REGULAR SESSION (Draft)

REGULAR SESSION (Draft) FIRST DAY

Wednesday, December 1, 2010

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

Relic, Powers, Clark, Murphy, Fournier, Lindberg, Dubben, Johnson, McCarty, Schwerd, Stayton, Rothenberger, Rowinski, Stuligross.

Under Privilege of the Floor, Adrian Kuzminski of Sustainable Otsego explained that there has been talk of gas drilling for about two years. The magnitude to which this will happen has not penetrated to the County Board. He stated that it will be damaging and costly to the county. The truck traffic will have a tremendous impact, and the industry could be fatal, suggesting that methane emissions are worse than coal or oil. Mr. Kuzminski felt that the federal government provides little oversight, and New York State has abdicated its responsibility. He suggested that the County is the only line of defense and should try to expand its authority under Home Rule.

Dr. Antoinette Kuzminski, Fly Creek, stated that seismic drilling is occurring in the county. The drilling companies feel their technology is reliable. She stated that no technology is 100% safe. If the water supply is polluted, toxins cannot be filtered out. The Medical Society of Otsego County has come out against hydrofracturing and is in favor of a moratorium until the Environmental Protection Agency completes its study. Mrs. Kuzminski urged the County Board to be proactive and take the health of constituents into mind.

Stella Decesare of Cooperstown stated that many people are concerned about gas drilling. She said that seismic testing is occurring on Beaver Meadow Road. The process being used is dangerous, industrial truck traffic is increasing, and the employees hired are not county residents. Mrs. Decesare suggested a special fund be established to help residents who are negatively impacted by drilling.

Paul Mendelsohn of Cherry Valley stated that Sullivan County requested an amendment to the United States bill to protect against hydrofracturing. He pointed out that other communities have taken action supporting actions against hydrofracturing and supporting a moratorium.

Mary Ellen Fenner of Springfield stated that people close to her have signed gas leases. She fears for the contamination of drinking water and Otsego Lake.

An attorney from Cooperstown stated that she has looked at the issues and impacts on communities surrounding gas drilling. She pointed out that the only successful litigation so far affected by water pollution provides for fines, a bottled water supply and possible relocation. She added that due to Otsego County’s terrain, water testing will not protect people in litigation. It would take a tremendous amount of resources to prove contamination by the gas industry. She cited two cases, Fru Run vs. Town of Caroll and Gernatt Asphalt vs. Town of Sardinia, for the County Board to review. Kristen Leahy, Director of Probation, stated that the Probation Department position eliminated from the 2011 County Budget is funded through STOP DWI, state reimbursement and revenues collected. She also pointed out that a 2007 audit stated that more clerical staff in the Probation Department is necessary to collect revenues. In addition, the office has also taken on the oversight of Leandra’s Law, which has increased the workload with no additional staff support. Mrs. Leahy stated that she has cut expenses in the office since she was hired. However, with the economy in its current state the workload in the Probation Department will continue to increase. She asked for reconsideration of the position.

Dan Stannard of Worcester stated that he has been in contact with the Sheriff’s Department regarding the bank falsifying documents and theft of his milk check. He said that the bank admitted this to a Deputy Sheriff, but no charges or arrests were made. Ms. Stannard asked that this matter be investigated.

John Cosworth of Fly Creek stated that New York State Senators passed a moratorium on gas drilling and asked that the County Board to also take leadership on this matter as the people are expecting.

Dave Grodsky of Pittsfield stated that as long as exemptions to the Clean Water Act and other Acts exist there is no responsibility by the drilling companies. He stated that they will not and do not have to disclose the chemicals used in the drilling process. Mr. Grodsky asked the County Board to be responsible and stand up for the residents.

Nicole Dillingham of Otsego 2000 stated that it is unknown if the Governor will sign the moratorium, which will only be in effect until May 15, 2011. She added that what is happening in Otsego County with vertical wells will be unaffected by the legislation as these wells are already being fracked. The residents need the County Board to help withdraw the SGEIS and have a stay of operation. Otsego County must pass resolutions to this effect. Ms. Dillingham suggested the county hire a law firm to help municipalities prepare laws for noise, agricultural district and sensitive sight restrictions.

A woman stated that she felt the Natural Gas Advisory Committee was charged to look at all gas drilling issues, but feels the committee is only looking at road preservation and water testing and not environmental impacts and economic impacts. The gas industry is not compatible with the local economy, agriculture and tourism. She urged the County Board to put a stop to this until all the questions are answered and look into sustainable and renewable energy.

Julie Huntsman of Fly Creek stated that a local veterinarian took five years to get approval to open a small animal vet clinic, yet it appears we are rolling over for the gas industry. She felt that the majority of people in the state are against drilling, and we should demand tougher regulations for the industry.

The minutes of November 3, 2010 were approved.

The following communications were read and ordered filed:

Deb Klingler, Edmeston Emergency Squad – Letter of support for efforts to sponsor an Advanced EMT Critical Care class in Otsego County.

Allegra Cole, Otego – Letter of support for an employee at the Office for the Aging in Oneonta.

Middlefield Town Board – Resolution stating the Town of Middlefield favors a moratorium by both County and State legislatures of the hydrofracking process and the horizontal drilling for natural gas.

John Gibb, NYS Division of Homeland Security and Emergency Services – Letter announcing an award of $162,000 under the FY2010 State Homeland Security Program for homeland security, law enforcement and public health purposes in Otsego County.

John Gibb, NYS Division of Homeland Security and Emergency Services – Letter announcing an award for Otsego County of $50,000 in federal funding under FY2010 Explosive Detection Canine Team Grant Program.

The following report is on file with the Clerk of the Board:

Montgomery-Otsego-Schoharie Solid Waste Management Authority – 2011 Budget Report

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

The Chairman declared a short break.

The Board reconvened.

Representative McCarty moved for an executive session for personnel. Seconded, Schwerd. Total: 6,167; Ayes: 6,167. Motion carried.

The Board reconvened.

Representative Lindberg moved to dispense with the reading of all reports and resolutions. Seconded, McCarty. Total: 6,167; Ayes: 6,167. Motion carried.

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 2011 of the Laurens Consolidated Health District, which district includes the incorporated Village of Laurens, all in accordance with the Budget for 2011 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 17, 2010 OSCAR OBERKIRCHER, Supervisor Town of Laurens, New York

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PETITION - MILFORD SUPERVISOR - CONSOLIDATED HEALTH DISTRICT

To the Board of Representatives of Otsego County:

I, the undersigned, Supervisor of the Town of Milford, do respectfully petition that there be levied and assessed against the taxable property of the said Town of Milford the sum of $500.00 for the following purposes:

For the purpose of defraying the expenses for 2011 of the Milford Consolidated Health District, which district includes the incorporated Village of Milford, all in accordance with the Budget for 2011 adopted by the Milford Consolidated Health District Board and filed with the Clerk of the Board of Representatives of Otsego County.

When the sum of $500.00 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 16, 2010 THOMAS R. GALE, Supervisor Town of Milford, New York

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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 2011 of the Morris Consolidated Health District, which district includes the incorporated Village of Morris, all in accordance with the Budget for 2011 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 10, 2010 PETER MCCANN, Supervisor Town of Morris, New York

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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 2011 of the Otego Consolidated Health District, which district includes the incorporated Village of Otego, all in accordance with the Budget for 2011 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: November 10, 2010 JOSEPH S. HURLBERT, Supervisor Town of Otego, New York

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TAX ROLL EXPENSE FOR 2011 TAX ROLL

EXPENSE TO TOWNS/CITY PARCELS TOWNS/CITY Oneonta City 3,599 14,755.90 Burlington 944 3,870.40 Butternuts 1,557 6,383.70 Cherry Valley 1,121 4,596.10 Decatur 456 1,869.60 Edmeston 1,425 5,842.50 Exeter 915 3,751.50 Hartwick 1,564 6,412.40 Laurens 1,545 6,334.50 Maryland 1,704 6,986.40 Middlefield 1,807 7,408.70 Milford 2,278 9,339.80 Morris 1,233 5,055.30 New Lisbon 1,057 4,333.70 Oneonta 2,619 10,737.90 Otego 1,851 7,589.10 Otsego 2,852 11,693.20 Pittsfield 1,066 4,370.60 Plainfield 749 3,070.90 Richfield 1,769 7,252.90 Roseboom 841 3,448.10 Springfield 1,238 5,075.80 Unadilla 2,677 10,975.70 Westford 936 3,837.60 Worcester 1,710 7,011.00

**TOTALS** 39,513 $162,003.30

Rate per Account $4.10 TOTAL ELECTION EXPENSE FOR 2011 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:

Total No. # Insp. for First Second General Inspector Total TOWN/CITYof class. Each TOTALElection ElectionTOTALElection NUMBERSClass Custodian Election Tax District Machines $25.00 UNITSExpense ExpenseAMOUNTExpense OFExpense PARCELSExpense Expense Oneonta City 6 40 5,429.95 0.00 11,828.48 1,000.00 600.00 18,858.43 Burlington Oneonta2 City7 7,262.76799.15 0.00203,357.281,643.56 175.003,075 200.00 2,817.71 Butternuts Burlington2 13 1,284.30563.62 0.0015,781.362,824.62 325.00530 200.00 4,633.92 Cherry Valley Butternuts2 13 1,170.30994.42 0.0027843.762,682.12 325.00887 200.00 4,377.42 Decatur Cherry2 Valley9 750.39656.65 0.0021,010.921,444.06 225.00606 200.00 2,525.71 Edmeston 2 6 870.40 0.00 1,729.06 150.00 200.00 2,949.46 Exeter Decatur2 8 212.00742.15 0.005,936.001,558.06 200.00203 200.00 2,700.21 Hartwick Edmeston2 20 1,098.781,355.55 0.0030,765.842,938.62 500.00783 200.00 4,994.17 Laurens Exeter2 12 1,384.05531.14 0.0014,871.922,967.12 300.00503 200.00 4,851.17 Maryland Hartwick2 18 1,882.211,780.45 0.0052,701.884,019.68 450.001,000 200.00 6,450.13 Middlefield Laurens2 14 1,270.721,355.55 0.0035,580.162,910.12 350.00954 200.00 4,815.67 Milford 2 20 2,108.45 0.00 4,493.18 500.00 200.00 7,301.63 Morris Maryland2 14 1,086.361,241.55 0.0030,418.082,796.12 350.00933 200.00 4,587.67 New Lisbon Middlefield2 6 1,164.66770.65 0.0032,610.481,615.06 150.001,031 200.00 2,735.71 Oneonta Milford4 25 1,877.973,092.85 0.0052,583.166,524.74 625.001,420 400.00 10,642.59 Otego Morris2 17 1,498.05961.74 0.0026,928.723,138.12 425.00768 200.00 5,261.17 Otsego New4 Lisbon26 2,964.60614.10 0.0017,194.806,193.74 650.00564 400.00 10,208.34 Pittsfield 2 8 756.40 0.00 1,615.06 200.00 200.00 2,771.46 Plainfield Oneonta2 7 5,405.29727.90 0.00151,348.121,558.06 175.001,881 200.00 2,660.96 Richfield Otego2 10 1,558.211,355.55 0.0043,629.882,938.62 250.001,187 200.00 4,744.17 Roseboom Otsego2 9 4,136.30713.65 0.00115,816.401,529.56 225.001,996 200.00 2,668.21 Springfield Pittsfield2 11 1,198.80640.80 0.0017,942.402,682.12 275.00598 200.00 4,355.92 Unadilla Plainfield3 26 2,593.60431.36 0.0012,078.086,022.74 650.00407 300.00 9,566.34 Westford 2 12 727.90 0.00 1,558.06 300.00 200.00 2,785.96 Worcester Richfield6 23 1,705.042,526.35 0.0047,741.125,570.24 575.001,164 600.00 9,271.59 Roseboom 443.70 12,423.60 417 Totals: Springfield63 374 $39,104.80852.00 $0.0023856.00$84,780.92 $9,350.00696 $6,300.00 $139,535.72 Unadilla 2,392.72 66,996.16 1,763 Westford 496.00 13,888.00 480 Worcester 1,343.86 37,628.08 1,107 TOTALS 39,676.15 1,110,932.20 24,950 SOLID WASTE UNIT & COST REPORT UNIT COST $28.00 November 4, 2010

Representative Lindberg moved to adopt all of the foregoing reports. Seconded, McCarty. Oral vote. Total: 6,167; Ayes: 6,167. Reports adopted.

RESOLUTION NO. 326-20101201

RESOLUTION - AUTHORIZING CHAIRMAN OF THE BOARD TO EXECUTE AGREEMENTS NECESSARY TO RECEIVE GRANT FUNDS FROM THE STATE HOMELAND SECURITY PROGRAM, FROM THE STATE LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM AND FROM THE STATE LOCAL HEALTH DEPARTMENT PROGRAM

RELIC, POWERS, CLARK, ROTHENBERGER

WHEREAS, Otsego County has been awarded $102,536.00 from the Fiscal Year 2010 State Homeland Security Program (SHSP), $45,214.00 from the Fiscal Year 2010 State Law Enforcement Terrorism Prevention Program (SLETPP), and $14,250.00 from the Fiscal Year 2010 State Local Health Department Program (SLHD); and

WHEREAS, funding for this $162,000.00 grant is provided by the U.S. Department of Homeland Security; and

WHEREAS, the SHSP provides funds to support a broad range of homeland security capabilities to address the threat of terrorism and other hazards; and

WHEREAS, the SLETPP provides funds for law enforcement terrorism prevention activities, consistent with the efforts of the Counter-Terrorism Zone (CTZ); and

WHEREAS, the SLHD provides funds for the local health departments to support their health emergency preparedness efforts; now, therefore, be it

RESOLVED, that the Chairman of this Board of Representatives be and is hereby authorized to sign agreements through the New York State Office of Homeland Security and Emergency Services that may be necessary to receive grant funds of $102,536.00 from the Fiscal Year 2010 State Homeland Security Program, $45,214.00 from the Fiscal Year 2010 State Law Enforcement Terrorism Prevention Program, and $14,250.00 from the Fiscal Year 2010 State Local Health Department Program (SLHD); expenditure of these funds in whole or in part to await the further Resolution of this Board; and be it further

RESOLVED, that said agreement(s) shall contain such terms and conditions as are in the best interest of the County of Otsego.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 5,541; Noes: 626 – Fournier. Adopted.

RESOLUTION NO. 327-20101201

RESOLUTION – AUTHORIZING CHAIRMAN OF THE BOARD TO CONTRACT FOR GENERATOR FOR THE MEADOWS OFFICE COMPLEX

RELIC, POWERS, CLARK, ROTHENBERGER

WHEREAS, bids have been requested and duly received by the Purchasing Agent for a generator for emergency power at The Meadows Office Complex; and WHEREAS, the Purchasing Agent has made a report to the Public Safety and Legal Affairs Committee of this Board and they have made a recommendation to this Board that the bid of Cummins Northeast Inc. be accepted; now, therefore, be it

RESOLVED, that the Chairman of the Board of Representatives be and hereby is authorized to contract with Cummins Northeast Inc., 101 Railroad Avenue, Albany, New York 12205 for a generator for emergency power at The Meadows Office Complex, as follows:

Cummins 60 hz 200 kw Emergency GenSet Model 200DSHAC Voltage 120/208, 3 phase 800 amp circuit breaker and 1600 amp Transfer Switch including standard start up with testing and a connected building load - $47,454.00 and be it further

RESOLVED, that the contract shall contain such other and further conditions as deemed in the best interest of the County; and be it further

RESOLVED, that the funding for this contract is included in the 2010 Office of Emergency Services Budget (3641-A) at line 2000 Equipment and is provided by the EOC grant.

Seconded, Fournier. Roll call vote. Total: 6,167; Ayes: 5,541; Noes: 626 – Fournier. Adopted.

RESOLUTION NO. 328-20101201

RESOLUTION – AUTHORIZING CHAIRMAN OF THE BOARD TO EXECUTE AGREEMENT WITH HEALTH RESEARCH, INC. TO RECEIVE GRANT FUNDS FOR PUBLIC HEALTH PREPAREDNESS AND RESPONSE TO BIOTERRORISM PLAN

POWERS, STAYTON, MCCARTY, ROWINSKI

WHEREAS, $70,750.0 in grant funds are available through the State of New York Department of Health for the development of the County’s Public Health Preparedness and Response to Terrorism Plan and related activities for the period August 10, 2010 through August 9, 2011, 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.; now, therefore, be it

RESOLVED, that the Chairman 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 $70,750.00 in CDC grant funds for local public health departments, for the development of the County’s Public Health Preparedness and Response to Bioterrorism Plan and related 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.

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

RESOLUTION NO. 329-20101201

RESOLUTION – AUTHORIZING COMMISSIONER OF SOCIAL SERVICES TO CONTRACT WITH CORNELL COOPERATIVE EXTENSION OF OTSEGO COUNTY TO PROVIDE NUTRITION EDUCATION TO FOOD STAMP ELIGIBLES

CLARK, ROTHENBERGER, STULIGROSS, ROWINSKI

WHEREAS, the County has been awarded $152,800.00 in Federal funds to support Nutrition Education for Food Stamp applicants and participants; and

WHEREAS, the Cornell Cooperative Extension of Otsego County can provide educational programming to enable Otsego County’s Food Stamp population to make informed food choices that will support optimal nutritional health and well-being through a maximization of limited resources; and

WHEREAS, Cornell Cooperative Extension of Otsego County will provide the necessary local match of $152,800.00; and

