Chair Michael Pepe has called a meeting of the Education/Government Committee for 6:02 PM on Tuesday, February 20, 2024 in the Legislative Chambers, Montgomery County Office Bldg, 64 Broadway, Fonda, NY.

Minutes of the meeting will be 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

 B. Presentation by Soil & Water 

2. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AGREEMENT WITH NAPOLI SHKOLNIK AND TO COMMENCE LITIGATION -INSULIN (LEGISLATURE)

3. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO CONTRACTS WITH COLLAR CITY FOR PROVISION OF GENERAL AUCTIONING SERVICES (COUNTY LEGISLATURE)

4. RESOLUTION CONFIRMING THE APPOINTMENT OF PUBLIC HEALTH DIRECTOR MADE BY THE COUNTY EXECUTIVE (COUNTY LEGISLATURE)  

5. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO SIGN AN AGREEMENT WITH THE MONTGOMERY COUNTY SANITARY DISTRICT NO.1 FOR THE TREATMENT AND DISPOSAL OF LEACHATE FROM THE LANDFILLS LOCATED IN MONTGOMERY COUNTY - (SANITARY DISTRICT)

6. RESOLUTION CONFIRMING APPOINTMENT MADE BY THE COUNTY EXECUTIVE TO THE HUDSON MOHAWK RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL (COUNTY LEGISLATURE)

7. OTHER

RESOLUTION NO. 66 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, there have been litigations related to drug overcharges regarding insulin's and other diabetic medications, and

WHEREAS, many, if not the majority of Counties in New York like the County of Montgomery “self-insure,” meaning that they themselves pay the costs of workers compensation, health insurance and pharmaceuticals for their employees, dependents and retirees, and

WHEREAS, because the County of Montgomery directly purchases, indirectly reimburses for, or otherwise pays for the drugs at issue, the Montgomery County Legislature wishes to recover damages from wrongful price fixing, market division, and other antitrust violations.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislatures authorizes Montgomery County joining the other counties of New York in civil litigation alleging price fixing, market division, and other antitrust violations and any other related causes of action, including causes of action incurred at the Montgomery County Jail related to insulin's and other diabetic medications, and be it further

RESOLVED, that upon review and approval of the County Attorney, Montgomery County authorizes and directs the Montgomery County Executive to enter into an agreement with Napoli Shkolnik PLLC. to effectuate this resolution in connection with working with the County Attorney to investigate and bring an action against manufacturers related to drug overcharges related to insulin's and other diabetic medications at no fee or cost to Montgomery County unless a monetary recovery acceptable to Montgomery County is obtained by Napoli Shkolnik PLLC. , in which case the maximum contingent attorneys' fees shall be a twenty-five percent gross fee with costs  .

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 67 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, it is necessary to hire a company to run general auctions for Montgomery County; and 

WHEREAS, Montgomery County issued a Request for Proposals in 2023 for auctioning; and

WHEREAS, the Montgomery County Legislature wishes to award the contract to Collar City as the lowest, responsible, responsive bidder.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive is hereby directed to sign a contract with Collar City for a term of five years to run the auctioning services for Montgomery County

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 68 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, pursuant to §10.03 of the Montgomery County Charter there shall be a Public Health Director who meets the combination of education and experience deemed appropriate by the State Commissioner of Health, who shall be appointed by the County Executive, subject to confirmation by the County Legislature; and

WHEREAS, pursuant to §2.08 of the Montgomery County Charter the County Legislature shall undergo a committee review of appointees and confirm appointments no longer than sixty (60) days after the appointment has been filed with the Clerk of the Legislature; and

WHEREAS, it has been less than sixty (60) days after the appointment was filed with the Clerk of the Legislature.

RESOLVED, that the Montgomery County Legislature approves and confirms the appointment of Sara Boerenko as Public Health Director with the powers and duties set forth under §10.04 of the Montgomery County Charter, for a term of 6 years from April 24, 2023- April 23, 2029  and

FURTHER RESOLVED, that it is understood and agreed that such benefits of defense and indemnification are conferred upon Sara Boerenko as Public Health Director for any acts or omissions while acting within the scope of her duties as Public Health Director.

RESOLUTION VOTE, passed with Aye(6). Legislator Headwell, Jr. voted Nay. Legislators Allen and Pepe were absent. (2/27/2024)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 69 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego Counties for the purpose of landfill management: and

WHEREAS, said agreement calls for Montgomery County to provide post closure services and bill other counties; and

WHEREAS, the leachate generated by the landfills needs to be treated at a sewage treatment plant, and the Montgomery County Sanitary District No.1 operates such plant: and

WHEREAS, the Montgomery County Sanitary District No.1 did an upgrade at their wastewater treatment plant in 2018 that allows for the acceptance, treatment and disposal of the leachate generated by landfills; and

WHEREAS, the current contract with Montgomery County Sanitary District No.1 which sets forth the provisions for the acceptance of the leachate generated by the landfills for treatment (herein after referred to as the "leachate agreement") needs to be renewed; and

WHEREAS, the Montgomery County Sanitary District No.1 is a department of Montgomery County; and

WHEREAS, Montgomery County and Montgomery County Sanitary District No.1 will both benefit from the Leachate Agreement.

NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature hereby authorizes and directs the County Executive, following the review and approval of the County Attorney, to sign the Leachate Agreement, which is an agreement for leachate disposal, with the Montgomery County Sanitary District No.1 expiring on December 31, 2024 at a rate of 0.030 cents per gallon up to two (2) million gallons, and 0.0225 cents per gallon after.

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

RESOLUTION NO. 70 of 2024 DATED: February 27, 2024 RECOMMENDATION:

WHEREAS, the Hudson Mohawk Resource Conservation and Development Council is an independent nonprofit group that provides local leadership required for development and carrying out a plan for the orderly development, improvement, conservation and wise use of the natural resources thereby improving the economic opportunities of the people within the Hudson Mohawk Resource Conservation and Development Area consisting of Albany, Columbia, Greene, Montgomery, Rensselear and Schenectady counties; and

WHEREAS, membership of the Hudson Mohawk Resource Conservation and Development Council shall consist of one representative from the County Legislature or Board of Supervisors of each of the six counties along with two representatives appointed by the Soil and Water Conservation District from each of the six counties with a member at large elected by a simple majority of the Council members present; and

WHEREAS, membership on the Hudson Mohawk Resource Conservation and Development Council shall continue until a replacement is appointed; and

WHEREAS, all members must be in attendance of four meetings a year and failure to do so will result in a letter to the appointing authority requesting another representative; and

WHEREAS, the County Executive has appointed Legislator Martin Kelly to be the representative on the Hudson Mohawk Resource Conservation and Development Council; and

WHEREAS, this appointment has undergone committee review.

RESOLVED, the Montgomery County Legislature hereby confirms the appointment of Legislator Martin Kelly made by the County Executive to the Hudson Mohawk Resource Conservation and Development Council for a term of January 1, 2024 to December 31, 2024

RESOLUTION VOTE, passed with Aye(7). Legislators Allen and Pepe were absent. (2/27/2024)

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact: