Chair Michael J. Pepe has called a meeting of the Education/Government Committee for 6:04 p.m. on Tuesday, March 21, 2023 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068.  

This meeting is in person, however, members of the public may participate by calling 1-646-749-3122, Access Code: 320-665-101. Minutes of the meeting will be transcribed and 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 ADOPTING INTRODUCTORY LAW A (LOCAL LAW 1 OF 2023) - A LOCAL LAW ESTABLISHING A TRAFFIC SAFETY BOARD (EMERGENCY MANAGEMENT)

3.  RESOLUTION AUTHORIZING AND APPROVING A SETTLEMENT AGREEMENT TO AN ACTION RELATING TO THE OPIOID CRISIS (COUNTY LEGISLATURE)

4.  RESOLUTION AUTHORIZING COUNTY EXECUTIVE TO SIGN CONTRACTS -  FLOOD INSURANCE COVERAGE AND ADDING NEW SHARED SERVICES BUILDING (COUNTY EXECUTIVE)

5.  OTHER 

RESOLUTION NO. 92 of 2023 DATED: March 28, 2023 RECOMMENDATION:

WHEREAS,  NYS Vehicle and Traffic Law Section 1672 authorizes a county to create a Traffic Safety Board; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for seven days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law A (Local Law 1 of 2023) entitled "A Local Law Establishing a Traffic Safety Board" hereby is adopted and is incorporated as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to create a Traffic Safety Board.

Section 2:

Each member shall be a resident of Montgomery County and shall be a qualified elector thereof . 

Section 3:

After the expiration of the initial terms each member shall have a three year term on the Traffic Safety Board. 

Section 4:

The Traffic Safety Board shall consist of the following:

Section 5:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 6:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 7:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 94 of 2023 DATED: March 28, 2023 RECOMMENDATION:

WHEREAS,  the matter of County of Suffolk v. Purdue Pharma L.P., et al., under Index No. 400001/2017 is pending in the Supreme Court, Suffolk County, regarding the opioid addiction crisis, in which the County of Montgomery is the named plaintiff in the action (the “Action”); and 

WHEREAS, the Action is against several defendants, including manufacturers of opioids, distributors of opioids and chain pharmacies; and

WHEREAS, the Action alleges several causes of action against defendants Walgreens, CVS, and Walmart (the “Pharmacies”) based on claims that the Pharmacies contributed to the opioid epidemic by failing to comply with their obligations under the federal Controlled Substances Act and the New York Controlled Substances Act to implement adequate measures to prevent diversion of the prescription opioids they distributed to pharmacies and others in Montgomery County, all of which contributed to a public health crisis in Montgomery County; and 

WHEREAS, Walgreens has agreed to enter into a fifteen year settlement agreement to distribute $57,561.25 to Montgomery County; and  

WHEREAS, CVS has agreed to enter into a ten year settlement agreement to distribute $53,620.05 to Montgomery County; and

WHEREAS, Walmart has agreed to enter into a six year settlement agreement to distribute $33,895.67 to Montgomery County; and 

WHEREAS, it is in the best interest of Montgomery County to resolve this matter with respect to the Distributors without further litigation and enter into the proposed Agreement.

NOW THEREFORE BE IT RESOLVED, that the County Executive is hereby authorized and directed, subject to County Attorney approval, to execute any necessary documents  to effectuate the settlement with the Distributors; and

BE IT FURTHER RESOLVED, that Simmons Hanly and the County Attorney are authorized and directed to execute any necessary documents to effectuate this settlement including but not limited to the Settlement Participation Form and the Sharing Agreements,  as attached hereto and made a part hereof; and 

BE IT FURTHER RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) Lead Agency, hereby finds and determines that the adoption of this resolution constitutes a Type II Action pursuant to Section 617.5(c)(26) and (33) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management, and information collections.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 93 of 2023 DATED: March 28, 2023 RECOMMENDATION:

WHEREAS, the County's flood insurance is about to expire and needs to be renewed; and 

WHEREAS, it is the recommendation of the County’s Broker, Arthur J. Gallagher Risk Management, that the County enter into a contract for flood insurance through Selective Insurance Company of New York at a cost not to exceed $70,000  for a term from April 3, 2023 through April 2, 2024; and

WHEREAS,it is necessary to add the new shared services building and updated contents of Venner Road to the insurance policy.

RESOLVED, that the County Executive, following the review and approval by the County Attorney, is hereby authorized and directed to sign a contract for the provision of Flood Insurance policies through County enter into a contract for flood insurance through Selective Insurance Company of New York at a cost not to exceed $70,000 for a term from April 3, 2023 through April 2, 2024; and

FURTHER RESOLVED, that the County Exeuctive, following review and approval by the County Attorney, is hereby authorized and directed to add the new shared services building and Venner Road contents to the insurance policy at a cost not to exceed $40,000 through December 31, 2023.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 95 of 2023 DATED: March 28, 2023 RECOMMENDATION:

WHEREAS, through Montgomery County's membership with the New York State Associaiton 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 2023 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 2023 as "Organ and Tissue Donation Awareness Month" in Montgomery County; and be it further

FURTHER RESOLVED, the 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 2023 as a means to raise awareness of the need for organ and tissue donors in Montgomery County.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (3/28/2023)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: