REGULAR SESSION
FIRST DAY
Wednesday, April 1, 2015
The Board Chair called the Board to order, the roll was called and the
following Representatives were found to be present:
Clark, Quackenbush, Lentz, Lindberg, Rosenthal, Hulse, McCarty, Schwerd,
Koutnik, Rowinski, Stuligross.
Under Privilege of the Floor, Ed Dawyot, Town of New Lisbon, commended
the Board Members that recently completed the CPR course. Mr. Dawyot
expressed concern with the move of the 911 center, noting that additional staff
at the Sheriff’s Department could cost the taxpayers.
Representative Powers arrived at the meeting.
Michael Whaling, Sharon Springs, expressed concern with the use of
pesticides along highways for weed control noting that Round Up has been
found to be a carcinogenic agent. Mr. Whaling stated that there is a
downstream responsibility and noted that there is an issue in how pesticides are
treated.
Bill Hayes, retired Bassett Social Worker, stated that April is Child Abuse
Prevention Month and the key is to focus on prevention. He noted resources to
include but not limited to: the ACES Study, www.preventchildabuse.org, and 1800-Children. Mr. Hayes asked that the Board recognize the efforts of all of the
Department of Social Services staff.
Maria Ajello, concerned tax payer and County Employee, asked that the
County negate the sale of her home, allow her to pay her delinquent taxes, and
convey the deed of her property back to her from the recent property tax
auction. Mrs. Ajello stated that the County Treasurer said that the property tax
auction litigation is costing the County’s taxpayers $250,000. Mrs. Ajello
submitted written questions to the Chair of the Board.
Russell Ahrens, concerned tax payer and County Employee, urged the
Board to pass a Resolution today allowing Maria Ajello to redeem her property.
Sam Dubben, Middlefield, NY, thanked the County for the funding that
was allocated to Cornell Cooperative Extension to help with their Regional Dairy
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and Field Crop Team which provides helpful services to local farmers.
Dubben noted that any investment to help farmers profit is one well spent.
Mr.
Bill Gibson, Cornell Cooperative Extension, thanked the County for their
investment and stated that initiatives and opportunities are continuing to grow,
programs are improving, and value is being added to crops to improve the
economic impact of Agriculture. Mr. Gibson noted that Cornell Cooperative
Extension is collaborating with CADE to improve profitability on dairy farms.
Loren Bramhall, Unadilla, NY is concerned with 2 fire code violations that
have been a concern near his residence since last year and urged that the law
be enforced and the violations be taken care of as they are a danger to himself
and his family.
Cheryl Sparks, Town of Richfield, County Employee stated she was a
bidder at the most recent property tax auction and noted that she did not yell
at anyone at the auction as stated by a prior owner of an auction property.
Betty Anne Schwerd, Board Representative, Hartwick, NY, stated that the
County Treasurer has said that the tax sale lawsuits are costing the County
$250,000. Representative Schwerd asked that copies of receipts be provided
and stated that it may be more cost effective to accept payments from Mrs.
Ajello and Mr. Force.
Representative Schwerd noted that Haroff’s auction brochure states that
the bidder for properties must appear in person, or the third party must identify
himself/herself as the agent or attorney for the bidder. Representative Schwerd
asked who purchased Robert Force’s property and was he present at the tax
sale?
Representative Schwerd asked how the purchase price of $2,000 in
Resolution No. 143 Authorizing Sale of County Owned Property was determined
and asked what the original sale price at the August auction was?
Representative Schwerd noted that Haroff’s auction brochure states that
the successful bidder must remit the entire balance, premium, and all closing
costs by noon on September 19, 2014. Representative Schwerd asked why it has
taken 6 months for the resolution regarding the Fogarty tax purchase?
Representative Schwerd asked for a recap of net sales from the County’s
property sales for the past ten years.
Representative Schwerd asked if Focus has remitted all funds due to the
County for electric and telephone expenses?
Representative Schwerd
submitted written questions to the Chair of the Board.
The minutes of March 4, 2015 were approved.
The following communications were read an ordered filed:
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Letter received from G.X. Cramatte, Chairman of the Otsego County Fire
Advisory Board, in regards to the status of the on going radio project and the
Counties efforts to assist with radio replacement for the Fire/EMS agencies. Mr.
Cramatte stated that they are appreciative to the County for trying to find a
way to assist them with the replacement of the radios and stated that they
would like any assistance to be in the form of financial assistance or
reimbursement in lieu of physical replacement of resources (Radios, Pagers).
The reports of the Standing Committees were given and ordered filed.
Representative Stuligross left the meeting.
The reports of the Special Committees were given and ordered filed.
Representative Lindberg moved to dispense with the reading of all
resolutions. Seconded, Koutnik. Total: 6,227; Ayes: 5,052; Absent: 1175-Frazier,
Gelbsman, Stuligross. Motion carried.
Board Chair Clark asked if any representative wished to remove a
resolution(s) from the consent agenda so it can be acted upon separately.
Representative Clark removed Resolution No. 130, Representative Lentz
removed Resolution No. 134, Representative Schwerd removed Resolution No.
136 and 143, Representative Rowinski removed Resolution No. 140, 141, and 142.
Board Chair Clark called for action on the consent agenda, excluding
Resolution Nos. 130, 134, 136, 140, 141, 142, and 143. Representative Lindberg
moved to act upon the consent agenda, Resolution Nos. 119-129, 131-133, 135,
137-139, and 144-149.
RESOLUTION NO. 119-20150401
RESOLUTION – AUTHORIZING CHAIR OF THE BOARD
TO EXTEND CONTRACT WITH ASHER GROUP FOR
REVERSE 911 SYSTEMS
LINDBERG, POWERS, GELBSMAN, MCCARTY, QUACKENBUSH
WHEREAS, based on the approval of the Public Safety and Legal Affairs
Committee, Otsego County wishes to extend the current contract for the
provision of Reverse 911 services; and
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WHEREAS, said Reverse 911 Systems will alert residents and visitors to
Otsego County via recorded voice and text messages announcing emergency
information, warnings, and instructions; and
WHEREAS, said contract extension will be funded fully through the Public
Safety Answering Point 2014 Grant at a cost of $27,000 for a period of 3 years;
and
WHEREAS, it appears to be in the best interests of the residents of the
County of Otsego to provide these services; now, therefore, be it
RESOLVED, that the Chair of the Board is hereby authorized to extend the
current contract for a period of 3 years with the Asher Group, 3300 Monroe
Avenue, Suite 317, Rochester, NY 14618 for the provision of Hyper Reach Reverse
911 for Otsego County for the total sum of $27,000 with the terms of said
agreement to be subject to the approval of the Otsego County Attorney; and
be it further
RESOLVED, that said contract shall contain such terms and provisions as
are in the best interests of the County of Otsego; and be it further
RESOLVED, that the funds for this contract are included in the 2015 Public
Safety Communications Budget (3020-A) at line 2000 Equipment.
RESOLUTION NO. 120-20150401
RESOLUTION – AUTHORIZING CHAIR OF THE
BOARD TO EXECUTE AGREEMENT WITH HEALTH
RESEARCH, INC. TO RECEIVE GRANT FUNDS
FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS
EBOLA PREPAREDNESS AND RESPONSE ACTIVITIES
QUACKENBUSH, ROWINSKI, KOUTNIK, SCHWERD, STULIGROSS
WHEREAS, $38,000 in grant funds are available through the State of New
York Department of Health for the development of the County’s Public Health
Emergency Preparedness Ebola Preparedness and Response Activities for the
period April 1, 2015 through September 30, 2016, said grant funds originating
from the Centers for Disease Control (CDC) for local public health departments;
and
WHEREAS, to access these grant funds, the County must contract with
Health Research, Inc. said company serving as the administration for these
funds; now, therefore, be it
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RESOLVED, that the Chair of this Board is hereby authorized to execute an
agreement with Health Research, Inc. (HRI), One University Place, Rensselaer,
New York 12144-3447, to access $38,000 in CDC grant funds for local public
health departments, for the development of the County’s Public Health
Emergency Preparedness Ebola Preparedness and Response Activities; and be it
further
RESOLVED, that said agreement shall contain such other terms and
provisions as are in the best interest of the County of Otsego.
