Montgomery County Seal!RESOLUTION NO. 120 of 2024
DATED: April 23, 2024
     

RESOLUTION ADOPTING INTRODUCTORY LAW B (LOCAL LAW 2 OF 2024) - A LOCAL LAW AMENDING LOCAL LAW 2 OF 2021  (COUNTY LEGISLATURE)


Resolution by Legislator:   Pepe
Seconded by: Wilson

WHEREAS, pursuant to Resolution #___ of 2024, the recycling contract was awarded to County Waste & Recycling Services, Inc.; and

WHEREAS, it was recommended that Montgomery County increase the recycling fees to offset the increase in the new contract to keep the recycling program a cost neutral venture for the County.

THEREFORE BE IT RESOLVED,that the Montgomery County Legislature authorizes and directs recycling fees at the Montgomery County transfer stations to be:

              $100.00/ton for the period May 1, 2024 through April 30, 2025.

              $105.00/ton for the period May 1, 2025 through April 30, 2026

              $110.00/ton for the period May 1, 2026 through April 30, 2027

 

WHEREAS, Local Law 2 of 2021 established a tipping fee for the disposal of recyclables at the County's transfer stations; and

WHEREAS, given the increased cost of the recent RFP for disposal for recyclables it is necessary to amend the tipping fee set forth in Local Law 2 of 2021; and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.  

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law B  (Local Law 2 of 2024) entitled "A Local Law Amending Local Law 2 of 2021" hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to amend the tipping fee for the disposal of recyclables at the County's transfer stations

Section 2:

Section 2 of Local Law 2 of 2021 is hereby amended to add the following:

       

              $100.00/ton for the period May 1, 2024 through April 30, 2025

              $105.00/ton for the period May 1, 2025 through April 30, 2026

              $110.00/ton for the period May 1, 2026 through April 30, 2027

 

Section 3:

The purpose for charging fees is to offset the County's charges for this service.

Section 4:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 5:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 6:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(8). Legislator Majewski was absent. (4/23/2024)


Statement of Legislative and Financial Impact:

I. Nature of Request:

AUTHORIZING AN INCREASE IN RECYCLING FEES AT COUNTY TRANSFER STATIONS 


II. Justification:

Montgomery County currently realizing a cost neutral effect for recycling fees at the transfer station.  Rate increases would keep cost neutral effect in place.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Increasing recycling fees would offset the increases in the recycling contract and be neutral effect to the County.  The recycling fee increases would be as follows:

5/1/24 - 4/30/25              $100.00/ton

5/1/25 - 4/30/26              $105.00/ton

5/1/26 - 4/30/27              $110.00/ton



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Sweet (R) Yes 
Allen (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
Majewski (D) Absent 
Pepe (R) Yes 
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 23rd day of April, 2024, 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 3rd day of May, 2024


Totals:Aye: 8
Nay: 0 
Abstained: 0
Absent: 1



This resolution was approved by the County Executive on 5/3/2024
Resolution was enacted on 5/3/2024