RESOLUTION NO. 279 of 2008 DATED: August 26, 2008

WHEREAS, the Montgomery County Sanitary District and Montgomery County have received a Notice of Claim regarding property located at 20 River Street in the Village of Nelliston, SBL# 46.10-3.12, and

WHEREAS, the Montgomery County Sanitary District and the County have submitted said claim to NYMIR, the County and District's insurance carrier and have been denied coverage for said claim, and

WHEREAS, the County and the District must retain an Attorney to prepare for the possibility of litigation concerning this matter, and

WHEREAS, the Sanitary District Board of Directors, by Resolution 5 of 2008, have authorized the Chairman of the Board of Directors to enter into an agreement to retain such defense counsel, and

WHEREAS, Montgomery County wishes to approve such contract and utilize said contractor in the County's defense as well,

RESOLVED, the Montgomery County Board of Supervisors hereby approves the Chairman of the Board of Directors of Montgomery County Sanitary District #1  to enter into an agreement with an Attorney to represent the Districts’ interest in said property, and

FURTHER RESOLVED, that said attorney shall represent the County's interest, as well, and

FURTHER RESOLVED, that said agreement shall not exceed a cost of $5,000.00 to be paid out of the Sanitary District's Budget.

MOTION TO AMEND by Supervisor Quackenbush, seconded by Supervisor Strevy, to:

1. strike the RESOLVED clause in its entirety and replace with the following:

RESOLVED the Montgomery County Board of Supervisors hereby approves the Chairman of the Board of Directors of Montgomery County Sanitary District #1 and the Chairman of the Montgomery County Board of Supervisors to enter into an agreement with an attorney to represent the district's and the County's interest in said property, and"

2. to strike the first FURTHER RESOLVED in its entirety.

3. To strike the second FURTHER RESOLVED in its entirety and to replace with the following:

"FURTHER RESOLVED that said agreement shall not exceed a cost of $5,000 to be paid equally out of the Sanitary District's 2008 Operating Budget and the County's contigency account of the general fund."


passed with Aye(1723).  Supervisors Walters and Stagliano were absent. (8/26/2008)

RESOLUTION ADOPTED with Aye(1723).  Supervisors Walters and Stagliano were absent. (8/26/2008)