By JAIME STUDD

For the C-S-E

FONDA — A resolution authorizing a $20,000 transfer of funds to the county’s professional services account drew some debate during Tuesday night’s meeting of the Montgomery County Board of Supervisor’s Finance Committee.

Earmarked for “litigation defense,” the resolution indicated the transfer was necessary to cover additional legal expenses incurred in the ongoing defense of the county against a lawsuit filed in 2009 by a Nelliston property owner.

In the suit, which also names Montgomery County Sanitary District No. 1 and the village of Nelliston, Kimberly Patterson claims that a sewer pump station operated by the district and a subsurface sewer line feeding it are located on or across a portion of her River Road property.

Patterson further maintained that none of the entities involved have easements allowing for maintenance of either.

Patterson sought $100,000 for the “fair rental value” of past occupancy, entry and use of the property and $2,000 for future use.

Amsterdam town Supervisor Tom DiMezza led the opposition Tuesday night, indicating that he would not support paying the law firm representing both the county and the sewer district any additional funds.

“There shouldn’t be any more money spent on this case,” DiMezza said. “As far as I’m concerned, we’ve paid way more and beyond what we should’ve paid.

“This has cost us over $200,000,” he added.

Amsterdam 5th Ward Supervisor Michael Chiara said it was unclear to him exactly why $20,000 was specifically being requested and cited the wording in the resolution itself, specifically the clause that notes a 2010 resolution “extended the agreement for pending litigation and provided additional funding” as problematic.

“I think that means beyond the scope of what we thought,” Chiara said.

“Regardless, it does seem like an awful lot of money,” he added.

Montgomery County Attorney Douglas Landon attempted to clarify, saying he believed the additional funds were to cover bills for services already provided, but not yet paid.

“The resolution is outdated,” Landon said, “but it doesn’t appear to be wrong.”

“It would be easier to know where the contract is and what the $20,000 does for it,” said St. Johnsville town Supervisor and Finance Committee Chairman Dominick Stagliano.

Landon said the resolution is simply to replenish funds in the professional services account and does not necessarily mean that the county is facing an additional $20,000 bill from the law firm.

“The bill could be $2,000,” Landon said. “Without knowing, we’re just guessing.”

“I don’t think it’s anywhere near this,” Stagliano agreed.

Landon and Minden town Supervisor Tom Quackenbush also noted that the litigation in question is not the only bills being paid out of the professional services account.

“The professional services line item that we’re moving this to is for any professional service, not just the lawyer,” Quackenbush said. “I think what this is saying is that that line item is depleted.”

In the absence of any additional information on the matter, the committee ultimately voted to move the resolution to the full board, but without a recommendation, in the hope that it could be further clarified prior to next week’s full board meeting.

DiMezza dissented.

After some consideration, Chiara reluctantly agreed.

“I’ll move it, but I want a lot of information at the meeting,” he said. “I want something I can understand.”