Chairman Michael J. Pepe has called a meeting of the Budget & Finance Committee for 6:06 p.m. on Tuesday, November 15, 2022 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068. 

This meeting is in person, however, members of the public may participate by calling 1-408-650-3123, Access Code 915-418-549. Minutes of the meeting 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. RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN BUILDING USE AGREEMENT - OFFICE SPACE - KCS LAND RESEARCH CORP (COUNTY CLERK)

2. RESOLUTION AMENDING RESOLUTION 232 OF 2022 (COUNTY LEGISLATURE)

3. RESOLUTION GRANTING $72,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FORT PLAIN SENIOR CENTER FOR KITCHEN RENOVATIONS (COUNTY LEGISLATURE)

4. RESOLUTION GRANTING $150,000 OF AMERICAN RESCUE PLAN FUNDS TO THE FRIENDS OF THE SANFORD STUD FARM (COUNTY LEGISLATURE) 

5. RESOLUTION GRANTING $50,000 OF AMERICAN RESCUE PLAN FUNDS TO THE VILLAGE OF FONDA FOR A NEW SIDEWALK (COUNTY LEGISLATURE)

6. RESOLUTION DENYING APPLICATIONS FOR REFUNDS OF TAXES FOR 2021 & 2022 (REAL PROPERTY)

7. BOND RESOLUTION OF THE COUNTY OF MONTGOMERY, NEW YORK (THE “COUNTY”), DATED NOVEMBER 22, 2022, AUTHORIZING THE REMAINING DEMOLITION OF THE BEECH NUT SITE WITHIN THE COUNTY, ESTIMATING THE AGGREGATE COST THEREOF TO BE $4,000,000.00; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,000,000.00 SERIAL BONDS OF THE COUNTY TO FINANCE A PORTION OF SAID COST AND RELATED EXPENSES 

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

9. Dashboard reports

10. OTHER

RESOLUTION NO. 262 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, KCS Land Research Corporation have requested office space in Room 114 of the County Clerk's office building, 64 Broadway, Fonda, NY to use full time, to the extent 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.

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 the KCS Land Research Corporation for a total revenue of $1800 a year'; and

FURTHER RESOLVED, that said agreement shall be for the period of November 1, 2022 through October 31, 2023.

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 263 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS,  Resolution 232 of 2022 authorized use of $500,000 of American Rescue Funds to contract with UTC; and

WHEREAS, it is necessary to amend this resolution so that the amount authorized is $350,000.

NOW THERFORE BE IT RESOLVED that Resolution 232 of 2022 is amended to replace $500,000 with $350,000; and 

FURTHER RESOLVED, the County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 264 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; an 

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that a grant to the Fort Plain Senior Center, a nonprofit, for a new roof is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the Fort Plain Senior Center, in the amount of $72,000 for kitchen renovations; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to execute any necessary grant documents to implement this resolution; and 

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 265 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; an 

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that a grant to the Friends of the Sanford Farm for infrastructure improvements to the historic Sanford Stud Farm is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the Friends of the Sanford Stud Farm for infrastructure improvements to the historic Sanford Farm in the amount of $150,000; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to execute any necessary grant documents to implement this resolution; and 

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 266 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, Montgomery County received American Rescue Plan funds; an 

WHEREAS, Montgomery County has been working with Venesky Group, a consultant, that has affirmed that a grant to the Village of Fonda for a new sidewalk is an allowable use of American Rescue Plan Funds. 

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature authorizes and directs that a grant be awarded to the Village of Fonda, in the amount of $50,000 for a new sidewalk; and

BE IT FURTHER RESOLVED, that the Montgomery County Executive is authorized and directed to execute any necessary grant documents to implement this resolution; and 

BE IT FURTHER RESOLVED, that the Montgomery County Treasurer is hereby authorized and directed to amend the 2022 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 267 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, a proprty owner has filed an application for a partial refund for the 2021 & 2022 Town and County tax bills with the Director of Real Property alleging errors on the 2021 & 2022 tax rolls; and

WHEREAS, the Director of Real Property has investigated and filed reports disagreeing with these claims, pursuant to the Real Property Tax Law; and

WHEREAS, the Montgomery County Legislature hereby denies the the application for correction of the 2021 & 2022 Town & County tax rolls as follows:

Denied- no proper procedure was followed by the owner or the Asessor to warrant the correction of the alleged errors to the tax rolls.

FURTHER RESOLVED, that the application shall be marked "denied"; and

FURTHER RESOLVED, that the said Director of Real Property is hereby directed to mail the denied application to the applicant

RESOLUTION VOTE, passed with Aye(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 269 of 2022 DATED: November 22, 2022 RECOMMENDATION:

WHEREAS, the County Legislature has heretofore approved funding for the remaining demolition of theBeech Nut site within the County (the “Project”); 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 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 $4,300,000.00, which shall initially be paid from the issuance of $4,300,000.00 serial bonds to finance such costs.

SECTION 2

It is determined that the period of probable usefulness of the aforesaid specific objects or purposes is ten (10) years pursuant to Section 11.00(a)(12-a)(b) of the Law.

SECTION 3
The plan of financing includes the issuance of $4,300,000.00 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(6). Legislators Wilson, Duchessi and VACANT were absent. (12/6/2022)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 268 of 2022 DATED: November 22, 2022 RECOMMENDATION:

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 October 26, 2022 through November 22, 2022 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(5). Legislators Dimond, Duchessi, VACANT and Purtell were absent. (11/22/2022)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: