RESOLUTION NO. 36 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 23 of 2018 authorized the County Executive to sign contracts with New York State Department of State (NYSDOS) to complete technical and market analysis necessary to gauge the potential for redevelopment of the former Beech-Nut plant, in which Montgomery County was awarded and said funds were included in the 2018 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2019; and

WHEREAS, it is necessary to carry forward said funding in the 2020 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for grant funding to allow for completion of the Exit 29 Site and Reuse Analysis as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 37 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 74 of 2019 authorized the County Executive to sign contracts with New York State Department of State (NYSDOS) for a projects that would further the goals and objectives of the Local Waterfront Revitalization Program in respect to the Kayak Share Project, in which Montgomery County was awarded and said funds were included in the 2019 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2019, and

WHEREAS, it is necessary to carry forward said funding in the 2020 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for grant funding to allow for completion of the Kayak Share project grant as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 38 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 205 of 2018 authorized the County Executive to sign contracts with the Department of State (NYSDOS) to update the existing and out-of-date Western LWRP plan for the Erie Canal/Mohawk River waterfront in the Village and Town of St. Johnsville, Village of Fort Plain, and Town of Minden, in which Montgomery County was awarded and said funds were included in the 2018 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2019, and

WHEREAS, it is necessary to carry forward said funding in the 2020 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for grant funding to allow for completion of the Microenterprise grant as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 39 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 50 of 2019 authorized the County Executive to sign contracts with Homes and Community Renewal (NYSHCR) to request funding in order to assist local farmers and to target agriculture start-up and expanding businesses throughout the boundaries of Montgomery County in which Montgomery County was awarded and said funds were included in the 2019 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and 
 
WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2019, and

WHEREAS, it is necessary to carry forward said funding in the 2020 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for grant funding to allow for completion of the Microenterprise grant as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 40 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 266 of 2018 authorized the County Executive to sign contracts with New York State Department of State (NYSDOS) to request funding in order to undertake (Phase 2) study/planning projects associated with four inter-governmental initiatives through-out Montgomery County in which Montgomery County was awarded and said funds were included in the 2018 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is assisting in implementing and administering said grant on behalf of Montgomery County to complete the project; and

WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2019, and

WHEREAS, it is necessary to carry forward said funding in the 2020 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for grant funding to allow for completion of the Microenterprise grant as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 41 of 2020 DATED: February 25, 2020 RECOMMENDATION:

BE IT ENACTED by the Montgomery County Legislature (the “County Legislature”), as follows:

WHEREAS, the Montgomery County Capital Resource Corporation (the “Issuer”) was created pursuant to Section 1411 of the Not-For-Profit Corporation Law of the State of New York, as amended (the “Enabling Act”). Pursuant to the provisions of the Enabling Act and Revenue Ruling 57-187 and Private Letter Ruling 200936012, the County Legislature of Montgomery County, New York (the “County”) adopted a resolution (A) authorizing the incorporation of the Issuer under the Enabling Act and (B) appointing the initial members of the board of directors of the Issuer. Subsequently, a certificate of incorporation was filed with the New York Secretary of State’s Office (the “Certificate”) creating the Issuer as a public instrumentality of the County; and

WHEREAS, the Issuer is authorized and empowered by the provisions of the Enabling Act to relieve and reduce unemployment, promote and provide for additional and maximum employment, better and maintain job opportunities, and lessen the burdens of government and act in the public interest, and in carrying out the aforesaid purposes and in exercising the powers conferred in the Enabling Act, the EnabLing Act declares that the Issuer will be performing essential governmental functions; and

WHEREAS, to accomplish its stated purposes, the Issuer is authorized and empowered under the Enabling Act to acquire real and personal property; to borrow money and issue negotiable bonds, notes and other obligations therefore; to lease, sell, mortgage or otherwise dispose of or encumber any of its real or personal property upon such terms as it may determine; and otherwise to carry out its corporate purposes in the territory in which the operations of the Issuer are principally to be conducted; and

