Montgomery County Seal!RESOLUTION NO. 164 of 2012

DATED: August 14, 2012
     

RESOLUTION ADOPTING LOCAL LAW NO. 2 OF 2012- A LOCAL LAW IN RELATION TO THE ADOPTION OF A COUNTY CHARTER FOR THE COUNTY OF MONTGOMERY, STATE OF NEW YORK, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 4 OF THE MUNICIPAL HOME RULE LAW OF THE STATE OF NEW YORK (BOARD OF SUPERVISORS)
Resolution by Supervisor:   Coddington
Seconded by: Rajkowski

WHEREAS, a proposed Local Law for the County of Montgomery entitled: " A Local Law in relation to the adoption of a County Charter for the County of Montgomery in accordance with the provisions of Article 4 of the Municipal Home Rule Law of New York State" was presented to the Board of Supervisors for their consideration, and

WHEREAS, on July 24, 2012 Resolution No. 153 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 14th day of August 2012, at the time and place appointed, and

WHEREAS, said Public Hearing has been held,

RESOLVED, that Local Law No. 2 of 2012 hereby is submitted to the Montgomery County Board of Supervisors for consideration, following the holding of a Public Hearing, as follows:

LOCAL LAW NO. 2 OF 2012- A LOCAL LAW IN RELATION TO THE ADOPTION OF A COUNTY CHARTER FOR THE COUNTY OF MONTGOMERY, STATE OF NEW YORK, IN ACCORDANCE WITH ARTICLE NO. 4 OF THE MUNICIPAL HOME RULE LAW OF NEW YORK STATE

BE IT ENACTED, subject to approval by the electors of the County of Montgomery at a mandatory public referendum on November 6, 2012, by the Montgomery County Board of Supervisors as follows:

Montgomery County Charter as attached, effective January 1, 2014.

MOTION TO AMEND by Supervisor Chiara, seconded by Supervisor Stagliano, to delete "Article 4, Department of Finance" and insert "Aritcle 4, County Treasurer",  delete section "4.01. Department of Finance; Commissioner." and Section "4.02. Commissioner of Finance: powers and duties." and insert the following: "Section 4.01. County Treasurer. (a) The County Treasurer shall be elected from the County at large beginning in 2016, for a term of four (4) years commencing on the first day of January immediately following his or her election.  At the time of his or her election and throughout his or her term of office, the County Treasurer shall be a qualified elector of the County.  (b) The County Treasurer and all full-time managerial employees in the department shall serve on a full-time basis and shall not engage in any private practice nor be employed in their field of expertise with the County by any private or other governmental entity."  "4.02. County Treasurer; powers and duties. The County Treasurer shall have and exercise all the powers and duties now or hereafter conferred or imposed by state law, and shall perform such additional and related duties imposed upon him by local law." and make any changes here forward that that relates to removing "Finance Commissioner" and replace it with "County Treasurer" was defeated with Aye(904).  Supervisors Wheeler, Walters, Strevy, Rajkowski, Sweet and Thayer voted Nay.  Supervisors Barone, Sr. and DiMezza were absent. (8/14/2012)


MOTION TO RECONSIDER by Supervisor Wheeler, seconded by Supervisor Stagliano, passed with Aye(1150).  Supervisors Walters, Rajkowski, Sweet and Thayer voted Nay.  Supervisors Barone, Sr. and DiMezza were absent. (8/14/2012)


MOTION TO AMEND by Supervisor Chiara, seconded by Supervisor Stagliano,to delete "Article 4, Department of Finance" and insert "Aritcle 4, County Treasurer",  delete section "4.01. Department of Finance; Commissioner." and Section "4.02. Commissioner of Finance: powers and duties." and insert the following: "Section 4.01. County Treasurer. (a) The County Treasurer shall be elected from the County at large beginning in 2016, for a term of four (4) years commencing on the first day of January immediately following his or her election.  At the time of his or her election and throughout his or her term of office, the County Treasurer shall be a qualified elector of the County.  (b) The County Treasurer and all full-time managerial employees in the department shall serve on a full-time basis and shall not engage in any private practice nor be employed in their field of expertise with the County by any private or other governmental entity."  "4.02. County Treasurer; powers and duties. The County Treasurer shall have and exercise all the powers and duties now or hereafter conferred or imposed by state law, and shall perform such additional and related duties imposed upon him by local law." and make any changes here forward that that relates to removing "Finance Commissioner" and replace it with "County Treasurer" passed with Aye(1050).  Supervisors Walters, Strevy, Rajkowski, Sweet and Thayer voted Nay.  Supervisors Barone, Sr. and DiMezza were absent. (8/14/2012)


RESOLUTION VOTE, passed with Aye(1286).  Supervisor Rajkowski voted Nay.  Supervisors Barone, Sr. and DiMezza were absent.  Supervisor Strevy voted present. (8/14/2012)



Montgomery County Charter


County Attorney
cc: County Clerk
County Treasurer

Voting Record
Greco (R) Yes139
Stark (D) Yes138
Barone, Sr. (R) Absent132
Wheeler (R) Yes146
Chiara (C) Yes137
DiMezza (D) Absent207
Allen (R) Yes139
Walters (R) Yes51
Strevy (R) Present100
Coddington (R) Yes93
Quackenbush (R) Yes160
Rajkowski (R) No143
Sweet (R) Yes121
Thayer (R) Yes64
Stagliano (D) Yes98
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 14th day of August, 2012, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 21st day of August, 2012


Totals:Aye: 1286
Nay: 143 
Abstained: 0
Absent: 339