Chairman Michael Pepe has called a meeting of the Budget and Finance Committee meeting for 6:20 p.m. on Tuesday, March 20, 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 AMENDING RESOLUTION #6 OF 2018 "RESOLUTION DELEGATING ERRONEOUS ASSESSMENT CORRECTION APPROVAL AUTHORITY TO AUDITING COMMITTEE"

3.  RESOLUTION AMENDING THE 2018 OPERATING BUDGET - ACCOUNT CLERK TYPIST POSITION TRANSFER (PERSONNEL)

4.  RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN A 3-YEAR ADDENDUM TO THE EXISTING RECORDS MANAGEMENT SYSTEM CONTRACT WITH IQS (COUNTY CLERK)

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

6.  BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED MARCH 27, 2018, AUTHORIZING COMMUNITY COLLEGE IMPROVEMENTS, VARIOUS IMPROVEMNTS TO COUNTY BUILDINGS, THE ACQUISITION OF EQUIPMENT AND BRIDGE AND CULVERT REPLACEMENT, ESTIMATING THE AGGREGATE COST THEREOF TO BE $2,400,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,400,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE SAID COST AND RELATED EXPENSES

7.  OTHER

RESOLUTION NO. 78 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, resolution # 6 of 2018 gave authority to the Auditing Committee to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and cover tax credits/refunds, in an amount less then $2,500 to the Auditing Committee

WHEREAS, as a result of the appointment of a County Auditor, resolution #6 of 2018, should be amended to delete any instances of "Auditing Committee" and replace it with "County Auditor".

THEREFORE BE IT RESOLVED, that Resolution 6 of 2018 is hereby amended to read as follows:

WHEREAS, the Montgomery County Legislature is authorized to annually delegate to an official responsible for the payment of bills upon the audit of the appropriate municipal corporation the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and to cover tax credits/refunds, in an amount less than $2,500; and

WHEREAS, the Montgomery County Legislature chooses to delegate this power to the County Auditor; and

WHEREAS, the Real Property Director maintains responsibility for investigating each Erroneous Assessment application and for making recommendations regarding said applications.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature chooses to delegate the power to approve the correction of the tax rolls and tax bills, where said correction does not exceed $2,500, and cover tax credits/refunds, in an amount less than $2,500 to the County Auditor; and

BE IT FURTHER RESOLVED, that the Montgomery County Legislature retains authority to determine action regarding all instances in which said Director recommends application denial and in all instances where a recommended correction exceeds $2,500; and

BE IT FURTHER RESOLVED, when the Real Property Tax Director makes a recommended correction that does not exceed $2,500, the Real Property Tax Director shall transmit the written report of the investigation and recommendation to the County Auditor, together with both copies of the application; and

BE IT FURTHER RESOLVED, when the County Auditor makes a recommendation to deny a correction that is recommended by the Real Property Direction, they shall transmit to the Montgomery County Legislature the written report of investigation and recommendation of the Real Property Tax Director with copies of the application and the reason that the County Auditor recommends denying the correction; and

BE IT FURTHER RESOLVED, that the County Auditor shall submit a report of corrections processed during the preceding month, indicating the name of each recipient, the location of the property and the amount of the correction to the Montgomery County Legislature on or before the fifteenth day of each month.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 79 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the position of Account Clerk Typist was eliminated from the Public Health budget and placed in the Youth Department budget in 2018;

WHEREAS, the position has been located in the Personnel office since the beginning of 2018 and was not located in the Youth Department;

WHEREAS, the position of Account Clerk Typist will assist the Personnel office in alleviating responsibilities from the staff that falls outside the scope of their duties and is appropriate for the position of Account Clerk Typist;

WHEREAS, the Personnel office has seen an increase in workload with the elimination of Labor Management, Payroll positions, 2016 Civil Service audit results as well as a implementation of a multitude of organizational improvements.

