Resolutions

RESOLUTION NO. 46 of 2023
DATED: February 28, 2023

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)

Resolution by Legislator:

Purtell

Seconded by:

Wilson

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 the 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 the landfills; and

WHEREAS, the current contract with Montgomery County Sanitary District No.1 which sets forth the terms and provisions for the acceptance of the leachate generated by the landfills for treatment (hereinafter 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 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, 2022 at a rate of .030 cents per gallon up to two million gallons, and .0225 cents per gallon after.

RESOLUTION VOTE, passed with Aye(7). Legislators VACANT and Pepe were absent. (2/28/2023)

Attachment
Statement of Legislative and Financial Impact:

I. Nature of Request:

Authorizing the County Executive to sign the Leachate Agreement between Montgomery County and the Montgomery County Sanitary District No.1.

II. Justification:

Montgomery County has entered into an Intermunicipal Agreement with Schoharie and Otsego counties for the purpose of landfill management, which requires Montgomery County to provide post closure services and bill the other counties. The agreement currently in place to dispose of leachate for the landfills with the Montgomery County Sanitary District No.1 needs to be renewed.

III. Legislative Impact:

Pursuant to General Municipal Law 119-o municipal corporations have the power to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative contract basis.

Pursuant to Article 3 of the Montgomery County Charter, the Montgomery County Executive has the authority to enter into contracts.

IV. Financial Impact:

Increased revenue for Montgomery County Sanitary District No.1. Cost savings for Montgomery County.

cc:

County Clerk
County Treasurer

Voting Record
Kelly	(R)	Yes
Sweet	(R)	Yes
Allen	(D)	Yes
Headwell, Jr.	(R)	Yes
Wilson	(R)	Yes
VACANT	(D)	Absent
Pepe	(R)	Absent
Kowalczyk	(D)	Yes
Purtell	(D)	Yes

STATE OF NEW YORK County of Montgomery ss.: This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 28th day of February, 2023, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof. IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 1st day of March, 2023
Totals:	Aye:	7
	Nay:	0
	Abstained:	0
	Absent:	2