Regular Session s5

REGULAR SESSION FIRST DAY

Wednesday, December 5, 2012

The Board Chair called the Board to order, the roll was called and the following Representatives were found to be present:

Frazier, Powers, Clark, Murphy, Koren, Lindberg, Rosenthal, Kosmer, McCarty, Schwerd, Koutnik, Rothenberger, Rowinski, Stuligross.

Under Privilege of the Floor, Ed Dawyot, New Lisbon, spoke in opposition to the County using funds from the solid waste user fee to balance the 2013 budget. He stated that if the County is exiting MOSA, the funds could be used for a Resource Recovery System facility close to the railroad, an idea he has brought before the Board in the past.

The minutes of November 7, 2012 were approved.

The following communications were read and ordered filed:

Town of Maryland Town Board – Letter stating that at its board meeting held on Thursday, November 1, 2012, the Maryland Town Board unanimously voted in favor of supporting the Town of Oneonta for the creation of a water district in the Southside, Route 23 business district.

New York State Office of Parks, Recreation and Historic Preservation – Letter regarding Morris Village Historic District informing that the property will be considered by the State Review Board at its next meeting, December 13, 2012, for nomination to the National and State Registers of Historic Places.

Alexander Shields – Letter urging the Board Members not to shift funds from the Otsego County Solid Waste User Fee Fund in the amount of $800,000 or any other amount (fund surplus) to cover short falls in the County’s 2013 budget.

The following reports are on file with the Clerk of the Board:

Montgomery-Otsego-Schoharie Solid Waste Management Authority – October 2012 financials.

Montgomery-Otsego-Schoharie Solid Waste Management Authority – Monthly Operations Report for October 2012 daily records of Solid Waste Deliveries and itemized Statement of October 2012 Revenues.

The reports of the Standing Committees were given and ordered filed.

The Board Chair declared a break.

The Board reconvened. Representative Lindberg moved to dispense with the reading of all reports and resolutions. Seconded, Koutnik. Total: 6,167; Ayes: 5,668; Absent: 499 - Murphy. Motion carried.

SPECIAL VALUATIONS FOR 2013 TAX ROLL (revised)

The Administration Committee submits the following table of figures compiled from the 2012 assessment rolls of the several towns and city as the assessed valuation of the tax districts within the several towns and city: Taxable Assessed Districts Value

City of Oneonta Library 321,973,331 Town of Burlington Special Highway Levy 43,848,636 Brlngtn-Edmstn Fire Prot 45,530,593 Burlington Flats Light 2,289,531 West Burlington Light 1,823,378 Town of Butternuts Special Highway Levy 116,127,352 General Part Town Levy 116,127,352 Mt. Upton Fire Prot. 5,732,700 S. New Berlin Fire Prot. 11,305,863 Butternuts Fire Prot. 103,865,846 South New Berlin Light 1,453,082 S. New Berlin Water Dist. 901,000 Town of Cherry Valley Special Highway Levy 73,072,299 General Part Town Levy 73,072,299 Cherry Valley Fire District 112,182,206 Cherry Valley Garbage 80,406,647 Town of Decatur Special Highway Levy 17,918,811 Worcester Fire Dist. 10,280,726 East Worcester Fire Dist. 8,410,809 Town of Edmeston Special Highway Levy 62,512,541 Edmeston Fire Dist. 1 55,781,019 West Edmeston Fire Dist. 7,331,668 Edmeston Light 19,291,142 West Edmeston Light 1,859,321 South Edmeston Light 1,676,346 Edmeston Water Dist. 19,863,240 Town of Exeter Special Highway Levy 36,217,121 Schuyler Lake Fire Dist. 37,185,426 Schuyler Lake Light 4,690,944 West Exeter Light 1,359,826 Town of Hartwick Special Highway Levy 248,010,691 Hartwick Fire Dist. 252,285,990 Hartwick Light Dist. 22,699,106 Hartwick Water Dist. 24,989,018 Town of Laurens Special Highway Levy 132,255,883 General Part Town Levy 132,255,883 Laurens Fire District 145,194,057 Mt. Vision Light 8,756,970 Town of Maryland Special Highway Levy 133,151,617 Maryland Fire Dist. 142,173,106 Maryland Light 1 6,855,249 Maryland Light 2 21,141,018 Maryland Water 2 22,854,218 Town of Middlefield Special Highway Levy 167,384,641 General Part Town Levy 167,384,641 Middlefield Fire Prot. 169,124,902 Hyde Bay Dev. Fire Prot. 977,600 Middlefield Light 3,821,466 Town of Milford Special Highway Levy 112,937,113 General Part Town Levy 112,937,113 Milford Fire Protection 114,260,996 Portlandville Light 1,715,200 Colliersville Light 1,732,780 E. Portlandville Light 568,700 Town of Morris Special Highway Levy 44,614,410 General Part Town Levy 44,614,410 Morris Fire Dist. 53,119,545 Butternut-Maple Gr. Prot. 2,804,400 S. New Berlin Fire Dist. 5,786,500 South New Berlin Light 816,300 S. New Berlin Water Dist. 834,800 Town of New Lisbon Special Highway Levy 101,614,005 Garrattsville Fire Prot. 108,744,436 Garrattsville Light 4,676,204 Town of Oneonta Special Highway Levy 487,373,243 West Oneonta Fire Dist. 81,073,620 Oneonta Fire Prot. 421,699,473 Oneonta Plains Light 139,270,737 East End Light 24,486,554 West Oneonta Light 39,557,457 Cemetery Hill Light 4,503,400 Pony Farm Ind. Park Light 4,308,200 Town of Otego Special Highway Levy 138,758,385 General Part Town Levy 138,758,385 Otego Fire District 205,087,602 Wells Bridge Light 2,752,545 Town of Otsego Special Highway Levy 492,620,271 General Part Town Levy 492,620,271 Fly Creek Fire District 211,240,932 Schuyler Lake Fire Dist. 49,133,297 Otsego Fire Protection 240,906,690 Fly Creek Light 20,780,365 Town of Pittsfield Special Highway Levy 43,045,804 Pittsfield Fire District 43,984,774 Town of Plainfield Special Highway Levy 60,205,383 Leonardsville Fire Dist. 14,023,131 Unadilla Forks Fire Prot. 49,132,681 Unadilla Forks Light 6,107,844 Leonardsville Light 1,754,545 Town of Richfield Special Highway Levy 102,426,970 General Part Town Levy 102,426,970 Richfield Fire Protection 106,283,723 Monticello Light 1,887,082 Town of Roseboom Special Highway Levy 29,885,146 Roseboom Fire Protection 30,667,556 Town of Springfield Special Highway Levy 105,005,802 Springfield Fire District 110,141,233 Springfield Center Light 4,582,837 East Springfield Light 2,422,600 Town of Unadilla Special Highway Levy 96,844,684 General Part Town Levy 96,844,684 Wells Bridge Fire Dist. 19,263,801 Unadilla Fire Prot. 1 48,473,480 Riverside Fire Prot. 25,140,682 Mt. Upton Fire Prot. 6,868,056 Riverside Light 2,643,960 Wells Bridge Light 2,482,067 Rockdale Light 447,980 Town of Westford Special Highway Levy 33,708,439 Westford Fire Dist. 34,858,848 Westford Light 1,872,030 Town of Worcester Special Highway Levy 81,666,047 Worcester Fire Dist. 62,201,867 East Worcester Fire Dist. 24,547,802 Worcester Light 23,277,150 East Worcester Light 7,317,283

The Administration Committee recommends that this report be made a part of the record of this Board for tax purposes in the tax districts of the county affected by these figures, and therefore, offers the following resolution:

Resolved, that the Report on Special Valuations be accepted and adopted and that the figures and computations in the foregoing table be used as a basis for the taxation in the several tax districts.

______

PETITION - LAURENS SUPERVISOR - CONSOLIDATED HEALTH DISTRICT To the Board of Representatives of Otsego County:

I, the undersigned, Supervisor of the Town of Laurens, do respectfully petition that there be levied and assessed against the taxable property of the said Town of Laurens the sum of $800.00 for the following purposes:

For the purpose of defraying the expenses for 2013 of the Laurens Consolidated Health District, which district includes the incorporated Village of Laurens, all in accordance with the Budget for 2013 adopted by the Laurens Consolidated Health District Board and filed with the Clerk of the Board of Representatives of Otsego County.

When the sum of $800.00 has been collected, the same shall be paid to the Otsego County Treasurer and by him paid to the President of said Consolidated Health District or his successor in office.

Dated: November 14, 2012 OSCAR OBERKIRCHER, Supervisor Town of Laurens, New York ______PETITION - MORRIS SUPERVISOR - CONSOLIDATED HEALTH DISTRICT To the Board of Representatives of Otsego County: I, the undersigned, Supervisor of the Town of Morris, do respectfully petition that there be levied and assessed against the taxable property of the said Town of Morris the sum of $0.00 for the following purposes: For the purpose of defraying the expenses for 2013 of the Morris Consolidated Health District, which district includes the incorporated Village of Morris, all in accordance with the Budget for 2013 adopted by the Morris Consolidated Health District Board and filed with the Clerk of the Board of Representatives of Otsego County. When the sum of $0.00 has been collected, the same shall be paid to the Otsego County Treasurer and by him paid to the President of said Consolidated Health District or his successor in office. Dated: November 14, 2012 PETER MCCANN, Supervisor Town of Morris, New York ______PETITION - OTEGO SUPERVISOR - CONSOLIDATED HEALTH DISTRICT To the Board of Representatives of Otsego County: I, the undersigned, Supervisor of the Town of Otego, do respectfully petition that there be levied and assessed against the taxable property of the said Town of Otego the sum of $0.00 for the following purposes: For the purpose of defraying the expenses for 2013 of the Otego Consolidated Health District, which district includes the incorporated Village of Otego, all in accordance with the Budget for 2013 adopted by the Otego Consolidated Health District Board and filed with the Clerk of the Board of Representatives of Otsego County. When the sum of $0.00 has been collected, the same shall be paid to the Otsego County Treasurer and by him paid to the President of said Consolidated Health District or his successor in office. Dated: October 17, 2012 JOSEPH S. HURLBERT, Supervisor Town of Otego, New York ______

TAX ROLL EXPENSE FOR 2013 TAX ROLL

Number of Expense to Towns Parcels Town

Oneonta City 3,597 $14,747.70 Burlington 939 3,849.90 Butternuts 1,560 6,396.00 Cherry Valley 1,113 4,563.30 Decatur 461 1,890.10 Edmeston 1,437 5,891.70 Exeter 917 3,759.70 Hartwick 1,561 6,400.10 Laurens 1,552 6,363.20 Maryland 1,712 7,019.20 Middlefield 1,810 7,421.00 Milford 2,283 9,360.30 Morris 1,234 5,059.40 New Lisbon 1,070 4,387.00 Oneonta 2,608 10,692.80 Otego 1,860 7,626.00 Otsego 2,864 11,742.40 Pittsfield 1,065 4,366.50 Plainfield 747 3,062.70 Richfield 1,763 7,228.30 Roseboom 845 3,464.50 Springfield 1,250 5,125.00 Unadilla 2,686 11,012.60 Westford 941 3,858.10 Worcester 1,710 7,011.00

Totals: 39,585 $162,298.50

Rate per Account: $4.10 ______SOLID WASTE EXPENSE FOR 2013 TAX ROLL Rate per Unit: $28.00 TOTAL NUMBER TOTAL NO. OF TAX DISTRICT OF UNITS AMOUNT PARCELS Oneonta City 7,236.29 $202,616.12 3,065.00 Burlington 564.62 $15,809.36 527.00 Butternuts 998.22 $27,950.16 894.00 Cherry Valley 738.69 $20,683.32 602.00 Decatur 215.50 $6,034.00 207.00 Edmeston 1,117.78 $31,297.84 793.00 Exeter 533.14 $14,927.92 505.00 Hartwick 1,943.41 $54,415.48 1,015.00 Laurens 1,272.22 $35,622.16 961.00 Maryland 1,090.86 $30,544.08 937.00 Middlefield 1,175.16 $32,904.48 1,039.00 Milford 1,880.97 $52,667.16 1,428.00 Morris 963.24 $26,970.72 772.00 New Lisbon 584.00 $16,352.00 555.00 Oneonta 5,032.34 $140,905.52 1,841.00 Otego 1,542.21 $43,181.88 1,180.00 Otsego 4,133.17 $115,728.76 2,001.00 Pittsfield 643.40 $18,015.20 609.00 Plainfield 439.36 $12,302.08 415.00 Richfield 1,710.85 $47,903.80 1,170.00 Roseboom 448.20 $12,549.60 424.00 Springfield 859.97 $24,079.16 710.00 Unadilla 2,336.02 $65,408.56 1,764.00 Westford 493.00 $13,804.00 481.00 Worcester 1,345.36 $37,670.08 1,109.00 Totals: 39,297.98 $1,100,343.44 25,004.00 TOTAL 2012 ELECTION EXPENSE FOR 2013 TAX ROLL

The Administration Committee reports that in accordance with Section 233-a of County Law and Section 93 of the Election Law the following expenditures be charged against the various tax districts, as follows:

# Insp. Total for Election Total No. class. First Second Third General Inspector Expense of Each Election Election Election Election Class Custodian (including Tax District Machines $25.00 Expense Expense Expense Expense Expense machine rental) Oneonta City 10 23 3,322.08 5,699.58 3,426.16 12,282.13 575.00 1,026.00 29,330.95 Burlington 4 6 684.76 871.11 583.60 1,682.22 150.00 410.40 5,382.09 Butternuts 4 9 910.81 1,306.72 860.04 2,978.89 225.00 410.40 7,691.86 Cherry Valley 4 11 855.52 871.11 572.77 1,787.67 275.00 410.40 5,772.47 Decatur 4 3 527.76 714.11 515.77 1,482.72 75.00 410.40 4,725.76 Edmeston 4 5 613.26 871.11 601.27 1,824.72 125.00 410.40 5,445.76 Exeter 4 4 556.26 714.11 544.27 1,596.72 100.00 410.40 4,921.76 Hartwick 4 12 912.52 1,385.22 888.54 3,072.94 300.00 410.40 7,969.62 Laurens 4 8 912.52 1,406.72 888.54 3,101.44 200.00 410.40 7,919.62 Maryland 4 15 941.02 1,306.72 948.96 2,930.44 375.00 410.40 7,912.54 Middlefield 4 12 912.52 1,463.72 920.46 3,044.44 300.00 410.40 8,051.54 Milford 4 11 1,069.52 1,763.72 1,145.54 3,592.44 275.00 410.40 9,256.62 Morris 4 7 613.26 871.11 601.27 1,901.67 175.00 410.40 5,572.71 New Lisbon 4 7 556.26 792.61 544.27 1,759.17 175.00 410.40 5,237.71 Oneonta 8 25 2,053.54 3,127.44 2,005.58 6,608.38 625.00 820.80 17,240.74 Otego 4 12 969.52 1,463.72 945.54 3,272.44 300.00 410.40 8,361.62 Otsego 8 12 1,654.28 2,848.83 1,618.31 5,220.11 300.00 820.80 14,462.33 Pittsfield 4 5 556.26 792.61 544.27 1,730.67 125.00 410.40 5,159.21 Plainfield 4 6 556.26 714.11 544.27 1,645.17 150.00 410.40 5,020.21 Richfield 4 9 941.02 1,385.22 917.04 3,015.94 225.00 410.40 7,894.62 Roseboom 4 5 556.26 792.61 544.27 1,616.67 125.00 410.40 5,045.21 Springfield 4 10 584.76 871.11 588.73 1,816.17 250.00 410.40 5,521.17 Unadilla 4 15 1,597.28 2,256.33 1,561.31 5,077.61 375.00 410.40 12,277.93 Westford 4 7 556.26 714.11 580.75 1,596.72 175.00 410.40 5,033.24 Worcester 8 19 1,440.28 2,115.03 1,404.31 4,384.66 475.00 820.80 12,640.08

Totals: 118 258 $24,853.79 $37,118.79 $24,295.84 $79,022.15 $6,450.00 $12,106.80 $213,847.37 Representative Lindberg moved to adopt all the foregoing reports as presented. Seconded, Koutnik. Total: 6,167; Ayes: 5,668; Absent: 499 - Murphy. Adopted.

RESOLUTION NO. 327-20121205

RESOLUTION – AUTHORIZING CHAIR OF THE BOARD TO CONTRACT FOR THE DECOMMISSIONING OF FOUR RADIO TOWERS AND ONE MONOPOLE

POWERS, MCCARTY, ROTHENBERGER, ROSENTHAL

WHEREAS, bids have been requested and duly received by the Purchasing Agent for the decommissioning of four (4) radio towers and one (1) monopole; and

WHEREAS, the Purchasing Agent has made a report to the Public Safety Committee of this Board and the Committee has made a recommendation to this Board that the lowest responsible bid be accepted; now, therefore, be it

RESOLVED, that the Chair of the Board of Representatives be and hereby is authorized to contract with the following firm as set forth below, in accordance with the specifications and bid heretofore received:

VENDOR: ANS Advanced Network Services, LLC 12 Elmwood Rd. Albany, NY 12204

COST: $35,520

RESOLVED, that the funds for this expenditure are included in the Communications Backbone Reserve.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - AUTHORIZING RENEWAL OF VARIOUS INSURANCE POLICIES

MURPHY, POWERS, STULIGROSS, SCHWERD, FRAZIER

WHEREAS, the County has hereunto contracted for necessary policies of insurance covering various properties and exposures to claim, and certain of said policies expire December 31, 2012; and

WHEREAS, the County desires to self insure to the sum of $250,000 certain of the coverages, namely, auto liability, law enforcement liability, public officials liability and comprehensive general liability; and

WHEREAS, in conjunction with such self insurance, the County desires to obtain insurance coverages over said $250,000; now, therefore, be it

RESOLVED, that the Chair is authorized to contract the following policies of insurance for the following periods and premiums:

1. General Liability and Excess Liability with NYMIR Insurance Company

12/31/12 - 12/31/13...... $63,368.89

$5,000,000 each occurrence/$11,000,000 aggregate

General Liability and Excess Liability with $250,000 deductible. Administration includes charge backs per claims handled.

Claims Administration:

The Risk Manager, part-time, shall oversee all investigations (personal injury and property damage), administration of files and claims and conform to all applicable statutes and rules and as these services have been previously performed by predecessor independent contractor. The County will administer first party claims; the County shall approve claims of $5,000.00 or more referred to legal counsel and selection of legal counsel.

2. Law Enforcement Liability with NYMIR Insurance Company

12/31/12 – 12/31/13 ...... $25,901.00 $250,000 deductible applies

$5,000,000 each claim/$10,000,000 aggregate

3. Public Officials Liability with NYMIR Insurance Company

4. Automobile Liability with NYMIR Insurance Company

5. OCP with NYMIR Insurance Company

12/31/12 – 12/31/13 ...... $275.00

6. Capitalization Fee with NYMIR Insurance Company (Fourth Year of 5 year commitment)

12/31/12 – 12/31/13...... $3,612.00

7. Property & Inland Marine with Chubb 12/31/12– 12/31/13...... $102,371.03

Included within this coverage and premium are the following:

Boat Miscellaneous Equipment Valuable Papers Radio Equipment Contractors Equipment EDP Equipment Automobile Catastrophe Physical Damage Coverage Boiler & Machinery

8. Crime with Travelers Insurance Company

12/31/12– 12/31/13 ...... $7,693.00 $300,000 employee dishonesty

9. Hospital Comprehensive General & Professional Liability with NYMIR Insurance Company and Darwin Insurance Company

01/01/13– 01/01/14 ...... $91,559.82

$2,000,000 each claim/$4,000,000 aggregate on professional liability $2,000,000 each OCC/$3,000,000 aggregate on healthcare general liability and be it further

RESOLVED, that these contracts shall be entered into with various insurance companies through its agent, SEFCU Insurance Agency; and be it further

RESOLVED, that the said contracts shall contain such additional terms as shall be in the best interests of the County; and be it further

RESOLVED, that the funds for the above policies are included in the 2013 Unallocated Insurance Budget (1910) at line 4660.

RESOLUTION - AUTHORIZING RENEWAL OF INSURANCE POLICY FOR EXCESS EMPLOYERS LIABILITY INSURANCE

WHEREAS, the County has heretofore contracted for Excess Employers Liability Insurance which expires December 31, 2012; and WHEREAS, it is in the best interests of the County to renew this policy for 2013; now, therefore, be it

RESOLVED, that the Chair is authorized to contract the following policy of insurance for the following period and premium:

Excess Employers Liability with Capitol Indemnity Corporation

12/31/12 - 12/31/13...... $14,082.00 $ 50,000 deductible applies and be it further

RESOLVED, that this contract shall be entered into with Capitol Indemnity Corporation through its agent, SEFCU Insurance Agency; and be it further

RESOLVED, that the said contract shall contain such additional terms as shall be in the best interests of the County; and be it further

RESOLVED, that the funds for the above policy are included in the 2013 Self-Insurance (Workers Compensation) Budget at line 4800 Other.

RESOLUTION – AMENDING RESOLUTION NO. 104-20120307 - AUTHORIZING CHAIRMAN OF THE BOARD TO EXECUTE AMENDED CONTRACTS WITH U S CARE SYSTEMS, INC., ROBYNWOOD HOME FOR ADULTS, VISITING NURSES HOME CARE CORP AND AT HOME CARE PARTNERS, INC. AND RESOURCE CENTER FOR INDEPENDENT LIVING TO PROVIDE ADDITIONAL SERVICES

LINDBERG, KOUTNIK, ROSENTHAL

WHEREAS, Resolution No. 104-20120307 authorized the Chair of the Board to execute renewal agreements with U S Care Systems, Inc., Robynwood Home For Adults, Visiting Nurses Home Care Corp. and At Home Care Partners, Inc. and to contract with Resource Center for Independent Living to continue to provide non- medical, in-home supportive services for elderly residents of Otsego County, (Level I and Level II care), utilizing Expanded In-Home Services for the Elderly Program (EISEP) funding as authorized by section 541 of New York State Executive Law for the period April 1, 2012 to March 31, 2013, with a total amount shared between all providers on a performance basis not to exceed $238,958 at no more than approved Medicaid or locally negotiated rates, whichever is of lesser cost; and

WHEREAS, there is additional funding for EISEP services available in the amount of $7,619 through cost shares and contributions; now, therefore, be it

RESOLVED, that the Chair of the Board is hereby authorized to enter into an amended agreement with U S Care Systems, Inc., Robynwood Home for Adults and Visiting Nurse Home Care Corp., At Home Care Partners, Inc. and Resource Center for Independent Living to provide additional in-home services under the Expanded In-Home Services for the Elderly Program with a total amount shared between all providers on a performance basis not to exceed an additional $7,619; and be it further

RESOLVED, said contracts shall contain such other terms and provisions as are in the best interest of the County of Otsego; and be it further

RESOLVED, that funding will be included in the 2012 Office for the Aging Budget (6772-A) at line 4900 Contracts. Fully funded by such contributions and cost shares.

Seconded, McCarty, Stuligross. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION – AUTHORIZING EXTENSION OF AGREEMENT WITH THE HARTFORD LIFE INSURANCE COMPANY AND RELIANCE TRUST COMPANY AS THE DEFERRED COMPENSATION PLAN ADMINISTRATORS

WHEREAS, the Board of Representatives of Otsego County on February 15, 2008 selected The Hartford Life Insurance Company and Reliance Trust Company as the Deferred Compensation Plan Administrators pursuant to Section 9003.2 of the Rules and Regulations of the New York State Deferred Compensation Board; and

WHEREAS, pursuant to Section 9003.5(b) of the Rules and Regulations of the New York State Deferred Compensation Board, the Otsego County’s deferred compensation plan may extend, in writing, by vote duly taken, any contract or agreement entered into with an administrative services agency for a period having a duration of one (1) year, upon the expiration of the initial term of such contract or agreement; and

WHEREAS, the Board of Representatives of Otsego County finds it to be in the best interest of the Plan to extend the agreement with The Hartford Life Insurance Company and Reliance Trust Company for a period of one (1) year from the date of expiration of such agreement’s initial five (5) year term for reasons which include, but are not limited to, maintain plan stability during these times of unprecedented market volatility; now, therefore, be it

RESOLVED, upon due deliberation, the Board of Representatives of Otsego County hereby extends for a period of one (1) year from its expiration date, with the administrator’s consent, the selection and agreement with The Hartford Life Insurance Company and Reliance Trust Company to act as the Otsego County Deferred Compensation Plan Administrators; and be it further

RESOLVED, that the Chair of the Board of Representatives of Otsego County is hereby authorized to make, execute, and deliver all documents necessary to effectuate to contents of the foregoing resolution.

Seconded, Lindberg, Koutnik. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - AMENDING RESOLUTION NO. 310-20121107 AUTHORIZING CHAIR OF THE BOARD TO EXECUTE AGREEMENTS WITH GENESIS ABSTRACT, INC. AND OTSEGO ABSTRACT COMPANY INC. FOR TITLE SEARCHES IN TAX SALE PROCEEDINGS

WHEREAS, the cost for certified title reports to the County Treasurer’s Office from Genesis Abstract Inc. and Otsego Abstract Company Inc. needs to be amended from $75.00 to $80.00 per search; now, therefore, be it

RESOLVED, that the Chair of this Board be and hereby is authorized to execute agreements with Genesis Abstract Inc. and Otsego Abstract Company Inc. to provide certified title reports to the County Treasurer’s Office in conjunction with tax sale proceedings for property in Otsego County which has been advertised for sale for delinquent taxes for a term ending December 31, 2012 at a cost of $80.00 per search; these services being professional in nature and not requiring public bidding; and be it further

RESOLVED, that the funds for this expenditure are included in the 2012 Tax Advertising and Expense Budget (1362) at line 4800 Other.

Seconded, Koutnik. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - APPOINTING DIRECTORS OF SOIL AND WATER CONSERVATION DISTRICT

ROWINSKI, POWERS, MCCARTY, KOSMER

RESOLVED, that pursuant to Section 6 of the Soil and Water Conservation District Law, the following persons be and hereby are appointed Directors of the Soil and Water Conservation District of the County to serve for the terms and in the capacities indicated:

COUNTY AT LARGE-LANDOWNER Robert Banta 374 Co Hwy 52 Cooperstown, NY 13326 Term expiring December 31, 2015

COUNTY AT LARGE-FARMER Darin Hickling 219 Pitts Road Edmeston, NY 13335 Term expiring December 31, 2015

PAULINE KOREN Otsego County Board of Representatives 49 South Main Street Milford, New York 13807 Term expiring December 31, 2013

RICHARD MURPHY Otsego County Board of Representatives 35 Ceperley Avenue Oneonta, New York 13820 Term expiring December 31, 2013

Seconded, Koutnik, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - APPROVING APPOINTMENT OF MEMBER TO OTSEGO COUNTY SOLID WASTE USER FEE APPEALS BOARD

RESOLVED, that pursuant to Local Law No. 3 of 2000, the Chair of the Board of Representatives has made an appointment to the Otsego County Solid Waste User Fee Appeals Board and the same is hereby approved as follows:

DOUGLAS GOHDE 194 Tabor Road Schenevus, NY 12155 Term expiring December 31, 2015

Seconded, Koutnik. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - APPOINTING INDIVIDUALS TO SERVE ON THE OTSEGO COUNTY COMMUNITY SERVICES BOARD

LINDBERG, KOUTNIK, ROSENTHAL

RESOLVED, that pursuant to Section 41.11 of the Mental Hygiene Law, the following individuals be and hereby are appointed to serve on the following Otsego County Community Services Board for the term indicated:

COMMUNITY SERVICES BOARD:

ERIC MASTROGIOVANNI Director Rehabilitation Support Services 9 River Street Oneonta, NY 13820 Expiring December 31, 2013 (replacing John Phillips)

MENTAL HEALTH SUBCOMMITTEE:

MELISSA FALLON, PhD. Director of Counseling Health and Wellness Center SUNY Oneonta Oneonta, NY 13820 Expiring December 31, 2012 (replacing Jim Bercovitz, PhD.)

JOHANNA AHERN 822 Co. Hwy. 34 Schenevus, NY 12155 Expiring December 31, 2014 (replacing Deborah Schlesinger)

ERIC MASTROGIOVANNI Director Rehabilitation Support Services 9 River Street Oneonta, NY 13820 Expiring December 31, 2013 (replacing John Phillips)

Seconded, Koren. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - APPROVING APPOINTMENT OF MEMBERS TO AGRICULTURAL AND FARMLAND PROTECTION BOARD

RESOLVED, that pursuant to Section 302 of the Agricultural and Markets Law as amended, the Chair of the Board of Representatives has made appointments to the Agricultural and Farmland Protection Board, and the same is hereby approved as follows:

ACTIVE FARMER Chris Harmon CADE 25 Main Street Oneonta, NY 13820 (term expires December 31, 2016)

ACTIVE FARMER Catherine Galley 4241 St Hwy 51 Garrattsville, NY 13342 (term expires December 31, 2016)

Seconded, Rosenthal. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

Board Chair Clark declared Resolution No. 337 (Approving Revisions to the Tentative Otsego County Budget for 2013) a placeholder for any amendments made to Resolution No. 338 (Adopting Otsego County Budget for 2013). For further action see Resolution No. 337-20121205 following Resolution No. 352-20121205 in these proceedings.

RESOLUTION - ADOPTING OTSEGO COUNTY BUDGET FOR 2013

WHEREAS, pursuant to Section 354 of the County Law, on November 15, 2012, the Budget Officer filed with this Board a tentative budget for 2013, together with the budget message and exemption report; and

WHEREAS, the public hearing on the tentative budget was held on November 28, 2012 pursuant to Section 359 of the County Law; and

WHEREAS, this Board, on December 5, 2012 examined the tentative budget as filed and made certain changes, alterations and revisions; now, therefore, be it

RESOLVED, that pursuant to Section 360 of the County Law, the budget for the year 2013, as changed, altered and revised, shall be as follows:

and be it further

RESOLVED, that the final budget as set forth above be and hereby is adopted as the 2013 Otsego County Budget.

Seconded, Koutnik. Representative Schwerd moved to amend Resolution No. 338, to facilitate reinstatement of the Office for the Aging full-time position, by reducing 6772-4100 to $5,600, reducing 6772-4769 to $16,000, decreasing 6772-4550 by $21,768, decreasing 6772-1000 by $15,000, reducing 6772-4400 to $3,000, reducing 6772-4050 to $500, reducing 6010-4050 to 20,000. Seconded, Koren.

Representative Lindberg moved to table amendments to Resolution No. 338. Second, Rosenthal, Koutnik. Total: 6,167; Ayes: 6,167. Motion carried. For further action see Resolution No. 338-20121205 following Resolution No. 337-20121205 in these proceedings.

Action on Resolution No. 339-20121205 following Resolution No. 338-20121205 in these proceedings. RESOLUTION NO. 340-20121205

RESOLUTION – OF RESPECT FOR ANDREW TISENCHECK

ENTIRE BOARD

WHEREAS, Andrew Tisencheck served as County Representative on the Otsego County Board of Representatives for 18 years from January 1, 1970 through December 31, 1987; and

WHEREAS, he represented District No. 13 covering Oneonta City Wards 5 and 6; and

WHEREAS, during his many years of County service, Andrew served as Chairman for four consecutive years from 1976 – 1979 and was a member of almost every Committee; and

WHEREAS, Andrew devoted himself to the County with sincere and untiring effort, and he will be missed but fondly remembered by this Board of Representatives; now, therefore, be it

RESOLVED, that the members of the Otsego County Board of Representatives regrets the passing of Andrew Tisencheck; and be it further

RESOLVED, that this Board of Representatives pays tribute to Andrew Tisencheck and expresses its appreciation of his devoted service to the residents of the County and City of Oneonta; and be it further

RESOLVED, that this Board of Representatives hereby expresses to the family of Andrew Tisencheck its sorrow on his untimely passing.

Seconded, Entire Board. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION –ESTABLISHING THE STANDARD WORK DAY AND REPORTING DAYS FOR THE NYS AND LOCAL EMPLOYEES RETIREMENT SYSTEM FOR CERTAIN COUNTY OFFICIALS

RESOLVED, that the Otsego County Board of Representatives hereby establishes the following as the standard work days for these appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this legislative body:

TITLE NAME STANDARD TERM PARTICIPAT DAYS/ TIER 1 NOT WORK DAY BEGINS/END ES IN MONTH (Check SUBMITTED (Hrs/Day) S EMPLOYER’S (Based on only if (Check box if TIME Record of member no record of KEEPING Activites) is in Tier activities completed or SYSTEM timekeeping (Y/N) 1) system) APPOINTED OFFICIAL 7 (Sept-June) 8/6/2012- Personnel Officer Penney Gentile 6(July-Aug) 8/5/2018 Y N/A Assistant Public 7 (Sept-June) 01/01/2012- Defender Edward Gozigian 6(July-Aug 12/31/2013 N 7.97

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 5,790; Noes: 377 – McCarty. Adopted.

Representative McCarty withdrew Resolution No. 342-20121205 – Declaring Certain County-Owned Real Property No Longer of any Use or Benefit to the County and Authorizing its Sale to Highest Bidder (Copes Corners).

RESOLUTION – APPROVING FILLING OF POSITIONS IN DEPARTMENT OF SOCIAL SERVICES (PART-TIME COMMUNITY SERVICES AIDE and COMMUNITY SERVICES WORKER)

ROTHENBERGER, KOREN, KOUTNIK

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 Administration Committee of this Board approved the filling of certain positions 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 positions, effective immediately:

(1) Part-time Community Services Aide, Grade 3, $11.6392, in Social Services, with 64% Federal and 24% State reimbursement and 12% local cost.

(1) Community Services Worker, Grade 4, $21,648 - $25,413 ($753), in Social Services, with 64% Federal and 24% State reimbursement and 12% local cost;

and be it further

RESOLVED, that the funding for these positions is included in the 2012 Social Services Administration Budget (6010-A) at line 1000 Personal Service with reimbursement as stated above.

Seconded, Stuligross. Roll call vote. Total: 6,167; Ayes: 5,140; Noes: 1,027 – Powers, Lindberg. Adopted.

RESOLUTION NO. 344-20121205 RESOLUTION – APPROVING FILLING OF POSITIONS IN DEPARTMENT OF SOCIAL SERVICES (CLERK)

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 certain positions 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 positions, effective immediately:

(1) Clerk , Grade 5, $22,581 – $26,546 ($793), in Social Services, with 58.33% Federal reimbursement and 41.67% local cost.

(1) Clerk , Grade 5, $22,581 – $26,546 ($793), in Social Services, with 100% reimbursement through Medicaid CAP payment. and be it further

RESOLVED, that the funding for these positions is included in the 2012 Social Services Administration Budget (6010-A) at line 1000 Personal Service with reimbursement as stated above.

Seconded, Stuligross. Roll call vote. Total: 6,167; Ayes: 5,672; Noes: 495 - Powers. Adopted.

RESOLUTION – CREATING A POSITION IN THE DEPARTMENT OF SOCIAL SERVICES (CASEWORKER)

RESOLVED, that the following position is created in the Department of Social Services, effective December 28, 2012 until February 1, 2013:

Caseworker, Grade 12, $30,583 - $36,138 ($1,111) and be it further

RESOLVED, that the funding for this position is included in the 2012 Social Services Administration Budget (6010-A) at line 1000 Personal Service; reimbursement rates are 64% federal, 24% state and 12% local costs; 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.

Seconded, Koutnik. Roll call vote. Total: 6,167; Ayes: 5,672; Noes: 495 - Powers. Adopted.

RESOLUTION - ABOLISHING A POSITION IN THE DEPARTMENT OF SOCIAL SERVICES (CASEWORKER, SCHENEVUS SCHOOL)

RESOLVED, that the following position is abolished in the Department of Social Services, effective January 1, 2013:

Caseworker (Schenevus School), Grade 12, $30,583 - $36,138 ($1,111) 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.

Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION - ESTABLISHING OTSEGO COUNTY SOLID WASTE UNIT CHARGE FOR 2013

WHEREAS, Local Law No. 2 of 1998 entitled “Otsego County Solid Waste User Fee Local Law” provides that this Board by resolution shall establish a solid waste fee annually on or before December 10 of each year for utilization in the following fiscal year (Section V); and

WHEREAS, the Solid Waste and Environmental Concerns Committee has reviewed all matters pertaining to the setting of this Solid Waste Fee, including residential and non-residential solid waste deliveries within the County, the 2013 tipping fee to be charged by MOSA of $69.90 per ton of solid waste delivered and the comparative tipping fee charges of private and commercial solid waste delivery sites within or adjacent to Otsego County to which haulers could deliver their solid waste; now, therefore, be it

RESOLVED, that the Solid Waste Unit Charge for 2013 shall be $28.00. Seconded, Stuligross. Representative McCarty moved to amend Resolution No. 347-20121205 by reducing the unit charge to $20 for 2013. Seconded, Lindberg. Roll call vote on motion to amend. Total: 6,176; Ayes: 2,020 – Koren, Lindberg, McCarty, Schwerd; Noes: 4,147 – Frazier, Powers, Clark, Murphy, Rosenthal, Kosmer, Koutnik, Rothenberger, Rowinski, Stuligross. Motion to amend lost.

Roll call vote on Resolution No. 347-20121205 as presented. Total: 6,167; Ayes: 4,147 – Frazier, Powers, Clark, Murphy, Rosenthal, Kosmer, Koutnik, Rothenberger, Rowinski, Stuligross; Noes: 2,020 – Koren, Lindberg, McCarty, Schwerd. Adopted as originally presented.

RESOLUTION - APPROVING ELIMINATION OF THE 2013 SUBSIDIZATION OF TONNAGE TIPPING FEE

WHEREAS, the Montgomery, Otsego, Schoharie Solid Waste Management Authority shall be implementing a tipping fee of $69.90 per ton, effective January 1, 2013; and

WHEREAS, the participating Counties have acknowledged the need in previous years to subsidize from their own County governments the tipping fee to facilitate the ongoing flow of waste to MOSA; and

WHEREAS, the Solid Waste and Environmental Concerns Committee of this Board has determined not to subsidize this tonnage tipping fee for the year 2013; now, therefore, be it

RESOLVED, that this Board of Representatives approves the elimination of the subsidization of the tonnage tipping fee for the year 2013, and each hauler/customer shall be responsible for the full $69.90 per ton tipping fee.

Seconded, Koutnik. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION NO. 349-20121205 (original)

RESOLUTION – TRANSFERRING FUNDS IN VARIOUS DEPARTMENTS (2012)

WHEREAS, it appears that it will require funds to complete the year 2012 in certain items of the Otsego County Budget; and

WHEREAS, there are unexpended balances in other items of the 2012 budget; now, therefore, be it

RESOLVED, that the following transfers be and the same are hereby authorized, and the 2012 budget be and is hereby amended accordingly, pursuant to Section 363 of the County Law:

2012 Budget Transfers

DEPARTMENT ACCOUNT ACCOUNT AMOUNT NAME CODE

A- GENERAL FUND

FROM: Economic Development Lodging, Meals and Tolls, Etc. 6425-4010-A -340.00 FROM: Economic Development Postage & UPS 6425-4400-A -100.00 FROM: Economic Development Other 6425-4800-A -1,760.00 TO: Economic Development Mileage 6425-4005-A 1,200.00 TO: Economic Development Telephone 6425-4100-A 800.00 TO: Economic Development IT Materials and Supplies 6425-4535-A 200.00

