local Law A of 2018 (LOCAL LAW 1 of 2018) hereby is submitted to the Montgomery County Legislature for consideration:

A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER, LOCAL LAW 2 OF 2012

BE IT ENACTED by the Legislature of the County of Montgomery as follows: 

Local Law Number 2 of 2012 is amended to read as follows: 

§2.10 Continuous Audit

For the purpose of maintaining proper control and supervision over all fiscal affairs, the County Legislature may:

(a) Appoint an Audit Commtitee, consisting of the Chairman of the County Legislature, the Chairman of the Budget and Finance Committee, and one additional County Legislator, who will have the responsibility for auditing vouchers and claims for payment against County funds or funds for which the County is responsible and shall certify the same for payment by the County Treasurer. In the event that the County Legislature shall appoint a County Auditor, the duties of the County Audit Committee shall assumed by said Auditor. 

§2.11

The County Legislature may appoint an Auditor. The Auditor shall be appointed on the basis of their professional experience and other qualifications for the responsibilities of their office. They shall be directly responsible to and serve at the pleasure of the County Legislature and may be removed without written charges and an opportunity to be heard. The duties of the Auditor shall include: 

  1. Auditing and certifying for payment all lawful claim and charge against the County, whether for payroll or otherwise, or against funds for which the County is responsible in whole or in part;
  2. Certifying the availability of funds for all requisitions, contracts, purchase orders, and other documents by which the County incurs financial obligations or for the expenditure of funds for which the County is responsible;
  3. Such special audits, in addition to those stated in §2.04 (i) as are deemed necessary, at the request of the Legislature. 

§5.01

There shall be a Department of Purchasing under the direction of a Purchasing Agent who shall be appointed by the County Executive subject to confirmation by the County Legislature. They shall be appointed on the basis of their professional experience and other qualifications for the responsibilities of their office. They shall be directly responsible to and serve at the pleasure of the County Executive.

The rest of Local Law 2 of 2012 shall remain unchanged and in full force and effect. 

SAVING CLAUSE: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and 

EFFECTIVE DATE:   This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State.

RESOLVED, that the Clerk of the Montgomery County Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION VOTE, passed with Aye(8). Legislator Purtell was absent. (1/23/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:


RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW A OF 2018 - A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER , LOCAL LAW 2 OF 2012


II. Justification:

It is necessary to clarify the Montgomery County Charter to make the positions of Auditor and Purchaser equal to other positions in the Montgomery County Charter.


III. Legislative Impact:

Pursuant to Section 15.02 of the Charter of Montgomery County, the County Legislature is empowered to clarify and elaborate on any provision of said Charter in a local law


IV. Financial Impact:

None.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 14 of 2018

DATED: January 23, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT TO CONSTRUCTION SERVICES AGREEMENT WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT


Resolution by Legislator: Pepe
Seconded by: Dimond

WHEREAS, funding for the Allen House Project is coming from: 

SUNY:  $1,300,000.00
FMCC FOUNDATION:  $1,300,000.00
TOTAL:  $2,600,000.00

WHEREAS, there are no Montgomery County funds involved with this project, and 

WHEREAS, Resolution 133 dated May 23,2017, authorized a $62,500 contract with JMZ Architects and Planners to provide Construction Administration Services 

NOW, THEREFORE BE IT RESOLVED, that due to issues that have arisen during the construction phase of this project that has resulted in JMZ providing more services than originally expected, FMCC recommends that JMZ’s contract amount be increased from $62,500 to $76,500, and be it further

RESOLVED, that the contract summary is as follows:

ORIGINAL CONTRACT AMOUNT:  $62,500.00
PROPOSED AMENDMENT:(+)  $14,000.00
REVISED CONTRACT AMOUNT:  $76,500.00

 

                  

RESOLUTION VOTE, passed with Aye(8). Legislator Purtell was absent. (7/14/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT TO CONSTRUCTION SERVICES AGREEMENT WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT


II. Justification:

Due to issues that have arisen during the construction phase of this project,JMZ has provided more services than originally expected.


