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: | 4/24/2024 |
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
Res. # | Sponsor/Second | Recommendation | |
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/Kelly | Move to Full Legislature |
14 | RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE AMENDMENT TO CONSTRUCTION SERVICES AGREEMENT WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT | Pepe/Dimond | Move to Full Legislature |
15 | RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO EXECUTE CHANGE ORDER NO. 2 WITH BISHOP BEAUDRY CONSTRUCTION FOR FMCC ALLEN HOUSE PROJECT | Pepe/Wilson | Move to Full Legislature |
16 | RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE) | Dimond/Pepe | Move to Full Legislature |
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)
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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:
§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)
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 |
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
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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)
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 |
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
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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)
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 |
RESOLUTION NO. 16 of 2018 DATED: January 23, 2018 RECOMMENDATION: |
RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)
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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)
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 |