TO:Budget & Finance Committee
Robert Headwell, Jr., Chair, Legislator, District 4
Martin P. Kelly, Legislator, District 1
Brian D. Sweet, 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
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, County Clerk, Media
DATE:3/29/2024
RE:Committee Meetings

Chairman Robert Headwell, Jr. has called a meeting of the Budget & Finance Committee for 6:11 p.m. on Tuesday, October 19, 2021 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068. 

This meeting is in person, however, members of the public may also participate in the meeting by calling 1-408-650-3123, Access Code 504-746-845. Minutes of the hearing will be transcribed and later posted on the Montgomery County website at www.co.montgomery.ny.us.

  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 AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE (COUNTY CLERK)  

3.  RESOLUTION INCREASING PETTY CASH ACCOUNT AMOUNT (COUNTY CLERK)

4.  RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE IN THE TOWN OF AMSTERDAM (COUNTY TREASURER)

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

6.  Dashboard Reports

7.  2022 Tentative Budget - Legislative Discussion

8.  OTHER

 

 

 

 

 

 



Proposed Resolutions

Res. #Sponsor/SecondRecommendation
232

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE (COUNTY CLERK)

Purtell/WilsonMove to Full Legislature
233

RESOLUTION INCREASING PETTY CASH ACCOUNT AMOUNT (COUNTY CLERK)

Pepe/SweetMove to Full Legislature
234

RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE IN THE TOWN OF AMSTERDAM (COUNTY TREASURER)

Purtell/WilsonMove to Full Legislature
235

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)

Wilson/PepeMove to Full Legislature
236

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE "COUNTY"), DATED OCTOBER 26, 2021, AUTHORIZING THE REPLACEMENT OF GENERATORS AT THE COUNTY’S SANITARY DISTRICT #1 MAIN WASTEWATER TREATMENT PLANT AND FORT PLAIN PUMPING STATION, ESTIMATING THE AGGREGATE COST THEREOF TO BE $483,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $320,000.00 BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES

Sweet/WilsonMove to Full Legislature



Montgomery County Seal!RESOLUTION NO. 232 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENTS - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE (COUNTY CLERK)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, KCS Land Research Corporation and Stewart Title have requested office space in Room 114 of the County CLerk's office building, 64 Broadway, Fonda, NY to use full time, to the exent that the room is not being used for county purposes; and

WHEREAS, upon researching with the New York State Association of County Clerk's, the Montgomery County Clerk recommends entering into a paid building use agreement with KCS Land Research Corporation and Stewart Title.

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, upon review and approval of the County Attorney, sign a one year agreement with KCS Land Research Corporation and Stewart Title for a total revenue for both contracts of $3600 a year; and be further

RESOLVED, that said agreement shall be for a period of November 1, 2021 through October 31, 2022.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENT - OFFICE SPACE - KCS LAND RESEARCH CORP AND STEWART TITLE


II. Justification:

TO PROVIDE AUTHORIZATION OF LEASES WITH KCS LAND RESEARCH CORP AND STEWART TITLE


III. Legislative Impact:

THE COUNTY EXECUTIVE HAS THE AUTHORITY TO SIGN CONTRACTS ON BEHALF OF THE COUNTY PURSUANT TO ARTICLE 3 OF THE CHARTER


IV. Financial Impact:

$3600.00 PER YEAR WILL BE RECEIVED BY THE COUNTY AS REVENUE.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 233 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION INCREASING PETTY CASH ACCOUNT AMOUNT (COUNTY CLERK)


Resolution by Legislator: Pepe
Seconded by: Sweet

WHEREAS, it would be beneficial to increase the petty cash amount for the record room from $100.00 to $250.00 in the County Clerk's office for the purpose of providing change; and

WHEREAS, pursuant to County Law 371 a petty cash fund was established in the County Clerk's office in 2015 in the amount of $50.00; and

WHEREAS, pursuant to County Law 371 this petty cash fund shall continue from year to year until is abolished.

RESOLVED, that the Montgomery County Legislature hereby increases the petty cash account amount to $250.00 for the record room in the County Clerk's office; and be it

FURTHER RESOLVED, that the County Treasurer is authorized and directed to transfer an additional $150.00 from the cash account to the petty cash account for the purposes of increasing the petty cash amount for the County Clerk.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

INCREASE PETTY CASH ACCOUNT AMOUNT FROM $100.00 TO $250.00 FOR THE RECORD ROOM IN THE COUNTY CLERK'S OFFICE FOR THE PURPOSE OF PROVIDING CHANGE


II. Justification:

IT WOULD BE BENEFICIAL TO INCREASE THE PETTY CASH ACCOUNT AMOUNT DUE TO THE RECORD ROOM IN THE COUNTY CLERK'S OFFICE FOR THE PURPOSE OF MAKING CHANGE


III. Legislative Impact:

PURSUANT TO COUNTY LAW 371 A PETTY CASH FUND CAN BE ESTABLISHED FOR ANY ADMINISTRATIVE UNIT OR OFFICER TO BE USED FOR PETTY CHANGE


IV. Financial Impact:

FUNDS WILL BE TRANSFERRED FROM THE CASH ACCOUNT TO THE PETTY CASH ACCOUNT



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 234 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE IN THE TOWN OF AMSTERDAM (COUNTY TREASURER)


Resolution by Legislator: Purtell
Seconded by: Wilson

WHEREAS, Montgomery County has obtained the real property parcel by tax foreclosure known as SBL 38.7-1-20 (74 Fort Johnson Avenue), located in the Village of Fort Johnson, Town of Amsterdam; and

WHEREAS, this property is not needed for County purposes; and

WHEREAS, this property previously was offered at tax foreclosure auctions but successful bidders failed to close on the property; and

WHEREAS, an individual has expressed interest in obtaining said real property parcel; and

RESOLVED, the Montgomery County Legislature hereby authorizes to convey all the right, title and interests of the County in and to said real property to Joseph E. Raczes for the sum of $1,000.00 plus associated deed filing fees; and

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to execute the deed and all related documents related to the conveyance of said property to Joseph E. Raczes.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Transfer tax foreclosed property owned by the County to Josehp E. Raczes 


II. Justification:

Property was offered at previous tax foreclosure auctions with successful bidders failing to pay balance due and close on the property.


III. Legislative Impact:

Approval of the Montgomery County Legislature is required for the transfer of County owned property


IV. Financial Impact:

Property would be sold for $1,000 and new owner would be responsible to pay all future taxes.  No tax revenue has been received on this property since 2016.



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 235 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

RESOLUTION APPROVING ABSTRACT OF AUDITED CLAIMS (COUNTY LEGISLATURE)


Resolution by Legislator: Wilson
Seconded by: Pepe

WHEREAS, pursuant to the Audit Guidelines, Section 2.02 (2), requires after examination and review of the claims by the County Auditor, 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 County Auditor has audited claims for the period of September 29, 2021 through October 26, 2021; 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 County Auditor, the claims are audited and attached hereto, are hereby approved for payment by the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Abstract of Audited Claims - October 2021

Statement of Legislative and Financial Impact:

I. Nature of Request:

APPROVING ABSTRACT OF AUDITED CLAIMS


II. Justification:

Pursuant to the Audit Guidelines, Section 2.02 (2), requires after examination and review of the claims by the County Auditor, 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 2.02 (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.


IV. Financial Impact:

no impact on the fund balance



cc: County Clerk
County Treasurer




Montgomery County Seal!RESOLUTION NO. 236 of 2021

DATED: October 26, 2021

RECOMMENDATION:
     

BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE "COUNTY"), DATED OCTOBER 26, 2021, AUTHORIZING THE REPLACEMENT OF GENERATORS AT THE COUNTY’S SANITARY DISTRICT #1 MAIN WASTEWATER TREATMENT PLANT AND FORT PLAIN PUMPING STATION, ESTIMATING THE AGGREGATE COST THEREOF TO BE $483,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $320,000.00 BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES


Resolution by Legislator: Sweet
Seconded by: Wilson

WHEREAS, the Board of the Montgomery County Sanitary District #1 has recommended and approved the replacement of generators at the District’s Main Wastewater Treatment Plant and the Fort Plain Pumping Station (the "Project"), all as more particularly described in correspondence and reports prepared by John M. McDonald Engineering, P.C. and PRIME AE Group of NY ; and

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

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 Project as follows:

Replacement of the main wastewater treatment plant generator, the Fort Plain pump station generator of the Sanitary District (the "Generators"), the maximum cost thereof being hereby estimated to be $483,000, appropriating said amount therefor and authorizing (i) the issuance of $320,000 bonds to finance a portion of such costs; and (ii) the transfer of $163,000 of the County’s appropriated fund balance for the balance of such costs;

SECTION 2

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes is 30 years pursuant to Section 11.00(a)(4) of the Law.

SECTION 3

The plan of financing includes the issuance of $320,000.00 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 is not subject to a mandatory or permissive referendum pursuant to Section 33.10 of the Law.

SECTION 15

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (10/26/2021)



Statement of Legislative and Financial Impact:

I. Nature of Request:

Funding the replacement of sewer district generators through issuance of bond.


II. Justification:

Replacement of generators are critical component of the district.


III. Legislative Impact:

Approval of a super majority (2/3 vote in favor) to issue bonds in the name of the County


IV. Financial Impact:

Principal and interest payments to be included in subsequent operating budgets - Paid by Sewer District through Ad Valorem tax.



cc: County Clerk
County Treasurer