FROM: Tourism Matching Funds Postage 6412-4400-A -1,060.00 TO: Tourism Admin Telephone 6411-4100-A 1,000.00 TO: Tourism Admin Mat & Supplies 6411-4500-A 60.00

FROM: Public Safety Comm Comm. & Radio MTC 3020-4810-A -2,978.75 TO: Public Safety Comm COPS Grant 3020-4903-A 2,228.75 TO: Public Safety Comm Other 3020-4800-A 250.00 TO: Public Safety Comm Vehicle Repair 3020-4515-A 500.00

FROM: Jail Mileage 3150-4005-A -250.00 FROM: Jail Lodging, Meals & Tolls, Etc. 3150-4010-A -481.76 FROM: Jail Training 3150-4050-A -1,350.00 FROM: Jail Equipment 3150-2000-A -871.43 FROM: Sheriff Lodging, Meals & Tolls, Etc. 3110-4010-A -500.00 FROM: Sheriff Mileage 3110-4005-A -500.00 FROM: Sheriff Contracts 3110-4900-A -142.29 TO: Jail Mat & Supplies 3150-4500-A 2,272.59 TO: Jail Other 3150-4800-A 1,822.89

FROM: Sheriff Training 3110-4050-A -1,500.00 FROM: Sheriff Contracts 3110-4900-A -177.71 FROM: Sheriff Mat & Supplies 3110-4500-A -5,000.00 TO: Sheriff Vehicle Expense 3110-4515-A 6,677.71

FROM: Traffic Safety Grant CPS 3310-2300-A -153.12 FROM: Traffic Safety Grant Mat & Supplies 3310-4500-A -36.50 TO: Traffic Safety Grant Mileage 3310-4005-A 174.62 TO: Traffic Safety Grant Other 3310-4800-A 15.00

FROM: Weights and Measures Training 6610-4050-A -180.00 TO: Weights and Measures Other 6610-4800-A 180.00

FROM: Alcoholism Personal Service 4250-1000-A -3,250.00 TO: Alcoholism Medical Expenses 4250-4895-A 3,000.00 TO: Alcoholism Other 4250-4800-A 250.00

FROM: Mental Health Other 4310-4800-A -1,300.00 TO: Mental Health Mileage 4310-4005-A 1,300.00 FROM: Intensive Case Management Wraparound 4315-4810-A -1,400.00 TO: Intensive Case Management Mileage 4315-4005-A 1,400.00

FROM: Social Services Admin Training 6010-4050-A -10,000.00 TO: Social Services Admin Mileage 6010-4005-A 10,000.00

FROM: County Treasurer Personal Service 1325-1000-A -398.00 TO: County Treasurer Training 1325-4050-A 398.00

FROM: Department of Health Lodging, Meals & Tolls, Etc. 4010-4010-A -450.00 TO: Department of Health Telephone 4010-4100-A 450.00

FROM: Bioterrorism Mat & Supplies 4040-4500-A -350.00 TO: Bioterrorism Mileage 4040-4005-A 350.00

FROM: Early Intervention Telephone 4059-4100-A -300.00 TO: DOH-CWSN 3-5 Admin Postage 4060-4400-A 300.00

FROM: DOH-CWSN 3-5 Admin IT Materials and Supplies 4060-4535-A -500.00 TO: Early Intervention IT Materials and Supplies 4059-4535-A 500.00

FROM: Early Intervention Contracts 4059-4900-A -1,000.00 TO: DOH-CWSN 3-5 Admin Mileage 4060-4005-A 1,000.00

FROM: Probation Fuel 3140-4560-A -1,000.00 FROM: Probation Contracts 3140-4900-A -4,500.00 TO: Probation Equipment 3140-2000-A 5,500.00

D-HIGHWAY FUND

FROM: Highway Admin Roof Replacement 5010-2510-D -66,000.00 TO: Highway Maintenance County Equipment Charges 5110-4600-D 66,000.00

2012 Budget Modifications

A - General Fund

INCREASE: Office for the Aging OFA EISEP Fees 0000-1975-A 7,619.00 INCREASE: Office for the Aging In Home Services 6772-4770-A 7,619.00

INCREASE Public Safety Comm Appropriated Reserve 0000-0511-A 35,520.00 INCREASE Public Safety Comm Communication Backbone 3020-2750-A 35,520.00

Handicapped Parking INCREASE Education Appropriated Reserve 0000-0511-A 5,625.00 Handicapped Parking INCREASE Education Other/Education 2987-4800-A 5,625.00

INCREASE County Treasurer Gain on Sale 0000-1051-A 89,500.00 INCREASE County Treasurer Other 1325-4800-A 6,000.00 INCREASE Community Colleges Community Colleges 2490-4800-A 75,000.00 INCREASE County Treasurer Postage 1325-4400-A 2,500.00 INCREASE Exp On Prop Acq for Taxes Other 1364-4800-A 6,000.00

DM-MACHINERY FUND INCREASE: Machinery Fund Minor Sales/Outside Fuel 0000-2655-DM 40,000.00 INCREASE: Machinery Fund Fuel 5130-4560-DM 40,000.00

Transfer From Co Rd Fund INCREASE: Machinery Fund Rentals 0000-2822-DM 66,000.00 INCREASE: Machinery Fund Parts 5130-4540-DM 60,000.00 INCREASE: Machinery Fund Other 5130-4800-DM 6,000.00

Seconded, Lindberg. Representative Murphy moved to amend Resolution No. 349-20121205 by adding a transfer from 5010-2510-D $70,000 to 5110-4600-D $70,000, and increasing revenue 0000-2822-DM $70,000 and increasing 5130-2000- DM $70,000 and other associated accounts that are affected by transferring from D to DM. Seconded, Lindberg. Roll call vote on motion to amend. Total: 6,167; Ayes: 6,167. Motion carried.

RESOLUTION NO. 349-20121205 (amended)