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution in support pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Costs fall within county's approved allocation to project, no further impact.



cc: County Clerk
County Treasurer
FMCC




Montgomery County Seal!RESOLUTION NO. 15 of 2018

DATED: January 23, 2018

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH BISHOP BEAUDRY CONSTRUCTION FOR FMCC ALLEN HOUSE PROJECT


Resolution by Legislator: Pepe
Seconded by: Wilson

WHEREAS, funding for the FMCC Allen House Project is coming from two (2) sources: 

1.  FMCC FOUNDATION:  $1,300,000.00
2.  SUNY: $1,300,000.00

and 

WHEREAS, there are no Montgomery County funds involved with this project, and 

WHEREAS, there are two (2) credit Change Orders being proposed whereby Bishop Beaudry will credit back funds for two (2) changes to their scope of work: 

NOW, THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed to execute Change Order No. 2 with Bishop Beaudry that would decrease their contract amount by $4,203.98, and be it further 

RESOLVED, that the approval of this Change Order would result in the following revised contract with Bishop Beaudry:

ORIGINAL CONTRACT AMOUNT:  $1,390,500.00
CHANGE ORDER NO. 1: (+) $25,000.00
PROPOSED CHANGE ORDER NO. 2: (-)  $4,203.98
 REVISED CONTRACT AMOUNT: $1,411,296.02

FURTHER RESOLVED, that certified copies of this Resolution be forwarded to Fulton County and FMCC.

RESOLUTION VOTE, passed with Aye(8). Legislator Purtell was absent. (1/23/2018)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH BISHOP BEAUDRY CONSTRUCTION FOR FMCC ALLEN HOUSE PROJECT


II. Justification:

There are two (2) credit Change Orders being proposed whereby Bishop Beaudry will credit back funds for two (2) changes to their scope of work.


III. Legislative Impact:

The Montgomery County Legislature is authorized to pass this Resolution pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Costs fall within county's approved allocation to project, no further impact.



cc: County Clerk
County Treasurer
FMCC




Montgomery County Seal!RESOLUTION NO. 16 of 2018

DATED: January 23, 2018

RECOMMENDATION:
     

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)


Resolution by Legislator: Dimond
Seconded by: Pepe

WHEREAS, pursuant to §3.03 the County Executive shall appoint all County departments and administrative units not administered by elected officials, subject to confirmation of the Legislature; and

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

WHEREAS, the County Executive has made the following appointments:

Kenneth Rose, Director of of Economic Development and Planning

Kelly Farquhar, Director of History and Archives

Jeffery Smith, Director of Emergency Management

Ray Borst, County Sealer of Weights & Measures

Sara Boerenko, Director of Community Services

Scott Surento, Purchasing Agent

Brenda Rava, Director of Youth Services

Meghan Manion, County Attorney

Jeffrey Kaczor, Stop DWI Coordinator

Daniel Colon, Director of Data Processing

Lucille Sitterly, Director of Probation
 
WHEREAS, the Montgomery County Legislature has undergone a committee review of the foregoing appointments; and

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

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

Kenneth Rose, Director of of Economic Development and Planning

Kelly Farquhar, Director of History and Archives

Jeffrey Smith, Director of Emergency Management

Ray Borst, County Sealer of Weights & Measures

Sara Boerenko, Director of Community Services

Scott Surento, Purchasing Agent

Brenda Rava, Director of Youth Services

Jeffrey Kaczor, Stop DWI Coordinator

Meghan Manion, County Attorney

Daniel Colon, Director of Data Processing

Lucille Sitterly, Director of Probation  

FURTHER RESOLVED, that these appointments are subject to the terms and conditions set forth in the Montgomery County Charter and where applicable Montgomery County Civil Service.

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon those who are appointed by this resolution.

RESOLUTION VOTE, passed with Aye(8). Legislator Purtell was absent. (1/23/2018)



County Executive Appointments

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE


II. Justification:

Pursuant to §3.03 the County Executive shall appoint all County departments and administrative units not administered by elected officials, subject to confirmation of the Legislature.


III. Legislative Impact:

Pursuant to §3.03 the County Executive shall appoint all County departments and administrative units not administered by elected officials, subject to confirmation of the Legislature.


IV. Financial Impact:

Budgeted for in 2018 Operating Budget



cc: County Clerk
County Treasurer