Chair Martin Kelly has called a meeting of the Budget & Finance Committee for 6:00 PM on Tuesday, March 19, 2024 in the Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY.

Minutes of the meeting will be 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 PROCLAIMING APRIL 2024 AS "ORGAN AND TISSUE DONATION AWARENESS MONTH" IN MONTGOMERY COUNTY (COUNTY CLERK)

3. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED BY TAX FORECLOSURE IN THE VILLAGE OF CANAJOHARIE (COUNTY TREASURER)

4. RESOLUTION CORRECTING THE 2024 TOWN AND COUNTY TAX ROLL-TOWN OF PALATINE (REAL PROPERTY) 

5. RESOLUTION APPOINTING AUDIT COMMITTEE (LEGISLATURE)

6. OTHER

RESOLUTION NO. 85 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, through Montgomery County's membership with the New York State Association of Counties (NYSAC) and the New York State Association of County Clerks (NYSACC) New York's Counties have come together to collectively support Organ and Tissue Donation Month in New York State; and

WHEREAS, currently, nearly 114,000 men, women, and children are awaiting organ transplants in the United States; and

WHEREAS, organ, tissue, marrow, and blood donation are life-giving acts recognized worldwide as expressions of compassion to those in need; and

WHEREAS, in New York State there are approximately 10,000 people waiting for an organ transplant, the third-highest in the nation; and there is an estimated 500 New Yorkers that die every year waiting for an organ transplant; and

WHEREAS, New York's county governments play a key role in raising awareness of the need of organ and tissue donation; and

WHEREAS, the Montgomery County Legislature and the Montgomery County Clerk's Office through its Department of Motor Vehicles are proclaiming April of 2024 as "Organ and Tissue Donation Awareness Month" in Montgomery County to promote an increase in the number of registered organ donors; and now, therefore be it

RESOLVED, that the Montgomery County Legislature hereby proclaims the month of April 2024 as "Organ and Tissue Donation Awareness Month" in Montgomery County; and be it further

FURTHER RESOLVED, the Montgomery County Department of Public Works is directed to raise the "Donate Life" flag at the Montgomery County Office Building located at 64 Broadway, Fonda, NY for the month of April 2024 as a means to raise awareness of the need for organ and tissue donors in Montgomery County.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 86 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Montgomery County has obtained the real property parcel by tax foreclosure known as SBL 63.70-2-26 (14 Wheeler Street), located in the Village of Canajoharie; and

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

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

WHEREAS, an interested party has expressed interest in obtaining and cleaning up said real property parcel.

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 Anngale Paul for the sum of $100.00 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 Anngale Paul.

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 87 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, an application (RP-554) has been filed for a correction to the 2024 Town and County Tax Roll for the Town of Palatine, pursuant to Section 554 of the Real Property Tax Law, with the Director of Real Property, alleging an error in the 2024 Town and County Tax Roll:

Parcel 15.-2-40.21, 6831 State Highway 5, owned by Marcus and A. Elizabeth Hostetter was charged on inventory and an assessment that was not matching what the Assessor had intended; and

WHEREAS, the Director of Real Property has investigated and filed reports, pursuant to said law; and

WHEREAS, the Montgomery County Legislature finds that there was an error, shown as a Clerical Error, that is applicable in the application for correction; and

WHEREAS, Resolution 6 of 2024 allows the Montgomery County Auditor to sign corrections that do not exceed $2,500, and any corrections in excess of that amount must be determined by the Montgomery County Legislature;

RESOLVED, that the tax levying body hereby is authorized to and directed to approve said application by making notations on the original application and the duplicate, and by entering the corrected extension of taxes;

RESOLVED, that said Director of Real Property is also authorized to and directed to make an order setting forth the corrected taxes, and directing the officer having jurisdiction over the tax roll to correct the roll, and to affix the order and approved applications to the tax roll and the warrants, per Section 554 of the Real Property Tax Law, such annexed applications and warrants becoming part of such rolls; and

RESOLVED, that the Director of Real Property shall immediately submit to the officers having jurisdiction over the tax rolls, and above order, all applications; and

RESOLVED, that the Director of Real Property shall mail notices of approval of the applications to the applicants and the Auditor shall submit a monthly report, setting forth all corrections and/or refunds processed, to the Legislature; and

RESOLVED, that, provided the applications were filed pursuant to Paragraph 7A of 554 of the Real Property Tax Law, the applicants will have 8 days from the date of mailing to pay such corrected taxes due, if any, without interest; and

RESOLVED, that said officers having charge of the tax rolls are hereby ordered and directed to immediately collect the current tax; and

FURTHER RESOLVED, that the Montgomery County Treasurer is directed to charge any taxes deleted from the current roll, by this resolution, wherever appropriate, against the account of the respective property taxing jurisdiction in the next ensuing tax levy; and

FURTHER RESOLVED, that the Montgomery County Treasurer is directed to notify the appropriate districts, prior to May 1, 2024 of any levy cancelled by this resolution that will be charged back on the ensuing tax roll  

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 88 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, Local Law 1 of 2018 amended the Montgomery County Charter to read as follows:

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

(a) Appoint an Audit Committee, 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; and

WHEREAS, the Auditor has planned vacation and it is necessary to appoint an audit committee to perform the audit in the event of an absence.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby appoints a County Audit Committee  as follows:

Brian Sweet- Chairman of the County Legislature

Martin Kelly- Chairman of the Budget and Finance Committee; and

Herbert Allen- Legislator

RESOLUTION VOTE, passed with Aye(9). (3/26/2024)

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RESOLUTION NO. 115 of 2024 DATED: March 26, 2024 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 February 28, 2024 through March 26, 2024 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(9). (3/26/2024)

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RESOLUTION NO. 89 of 2024 DATED: March 26, 2024 RECOMMENDATION:

WHEREAS, the previously acquired a building and improvements located on real property located at 1 Venner Road in the City of Amsterdam, Montgomery County (the “Property”); and  

WHEREAS, the County Legislature has heretofore approved funding for renovations to the Property (the “Project”); and  

WHEREAS, the County Legislature desires to approve the method of financing the costs of such 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 Project is hereby estimated to be $1,750,000.00, which shall initially be paid from proceeds of the issuance of $1,750,000.00 serial bonds to finance such costs.

SECTION 2 

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

SECTION 3

The plan of financing includes the issuance of $1,750,000.00 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 expected to exceed five (5) years. 

SECTION 6

The serial bonds issued to finance the cost of the 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 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 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 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(8). Legislator Headwell, Jr. voted Nay. (3/26/2024)

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