RESOLUTION NO. 121-20150401
RESOLUTION – AMENDING RESOLUTION NO. 93-20150304 –
AUTHORIZING SUPERINTENDENT OF
HIGHWAYS TO CONTRACT FOR PURCHASE
OF CERTAIN MATERIALS, SUPPLIES AND SERVICES
(LIQUID ASPHALT, ASPHALT, COLD-IN-PLACE RECYCLING,
SHOTCRETE, PAVEMENT MARKING)
MCCARTY, LINDBERG, FRAZIER, SCHWERD, LENTZ
WHEREAS, Resolution No. 93-20150304 authorized the Otsego County
Superintendent of Highways to contract for certain materials, supplies and
services for the Highway Department for a one (1) year period; and
WHEREAS, there is a need to add a bid proposal that was inadvertently
taken off the original list; now, therefore, be it
RESOLVED, that the Otsego County Superintendent of Highways be and
hereby is authorized to enter into contracts for one (1) year with the following
firm as set forth below, in accordance with the specifications and bids
heretofore received; said bid proposals being on file at the Highway
Department and in the Office of the Clerk of the Board of Representatives:
SHOTCRETE: 1st 1yr. extension
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
and be it further
RESOLVED, that the funds for these materials, supplies and services are in
the 2015 Highway Budget under lines D5110.4500; D5110.4570; D5110.4572;
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D5110.4800; D5110.4818; D5112.2020; D5112.2092; D5112.2093; D5112.2095;
D5112.2098; D5113.2104; and D5113.2121.
RESOLUTION NO. 122-20150401
RESOLUTION – AUTHORIZING SUPERINTENDENT OF
HIGHWAYS TO CONTRACT FOR PURCHASE
OF CERTAIN MATERIAL, SUPPLIES AND SERVICES
MCCARTY, LINDBERG, FRAZIER, SCHWERD, LENTZ
WHEREAS, bids have been requested and duly received by the
Purchasing Agent for certain material, supplies and services for the Highway
Department; and
WHEREAS, the Purchasing Agent has made a report to the Public Works
Committee of this Board, and this Committee has made a recommendation to
this Board that the lowest responsible bids be accepted; now, therefore, be it
RESOLVED, that the Otsego County Superintendent of Highways be and
hereby is authorized to contract with the following firms as set forth below, in
accordance with the specifications and bid heretofore received; said bid
proposal being on file at the Highway Department and in the Office of the Clerk
of the Board of Representatives:
Guiderailing:
Chemung Supply
Route 14
PO Box 527
Elmira, NY 14902
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
Culvert Pipe:
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
Chemung Supply
Route 14
PO Box 527
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Elmira, NY 14902
Steel Sales Inc.
PO Box 539
Route 12
Sherburne, NY 13460
HD Supply Waterworks
183 Corporate Drive
Binghamton, NY 13904
ADS (Northeast)
Justin Schachtler
35 Sunnyside Drive
Utica, NY 13501
Structural Steel:
Chemung Supply
Route 14
PO Box 527
Elmira, NY 14902
Steel Sales Inc.
PO Box 539
Route 12
Sherburne, NY 13460
Hot-In-Place Recycling:
Highway Rehab. Corp.
2258 Route 22
Brewster, NY 10509
Sand, Stone & Gravel (2013):
E & R Pope’s Excavating
1073 Co Hwy 1
Mt. Upton, New York 13809
David Beisler
Seward Sand & Gravel
532 Co Hwy 58
Oneonta, New York 13820
Hanson Aggregates, Inc
PO Box 513
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Jamesville, New York 13078
Barrett Paving Materials, Inc
1223 Albany Road
Clayville, NY 13322
Cobleskill Stone Products, Inc
PO Box 220
Cobleskill, New York 12043
Kiser Excavating Sand & Gravel
PO Box 69
Milford, New York 13807
Stevens Excavating
15 Stevens Lane
Otego, New York 13825
Carver Stone Products
494 Western Turnpike
Altamont, New York 12009
Kukenberger Sand & Gravel, LLC
1312 Co. Route #54
Cherry Valley, NY 13320
Attn: Mike Stocking
Parker Excavatiing
PO Box 634
Mt Vision, New York 13810
KMC Sand & Gravel
Burrell’s Excavating, Inc.
6146 County Route 32
Norwich, NY 13815
Clark Companies
PO Box 427
Delhi, NY 13753
Ben Reynolds Const.
6636 Dryden Road
Walton, NY 13856
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Asphalt Concrete & Related Work:
Cobleskill Stone Products, Inc.
PO Box 220
Cobleskill, NY 12043
Hanson Aggregates
PO Box 513
Jamesville, NY 13078
Barrett Paving Materials, Inc.
1223 Albany Road
Clayville, NY 13322
Gabion Baskets:
Chemung Supply
Route 14
PO Box 527
Elmira, NY 14902
Steel Sales Inc.
PO Box 539
Route 12
Sherburne, NY 13460
Bridge Maintenance & Repair:
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
Bridge Deck Sealing:
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
and be it further
RESOLVED, the funds for these materials, supplies and services are in the
2015 Highway Budget under lines D5110.4500, D5110.4570, D5110.4572,
D5110.4800, D5110.4818, D5112.2020, D5112.2092, D5112.2095, D5112.2098,
D5113.2104, D5113.2121, D5142.4555, D5142.4940, D8760.4900.
RESOLUTION NO. 123-20150401
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RESOLUTION – AUTHORIZING SUPERINTENDENT OF
HIGHWAYS TO CONTRACT FOR PURCHASE
OF CERTAIN SERVICES
(REPLACEMENT OF BIN #3353940)
MCCARTY, LINDBERG, FRAZIER, SCHWERD, LENTZ
WHEREAS, bids have been requested and duly received by the Purchasing
Agent for certain services for the Highway Department; and
WHEREAS, the Purchasing Agent has made a report to the Public Works
Committee of this Board, and this Committee has made a recommendation to
this Board that the lowest responsible bid be accepted; now, therefore, be it
RESOLVED, that the Otsego County Superintendent of Highways be and
hereby is authorized to contract with the following firm as set forth below, in
accordance with the specifications and bids heretofore received; said bid
proposals being on file at the Highway Department and in the Office of the
Clerk of the Board of Representatives:
PROJECT:
Replacement of Bridge BIN #3353940 CR #12 over
Butternut Creek, Town New Lisbon,
Otsego County, NY
COST:
$711,095.60
BIDDER:
DH Smith Co., Inc.
2190 Oneida Street
PO Box 293
Clayville, NY 13322
and be it further,
RESOLVED, that said agreement shall contain such other terms and
conditions as are in the best interest of the County of Otsego; and be it further
RESOLVED, that the funds for this project are available in the 2015
Highway Budget under D110.4570, D110.4500, D110.4572, D5112.2020,
D5113.2121 and D5113.2104.
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RESOLUTION NO. 124-20150401
RESOLUTION - AUTHORIZING CHAIR
OF THE BOARD TO EXTEND CONTRACT
FOR AUDITING SERVICES AT OTSEGO MANOR
FRAZIER, LINDBERG, HULSE, GELBSMAN
RESOLVED, that the Chair of this Board be and is hereby authorized to
extend contract with Bryans & Gramuglia, Certified Public Accountants, LLC,
Washington Avenue Ext., Pine West Plaza, Building 1, Suite 106, Albany, New York
12205 for professional auditing services at Otsego Manor; namely, the following
services for the audit year ended December 31, 2014, at a cost of $42,500.00
plus expenses:
$22,500.00 – for Financial Statement Audit
$ 5,000.00 – for Preparation of Otsego Manor Medicare Cost Report
$ 3,500.00 – for Preparation of Otsego Manor Medicaid Cost Report
$ 4,500.00 – for Preparation of the LTHHC Program’s
Medicaid Cost Report
$ 3,500.00 – for Preparation of the LTHHC Program’s
Medicare Cost Report
$ 3,500.00 – for Audit of LTHHC Program’s Medicaid Cost Report
$42,500.00 – TOTAL COST
and be it further
RESOLVED, that Bryans & Gramuglia shall also provide Consulting and
Business Advisory Services to Otsego Manor at the rate of $175.00 per hour; and
be it further
RESOLVED, that the contract shall contain such other terms and
conditions as are in the best interest of the County; and be it further
RESOLVED, that the funding for this contract is included in the 2014 Otsego
Manor Budget (6020-E) at line 4900 Contracts.
RESOLUTION NO. 125-20150401
RESOLUTION – APPROVING EXECUTION OF CONTRACT
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BETWEEN OTSEGO COUNTY AND OTSEGO RURAL HOUSING
ASSISTANCE (ORHA), INC., TO ASSIST WITH THE COUNTY-WIDE
MOBILE HOME REHABILITATION PROGRAM
HULSE, GELBSMAN, ROSENTHAL, QUACKENBUSH, ROWINSKI
WHEREAS, Otsego County was awarded a County-wide mobile home
rehabilitation grant in the amount of $660,800 as part of a Mohawk Valley
Regional Economic Development Council, Community Renewal Fund (CRF)
initiative as sponsored through the New York State Housing and Community
Renewal (NYS HCR) and federally funded through a Community Development
Block Grant (CDBG), Project No. 868CRF-HR108-14 (the ‘Grant’); and
WHEREAS, Resolution No. 213-20140604 authorized Otsego County to enter
into a contract with NYS HCR; and
WHEREAS, ORHA has expressed a willingness to assist with
administration, outreach, coordination and procurement of contract
necessary to implement the rehabilitation work to qualified projects, and
services with the County (Grantee), consistent with the terms of the
application; and
grant
work
other
grant
WHEREAS, the County is interested in contracting with ORHA for an
amount not to exceed $74,800 to provide the required services for project
Administration and Delivery; and
WHEREAS, it appears to be in the best interests of Otsego County to
contract with ORHA to provide the necessary expertise regarding mobile home
rehabilitation; now, therefore, be it
RESOLVED, that the Chair of the Board of Representatives and the
Executive Director of ORHA, are authorized to execute a sub-recipient
agreement with the County of Otsego, for a term to commence upon the
signing of the State Contract between the County and HCR and will end on
November 11, 2016; and be it further
RESOLVED, that said contract shall contain such terms and provisions as
are in the best interests of the County of Otsego and are complying with all
federal, state and local statutes, rules and regulations; and be it further
RESOLVED, that the funds for this contract are included in the 2015
Planning Budget (8020-A) at line 4900 Contracts and consist of 100% Federal
Funds.
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RESOLUTION NO. 126-20150401
RESOLUTION – AUTHORIZING OTSEGO COUNTY COMMISSIONER OF
SOCIAL SERVICES TO CONTRACT WITH
KIDS ONEIDA
KOUTNIK, HULSE, SCHWERD
WHEREAS, Otsego County has the opportunity to apply and receive a
grant from Child Abuse Prevention and Treatment Act (CAPTA) funding to
support an in-house clinician for the Child Protective Services unit; and
WHEREAS, Kids Oneida has expressed a willingness to provide said
services; and
WHEREAS, the Otsego County Department of Social Services desires to
enter into a contract with Kids Oneida, if grant application is accepted; now,
therefore, be it
RESOLVED, that the Otsego County Commissioner of Social Services is
hereby authorized to contract with Kids Oneida for in-house clinician services, at
a cost not to exceed $75,000 for the period of May 1, 2015 through April 30,
2016; and $75,000 for the period of May 1, 2016 through April 30, 2017; and be it
further
RESOLVED, that said contracts shall contain such other terms and
provisions as are in the best interests of the County of Otsego; and be it further
RESOLVED, that the funding for the initial contract will be included in the
2015 Social Services Administration Budget (6010-A) at line 4910 Fees for Services
and is 100% Federal reimbursement.
RESOLUTION NO. 127-20150401
RESOLUTION – AUTHORIZING CHAIR OF THE BOARD TO ENTER INTO CONTRACTS
WITH BARTON AND LOGUIDICE AND BUCHAN & SUTTER, P.C. FOR PROFESSIONAL
SERVICES RELATED TO THE REVIEW OF THE PROPOSED ALTERNATING CURRENT
TRANSMISSION UPGRADE PROJECT – EDIC TO FRASER
ROSENTHAL, LENTZ, MCCARTY, POWERS
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WHEREAS, in 2014 Otsego County applied to the New York State Public
Service Commission (PSC) for intervener funding in the matter of alternating
current transmission upgrades, specifically the application submitted by North
America Transmission (NAT), Edic to Fraser Case 13-T-0454; and
WHEREAS, the County Planning Department, on behalf of the Solid Waste
and Environmental Concerns committee, released a request for quotes to
qualifying consultants to include with the application budget to PSC; and
WHEREAS, during the application process, the County received three
responses to a request for quotes from qualified consultants to assist with the
project scope of work; and
WHEREAS, on December 29, 2014, Otsego County was awarded
intervener funding from the PSC in the amount of $49,000, contract number
T714014, which was less than the amount applied for; and
WHEREAS, the County Planning Department contacted and requested
each of the three original respondents to resubmit their proposals based on the
reduced amount of awarded funding; one did not respond due to a conflict of
interest; and
WHEREAS, Barton and Loguidice submitted the lowest proposal for
professional services related to the project, consisting of $29,800 for engineering
services to be provided by Barton and Loguidice and $8,500 for legal services to
be provided by Buchan & Sutter, P.C. under a separate contract with the
County; and
WHEREAS, the Solid Waste and Environmental Concerns committee
approved acceptance of the above outlined proposal to provide professional
services in the matter of alternating current transmission upgrades, specifically
the application submitted by North America Transmission (NAT), Edic to Fraser
Case 13-T-0454; now, therefore, be it
RESOLVED, that the Chair of this Board hereby is authorized to enter into a
contract with Barton and Loguidice located at 10 Airline Drive Suite 200, Albany,
NY 12205 in the amount of $29,800 to provide professional engineering services
related to the proposed Edic to Fraser transmission proposal by NAT; and be it
further
RESOLVED, that the Chair of this Board hereby is authorized to enter into a
contract with Buchan & Sutter, P.C., located at 15 Lakeshore Drive, Constantia,
NY to provide legal services related to the proposed Edic to Fraser transmission
proposal by NAT in the amount of $8,500; and be it further
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RESOLVED, that said contracts shall contain such other terms and
conditions as are in the best interests of the County of Otsego; and be it further
RESOLVED, the grant award of $49,000 be allocated under the 2015 Solid
Waste Budget (8160-A) at line 4900 Contracts; the amount of these contracts
($29,800 and $8,500) consist of 100% state reimbursement.
RESOLUTION NO. 128-20150401
RESOLUTION – AUTHORIZING THE FILING OF AN APPLICATION
FOR STATE ASSISTANCE FROM THE HOUSEHOLD HAZARDOUS
WASTE (HHW) STATE ASSISTANCE PROGRAM AND SIGNING
OF THE ASSOCIATED STATE CONTRACT, UNDER THE
APPROPRIATE LAWS OF NEW YORK STATE
ROSENTHAL, LENTZ, MCCARTY, POWERS
WHEREAS, the State of New York provides financial aid for household
hazardous waste programs; and
WHEREAS, the County of Otsego, has examined and duly considered the
applicable laws of the State of New York and the County deems it to be in the
public interest and benefit to file an application under these laws; and
WHEREAS, it is necessary that a Contract by and between The People of
the State of New York, herein called the State, and the County be executed for
such State aid; now, therefore, be it
RESOLVED,
1. That the filing of an application in the form required by the State of
New York in conformity with the applicable laws of the State of New
York including all understandings and assurances contained in said
application is hereby authorized;
2. That the Chair of the Board, or her designee is directed and authorized
as the official representative of the Municipality to act in connection
with the application and to provide such additional information as
may be required and to sign the resulting contract if said application is
approved by the State;
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3. That the County agrees that it will fund the entire cost of said
household hazardous waste program and will be reimbursed by the
State for the State share of such costs;
4. That four (4) Certified Copies of this resolution be prepared and sent to
the New York State Department of Environmental Conservation
together with a complete application;
5. That this resolution shall take effect immediately;
and be it further
RESOLVED, that the funding for this contract is included in the 2015 Solid
Waste and Recycling Program Budget (8160-A) at line 4800 Other and (8160-A)
at line 4900 Contracts.
RESOLUTION NO. 129-20150401
RESOLUTION – AUTHORIZING CHAIR OF THE BOARD TO ENTER INTO A CONTRACT
WITH CARE ENVIRONMENTAL CORPORATION FOR A 2015 HOUSEHOLD
HAZARDOUS WASTE AND CESQG COLLECTION DAY
ROSENTHAL, LENTZ, MCCARTY, POWERS
WHEREAS, in 2015, Otsego County participated in a multi-county request
for proposals (RFP) prepared by the Fulton County Solid Waste Department to
solicit bids for the Annual Household Hazardous Waste Day; and
WHEREAS, Care Environmental Corporation has submitted the lowest RFP
to provide these professional services, the price being composed of component
costs for multiple services and based on volumes historically generated; and
WHEREAS, the multi-county agreement between Care and Otsego
County as issued through the RFP released by Fulton County is for one (1) year
with two one year extensions; and
WHEREAS, the Solid Waste and Environmental Concerns committee
agreed to contract with Care to provide services for Otsego County’s 2015
Household Hazardous Waste Event, Friday, September 11th and 12th; now,
therefore, be it
RESOLVED, that the Chair of this Board be and hereby is authorized to
enter into a contract with Care Environmental Corporation, located at 4999
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Carolina Forest Blvd. Suite 21, Myrtle Beach, South Carolina 29579, to provide
services to the County at the Household Hazardous and CESQG Collection Day
on September 11th and 12th, 2015. The County agrees to pay Care
Environmental Corporation for the collection, disposal and transportation fees in
an amount estimated at $35,000 and based on 2014 total collectibles
calculated by using the 2015 per unit cost; and be it further
RESOLVED, that said contract shall contain such other terms and
conditions as are in the best interests of the County of Otsego; and be it further
RESOLVED, that the transportation and disposal fees generated by this
2015 Household Hazardous Waste and CESQG Disposal Day are included in the
2015 Solid Waste and Recycling Program Budget (8160-A) at line 4900 Contracts;
said funds consisting of approximately 50% state aid, private funds and Solid
Waste User Fee monies.
RESOLUTION NO. 131-20150401
RESOLUTION - APPOINTING A MEMBER TO THE LOCAL
EARLY INTERVENTION COORDINATING COUNCIL
QUACKENBUSH, ROWINSKI, KOUTNIK, SCHWERD, STULIGROSS
RESOLVED, that the following individual is hereby appointed a member of
the Local Early Intervention Coordinating Council:
MS. TRACY FORTIN
Parent Representative
251 Ingalls Road
Unadilla, New York 13849
Term expiring December 31, 2016
RESOLUTION NO. 132-20150401
RESOLUTION - CREATING POSITIONS IN
E911 DEPARTMENT
(THREE (3) SENIOR DISPATCHERS)
FRAZIER, LINDBERG, HULSE, GELBSMAN
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RESOLVED, that the following positions are hereby created in E911
Department, effective immediately:
(3) Senior Dispatchers, Grade 12,
$34,635 - $40,920 ($1,275)
and be it further
RESOLVED, that the funding for these positions is included in the 2015
Public Safety Communications Budget (3020-A) at line 1000 Personal Service;
and be it further
RESOLVED, that the Clerk of this Board be and hereby is authorized and
directed to forward a copy of this resolution to the Otsego County Personnel
Officer and to the County Treasurer.
RESOLUTION NO. 133-20150401
RESOLUTION - APPROVING THE UPDATING OF CERTAIN PROCEDURES
FOR THE OTSEGO COUNTY DEPARTMENT OF HEALTH LICENSED AGENCY
QUACKENBUSH, ROWINSKI, KOUTNIK, SCHWERD, STULIGROSS
WHEREAS, the Otsego County Department of Health Licensed Agency
requires the formal approval of certain policies and procedures; and
WHEREAS, the Health & Education Committee has reviewed and
approved the following procedures; now, therefore, be it
RESOLVED, that the Board of Representatives approves the following
procedures to be updated for the Otsego County Department of Health
Licensed Agency; the text of said procedures are on file in the Office of the
Clerk of the Board of Representatives:
Patient Plan of Care Procedure
Immunization Clinics
Standard Precautions for Health Care Workers
Standard Precautions for Health Care Workers Policy
Discharge/Transfer of Patients Procedure
RESOLUTION NO. 135-20150401
18
RESOLUTION – APPROVING FILLING OF POSITION
IN OFFICE FOR THE AGING/NY CONNECTS
(CASEWORKER)
QUACKENBUSH, ROWINSKI, KOUTNIK, SCHWERD, STULIGROSS
WHEREAS, Resolution No. 265-20110907 froze the filling of current vacant
employment positions, funded or unfunded, and filling of other previously
created positions as yet unfilled without the formal approval of the Parent
Committee, the Administration Committee and a County Board Resolution; and
WHEREAS, both the Health and Education Committee and the
Administration Committee of this Board approved the filling of a certain position
in the Office for the Aging/NY Connects, as set forth below; now, therefore, be it
RESOLVED, that the Director of the Office for the Aging/NY Connects is
hereby approved to fill the following vacant funded position, effective
immediately:
Caseworker, Grade 12, $30,583 - $36,138 ($1,111)
and be it further
RESOLVED, that the funding for this position is included in the 2015 Office
for the Aging Budget (6772-A) at line 1000 Personal Service, with reimbursement
of 100% through DSS.
RESOLUTION NO. 137-20150401
RESOLUTION – APPOINTING CERTIFYING OFFICER FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO.
868CRF-HR104-14
HULSE, GELBSMAN, ROSENTHAL, QUACKENBUSH, ROWINSKI
WHEREAS, Otsego County was awarded $660,800 for mobile home
rehabilitation through the Mohawk Valley Regional Economic Development
Council (CDBG Project No. 868CRF-HR108-14); and
WHEREAS, all grant recipients must designate a Certifying Officer to serve
as the responsible entity for environmental reviews; now, therefore, be it
19
RESOLVED, that this Board of Representatives authorizes Karen Sullivan,
Director, Otsego County Planning Department, to serve as Certifying Officer for
CDBG Project No. 868CRF-HR104-14.
RESOLUTION NO. 138-20150401
RESOLUTION - AMENDING FIXED ASSET INVENTORY
REGULATIONS FOR THE COUNTY OF OTSEGO
FRAZIER, LINDBERG, HULSE, GELBSMAN
WHEREAS, the County, pursuant to Resolution No. 244 of 1987, has
established Fixed Asset Inventory Regulations; and
WHEREAS, the County desires to amend said regulations and change the
policy name to Capital Assets Policy; now, therefore, be it
RESOLVED, that the following is hereby adopted as the amended Fixed
Asset Inventory Regulations for the County of Otsego, now known as Capital
Assets Policy, effective immediately:
Capital Assets Policy
Purpose: Capital assets are defined as tangible or intangible assets that are
used in operations and that have a useful life. This policy establishes general
principles for the management of county-owned capital assets. The policy
establishes procedures to be followed in the recording and disposition of county
assets.
Property Control Manager: The County Auditor/Clerk of the Board or designee
shall be responsible for the inventory of capital assets.
Capital Assets addressed in this policy are equipment, buildings, building
improvements, land, and computer software.
An inventory of assets shall be completed every year for the purpose of insuring
and safeguarding the county’s assets accordingly:
-
Department inventory control- These are items costing less than $2,000.
The department will maintain an internal control listing of all items in this
category. The department head will file the internal control listing
annually with the property control manager.
20
-
-
-
Capital Asset Inventory- Personal property/Equipment- These are
moveable or fixed items costing greater than $2,000 and have a useful
existence of 10 years. These items will be captured and tracked
countywide in a data base by the property control manager.
Capital Asset Inventory- Real property/Buildings, Building
Improvements, Land, etc. - These items costing $5,000 or more shall be
included on the building inventory. Building improvements add
function to extend the useful life of the structure for example,
plumbing, electrical, heating, etc. These items will be captured and
tracked countywide in a data base by the property control manager.
An inventory of all county owned and leased computers and
electronics will be managed, maintained and recorded by the
Information Technologies Department.
Capital Asset valuation: The value of the asset should include the purchase
price, transportation costs, installation costs, value received from a trade-in, and
any other direct expenses incurred by the county in obtaining the asset. Assets
that are donated to the county should be valued at the fair market value of the
asset on the date of donation.
Assets purchased under a capital lease must be valued at the current market
value and should not include any interest.
Straight line depreciation will be used on individual assets for financial statement
reporting purposes.
When a capital asset inventory item is transferred between departments, it is the
responsibility of the department which owns the existing equipment to be
transferred to notify the property control manager of such transfer as well as
complete a disposition form. It is the responsibility of the department acquiring
the equipment to notify the property control manager of such transfer as well as
complete an acquisition form.
Specialty personal items that would be of no interest to the general public must
be declared surplus equipment by the Public Works Committee. The items may
then be offered for sale by the department head. It is the responsibility of the
department head to notify the property control manager of the final disposition
of the item if listed as a capital asset.
Surplus computer equipment no longer needed for county purposes may be
donated to public schools, public libraries, other public and private institutions
for secular educational use or not-for-profit institutions for use by individuals with
disabilities pursuant to GML section 104-c and the Public Works Committee.
21
Motor vehicles may be transferred to other departments, sold to the public or
traded in when another vehicle is purchased. Vehicles to be sold must be
declared surplus by the Public Works Committee. It is the responsibility of the
department head to notify the property control manager of the final disposition
of the item.
Unneeded and obsolete personal items may be discarded by the department
head or may be donated to another municipality, school or not-for-profit
agency with approval of the Public Works Committee.
RESOLUTION NO. 139-20150401
RESOLUTION - AMENDING RESOLUTION NO. 162-20110406 - ESTABLISHING
REVISED INVESTMENT POLICY AND REDESIGNATING
DEPOSITORIES FOR THE COUNTY OF OTSEGO
FRAZIER, LINDBERG, HULSE, GELBSMAN
WHEREAS, Resolution No. 162-20110406 established a revised Investment
Policy for the County of Otsego; and
WHEREAS, it is in the best interests of the County of Otsego to revise this
Investment Policy; now, therefore, be it
RESOLVED, that Resolution No. 162-20110406 is hereby amended, and the
Otsego County Board of Representatives hereby establishes the following
revised Investment Policy for the County of Otsego, with changes in bold:
OTSEGO COUNTY INVESTMENT POLICY
OTSEGO COUNTY, NEW YORK
The County Treasurer is authorized to invest all funds including proceeds of
obligations and reserve funds, as follows:





Certificates of Deposit issued by a bank or trust company authorized to do
business in New York State.
Time deposit accounts in a bank or trust company authorized to do
business in New York State
Obligations of New York State
Obligations of the United States government
Repurchase agreements involving the purchase and sale of direct
obligations of the United States
22


Repurchase agreements will only be used in limited circumstances and
after informing the Chairman of the Board of Representatives or members
of the Administration Committee.
The Board of Representatives shall decide the names of the banks and
the amounts that may be deposited in each, and is designated as follows:
o Key Bank, N.A.
66 South Pearl Street
Albany, New York 12207
$50,000,000 maximum on deposit
o Community Bank, N.A.
5790 Widewaters Parkway
DeWitt, New York 13214
$50,000,000 maximum on deposit
o NBT Bank
52 South Broad Street
Norwich, New York 13815
$50,000,000 maximum on deposit
o New York
$50,000,000 maximum on deposit
Main Office
Citizens Bank, N.A. (New York)
833 Broadway
Albany, New York 12207
o Bank of Cooperstown
$50,000,000 maximum on deposit
73 Chestnut Street
Cooperstown, New York 13326
o JP Morgan Chase
270 Park Avenue
38th Floor
New York, NY 10017
$10,000,000 maximum on deposit
The County Treasurer shall determine the amount and length of time that funds
shall be invested.
All funds except reserve funds may be invested in:


Obligations of agencies of the Federal Government, if principal and
interest is guaranteed by the United States
With the approval of the State Comptroller, in revenue anticipation notes
or tax anticipation notes of other local governments
23
Only reserve funds may be invested in:


Obligations of the local government
All other local government officials receiving money in their official
capacity must deposit such funds in negotiable order of withdrawal
accounts
All investments made pursuant to this investment policy shall comply with the
following conditions:

Collateral
o Certificates of Deposit shall be fully secured by insurance of the
Federal Deposit Insurance Corporation (FDIC) or by obligations of
New York State or obligations of the United States or obligations of
federal agencies the principal and interest of which are
guaranteed by the United States, or obligations of New York State
local governments. Collateral shall be delivered to the County of
Otsego or a custodial bank. The market value of collateral shall at
all times equal or exceed the principal amount of the Certificate of
Deposit.
o Securities purchased through a repurchase agreement shall be
valued to market at least weekly
o Collateral shall not be required with respect to the direct purchase
of obligations of New York State, obligations of the United States,
and obligations of federal agencies the principal and interest of
which are guaranteed by the United States government.

Operations, audit and reporting
o The County Treasurer or the Deputy County Treasurer shall authorize
the purchase and sale of all securities and execute contracts for
repurchase agreements and certificates of deposit on behalf of the
County of Otsego.
o The County of Otsego will encourage the purchase and sale of
securities and certificates of deposit through a competitive or
negotiated process involving at least three bids for each
transaction.
o The Administration Committee, at its convenience, will periodically
review new investments and the inventory of existing investments
and will also discuss with the County Treasurer any changes
contemplated in the County’s investments.
o At least annually, and if practicable, at a meeting of the Board of
Representatives, the members shall review and amend, if
necessary, these investment guidelines.
24
RESOLUTION NO. 144-20150401
RESOLUTION – CREATING A POSITION IN THE
PUBLIC DEFENDERS OFFICE
(SECRETARY TO THE PUBLIC DEFENDER)
FRAZIER, LINDBERG, HULSE, GELBSMAN
RESOLVED, that the following position is created in the Public Defenders
Office, effective immediately:
Secretary to the Public Defender (#001), Managerial/Confidential, $30,772
and be it further
RESOLVED, that the funding for this position is included in the 2015 Public
Defender Budget (1170-A) at line 1000 Personal Service; and be it further
RESOLVED that the Clerk of the Board be and hereby is authorized and
directed to forward a copy of this resolution to the County Treasurer and to the
Personnel Officer.
RESOLUTION NO. 145-20150401
RESOLUTION - ABOLISHING POSITION IN
THE PUBLIC DEFENDERS OFFICE
(STENOGRAPHER)
LINDBERG, POWERS, GELBSMAN, MCCARTY, QUACKENBUSH
RESOLVED, that the following position in the Public Defenders Office is
abolished, effective immediately:
Stenographer #001, Managerial/Confidential, $30,772
and be it further
RESOLVED, that the Clerk of this Board be and hereby is authorized and
directed to forward a copy of this resolution to the Otsego County Personnel
Officer and to the County Treasurer.
25
RESOLUTION NO. 146-20150401
RESOLUTION – APPROVING FILLING OF POSITION
IN DEPARTMENT OF SOCIAL SERVICES
(SENIOR CASEWORKER)
KOUTNIK, HULSE, SCHWERD
WHEREAS, Resolution No. 265-20110907 froze the filling of current vacant
employment positions, funded or unfunded, and filling of other previously
created positions as yet unfilled without the formal approval of the Parent
Committee, the Administration Committee and a County Board Resolution; and
WHEREAS, both the Human Services Committee and the Administration
Committee of this Board approved the filling of a certain position in the
Department of Social Services, as set forth below; now, therefore, be it
RESOLVED, that the Commissioner of Social Services is hereby approved to
fill the following vacant funded position, effective immediately:
Senior Caseworker, Grade 14, $33,412 - $39,527 ($1,223), in
Social Services with 64% Federal and 24% State reimbursement
and 12% local cost;
and be it further
RESOLVED, that the funding for this position is included in the 2015 Social
Services Administration Budget (6010-A) at line 1000 Personal Service with
reimbursement as stated above; and be it further
RESOLVED, that the Clerk of the Board is authorized and directed to
forward a copy of this resolution to the County Treasurer and to the Personnel
Officer.
RESOLUTION NO. 147-20150401
RESOLUTION – APPROVING FILLING OF A POSITION
IN DEPARTMENT OF SOCIAL SERVICES
(CASEWORKER)
KOUTNIK, HULSE, SCHWERD
26
WHEREAS, Resolution No. 265-20110907 froze the filling of current vacant
employment positions, funded or unfunded, and filling of other previously
created positions as yet unfilled without the formal approval of the Parent
Committee, the Administration Committee and a County Board Resolution; and
WHEREAS, the Human Services Committee and the Administration
Committee of this Board approved the filling of a certain position in the
Department of Social Services, as set forth below; now, therefore, be it
RESOLVED, that the Commissioner of Social Services is hereby approved to
fill the following vacant funded position, effective immediately:
Caseworker, Grade 12, $30,583 - $36,138 ($1,111) in Social
Services, with 62% Federal and 24% State reimbursement and
14% local cost;
and be it further
RESOLVED, that the funding for this position is included in the 2015 Social
Services Administration Budget (6010-A) at line 1000 Personal Service with
reimbursement as stated above; and be it further
RESOLVED, that the Clerk of the Board is authorized and directed to
forward a copy of this resolution to the County Treasurer and to the Personnel
Officer.
RESOLUTION NO. 148-20150401
RESOLUTION – DECLARING LEAD AGENCY STATUS,
CLASSIFYING AND DETERMINATION OF SIGNIFICANCE FOR
AMENDMENTS TO THE COUNTY TRANSFER STATIONS
(ONEONTA AND COOPERSTOWN)
ROSENTHAL, LENTZ, MCCARTY, POWERS
WHEREAS, Otsego County, following the dissolution of the MontgomeryOtsego-Schoharie Authority on 4/30/2014, acquired ownership of the
Southern(Oneonta) and Northern (Cooperstown) Transfer stations; and
WHEREAS, Otsego County, entered into a five (5) year agreement with
Casella Waste of New York Inc., for the operation and maintenance of the
Southern (Oneonta) transfer station located at 75 Silas Lane, Oneonta, NY, and
Northern (Cooperstown) transfer station, located on New York State Highway
27
28/80 and to transport and deliver all non-recyclables solid waste from the two
transfer stations to a permitted landfill; and
WHEREAS, Otsego County has submitted a request to New York State
Department of Environmental Conservation (NYSDEC) to amend the current
transfer station permits for the Oneonta (#4-3612-0012/00002) and Cooperstown
(#4-3650-00019/00003) transfer stations to reflect the adjusted hours of operation
and redefine the allowable daily and weekly total tonnage that is currently
defined in the permits; and
WHEREAS, under Part 617 of Title 6 of the New York Code of Rules and
Regulations, the State Environmental Quality Review Act (SEQRA), the County as
the principal agency responsible for the undertaking and funding of the transfer
station operations, has issued an assumption of Lead Agency Status to NYS DEC,
as an involved and issuing agency and sent notice of lead agency status to
NYSDEC on February 24, 2015; and
WHEREAS, under Part 617 of Title 6 of the New York Code of Rules and
Regulations, the State Environmental Quality Review Act (SEQRA), it is necessary
for a lead agency to be established for the review of the project and for the
action to be classified as Type I, Type II or Unlisted; and
WHEREAS, Otsego County, hearing no objection from NYSDEC, wishes to
declare itself Lead Agency for the SEQRA review per the requirements of Part
617 of Title 6 of the New York Code of Rules and Regulations of the State of New
York; now, therefore, be it
RESOLVED, that Otsego County hereby declares itself Lead Agency for
the SEQRA review per the requirements of Part 617 of Title 6 of the New York
Code of Rules and Regulations of the State of New York; and be it further
RESOLVED, that Otsego County, acting through the Board of
Representatives, as the Lead Agency pursuant to the State Environmental
Quality Review Act, has classified the above action to amend the Southern
(Oneonta) and Northern (Cooperstown) Transfer Station permits as an Unlisted
Action; and be it further
RESOLVED, that Otsego County has determined the action does not result
in any significant adverse environmental impact and declares the action to be
a Negative Declaration under SEQRA; and be it further
RESOLVED, that the Chair of the Board is hereby authorized and directed
to sign and file any documents that may be necessary to comply with SEQRA
regarding the transfer station permits amendments.
28
RESOLUTION NO. 149-20150401
RESOLUTION – TRANSFERRING FUNDS IN
VARIOUS DEPARTMENTS
(2015)
FRAZIER, LINDBERG, HULSE, GELBSMAN
WHEREAS, it appears that it will require funds to complete the year 2015 in
certain items of the Otsego County Budget; and
WHEREAS, there are unexpended balances in other items of the 2015
budget; now, therefore, be it
RESOLVED, that the following transfers be and the same are hereby
authorized, and the 2015 budget be and are hereby amended accordingly,
pursuant to Section 363 of the County Law:
2015 Budget Transfers
DEPARTMENT
ACCOUNT
NAME
ACCOUNT
CODE
AMOUNT
Personal Service
Advertising
1325-1000-A
1345-4810-A
(8,000.00)
8,000.00
A- GENERAL FUND
FROM:
TO:
County Treasurer
Purchasing
2015 BUDGET MODIFICATIONS
A- GENERAL FUND
INCREASE:
INCREASE:
Planning
Planning
Fed Aid-CDBG Housing Grant
Contracts
0000-4981-A
8020-4900-A
16,320.68
16,320.68
INCREASE:
INCREASE:
County Treasurer
Personnel
Interfund Transfer
Personal Service
0000-5031-A
1430-1000-A
1,000.00
1,000.00
Misc Revenue
0000-2770-D
500.00
D - COUNTY ROAD FUND
INCREASE:
Highway
29
INCREASE:
Highway
Capital Maintenance
5113-2121-D
500.00
Appropriated Fund Balance
Contracts
Transfer to General Fund
0000-0599-E
6020-4900-E
9901-9000-E
61,000.00
60,000.00
1,000.00
E- Enterprise Fund
INCREASE:
INCREASE:
INCREASE:
Enterprise
Enterprise
Enterprise
Seconded, Rosenthal. Roll call vote on consent agenda. Total: 6,227;
Ayes: 5,052; Absent: 1,175-Frazier, Gelbsman, Stuligross. Adopted.
RESOLUTION NO. 130-20150401
RESOLUTION – AMENDING RESOLUTION NO. 37-20140102 - AUTHORIZING
THE CHAIR OF THE BOARD TO EXECUTE AN AGREEMENT WITH
OTSEGO COUNTY SOIL & WATER CONSERVATION
DISTRICT (OCSWCD) TO IMPLEMENT A PILOT
COMPOSTING PROGRAM
ROSENTHAL, LENTZ, MCCARTY, POWERS
WHEREAS, Resolution No. 111-20120307 engaged Otsego County in an
eighteen (18) month contract agreement for $30,000 with the Otsego County
Soil and Water Conservation District (OCSWCD) to establish a Pilot Composting
Program; and
WHEREAS, the OCSWCD launched the compost pilot project in 2012 and
2013 and produced over eight (8) tons of composted kitchen waste from
County buildings, keeping waste from regional landfills and reducing County
operating costs; and
WHEREAS, the Otsego County Compost Project received the approval of
Cornell University and has been deemed successful; and
WHEREAS, Resolution No. 37-20140102 extended the 2012-2013 contract
through December 31, 2014 and a balance of $8,676.90 remained unexpended
as of December 31, 2014; and
WHEREAS, OCSWCD has asked the County to extend the contract in order
to expend the remaining $8,676.90 of the original $30,000 budgeted in order to
continue providing composting services; and
30
WHEREAS, OCSWCD, in addition has asked the County to provide 50% of
the cost of a tractor, with the County’s share not to exceed $10,000; and
WHEREAS, OCSWCD has represented that it will fund operations for the
extended pilot program including revenues generated from the sales of
composted materials; and
WHEREAS, it is the opinion of some, including Casella Waste Management
officials, that in the not too distant future food waste composting is likely to
become required as a matter of NYS law and that continuing the pilot project
will be beneficial if that time comes as Otsego County will have a working
model in operation; and
WHEREAS, in any event, the technology, practices, and procedures
developed during the extended pilot program will be scalable and/or
transferable, e.g., to a private enterprise; and
WHEREAS, it is the expectation of the Solid Waste and Environmental
Concerns committee that during this extended pilot program efforts will be
made to utilize food waste from private entities and to increase the sales of
composted materials; and
WHEREAS, in view of the above considerations, the Solid Waste and
Environmental Concerns committee agreed to extend the contract through
December 31, 2015 and allow OSCWCD to expend the remaining $8,676.90 and
allocate up to $10,000 additional funding to pay for 50% of the purchase of a
tractor for the composting operation; now, therefore, be it
RESOLVED, that the Chair of this Board is authorized to extend the original
contract agreement to include the remaining money of $8,679.90 and fund half
the cost, not to exceed $10,000, for the purchase of a tractor which will be titled
in the name of the County; and be it further
RESOLVED, that the conditions of the contract will include the requirement
that OSCWCD prepare the permit application to NYSDEC to allow for the
inclusion of non-county food waste to the composting facility and the OSCWCD
enter into agreements with local institutions, businesses and agencies, and
otherwise show efforts made in order to achieve a steady supply of food waste;
and be it further
RESOLVED, that the County Solid Waste Department will submit an
application to NYSDEC’s 50% recycling program for reimbursement for services
and equipment purchased for the pilot program; and be it further
31
RESOLVED, that the funds for this additional contract work are included in
the 2015 Solid Waste and Recycling Program Budget (8160-A) and line 4900
Contracts and shall be funded by the Solid Waste User Fee and reserve.
Seconded, Rowinski. Roll call vote. Total: 6,227; Ayes: 4,190; Noes: 862 –
McCarty and Schwerd; Absent: 1,175-Frazier, Gelbsman, Stuligross. Adopted.
RESOLUTION NO. 134-20150401
RESOLUTION – SUPPORTING OPPOSITION
TO GOVERNOR CUOMO’S BUDGET PROPOSAL, PART W
OF THE REVENUE BILL
HULSE, GELBSMAN, ROSENTHAL, QUACKENBUSH, ROWINSKI
WHEREAS, Otsego County wishes to express strong opposition to a
proposal in Governor Cuomo’s budget (Part W of the Revenue bill), which would
add new requirements and restrictions affecting Industrial Development
Agencies (“IDAs”) and local economic development; and
WHEREAS, the proposal would result in the surrender of considerable
control of local economic development to the State, shift local project decisionmaking from local governments to State agencies, delay the economic
development process by requiring additional approvals by Empire State
Development (“ESD”) and the Department of Taxation and Finance (the “Tax
Department’) before an IDA could convey State tax exemptions, and add
uncertainty to businesses as to the tax benefits they could receive for investing in
our communities. Any one of these outcomes would harm local economic
development efforts. New York State has a strong history of Home Rule, which
would be violated by this proposal. Decisions about incentives should be made
by locally controlled IDA boards accountable to locally elected officials; and
WHEREAS, two years ago, the Governor proposed prohibiting IDAs from
exempting the State portion of the sales tax unless the project receiving the
abatement was eligible to receive Excelsior Jobs tax credits. That proposal
would have also shifted the approval of such State sales tax exemption to the
Regional Economic Development Council and ESD. The Legislature soundly
rejected those proposed provisions then, and we are requesting your support
again to defeat this new round of harmful, State-level oversight by Executive
agencies; and
WHEREAS, Part W proposes the prohibition of awarding State tax
exemptions to a project deemed to compete with another business in the
32
community. Economic development organizations across the State work every
day to create clusters of industries in their communities. Industry clusters connect
supplier chains to key customers and establish networks of talent for which
businesses in the targeted clusters compete. This drives up wages and
contributes to a strong tech-based local economy. This provision could prevent,
for example, an IDA from assisting a bio science firm in Buffalo, the Hudson
Valley, or New York City; areas that are developing strong clusters in this sector.
The Governor’s office recognizes the importance of cluster initiatives, which is
why it has directed the regional economic development councils to include
cluster initiatives in this year’s round of REDC funding. This proposal directly
conflicts with that directive; and
WHEREAS, Part W would also require IDAs to complete the approval
process before seeking permission from ESD to provide State tax exemptions.
ESD would have up to 45 days to approve an application for a project, or it
could send back the application if it desires any additional information. This
would delay the economic development process by a minimum of 45 days,
preventing IDAs from responding to investment and job opportunities on a timely
basis; and
WHEREAS, Part W would add powers to the Authority Budget Office that
were never contemplated. The ABO was established to be an independent
overseer of all State and local public authorities. The Governor’s proposal inserts
the ABO into the IDA statute and imposes unique enforcement powers on one
class of local public authorities; and
WHEREAS, IDAs work effectively and efficiently in creating jobs and
investment. According to the State Comptroller’s most recent annual report,
IDAs are assisting about 4600 active projects that have created 112,000 new
jobs with total investment exceeding $78 Billion. The average cost/job created
was slightly more than $2,500/job. Importantly, IDAs generated more than $800
million in new revenue in 2013 for local taxing jurisdictions; and
WHEREAS, conversely, ESD reported that its programs helped create 2,424
jobs for fiscal year 2014, a figure representing only approximately 1.8 percent of
net private-sector job creation in the State during the year. ESD makes little
public assessment of whether its programs work effectively together or create
well paying jobs. The Governor’s proposal would put a State agency with less
transparency and less success in driving economic development in charge of
local economic development decisions; and
WHEREAS, in a highly competitive global economy, IDAs exist to respond
to the unique economic challenges and opportunities of the local communities
they serve. To be effective, they must be able to respond to businesses – new or
33
existing – that want to invest in our communities in a timely manner with
credibility. This proposal would increase the time frame in which IDA boards can
act to respond to investment and job opportunities, and would remove any
certainty as to what an IDA can, in fact, offer to induce such investment and job
creation; and
WHEREAS, finally, these proposals fly in the face of what New York is trying
to become: Open for Business. They would send a signal to business prospects
that New York State does not trust its local partners. The burden of that mistrust
would fall heaviest on the businesses we seek to attract to our communities,
which would suffer delays, uncertainty, and a marginalized local economic
development delivery system; and
WHEREAS, the proposals also fly in the face of a “bottom-up” model of
economic development, which New York had been moving toward. In fact,
these proposals would make New York less competitive, centralize control of
local economic development in Albany, and result in fewer jobs being created
that bolster local economies; now, therefore, be it
RESOLVED, that Otsego County expresses its opposition to the above
described Part W of the Revenue bill in the Governor’s budget; and be it further
RESOLVED, that the Chair of the Otsego County Board of Representatives
shall forward copies of this Resolution to Governor Andrew M. Cuomo, Senator
James L. Seward, Assemblyman Clifford Crouch, Assemblyman Peter D. Lopez,
and Assemblyman William Magee.
Seconded, Koutnik. Roll call vote. Total: 6,227; Ayes: 3,486; Noes: 1,161 –
Lentz and Lindberg; Absent: 1,175-Frazier, Gelbsman, Stuligross; Abstained: 405Rosenthal. Adopted.
RESOLUTION NO. 136-20150401
RESOLUTION – APPROVING STIPEND FOR DUTIES TO FINALIZE ACCOUNTS FOR
OTSEGO MANOR PURCHASES
FRAZIER, LINDBERG, HULSE, GELBSMAN
WHEREAS, there is a need to finalize accounts for Otsego Manor
purchases; and
WHEREAS, it has been determined that these duties would be most
efficiently provided by the current Personnel Assistant who has prior experience
34
in Manor purchasing in the time period covered in the accounts to be resolved;
and
WHEREAS, it would be appropriate to compensate the Personnel Assistant
for the additional duties at the rate of $20/hour up to $1000;
RESOLVED, that the funding for this stipend is included in the 2015
Personnel Department Budget (1430-A) at line 1000 Personal Service; and be it
further
RESOLVED, that the Clerk of the Board be and is hereby directed to
forward a copy of this resolution to the County Treasurer and to the Personnel
Officer.
Seconded, Rosenthal, Koutnik, Quackenbush. Roll call vote. Total: 6,227;
Ayes: 4,565; Noes: 487– Schwerd; Absent: 1,175-Frazier, Gelbsman, Stuligross.
Adopted.
RESOLUTION NO. 140-20150401
RESOLUTION - PROCLAMATION ESTABLISHING THE MONTH OF APRIL
AS THE FAIR HOUSING MONTH 2015
HULSE, GELBSMAN, ROSENTHAL, QUACKENBUSH, ROWINSKI
WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil
Rights Act of 1968 and the Fair Housing Amendments Act of 1988, the month of
April 2015 has been designated by the U.S. Department of Housing and Urban
Development's Office of Fair Housing and Equal Opportunity as Fair Housing
Month; now, therefore, be it
RESOLVED, that the County Legislature of Otsego County hereby declares
and proclaims April as Fair Housing Month in the County.
Seconded, Lindberg. Oral vote. Total: 6,227; Ayes: 5,052; Absent: 1,175Frazier, Gelbsman, Stuligross. Adopted.
RESOLUTION NO. 141-20150401
RESOLUTION – PROCLAIMING THE MONTH OF APRIL 2015
AS CHILD ABUSE PREVENTION MONTH IN OTSEGO COUNTY
KOUTNIK, HULSE, SCHWERD
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WHEREAS, our children represent our greatest hope for the future and
Otsego County remains steadfast in its commitment to the safety and security of
our children, families and communities; and
WHEREAS, of paramount concern to all New Yorkers are the problems of
child abuse, neglect and maltreatment, which endanger vulnerable young lives
and cause long-lasting damage to a child’s physical, emotional and cognitive
well-being; and
WHEREAS, there are education and prevention programs that address all
forms of child abuse and people in communities across Otsego County are
encouraged to support such efforts that promote a safe and nurturing
environment for children and families; and
WHEREAS, citizens should be vigilant and fervent in their efforts to stop
child abuse and are asked to call the State Central Register for Child Abuse and
Maltreatment at 1-800-342-3720 to report suspected abuse and maltreatment;
and
WHEREAS, Otsego County does not tolerate acts of abuse against
children and continuously strives to strengthen enforcement of laws to protect
children from abuse, neglect, and maltreatment; all citizens are reminded of the
many forms of abuse that occur in our society, with greatest concern for the
threat of harm to our precious children; now, therefore, be it
RESOLVED, that Otsego County Board of Representatives proclaims the
month of April 2015 as
CHILD ABUSE PREVENTION MONTH
Seconded, Lindberg. Oral vote. Total: 6,227; Ayes: 5,052; Absent: 1,175Frazier, Gelbsman, Stuligross. Adopted.
RESOLUTION NO. 142-20150401
RESOLUTION – PROCLAIMING THE WEEK OF MAY 5-11, 2015 AS INTERNATIONAL
COMPOSTING AWARENESS WEEK
ROSENTHAL, LENTZ, MCCARTY, POWERS
WHEREAS, the Composting Council of the United States, Canada and the
United Kingdom have declared the first week of May to be annual International
Composting Awareness Week; and
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WHEREAS, composting is an effective form of waste reduction, reuse and
recycling and since organic materials make up approximately 30% of the
material going to landfills, composting is becoming one of the primary methods
communities use to reach waste diversion goals; and
WHEREAS, returning organic resources to the soil is a method of
decreasing the dependence on chemical fertilizers, decreasing erosion,
reducing water consumption, and non point pollution; and is a method of
conserving water during extreme drought or flooding conditions; and
WHEREAS, materials such as yard trimmings, vegetable cuttings, bio-solids,
food scraps, manures and hay shavings have all been composted and
converted into a beneficial product known as compost; and
WHEREAS, communities, through their local governments, highway
departments, soil conservation service and extension offices, and public works
professionals can have significant impact on clean water, soil, climate changes
and landfill diversion by using compost for public works projects; and
WHEREAS, International Composting Awareness Week is a multi-media
publicity and education initiative to showcase compost production and
demonstrate compost use; and
WHEREAS, composting creates green jobs and infrastructure for cities and
states who implement composting programs; and
WHEREAS, this year’s theme, “Compost: The Solution to Sustainable Soil
and Water” is a great way to get the message out regarding compost and its
many benefits; now, therefore, be it
RESOLVED, that, Otsego County, in recognition of the efforts of the
Composting Councils, Extension Agents, soil conservation steward, householders,
landscapers, farmers, recyclers, public workers, composters, gardeners, and
plant growers everywhere, hereby proclaim the week of May 5-11 as
International Composting Awareness Week.
Seconded, Lindberg. Oral vote. Total: 6,227; Ayes: 5,052; Absent: 1,175Frazier, Gelbsman, Stuligross. Adopted.
RESOLUTION NO. 143-20150401
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RESOLUTION - AUTHORIZING SALE OF
COUNTY OWNED PROPERTY
FRAZIER, LINDBERG, HULSE, GELBSMAN
WHEREAS, the following property has been foreclosed by judgment of
court through an In Rem proceeding to recover the delinquent taxes due, duly
transferred to Otsego County, and offered for sale at the public tax auction on
August 20, 2014, but the successful bidder was unable to complete the
transaction; and
WHEREAS, an offer has been made by the following successful bidder for
the property which was publicly advertised for sale by Haroff Auction and
Realty, Inc.; and
WHEREAS, this Board of Representatives believes that the offers and
amounts are reasonable and represent the market value of the parcels of land
and the highest prices obtainable; and
WHEREAS, none of the real property is dedicated to any public use or
purpose; now, therefore, be it
RESOLVED, that the Chair of this Board of Representatives be and hereby
is authorized and directed upon receipt of final payment, to make, execute and
deliver a good and sufficient quit claim deed of conveyance as follows:
Town / TM #
Worcester
200.00-1-50.07
Property Address
St. Hwy. 7
Acres
8.68
Prior Owner
Sale Price
Thomas L. & Michelle L. Bilby
$2,000.00
Purchaser
Neil J. Fogarty
119 Gross Road
Mt. Vision, NY 13810
and be it further
RESOLVED, that each of the deeds shall bear the seal of the County,
attested over by the seal of the County Clerk, who is hereby authorized and
directed to attach a certified copy of this resolution, attested by the seal of the
Board of Representatives, to each of the deeds; and be it further
RESOLVED, that the parcels of real property to be conveyed be described
by tax map number, as the same is set forth in the County Treasurer's Deed to
the County of Otsego or a full and complete description of such parcels may be
ascertained and such description given in the deeds as shown by the records in
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the Otsego County Clerk's Office to which deeds and records reference is
hereby made and made a part of this resolution.
Seconded, Koutnik. Roll call vote. Total: 6,227; Ayes: 4,190; Noes: 862McCarty, Schwerd; Absent: 1,175-Frazier, Gelbsman, Stuligross. Adopted.
Under Unfinished Business, Representative Lentz moved to approve Jim
Powers as the County representative to inspect the testing of the new radio
system in New Zealand as per the contract. Seconded, McCarty. Roll call vote.
Total: 6,227; Ayes: 3,703; Noes: 1,349- Clark, Rosenthal, Hulse; Absent: 1,175Frazier, Gelbsman, Stuligross. Motion carried.
All the general business of the Board having been transacted, the Board
Chair declared the meeting adjourned until Wednesday, May 6, 2015 at 10:00
a.m.
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