TO: | Education/Government Committee |
Brian D. Sweet, Chairman, Legislator, District 2 Roy S. Dimond, Legislator, District 3 Daniel P. Wilson, Legislator, District 5 John M. Duchessi, Legislator, District 6 Michael J. Pepe, Legislator, District 7 | |
FROM: | Cheryl A. Reese, Clerk of the Legislature |
CC: | Legislators, County Attorney, County Treasurer, FMCC, Media |
DATE: | 4/19/2024 |
RE: | Committee Meetings |
Chairman Brian D. Sweet has called a meeting of the Education/Government Committee for 6:10 p.m. on Tuesday, March 20, 2018 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York. 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 AUTHORIZING CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT
3. RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION (COUNTY LEGISLATURE)
4. RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE)
5. OTHER
Res. # | Sponsor/Second | Recommendation | |
113 | RESOLUTION AUTHORIZING CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT | Pepe/Wilson | Move to Full Legislature |
114 | RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION (COUNTY LEGISLATURE) | Pepe/Purtell | Move to Full Legislature |
115 | RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE) | Kelly/Wilson | Move to Full Legislature |
RESOLUTION NO. 113 of 2018 DATED: May 22, 2018 RECOMMENDATION: |
RESOLUTION AUTHORIZING CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT
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WHEREAS, funding for the Allen House Project is coming from:
SUNY: | $1,300,000 |
FMCC FOUNDATION: | $1,300,000 |
TOTAL: | $2,600,000 |
WHEREAS, there are no Montgomery County funds involved with this project, and
WHEREAS, Resolution 133 dated May 23, 2017, authorized a $62,500 contract with JMZ Architects and Planners to provide Construction Administration Services, and
WHEREAS, this $62,500 contract was an amendment to the original Design Services Contract in the amount of $174,600, and
WHEREAS, Resolution 14 of 2018 authorized a $14,000 amendment to JMZ Architects and Planners Construction Administration Services Agreement but did not reflect the correct numbers of their contract; and
WHEREAS, that due to issues that have arisen during the construction phase of this project that has resulted in JMZ providing more services than originally expected, FMCC recommends that JMZ’s contract amount be increased by $15,250,
RESOLVED, that the contract with JMZ is approved as follows:
ORIGINAL CONTRACT: | $174,600 |
CONSTUCTION ADMIN SVCS (AMENDMENT NO. 1) | $62,500 |
AMENDMENT NO. 2 | $14,000 |
AMENDMENT NO. 3 | $15,250 |
REVISED CONTRACT AMOUNT | $266,350 |
FURTHER RESOLVED, the Montgomery County Executive, upon review and approval of the County Attorney, is authorized to execute all of the foregoing contracts and amendments.
RESOLUTION VOTE, passed with Aye(9). (5/22/2018)
I. Nature of Request:
RESOLUTION AUTHORIZING CONSTRUCTION SERVICES AGREEMENTS WITH JMZ ARCHITECTS FOR FMCC ALLEN HOUSE PROJECT
II. Justification:
Due to issues that have arisen during the construction phase of this project that has resulted in JMZ providing more services than originally expected, FMCC recommends that JMZ’s contract amount be increased by $15,250
III. Legislative Impact:
Authorized pursuant to Article 2 of the Montgomery County Charter.
IV. Financial Impact:
No funds from Montgomery County were used for this project.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 114 of 2018 DATED: May 22, 2018 RECOMMENDATION: |
RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION (COUNTY LEGISLATURE)
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WHEREAS, the Opioid Epidemic is a national tragedy that has greatly impacted the citizens of Montgomery County; and
WHEREAS, Montgomery County taxpayers have had to shoulder the costs of responding to the Opioid Epidemic; and
WHEREAS, Montgomery County wishes to hold the manufacturers of prescription opiates responsible for damages to the County arising out of aggressive marketing and distribution of opiates in and to the County; and
WHEREAS, Montgomery County wishes to join in the lawsuit venued in Suffolk County against manufacturers of prescription opiates brought by Simmons Hanly Conroy LLC and affiliate counsel Dreyer Boyajian LLP to recoup these damages.
NOW THEREFORE BE IT RESOLVED, that the Montgomery County Executive, upon review and approval of the Montgomery County Attorney is authorized and directed to enter into an agreement with Simmons Hanly Conroy LLC and affiliate counsel Dreyer Boyajian LLP to represent Montgomery County in connection with investigating and bringing an action against manufacturers of prescription opiates at no fee to the County unless a monetary recovery acceptable to the County is obtained by Simmons Hanly Conroy LLC in favor of Montgomery County, in which case the maximum contingent attorneys' fees shall be a twenty-five percent gross fee in addition to costs; and
BE IT FURTHER RESOLVED, that the Montgomery County Legislature authorizes the County to enter into litigation against manufacturers of prescription opiates; and
BE IT FURTHER RESOLVED, that Simmons Hanly Conroy LLC and affiliate counsel Dreyer Boyajian LLP shall report directly to the County Attorney on the status of the litigation at least once a month.
RESOLUTION VOTE, passed with Aye(9). (5/22/2018)
I. Nature of Request:
RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH SIMMONS HANLY CONROY LLC AND TO COMMENCE LITIGATION
II. Justification:
Montgomery County wishes to hold the manufacturers of prescription opiates responsible for damages to the County arising out of aggressive marketing and distribution of opiates in and to the County through the commencement of litigation.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Montgomery County Charter.
IV. Financial Impact:
This litigation shall be at no fee to the County unless a monetary recovery acceptable to the County is obtained by Simmons Hanly Conroy LLC in favor of Montgomery County, in which case the maximum contingent attorneys' fees shall be a twenty-five percent gross fee in addition to costs.
cc: | County Clerk County Treasurer |
RESOLUTION NO. 115 of 2018 DATED: May 22, 2018 RECOMMENDATION: |
RESOLUTION CONFIRMING APPOINTMENTS MADE BY THE COUNTY EXECUTIVE TO THE BOARD OF ETHICS (COUNTY EXECUTIVE)
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WHEREAS, pursuant to Section 201 of the Montgomery County Code of Ethics there shall be a Board of Ethics consisting of five members to be appointed by the County Executive, subject to confirmation by the County Legislature; and
WHEREAS, the Board of Ethics shall consist of three members who shall not be, nor for a period of two years prior to appointment have been, officers or employees of Montgomery County or any municipality located in Montgomery County or employed or compensated by Montgomery County as a vendor/contractor; and
WHEREAS, one member shall be an elected or appointed officer or employee of Montgomery County; and
WHEREAS, one member shall be an elected or appointed officer or employee of a municipality located within Montgomery County; and
WHEREAS, the term for members shall be for a period of three years; and
WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics each member shall be a Montgomery County resident and remain so during the term of his or her appointment; and
WHEREAS, pursuant to Section 201 (c) of the Montgomery County Code of Ethics, no member shall have any interest, as defined by Section 801 of the General Municipal Law, in any contract or transaction with the County; and
WHEREAS, pursuant to Section 201 (c) no member shall hold office in a political party or act as a lobbyist in the County; and
WHEREAS, the Board of Ethics currently consists of the following members:
NAME | POSITION | TERM EXPIRES |
Daniel Colon | County Employee | 12/31/2018 |
Robert Sullivan | Municipal Official | 12/31/2019 |
Michael McKenney | Non-employee | 12/31/2019 |
Eve Gordon | Non-employee | 12/31/2017 |
James Park | Non-employee | 12/31/2017 |
WHEREAS, the Montgomery County Executive has filed a written appointment with the Clerk of the County Legislature of:
____________ to fill the position of Non-Employee with a term expiring December 31, 2020; and
______________ to fill the position of Non-Employee with a term expiring on December 31, 2020; and
WHEREAS, less than sixty days has passed since these appointments were filed with the Clek of the Legislature; and
WHEREAS, the Montgomery County Legislature has undergone a committee review of the appointments; and
WHEREAS, the appointees meet the requirements as set forth by Section 201 (c) of the Montgomery County Code of Ethics.
NOW THEREFORE BE IT RESOLVED, that the Montgomery County Legislature confirms the following appointments:
NAME | POSITION | TERM EXPIRES |
Eve Gorgon | Non-employee | 12/31/2020 |
Non-employee | 12/31/2020 | |
BE IT FURTHER RESOLVED that within fifteen (15) days of the confirmation of this appointment that Eve Gordon shall file a financial disclosure statemnt with the Clerk of the Legislature pursuant to the Montgomery County Code of Ethics.
RESOLUTION VOTE, passed with Aye(9). (5/22/2018)
I. Nature of Request:
Resolution confirming appointments by the Montgomery County Executive to the Montgomery County Ethics Board.
II. Justification:
Terms of current members have expired and replacements are necessary.
III. Legislative Impact:
The Montgomery County Code of Ethics sets the procedure for appointment and confirmation of members to the Board of Ethics.
IV. Financial Impact:
None
cc: | County Clerk County Treasurer |