DATED: September 22, 2020
RECOMMENDATION:
| TO: | Education/Government Committee |
| Robert Headwell, Jr., Chairman, Legislator, District 4 John Thayer, 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, Media |
| DATE: | 4/20/2024 |
| RE: | Committee Meetings |
Chairman Robert Headwell, Jr. has called a meeting of the Education/Government Committee for 6:04 p.m. on Tuesday, September 15, 2020 in the Legislative Chambers, County Office Building, 64 Broadway, Fonda, New York 12068.
Members of the public may liste/n to the meeting by calling 1-872-240-3412, Access Code 366-381-285. 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 AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE)
3. OTHER
| Res. # | Sponsor/Second | Recommendation | |
| 159 | RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE) | Pepe/Thayer | Move to Full Legislature |
| RESOLUTION NO. 159 of 2020 DATED: September 22, 2020 RECOMMENDATION: |
RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE)
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WHEREAS, on June 19, 2019 Montgomery County received a Notice of Claim for claims alleged by Kirstyn Newkirk arising out of actions taken by National Grid under a road permit they had with Montgomery County; and
WHEREAS, this claim was tendered by Montgomery County to National Grid in July 2019 and again on August 6, 2019 with a demand for defense and indemnification; and
WHEREAS, on August 21, 2019 a representative from National Grid responded to the initial defense and indemnification demand and admitted that a representative from Talman Construction was working in the area where the accident occurred and that National Grid was working on tendering the claim to this subscontractor; and
WHEREAS, National Grid has since refused to defend or indemnify the County; and
WHEREAS, on September 8, 2020 Montgomery County was served with a lawsuit for damages sustained due to National Grid's negligence.
NOW THEREFORE BE IT RESOLVED, that the Montgomery County Attorney is authorized and directed to commence litigation against National Grid to defend and indemnify Montgomery County for actions taken by National Grid and/or their contractors.
RESOLUTION VOTE, passed with Aye(9). (9/22/2020)
I. Nature of Request:
RESOLUTION AUTHORIZING COMMENCEMENT OF LITIGATION AGAINST NATIONAL GRID (COUNTY LEGISLATURE)
II. Justification:
National Grid has an obligation to defend and indemnify Montgomery County for damages caused arising from National Grid's work on County roads.
III. Legislative Impact:
Authorized pursuant to Article 2 of the Charter.
IV. Financial Impact:
Initial litigation expenses are anticipated to be covered in the County Attorney's budget.
| cc: | County Clerk County Treasurer |