WHEREAS, Family Counseling Center of Fulton County, Inc., a New York State not-for-profit corporation (the “Borrower”) has submitted an application (the “Application”) to the Issuer, a copy of which Application is on file at the office of the Issuer, which Application requested that the Issuer consider undertaking a project (the “Project”) for the benefit of the Company, said Project consisting of the following: (A) (1) the construction and acquisition of an approximately 18,578 square foot addition to the Borrower’s existing facility to include designated treatment space, an observation room, meeting space and a children’s room (the “Facility”) located at 11-21 Broadway in the City of Gloversville, Fulton County, New York (the “Land”) and (2) the acquisition and installation of various machinery and equipment therein and thereon (the “Equipment”) (the Land, the Facility and the Equipment being hereinafter referred to as the “Project Facility”), all of the foregoing to constitute a behavioral health and social services facility and other directly and indirectly related activities for use by the Borrower; (B) the financing of all or a portion of the costs of the foregoing by the issuance of tax-exempt and/or taxable revenue bonds of the Issuer in one or more issues or series in an aggregate principal amount sufficient to pay the cost of undertaking the Project, together with necessary incidental costs in connection therewith, in an amount not to exceed $10,000,000 (the “Obligations”); (C) the payment of all or a portion of the costs incidental to the issuance of the Obligations, including issuance costs of the Obligations, capitalized interest and any reserve funds as may be necessary to secure the Obligations; and (D) the making of a loan (the “Loan”) of the proceeds of the Obligations to the Borrower or such other person as may be designated by the Borrower and agreed upon by the Issuer; and

WHEREAS, the Company has requested that interest on the Obligations be treated by the federal government as excludable from gross income for federal income tax purposes pursuant to Section 103 and Section 145(a) of the Internal Revenue Code of 1986, as amended (the “Code”); and

WHEREAS, the County Legislature has been advised by the Issuer that the Issuer proposes to issue, subsequent to the adoption of this resolution, the Obligations from time to time in a principal amount sufficient to fund all or a portion of the costs of the Project; and

WHEREAS, interest on the Obligations will not be excludable from gross income for federal income tax purposes unless, among other things, pursuant to Section 147(f) of the Code, the issuance of the Obligations is approved by the “applicable elected representative” of Montgomery County, New York after the Issuer has held a public hearing on the nature and location of the Project Facility and the issuance of the Obligations; and

WHEREAS, pursuant to the authorization contained in a preliminary inducement resolution adopted by the board of directors of the Issuer on December 12, 2019 (the “Preliminary Inducement Hearing Resolution”), the Chief Executive Officer of the Issuer (A) caused notice of the Public Hearing to be posted on January 31, 2020 on a bulletin board at the Old County Courthouse located at 9 Park Street in the Town of Fonda, Montgomery County, New York, (B) caused notice of the Public Hearing to be published on January 31, 2020 in the Amsterdam Recorder, a newspaper of general circulation available to the residents of Montgomery County, New York, (C) conducted the Public Hearing on February 13, 2020 at 4:00 o’clock p.m., local time at the Old County Courthouse located at 9 Park Street in the Town of Fonda, Montgomery County, New York, and (D) prepared a report of the Public Hearing (the “Hearing Report”) which fairly summarized the views presented at said Public Hearing and distributed same to the board of directors of the Issuer and to the County Legislature; and

WHEREAS, pursuant to Section 147(f) of the Code, the County Legislature desires to allow the interest on the Obligations to be treated as excludable from gross income for federal income tax purposes; and

WHEREAS, pursuant to the Issuer’s Certificate, neither the Obligations nor any other obligation of the Issuer shall be a debt of Montgomery County, New York, nor shall Montgomery County, New York be liable thereon;

NOW, THEREFORE, BE IT RESOLVED by the Montgomery County Legislature as follows:

 Section 1.

For the sole purpose of qualifying the interest payable on the Obligations for exclusion from gross income for federal income tax purposes pursuant to the provisions of Section 145(a) of the Code, the County Legislature, as the elected legislative body of Montgomery County, New York, hereby approves the issuance by the Issuer of the Obligations, provided that the Obligations, and the premium (if any) and interest thereon, shall be special obligations of the Issuer and shall never be a debt of the State of New York, Montgomery County, New York or any political subdivision thereof (other than the Issuer), and neither the State of New York, Montgomery County, New York nor any political subdivision thereof (other than the Issuer) shall be liable thereon.

 Section 2. 

This resolution shall take effect immediately.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislator Thayer abstained. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

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RESOLUTION NO. 42 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, pursuant to General Municipal Law § 856 an Industrial Development Agency shall consist of not less than three nor more than seven members who shall be appointed by the governing body of each municipality and who shall serve at the pleasure of the appointing authority; and

WHEREAS, such members shall receive no compensation for their services; and

WHEREAS, the current Montgomery County Industrial Development Agency Board of Directors consist of the following: 

WHEREAS, the current Montgomery County Capital Resource Corporation Board of Directors consist of the following: 

WHEREAS, the Montgomery County Legislature desires to re-affirm the appointments to the boards of the Montgomery County Industrial Development Agency and Montgomery County Capital Resource Corporation as part of the Montgomery County Legislature’s routine annual re-affirmation of appointments to the Agency and the Corporation; and

RESOLVED, that the Montgomery County Legislature, in accordance with General Municipal Law 895-d, hereby re-affirms the appointment of the members noted above to the Board of Directors of the Montgomery County Industrial Development Agency and Montgomery County Capital Resource Corporation; and

FURTHER RESOLVED, that said appointees shall serve at the pleasure of the Montgomery County Legislature.

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 43 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Resolution 40 of 2019 authorized the County Executive to sign contracts with Environmental Conservation and Environmental Facilities Corp to conduct a feasibility study the failing sewer infrastructure at the fairgrounds and recommend upgrades to that infrastructure to encourage year round use of the facility, in which Montgomery County was awarded and said funds were included in the 2019 Operating Budget; and

WHEREAS, the Department of Economic Development & Planning is implementing and administering said grant on behalf of Montgomery County to complete the project; and
 
WHEREAS, to date, said funds for program were not completely received or expended as of December 31, 2019, and

WHEREAS, it is necessary to carry forward said funding in the 2020 Operating Budget to bring said project to fruition.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget to receive and provide for grant funding to allow for completion of the Fonda Fairground Sewer Upgrades Study grant as follows:

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislator Kelly abstained. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 44 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Village of Canajoharie and Montgomery County have an interest in revitalizing urban areas and stabilizing neighborhoods; and

WHEREAS, the Village of Canajoharie was awarded a total of $6,500,000 in Restore NY Communities grant funds for the purpose of revitalizing the Exit 29 site which is owned by the County; and

WHEREAS, in order to carry out said tasks and goals associated with the awarded funds the County solicited Bids for Beech-Nut Plant Environmental Cleaning, Asbestos Abatement and Bridge Removal; and

WHEREAS, Resolution #262 of 2019 awarded the contract to Apollo Dismantling Services, LLC. at a cost not exceed $3,444,116.00; and 

WHEREAS, additional asbestos transite material was discovered on Bridge #1 which is to be removed during scope of awarded bid; and

WHEREAS, costs associated with additional asbestos removal is $19,080.00.

RESOLVED, the Montgomery County Legislature hereby authorizes approval of Change Order #1 for Apollo Dismantling Services, LLC. at a cost not to exceed $19,080.00 for services outlined in Change Order #1.

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 45 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Montgomery County Public Health Department receives rabies expense reimbursement grant funding from the NYS Department of Health for the provision of human rabies treatment, rabies specimen collection/testing and rabies pet vaccination clinics; and 

WHEREAS, such funding had previously been accomplished through an informal agreement procedure with the NYS Department of Health since the early 1990's; and 

WHEREAS, the NYS Department of Health has estimated an annual contract reimbursement amount, for each period of the multi-year contract, based on previous year's reimbursements; and 

WHEREAS, the estimated annual reimbursement amounts are for budgetary purposes only and actual reimbursement will be based on actual expenditures rather than a fixed maximum reimbursement structure.

RESOLVED, that the County Executive hereby authorizes acceptance of the Rabies Reimbursement Grant Contract; and 

FURTHER RESOLVED, that the County Executive, following review and approval by the County Attorney, hereby is authorized and directed to sign the Rabies grant contract. 

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 46 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted Immunization Action Plan (IAP) Grant funds per Resolution 16 of 2015; and

WHEREAS, the 2019-20 IAP Grant funds, for the period April 1, 2019 – March 31, 2020, were appropriated in the 2019 Public Health budget; and 

WHEREAS, there are unexpended 2019-20 IAP Grant funds available for carry-over to the 2020 Public Health budget. 

RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Treasurer to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 47 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Director of Community Services has determined that the funding due from Office of Alcoholism and Substance Abuse Services (OASAS) and the Office of Mental Health (OMH) needs to be amended per State Aid Letters received from agencies; and

WHEREAS, funds provided by Office of Alcoholism and Substance Abuse Services (OASAS) and the Office of Mental Health (OMH) can only be passed to the not-for-profit organizations that provided services in Montgomery County with proper budget authorization.