WHEREAS, the State has approved the Otsego Nutrition Education project with Otsego Cooperative Extension; now, therefore, be it

RESOLVED, that the Commissioner of the Department of Social Services, on behalf of the County of Otsego, is hereby authorized to execute a contract with the Cornell Cooperative Extension of Otsego County for the purpose of providing services to Food Stamp eligibles for the term October 1, 2010 to September 30, 2011, and said contract shall include the following terms:

1. In no event shall the Department of Social Services’ liability exceed the sum of $152,800.00 for the term of the contract;

2. The contract shall contain such other and further conditions as are in the best interest of the County of Otsego; and be it further

RESOLVED, that the funding for this contract is included in the 2010 Social Services Administration Budget (6010-A) at line 4900 Contracted Expenses and consists of 100% Federal funds.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 5,635; Noes: 532 – Lindberg. Adopted. RESOLUTION NO. 330-20101201

RESOLUTION – AUTHORIZING CHAIRMAN OF THE BOARD TO ENTER INTO AGREEMENT WITH VILLAGE OF COOPERSTOWN TO SPONSOR VILLAGE TROLLEY SYSTEM

SCHWERD, JOHNSON, LINDBERG, ROWINSKI

WHEREAS, it is in the best interests of the County and the Village of Cooperstown for the County to sponsor the Village Trolley System, which will allow increased funding and will be a step toward better coordination of transportation throughout the County; now, therefore, be it

RESOLVED, that the Chairman of this Board is authorized to contract with the Village of Cooperstown for the County’s sponsorship of the Village Trolley System, which will allow the Village to become eligible for state and federal funding through the New York State Department of Transportation, and increase the County’s annual allocation of 5311 funding by $45,772.00 to assist the Village with operational expenses of the Village Trolley System, (the Village being responsible for operational costs exceeding the allocation of $45,772.00); and be it further

RESOLVED, that during the first year of the agreement, the Village Trolley Committee agrees to work with the State and the County to create a long term plan for the trolley which will benefit the County transportation system by increasing efficiency and serving a broader base; and be it further

RESOLVED, that said agreement shall contain such other terms and conditions as are in the best interests of the County of Otsego.

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

RESOLUTION NO. 331-20101201

RESOLUTION – EXTENDING LEASE FOR CHEMICAL DEPENDENCIES CLINIC AT 8-12 DIETZ STREET, ONEONTA, NEW YORK

MCCARTY, RELIC, LINDBERG, SCHWERD

WHEREAS, in accordance with Resolution No. 55-2005, a lease agreement with Dietz Street Plaza LLC was authorized for space for the Otsego County Chemical Dependencies Clinic at 8-12 Dietz Street, Oneonta, New York, and the current term of this lease is due to expire December 31, 2010; and

WHEREAS, the County has been awarded $423,250 in Health Care Efficiency and Affordability Law for New Yorkers (HEAL NY) grant funds to support the consolidation of the County’s separate Mental Health and Chemical Dependencies Clinic into a single location; and WHEREAS, renovations are underway at 242 Main Street, Oneonta, New York to consolidate these two clinics; and

WHEREAS, the renovations will not be completed by December 31, 2010, thus making the extension of the current lease to March 15, 2011 a necessity; now, therefore, be it

RESOLVED, that the Chairman of this Board is hereby authorized to enter into a Lease Extension Agreement with Dietz Street Plaza, LLC, for the extension of the current lease for space for the Otsego County Chemical Dependencies Clinic at 8-12 Dietz Street, Oneonta, New York, from January 1, 2011 to March 15, 2011, at a monthly rental of $3,125.00, together with a monthly water usage charge of $15.00 per month, for a total of $3,140.00 per month; the rental for the month of March, 2011 shall be $1,570.00; and be it further

RESOLVED, that all other terms and conditions of the former lease as between the parties shall be reaffirmed and re-ratified; and be it further

RESOLVED, that the funds for this lease extension shall be included in the 2011 Alcoholism Budget (4250-A) at line 4550 Rent.

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

RESOLUTION NO. 332-20101201

RESOLUTION – APPROVING FILLING OF POSITION IN EARLY INTERVENTION

POWERS, STAYTON, MCCARTY, ROWINSKI

WHEREAS, Resolution No. 242-20091021 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 and a County Board Resolution; and

WHEREAS, on November 15, 2010, the Health and Education Committee of this Board approved the filling of a certain position in Early Intervention, as set forth below; now, therefore, be it

RESOLVED, that the Public Health Director is hereby approved to fill the following vacant funded position, effective immediately:

Children with Special Needs Program Manager, Managerial/Confidential, $51,490 per annum and be it further

RESOLVED, that the funding for this position is included 50% in the 4059 Early Intervention Budget and 50% in the 4060 DOH 3-5 Admin Budget at line 1000 Personal Service and consists of 27% funding from the EI/CSHCN Grant, 5% Medicaid, 5% State Aid and 60% EI and 3-5 Fees.

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

RESOLUTION NO. 333-20101201

RESOLUTION – AUTHORIZING FILLING OF POSITION IN HIGHWAY DEPARTMENT

MCCARTY, RELIC, LINDBERG, SCHWERD

WHEREAS, on November 17, 2010, the Public Works Committee of this Board approved the filling of a certain position in the Highway Department, as set forth below; now, therefore, be it

RESOLVED, that the Superintendent of Highways is hereby approved to fill the following vacant funded position, effective immediately:

Motor Equipment Operator, Class I, (MEO I), Grade 11I, $28,669 - $33,041 and be it further

RESOLVED, that the funding for this position is included in the 2010 Highway Budget under 5110-1000-D.

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

RESOLUTION NO. 334-20101201

RESOLUTION – APPROVING TEMPORARY HIRE AT OTSEGO MANOR

LINDBERG, STAYTON, FOURNIER, STULIGROSS

WHEREAS, on November 18, 2010, the Otsego Manor Committee of this Board approved the temporary hire of a full-time Purchasing Clerk at Otsego Manor, effective immediately; now, therefore, be it

RESOLVED, that the Administrator of Otsego Manor is hereby approved to hire the following, effective immediately, for a period not to exceed three (3) months:

One (1) temporary, full-time Purchasing Clerk, Grade 8, $24,929 - $29,364 ($887) and be it further

RESOLVED, that the funding for this position is included in the 2010 Infirmary – Enterprise Budget (6020-E) at line 1000 Personal Service; 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.

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

RESOLUTION NO. 335-20101201

RESOLUTION – AUTHORIZING FILLING OF POSITION IN OTSEGO MANOR LTHHCP

LINDBERG, STAYTON, FOURNIER, STULIGROSS

WHEREAS, on November 18, 2010, the Otsego Manor Committee of this Board approved the filling of a certain position in the Otsego Manor Long Term Home Health Care Program, as set forth below; now, therefore, be it

RESOLVED, that the Director of the Otsego Manor Long Term Home Health Care Program is hereby approved to fill the following vacant funded position, effective immediately:

Sr. Account Clerk, Grade 8, $24,929 - $29,364 ($887) and be it further

RESOLVED, that the funding for this position is included in the 2010 Infirmary - Enterprise Budget (6020-E) at line 1000 Personal Service.

Seconded, Powers. Roll call vote. Total: 6,167; Ayes: 5,305; Noes: 862 – McCarty, Schwerd. Adopted.

RESOLUTION NO. 336-20101201

RESOLUTION – OPPOSING THE FEDERAL MEDICAL ASSISTANCE 1.1% REDUCTION MEANS OF IMPLEMENTATION

POWERS, STAYTON, MCCARTY, ROWINSKI WHEREAS, the 2010 Laws of New York, Chapter 313 enacted a 1.1% reduction in all undisbursed general fund and state special revenue fund aid to localities commencing on September 16, 2010; and

WHEREAS; such reductions create new unfunded mandates from the state to localities and result in forcing the localities to contribute a local share for funds that were enacted as 100% state funded allocations; and

WHEREAS, such new unfunded mandates and increased local share have placed an undue burden on already stressed localities; now, therefore, be it

RESOLVED, that this Board of Representatives wishes to go on record opposing the means of implementation of the reductions of Chapter 313 and requests that Chapter 313 be amended to allow the 1.1% reduction to occur to allocations, not payments; and be it further

RESOLVED, that the Clerk of the Board is hereby directed to send certified copies of this resolution to Governor David A. Paterson, Governor elect Andrew M. Cuomo, Senator Malcolm Smith, Senator James Seward, Assemblyman Sheldon Silver, Assemblyman William Magee, Assemblyman Marc Butler, Assemblyman Peter Lopez and NYSAC.

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

RESOLUTION NO. 337-20101201

RESOLUTION - AUTHORIZING CONVEYANCE OF COUNTY OWNED LANDS ACQUIRED THROUGH DELINQUENT TAXES TO PREVIOUS OWNER

JOHNSON, SCHWERD, MURPHY

WHEREAS, pursuant to Resolution No. 142 of 1975, the County of Otsego has been paying delinquent property taxes on property in the County rather than permitting third parties to pay the taxes; and

WHEREAS, pursuant to Resolution No. 26 of 1981 and Resolution No. 234 of 1986, any parcel of land acquired by the County for delinquent taxes may be redeemed by its former owner by paying to the Treasurer the total amount of the tax including interest, penalties and other costs; and

WHEREAS, a motion was made and seconded at the regularly scheduled Otsego County Board of Representatives meeting on July 7, 2010 that the County Treasurer is authorized to work with taxpayers to redeem their delinquent tax properties up until the day of the County’s public tax sale auction, which auction took place on August 9, 2010; now, therefore, be it

RESOLVED, that this Board be and is hereby authorized to convey the following parcel of land to the previous owner in consideration of taxes paid as listed below: 1. Town of Unadilla – Tax Map No. 321.00-1-56.00 To: Unadilla Ventures LLC 164 Blue Stone Drive Unadilla, New York 13849 for the sum of $4,463.00

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

RESOLUTION NO. 338-20101201

RESOLUTION – AUTHORIZING FILLING OF POSITION IN DEPARTMENT OF SOCIAL SERVICES

CLARK, ROTHENBERGER, STULIGROSS, ROWINSKI

WHEREAS, the Human Services 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:

Motor Vehicle Operator, Grade 5, part-time, $12.2950 per hour Reimbursement: Federal 50%, State 37.5% and Local 12.5% and be it further

RESOLVED, that the funding for this position is included in the 2010 Social Services Administration Budget (6010-A) at line 1000 Personal Service with reimbursement as stated above.

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

RESOLUTION NO. 339-20101201

RESOLUTION - ESTABLISHING OTSEGO COUNTY SOLID WASTE UNIT CHARGE FOR 2011

FOURNIER, MCCARTY, POWERS, MURPHY

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 2011 tipping fee to be charged by MOSA of $69.00 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 2011 shall be $28.00.

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

RESOLUTION NO. 340-20101201

RESOLUTION - APPROVING ELIMINATION OF THE 2011 SUBSIDIZATION OF TONNAGE TIPPING FEE

FOURNIER, MCCARTY, POWERS, MURPHY

WHEREAS, the Montgomery, Otsego, Schoharie Solid Waste Management Authority shall be implementing a tipping fee of $69.00 per ton, effective January 1, 2011; 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 2011; now, therefore, be it

RESOLVED, that this Board of Representatives approves the elimination of the subsidization of the tonnage tipping fee for the year 2011, and each hauler/customer shall be responsible for the full $69.00 per ton tipping fee.