WHEREAS, the Account Clerk Typist will also assist the department with the Laser Fiche project, the Civil Service audit, answering phones, receiving the public, making copies, filing and assisting Civil Service with job postings and over all assisting the office.

RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2018 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Kelly voted Nay. (3/27/2018)

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RESOLUTION NO. 80 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, it has been recommended by the County Clerk that the 5 year Records Management System contract be amended due to the addition of hardware; and

WHEREAS, to bring the monthly cost down, it is necessary to extend the existing contract.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following review and approval of the County Attorney, to sign a 3-year Addendum to the existing Records Management System Contract with IQS at the rate of $5067.00 per month.

FURTHER RESOLVED, that said contract addendum shall be effective March 1, 2018 through December 31, 2020.

MOTION TO AMEND by Legislator Dimond, seconded by Legislator Duchessi, passed with Aye(9). (3/27/2018)

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 81 of 2018 DATED: March 27, 2018 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 February 28, 2018 through March 13, 2018 and the County Auditor has audited claims for the period of March 14, 2018 through  March 27, 2018; both the Audit Committee and the County Auditor recommends the payment of the claims as attached hereto in the "Abstract of Audited Claims".

RESOLVED, after examination and review of the claims by the Audit Committee and County Auditor, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(9). (3/27/2018)

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RESOLUTION NO. 68 of 2018 DATED: March 27, 2018 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding its twenty-five percent (25%) share of the cost of renovating classrooms and laboratories at Fulton-Montgomery Community College (the “FMCC Project”), all as more particularly described in the County’s approved plan of capital improvements and acquisitions (the “Capital Plan”); and 

WHEREAS, the County Legislature has heretofore approved funding the replacement of Cranes Hollow Bridge (BIN# 3-31026-0) and associated culverts along Cranes Hollow Road (the “Bridge Project”), all as more particularly described in the Capital Plan; and 

WHEREAS, the County Legislature has heretofore acquisition of various pieces of equipment and vehicles for the Department of Public Works (the “DPW Project”), all as more particularly described in the Capital Plan; and 

WHEREAS, the County Legislature has heretofore approved the construction and installation of improvements, repairs and renovations to the DPW Facility, the County Annex, the Public Safety Center and the County courthouses (the “Buildings Project” and, together with the FMCC Project, the Bridge Project and the DPW Project, the “Projects”), all as more particularly described in the Capital Plan; and 

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

NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Montgomery 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 Projects as follows: 

1. the FMCC Project, the maximum aggregate cost of the County’s portion thereof being hereby estimated to be $250,000.00, appropriating said amount therefor and authorizing the issuance of $250,000.00 serial bonds to finance such cost and related expenses;
2.  
3. the Bridge Project, the maximum aggregate cost thereof being estimated to be $1,650,000, appropriating said amount therefor and authorizing the issuance of $1,650,000.00 serial bonds to finance such cost and related expenses;
4.  
5. the DPW Project, the maximum aggregate cost thereof being estimated to be $200,000, appropriating said amount therefor and authorizing the issuance of $200,000.00 serial bonds to finance such cost and related expenses; and
6.  
7. the Buildings Project, the maximum aggregate cost thereof being estimated to be $300,000, appropriating said amount therefor and authorizing the issuance of $300,000.00 serial bonds to finance such cost and related expenses.

SECTION 2

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

1. the FMCC Project - Ten (10) years pursuant to Section 11.00(a)(13) of the Law;
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3. the Bridge Project- Twenty (20) years pursuant to Section 11.00(a)(10) of the Law;
4.  
5. the DPW Project- Five (5) years pursuant to Section 11.00(a)(28) and Section 11.00(a)(29) of the Law; and
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7. the Buildings Project - Ten (10) years pursuant to Section 11.00(a)(13) of the Law.

SECTION 3

The plan of financing includes the issuance of $2,400,000.00 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

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 she shall deem best for the interests of the County; provided, however, that in the exercise of these delegated powers, she 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). (3/27/2018)

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