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

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RESOLUTION NO. 48 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Montgomery County Legislature accepted Public Health Emergency Preparedness Funds (PHEP) Grant funds per Resolution 114 of 2016; and

WHEREAS, the 2019-20 PHEP Grant funds, for the period July 1, 2019 – June 30, 2020,  were appropriated in the 2019 Public Health budget; and 

WHEREAS, there are unexpended 2019-20 PHEP Grant funds available for carry-over to the 2020 Public Health budget.

RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

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RESOLUTION NO. 49 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Department of Social Services has received an expansion grant of $500,000 for the Day Care program that covers child care expenses; and

WHEREAS, the Department requests the additional funding be added to the 2020 Operating Budget for the Day Care program.

RESOLVED, that the Montgomery County Legislature hereby supports, and authorizes the allocation of additional funds for Day Care Services.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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IV. Financial Impact:

RESOLUTION NO. 50 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Department of Social Services has a recent vacancy for a DSS Attorney; and     

WHEREAS, the Department is in need of legal services to perform the required work until a replacement is found.

RESOLVED, that the Montgomery County Legislature hereby supports the allocation of additional funds for Professional Services.

FURTHER RESOLVED, that the County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 51 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Sheriff has been awarded a grant totaling $4,000.00 from the Governors Traffice Safety Committee (GTSC) Police Traffic Safety Program; and

WHEREAS, the funding has been approved by the State to use for extra patrols for specific traffic regulation initiatives.

RESOLVED, the Montgomery County Executive is authorized and directed to sign necessary paperwork accepting $4,000.00 from the Governors Traffice Safety Committee (GTSC) Police Traffic Safety Program; and

RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 52 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Sheriff has recommended purchasing a Hot N Pop Pro for one of its K-9 vehicles; and 

WHEREAS, gifts and donations have been made to the Sheriff’s Office to completely cover the cost of acquiring said equipment. 

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 53 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Sheriff has recommended supporting the Montgomery County Sheriff's Office DARE program, the DARE program is now taught in four (4) different school districts throughout the county, OESJ, Fort Plain, Canajoharie and Fonda-Fultonville; and 

WHEREAS, gifts and donations have been made to the Sheriff’s Office to support the DARE program and purchases that are necessary for the instruction. 

RESOLVED, that the County Treasurer hereby is authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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IV. Financial Impact:

RESOLUTION NO. 54 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, the Sheriff has been awarded a grant totaling $383,222.00 from the 2019 SICG Statewide Interoperable Communications Grant Program; and

WHEREAS, the funding has been approved by the State to upgrade our 911 phone system and equipment pertaining to our microwave system for the ability to better communicate and improve Interoperable Communications; and 

WHEREAS, the equipment being purchased is an upgrade and compatible with our current system.

RESOLVED, the Montgomery County Executive is authorized and directed to sign necessary paperwork to accept the grant totaling $383,222.00 from the 2019 SICG Statewide Interoperable Communications Grant Program; and

RESOLVED, the Montgomery County Treasurer is hereby authorized and directed to amend the 2020 Operating Budget as follows:

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/25/2020)

I. Nature of Request:

II. Justification:

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RESOLUTION NO. 55 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, there is a need for winter maintenance on Montgomery County Highways; and

WHEREAS, Montgomery County contracts with towns and villages to provide snow and ice control on county roads; and

WHEREAS, per Resolution 8 of 2019, the rate per centerline mile to be reimbursed in 2020 is $5,930, which rescinded Resolution 226 of 2018 at $5,815 per centerline mile.

WHEREAS, upon completion of the 2020 Budget, appropriations for snow and ice control contracts was left at $2,295.646.00 from Resolution 226 of 2018 for 394.78 centerline miles of highways, resulting in a short fall of $45,399.40.

RESOLVED, that the County Treasurer is authorized and directed to amend the 2020 Operating Budget as follows:

MOTION TO AMEND by Legislator Kelly, seconded by Legislator Sweet, to change the RESOLVED clause as follows:

RESOLVED, that the County Treasurer is authorized and directed to amend the 2020 Operating Budget as follows:

passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent.(2/25/2020)

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 56 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Montgomery County Department of Public Works is responsible for maintaining 393 miles of county roads; and

WHEREAS, the Commissioner of Department of Public Works requests that due to the needs of the department, the position(s) of Part-time Laborer- (Temporary), be established; and

WHEREAS, the Commissioner of Department of Public Works has met with the Personnel Officer and confirmed that title of Laborer exists as a non-competitive title in the CSEA Bargaining unit, with an hourly rate for 2020 of $13.9580; and

WHEREAS, it is the intent of the Commissioner of Public Works to establish four (4) part-time laborer (Temporary) positions at twenty (20) hours per week per employee for road construction season, utilizing C.H.I.P.S. funds, and the positions are to be re-posted annually upon approval. (Line H 12 4 5110 25 2202).