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

RESOLUTION NO. 341-20101201

RESOLUTION – TRANSFERRING FUNDS IN VARIOUS DEPARTMENTS (2010)

JOHNSON, SCHWERD, MURPHY

WHEREAS, it appears that it will require funds to complete the year 2010 in certain items of the Otsego County Budget; and WHEREAS, there are unexpended balances in other items of the 2010 budget; now, therefore, be it

RESOLVED, that the following transfers be and the same are hereby authorized, and the 2010 budget be and is hereby amended accordingly, pursuant to Section 363 of the County Law:

2010 TRANSFERS

DEPARTMENT ACCOUNT ACCOUNT AMOUNT NAME CODE

A- GENERAL FUND

FROM: Co Bldg-Court House Water & Sewer 1620-4565-A -4,015.00 TO: Co Bldg-Court House Heat & Lights 1620-4150-A 4,000.00 TO: Co Bldg-Court House Contracts 1620-4900-A 15.00

FROM: Cooperstown Ofc Bldg Other 1625-4800-A -1,000.00 TO: Cooperstown Ofc Bldg Vehicle Repair 1625-4515-A 1,000.00

FROM: Annex Building Water & Sewer 1626-4565-A -3,400.00 TO: Annex Building Heat & Lights 1626-4150-A 3,400.00

FROM: Public Safety Building Maintenance & Repair Parts 1629-4562-A -10,000.00 TO: Public Safety Building Heat & Lights 1629-4150-A 10,000.00

FROM: Meadows Building Other 1630-4800-A -1,000.00 TO: Meadows Building Vehicle Repair 1630-4515-A 1,000.00

FROM: Otsego Manor Bldg Materials & Supplies 1631-4500-A -2,000.00 FROM: Otsego Manor Bldg Other 1631-4800-A -11,600.00 TO: Otsego Manor Bldg Vehicle Repair 1631-4515-A 2,000.00 TO: Otsego Manor Bldg Contracts 1631-4900-A 11,600.00

FROM: Contingent Other 1990-4800-A -40,000.00 TO: Jail Medical Expenses 3150-4895-A 40,000.00

FROM: CWSN Evaluations (3-5) 2960-4803-A -3,000.00 TO: DOH-CWSN 3-5Admin Contracts 4060-4900-A 3,000.00

FROM: Early Intervention Postage & UPS 4059-4400-A -250.00 TO: DOH-CWSN 3-5Admin Postage & UPS 4060-4400-A 250.00

FROM: DOH-CWSN 3-5Admin Telephone 4060-4100-A -300.00 TO: DOH-CWSN 3-5Admin Other 4060-4800-A 300.00

FROM: Biologicals Contracts 4074-4900-A -1,700.00 TO: Rabies Control Testing and Treatment 4042-4760-A 1,500.00 TO: Public Health Nurses Contracts 4072-4900-A 200.00

FROM: Social Services Admin Personal Service 6010-1000-A -20,421.95 TO: Social Services Admin Postage & UPS 6010-4400-A 8,500.00 TO: Social Services Admin Fuel 6010-4560-A 10,100.00 TO: Social Services Admin DSS-Internet Charges 6010-4852-A 968.00 TO: DSS Records Mngmt Contracts 6011-4900-A 853.95

FROM: DSS-Foster Care Foster Care 6119-4735-A -9,500.00 FROM: DSS-Foster Care Foster Care 6119-4741-A -71,000.00 TO: DSS-Juvenile Delinq Juvenile Delinquent 6123-4736-A 9,500.00 TO: DSS-Safety Net Safety Net 6140-4738-A 71,000.00

FROM: Solid Waste Other 8160-4800-A -200.00 TO: Planning Postage & UPS 8020-4400-A 200.00

D - HIGHWAY FUND

FROM: Highway Seal Program 5112-2093-D -3,000.00 TO: Highway Co Equipment Charges 5110-4600-D 3,000.00

E - ENTERPRISE FUND

FROM: Infirmary-Enterprise Contracts 6020-4900-E -59,000.00 TO: Infirmary-Enterprise Mileage 6020-4005-E 3,000.00 TO: Infirmary-Enterprise Materials & Supplies 6020-4500-E 20,000.00 TO: Infirmary-Enterprise Fuel 6020-4560-E 650.00 TO: Infirmary-Enterprise Equipment Rental 6020-4600-E 550.00 TO: Infirmary-Enterprise Long Term Care 6020-4955-E 34,800.00

S – WORKERS COMPENSATION FUND

FROM: Workers Comp Investigative Services 1710-4001-S -400.00 TO: Workers Comp Postage & UPS 1710-4400-S 400.00

2010 BUDGET MODIFICATIONS

A – GENERAL FUND

DECREASE: State Aid-Education CWSN Education 0000-3277-A -292,500.00 INCREASE: Federal Aid-Education CWSN Stimulus (ARRA) 0000-4278-A 292,500.00

INCREASE: Federal Aid-Social Svcs Social Service Admin 0000-4610-A 585,500.00 INCREASE: Social Services Admin Contracts 6010-4900-A 585,500.00

DM – MACHINERY FUND

INCREASE: Highway Transfer From Co Rd Fd Rentals 0000-2822-DM 3,000.00 INCREASE: Highway Other 5130-4800-DM 3,000.00

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

Representative Johnson moved for executive session for possible litigation. Seconded, Rothenberger. Total: 6,167; Ayes: 4,059; Noes: 2,108 – Relic, Powers, Fournier, Lindberg. Motion carried.

The Board reconvened. RESOLUTION NO. 342-20101201 (original)

RESOLUTION - APPROVING REVISIONS TO THE TENTATIVE OTSEGO COUNTY BUDGET FOR 2011

JOHNSON, SCHWERD, MURPHY

WHEREAS, the Board of Representatives has reviewed the 2011 Tentative Otsego County Budget for possible changes, alterations and revisions; now, therefore, be it

RESOLVED, that pursuant to Section 358 of the County Law, this Board does hereby approve the following changes, alterations and revisions for the 2011 Tentative Otsego County Budget:

Budget Officer County 2011 Revised Tentative Board Tentative Account Code Department Budget Adjustment Budget

APPROPRIATIONS

A – GENERAL FUND

REVENUES

A – GENERAL FUND

and be it further

RESOLVED, as required by Section 358(2) of County Law, that if this Board shall have made any change in the tentative budget, provision shall be made that the total estimated revenues together with the amount of taxes to be levied shall equal the total estimated expenditures.

