§ 705. Formulation of capital budget and capital program.

(a)

Submission of data for referendum. In each year of a general election in the county, the county executive shall cause to be placed on the ballot for referendum all questions relating to the issuance of bonds or evidences of indebtedness as may require the approval of the voters of the county as provided in Section 718 of this Article. Such questions shall be determined as follows:

(1)

At such time or times as the county administrative officer may direct, the director of planning shall transmit to the director of budget and finance the recommendations of the planning board for borrowing for capital projects to be undertaken in the next ensuing two fiscal years and of a character requiring authorization by referendum. ( Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(2)

The county administrative officer shall then review such recommendations with the director of budget and finance in the light of the existing capital program, and shall submit to the county executive a borrowing plan for the forthcoming referendum. ( Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(3)

After approving or modifying such plan, the county executive shall submit the same to the county council, which shall have the power to approve, reduce or disapprove, but not to increase, the amount of borrowing therein proposed. The action of the council thereon shall be by ordinance which shall be exempt from the executive veto, and no question relating to such borrowing and which by law may require the authorization of the voters shall be placed on the ballot without first receiving such approval by the county council. The ordinance shall specify the purposes or classes of projects for which the funds are to be borrowed, and each question to be submitted to the voters shall include only one such purpose or class of projects. The ordinance need not include a reference to the period during which capital projects to be financed by the borrowing are to be undertaken. If it determines that a project is improperly classified, the county council may, by a vote of a majority plus one of the total number of county council members established by this Charter, place the project in the existing or a new appropriate classification. (Bill No. 86, 1978, § 1; approved by voters Nov. 7, 1978; effective Dec. 8, 1978; Bill No. 129, 1990, § 3; approved by voters Nov. 6, 1990; effective Dec. 7, 1990)

(4)

The county executive may include in the plan submitted to the county council proposals to modify borrowing ordinances previously approved by the council and by the voters at referendum in order to eliminate any reference therein to time periods during which capital projects are to be undertaken. Any proposed modification shall be by ordinance which shall be enacted in the same manner as described in Section 705(a)(3) above. The county council may approve a single modification ordinance to make modifications to more than one previously approved borrowing ordinance. Any modification ordinance shall be subject to referendum approval as required by Section 718 of this Article. (Bill No. 129, 1990, § 3) (Approved by voters Nov. 6, 1990; effective Dec. 7, 1990)

(b)

Preparation of capital budget and capital program. At such time or times as the county administrative officer may direct, each office, department, institution, board, commission, or other agency of the county government shall submit to the director of budget and finance for transmission to the department of planning an itemized list of the capital projects which such agency proposes to undertake in the ensuing fiscal year and the next succeeding five fiscal years thereafter. After consideration by the planning board, the director of planning shall transmit to the director of budget and finance the list of projects recommended by said board to be undertaken in the period aforesaid and its estimates of the cost thereof. The county administrative officer, with the assistance of the director of budget and finance, shall consider such recommendations with the other budget proposals and shall submit to the county executive, together with the current expense budget, a complete capital budget and capital program. (Bill No. 86, 1978, § 1; approved by voters Nov. 7, 1978; effective Dec. 8, 1978; Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(c)

Inclusion in capital budget of items not yet approved by referendum. In election years, when questions relating to county borrowing are to be placed on the ballot, the capital budget as approved by the county executive and proposed by the county executive to the county council may contain items to be financed by borrowing to be approved at the forthcoming election in the same year; but no such item which by law may require the approval of the voters shall be included in the county budget as finally adopted by the county council unless a favorable vote by referendum shall first have been recorded thereon as provided in Section 718 of this Article. ( Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)