RESOLVED, upon review and approval fo the positions of Part-time Laborer (Temporary) by the Montgomery County Personnel Officer, the Montgomery County Legislature establishes the positions of Part-time Laborer (Temporary) with a base salary of $13.9580 per hour, CSEA Grade A.              .

RESOLUTION VOTE, passed with Aye(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 57 of 2020 DATED: February 25, 2020 RECOMMENDATION:

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, § 7.03 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 2020 (LOCAL LAW 1 of 2020) hereby is submitted to the Montgomery County Legislature for consideration:

A LOCAL LAW AMENDING SECTION 7.03 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: 

§7.03 Annual Operating Budget

A. Preparation of the tentative budget.

1. On or before the 15th day of July in each year the County Legislature shall notify the County Executive in writing of any changes to the policy and practice guidelines previously adopted by the Legislature for determining expenditures, limits and priorities.

2. Notification of dates and data. The County Executive shall notify, in writing, the head of each administrative unit and authorized agency receiving County funds during the fiscal year of:
(a) The date fixed to receive estimates of revenues and expenditures for the ensuing fiscal year;
(b) The forms and information to be contained in such estimate and request;
(c) Such policy guidelines as may be provided by the County Legislature for determining expenditures, limits and priorities;
(d) This notification shall be sent to the head of each administrative unit and authorized agency not less than thirty (30) days prior to the date fixed for the submission of requests;

3. Submission of estimates and appropriation requests. On or before the fifteenth (15th) day of August in each year, or such earlier date as the County Executive may prescribe, the head of each unit of County government or authorized agency shall furnish to the County Treasurer an estimate of revenues and expenditures of his or her respective unit or authorized agency for the ensuing fiscal year, exclusive of capital projects. The estimates of each unit shall show the sources of revenues and the character and object of expenditures, which may be sub-classified by functions and activities. The estimate of eachunit shall be subdivided according to the internal organization of such unit. Estimates shall be submitted in such form and shall contain such additional information as the County Executive and the County Treasurer shall require, and the estimate of expenditures shall constitute or be accompanied by a request for an appropriation. Such estimates shall be based on and shall be accompanied by a tentative work program by each unit or authorized agency.

4. Review of requests. The County Treasurer, upon receipt of the estimates and requests for appropriations, shall proceed to make such review and investigation thereon, as he or she may deem necessary. He or she may require the head of each unit or any officer or employee thereof and any authorized agency requesting County funds to furnish, data and information and answer inquiries pertinent to such review or investigation. Members of the Legislature, the Clerk of the Legislature and the County Auditor shall be entitled to attend and participate in all such meetings and hearings.

5. Tentative County budget.
(a) Upon completion of the review and investigation of the estimates and requests from the various units and authorized agencies, the County Treasurer shall prepare, under the direction of the County Executive, the tentative County budget for the ensuing fiscal year for both current operating and capital purposes;
(b) The tentative budget shall be filed with the Clerk of the Legislature on or before the fifth (5th) day of September. The tentative budget shall include such information and detail as may be requested by the Legislature pursuant to § 7.04A2(c);
(c) The tentative budget shall include, without modification by the County Executive, such line item appropriation requests for the County Legislature and the Clerk of the County Legislature as are submitted by the Chair of the Legislature. This budget request shall be submitted to the County Treasurer in writing before the fifteenth (15th) day of September;

6. Estimated revenues. The estimated revenues in the tentative County budget shall be classified by accounts and units of County government, shall show sources of income and shall contain:
(a) A statement of all revenues which, it is estimated will be received by the County during the ensuing fiscal year, except from taxes to be levied;
(b) A statement of all unexpended balances, if any, at the end of the last completed fiscal year which are available to meet the expenditure requirements of the fiscal year for which the tentative budget is being prepared;
(c) An estimate of anticipated receipts from delinquent taxes, which shall not exceed the amount received in the previous fiscal year.

7. Additional data concerning debt. In addition to items of operation and maintenance, the tentative County budget shall include or be supplemented by a statement showing the bonded indebtedness of the County government and its agencies, the debt redemption and interest requirements, the indebtedness authorized and unissued, the condition of the capital reserve funds and the borrowing capacity of the County, and any other matter which the County Executive may deem advisable and the County Legislature may require.

8. Budget message. The tentative County budget shall be accompanied by the budget message from the County Executive. The budget message shall include an outline of the fiscal policy of the County government, a description of the important features of the budget with reference both to proposed expenditures and anticipated income. It shall include a request for an appropriation for the ensuing fiscal year.

B. Adoption of the annual operating budget.
1. Submission to the Legislature. The Clerk of the Legislature, upon receipt of the tentative budget from the County Executive as provided in § 7.03A5(b), shall transmit a copy of said tentative budget to each legislator and cause copies to be printed and made available to the public.

2. Preliminary review. The County Executive and County Treasurer shall meet with the Budget and Finance Committee of the Legislature within five (5) days after the transmittal of the tentative budget to review the document with said Committee.

3. Review by the Budget and Finance Committee. The Budget and Finance Committee of the Legislature shall conduct a public hearing on the tentative budget as submitted by the County Executive. The County Executive and the County Treasurer shall be present to answer questions about the budget. The Budget and Finance Committee shall then review the tentative budget submitted by the County Executive and shall file a report with the Clerk of the County Legislature on or before the twenty-fifth (25th) day of October. The report shall include any recommendations made by the Budget and Finance Committee. Copies of the report shall be made available to the public.

4. Public hearing by the County Legislature. On or before the fifth (5th) day of November, the County Legislature shall conduct a public hearing on the tentative County budget submitted by the County Executive and the report of the Budget and Finance Committee of the Legislature.

5. Legislative action after hearing. Following completion of the public hearing and prior to the tenth (10th) day of November, the Chair of the County Legislature shall convene a regular or special meeting of the County Legislature to consider for adoption the annual budget. The County Legislature may strike items of appropriations or anticipated revenues from the tentative budget or reduce items therein, excepting appropriations required by law for debt service, or add to or increase all such appropriations or revenue items in such budget. The Legislature shall state separately and distinctly any change and provide along with the budget it adopted a legislative memorandum detailing its amendments to the tentative budget.

6. Legislature's failure to act. If a budget has not been adopted, as herein provided, on or before the fifteenth (15th) day of November, the tentative budget as submitted by the County Executive shall be the budget for the ensuing fiscal year.

7. Executive veto. Within three (3) business days following the adoption of said annual budget by the Legislature, the Clerk of the Legislature shall forward to the County Executive the changes made by the County Legislature in the tentative budget for, approval or veto by the County Executive. The County Executive shall approve or veto any or all such changes by line item and return the same to the Clerk of the Legislature on or before the twenty-third (23rd) day of November together with a message containing justification of each line item veto. If no action is taken by the County Executive on or before the twenty-third (23rd) day of November, he or she shall be deemed to have approved the amendments.

8. Legislative reconsideration. Upon receipt of the veto message from the County Executive, the Chair of the Legislature shall convene the County Legislature on or before the thirtieth (30th) day of November for the purpose of reconsidering each vetoed item. Following such final action of the Legislature, the tentative budget, as amended by the legislative revision and approved by the County Executive, and items vetoed by the County Executive but overridden by the County Legislature by an affirmative vote of at least two-thirds (2/3) of the whole number of its members, shall become the final annual budget for the ensuing fiscal year.

9. Appropriations resolution. Upon adoption of the final annual budget, the County Legislature shall adopt an appropriations resolution to provide for the conduct of County government for the ensuing fiscal year.

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(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 58 of 2020 DATED: February 25, 2020 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 January 29, 2020 through February 25, 2020; 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(7). Legislator Headwell, Jr. voted Nay. Legislator Pepe was absent. (2/25/2020)

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RESOLUTION NO. 59 of 2020 DATED: February 25, 2020 RECOMMENDATION:

WHEREAS, Montgomery County is currently a party to ongoing claims brought by Perry Hill and James Rogers; and

WHEREAS, the Montgomery County Legislature is desireous of settling these claims; and

WHEREAS, the Montgomery County Legislature has been made aware of the terms of a tentative settlement resolving all potential claims without admission of liability which has been agreed to by the representatives of the various parties involved; and

RESOLVED, that any necessary County parties upon review and approval of the County Attorney, are hereby authorized to execute a Settlement Agreement in the above referenced case on behalf of the county, as well as other documents necessary to effectuate such settlement.

RESOLUTION VOTE, passed with Aye(8). Legislator Pepe was absent. (2/25/2020)

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