Seconded, Lindberg. Representative Lindberg moved to amend the resolution by deleting $120,000 from Contingent, $10,000 from Meadows Building Paving, $15,000 from Manor Building Paving, $1,008 from Probation Personal Service, $5,667 from all the Water and Sewer budget lines, $10,000 from Board Patrol (Marine Recreation) and $5,000 from Boat Patrol revenues. Seconded, Johnson.

Representative Stuligross moved to divide the question and vote on each amendment separately. Roll call vote on deleting $120,000 from Contingent. Total: 6,167; Ayes: 5,494; Noes: 673 – Stayton, Stuligross. Motion carried.

Roll call vote on deleting $10,000 from Meadows Building Paving. Total: 6,167; Ayes: 5,841; Noes: 326 – Rothenberger. Motion carried.

Roll call vote on deleting $15,000 from Manor Building Paving. Total: 6,167; Ayes: 6,167. Motion carried.

Roll call vote on removing $1,108 from Probation Personal Service for a position upgrade. Total: 6,167; Ayes: 2,204 – Lindberg, Dubben, Johnson, McCarty, Schwerd; Noes: 3,468 – Relic, Clark, Murphy, Fournier, Stayton, Rothenberger, Rowinski, Stuligross; Abstained: 495 – Powers. Motion lost.

Roll call vote on removing $5,667 from the various Sewer and Water budget lines. Total: 6,167; Ayes: 5,494; Noes: 673 – Stayton, Stuligross. Motion carried.

Roll call vote on removing $10,000 from Boat Patrol (Marine Recreation) and $5,000 from associated revenue. Total: 6,167; Ayes: 4,257; Noes: 1,910 – Relic, Murphy, Fournier, Rowinski. Motion carried.

Representative Fournier moved to amend the resolution by adding funding for a part-time Keyboard Specialist position in the Probation Department. Seconded, Stuligross. Roll call vote on amendment. Total: 6,167; Ayes: 2,874 – Murphy, Fournier, Dubben, Stayton, Rothenberger, Rowinski, Stuligross; Noes: 2,838 – Powers, Clark, Lindberg, Johnson, McCarty, Schwerd; Abstained: 455 – Relic. Motion lost.

Representative Powers moved to call the question. Seconded, Lindberg. Roll call vote on the motion. Total: 6,167; Ayes: 3,713 – Relic, Powers, Clark, Lindberg, Dubben, Johnson, McCarty, Schwerd; Noes: 2,454 – Murphy, Fournier, Stayton, Rothenberger, Rowinski, Stuligross. Motion carried.

RESOLUTION NO. 342-20101201 (amended)

RESOLUTION - APPROVING REVISIONS TO THE TENTATIVE OTSEGO COUNTY BUDGET FOR 2011

JOHNSON, SCHWERD, MURPHY

WHEREAS, the Board of Representatives has reviewed the 2011 Tentative Otsego County Budget for possible changes, alterations and revisions; now, therefore, be it

RESOLVED, that pursuant to Section 358 of the County Law, this Board does hereby approve the following changes, alterations and revisions for the 2011 Tentative Otsego County Budget:

Budget Officer County 2011 Revised Tentative Board Tentative Account Code Department Budget Adjustment Budget

APPROPRIATIONS

A – GENERAL FUND 1620-4565-A County Bldg – Courthouse 5,800.00 (1,934.00) 3,866.00 1622-4565-A 242 Main St/Oneonta Bldg 1,600.00 (533.00) 1,067.00 1623-4565-A County Bldg – Old Jail 2,000.00 (667.00) 1,333.00 1625-4565-A Cooperstown Office Bldg 6,600.00 (2,200.00) 4,400.00 1626-4565-A Annex Building 1,000.00 (333.00) 667.00 1630-2505-A Meadows Building 10,000.00 (10,000.00) 0.00 1631-2505-A Manor Building 15,000.00 (15,000.00) 0.00 1990-4800-A Contingent 620,000.00 (120,000.00) 500,000.00 3110-4500-A Marine Recreation Division 7,500.00 (7,500.00) 0.00 3110-4800-A Marine Recreation Division 2,500.00 (2,500.00) 0.00

E – ENTERPRISE FUND 6020-4890-E Infirmary – Enterprise 2,896,525.00 15,000.00 2,911,525.00 6020-4920-E Infirmary – Enterprise 515,000.00 (15,000.00) 500,000.00

REVENUES

A – GENERAL FUND 0000-2794-A Ream General From Manor (2,896,525.00) (15,000.00) (2,911,525.00) 0000-3316-A Marine & Rec Vehicle (5,000.00) 5,000.00 0.00 and be it further

Roll call vote on resolution as amended. Total: 6,167; Ayes: 3,713 – Relic, Powers, Clark, Lindberg, Dubben, Johnson, McCarty, Schwerd; Noes: 2,454 – Murphy, Fournier, Stayton, Rothenberger, Rowinski, Stuligross. Resolution adopted as amended

RESOLUTION NO. 343-20101201

RESOLUTION - ADOPTING OTSEGO COUNTY BUDGET FOR 2011

JOHNSON, SCHWERD, MURPHY

WHEREAS, pursuant to Section 354 of the County Law, on November 15, 2010, the Budget Officer filed with this Board a tentative budget for 2011, together with the budget message and exemption report; and WHEREAS, the public hearing on the tentative budget was held on November 30, 2010, pursuant to Section 359 of the County Law; and

WHEREAS, this Board, on December 1, 2010, 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 2011, as changed, altered and revised, shall be as follows:

INSERT 2011 OTSEGO COUNTY BUDGET HERE and be it further

RESOLVED, that the final budget as set forth above be and hereby is adopted as the 2011 Otsego County Budget.

Seconded, Lindberg. Roll call vote. Total: 6,167: Ayes: 3,228 – Relic, Powers, Clark, Lindberg, Dubben, Johnson, McCarty; Noes: 2,939 – Murphy, Fournier, Schwerd, Stayton, Rothenberger, Rowinski, Stuligross. Adopted.

RESOLUTION NO. 344-20101201

RESOLUTION - MAKING APPROPRIATIONS FOR THE CONDUCT OF OTSEGO COUNTY GOVERNMENT FOR THE YEAR 2011

JOHNSON, SCHWERD, MURPHY

WHEREAS, this Board, by Resolution No. 343 of 2010, has adopted a budget for the fiscal year 2011, pursuant to Section 360 of the County Law; now, therefore, be it

RESOLVED, that the several amounts specified in such budget under the column entitled "adopted" be and they hereby are appropriated for the objects and purposes specified, effective January 1, 2011.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 5,541; Noes: 626 – Fournier. Adopted.

RESOLUTION NO. 345-20101201

RESOLUTION - AUTHORIZING CHAIRMAN OF THE BOARD TO CONTRACT WITH EBS-RMSCO, INC. TO ADMINISTER THE OTSEGO COUNTY SELF-INSURED HEALTH PLAN

JOHNSON, SCHWERD, MURPHY

WHEREAS, a Self-Insured Health Plan has been established in Otsego County; and

WHEREAS, it is in the best interests of the County to have EBS-RMSCO, Inc. continue to administer the Self-Insured Health Plan; now, therefore, be it

RESOLVED, that the Chairman of this Board be and is hereby authorized to contract with EBS-RMSCO, Inc., 115 Continuum Drive, Liverpool, New York 13088, to act as independent administrator of the County’s Self-Insured Health Plan, for a term of three years, from January 1, 2011 to December 31, 2013, at the following rates:

ADMINISTRATION FEE:

Medical Only* $25.10 - 2011 Rate/EE/Month $25.60 - 2012 Rate/EE/Month $26.10 - 2013 Rate/EE/Month

Medical - Retirees over 65* $15.25 - 2011 Rate/EE/Month $15.55 - 2012 Rate/EE/Month $15.85 - 2013 Rate/EE/Month

Plan Maintenance: Included

HIPPA: Included

*Rate includes utilization review, network access, forms, ID cards, management reports, plan maintenance, HCRA admin, RX admin and HIPPA certificates

OTHER ADMINISTRATION FEES:

Retroactive Benefit Changes $25.00/Claim

ID Cards (Special Requests) $1.95/Card

Out-of-Network Negotiations 25% of savings

Large Case Management $148.00 per hour - 2011 $153.00 per hour - 2012 $158.00 per hour - 2013

PHCS, Travel Network** 25% of Savings

Strategic Recovery Partnership, Inc. 20% of Recoveries Subrogation Negotiation**

**Rates are subject to change by the vendor

ADMINISTRATION FEE:

Flex Administration*** $3.85 - 2011 Rate/EE/Month $3.85 - 2012 Rate/EE/Month $3.85 - 2013 Rate/EE/Month ***Forms and be it further

RESOLVED, that said contract 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 funds for this expenditure are included in the various Health Insurance Accounts within the 2011 County Budget. Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION NO. 346-20101201

RESOLUTION – AUTHORIZING CHAIRMAN TO ENTER INTO AGREEMENT WITH THE TOWN OF BRIDGEWATER (ONEIDA COUNTY) FOR SNOW AND ICE CONTROL ON A PORTION OF COUNTY HIGHWAY 18

MCCARTY, RELIC, LINDBERG, SCHWERD

WHEREAS, the Town of Bridgewater in Oneida County has agreed to be responsible for the snow and ice control on a portion of County Highway 18, consisting of approximately 500 feet, north of U.S. Route 20; now, therefore, be it

RESOLVED, that the Chairman of this Board be and hereby is authorized to enter into an agreement with the Town of Bridgewater for the snow and ice control on a portion of County Highway 18, consisting of approximately 500 feet, north of U.S. Route 20; and be it further

RESOLVED, that the term of the agreement shall commence January 1, 2011 and end December 31, 2011, at a total cost of $504.00 for the entire contract term; said agreement to contain such other terms and conditions as are in the best interests of the County of Otsego.

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

RESOLUTION NO. 347-20101201

RESOLUTION - APPOINTING REPUBLICAN COMMISSIONER OF ELECTIONS

SCHWERD, JOHNSON, LINDBERG, ROWINSKI

RESOLVED, that pursuant to Section 30 of the Election Law, Sheila Ross, 124 Willow Ave, PO Box 55, Fly Creek, New York 13337, be and hereby is appointed Republican Election Commissioner of Otsego County, for a term of two years, commencing January 1, 2011 and ending on the 31st day of December, 2012, at an annual salary not to exceed $6,890.00; and be it further

RESOLVED, that the funding for this position is included in the 2011 Elections Budget (1450-A) at line 1000 Personal Service.

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

RESOLUTION NO. 348-20101201

RESOLUTION - APPOINTING EMERGENCY SERVICES COORDINATOR

RELIC, POWERS, CLARK, ROTHENBERGER

RESOLVED, that Lyle W. Jones, Jr. is hereby appointed Emergency Services Coordinator, for a term commencing January 1, 2011 and ending on the 31st day of December, 2012, at an annual salary not to exceed $48,000.00; 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 Otsego County Personnel Officer and to the County Treasurer; and be it further

RESOLVED, that the funding for this position is included in the 2011 Office of Emergency Services Budget (3641-A) at line 1000 Personal Service.

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

RESOLUTION NO. 349-20101201

RESOLUTION - AUTHORIZING RENEWAL OF VARIOUS INSURANCE POLICIES

JOHNSON, SCHWERD, MURPHY

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, 2010; and

WHEREAS, the County desires to self insure to the sum of $100,000.00 certain of the coverages, namely, comprehensive general liability, auto liability, law enforcement liability and public officials liability; and

WHEREAS, in conjunction with such self insurance, the County desires to obtain insurance coverages over said $100,000.00; now, therefore, be it

RESOLVED, that the Chairman 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

12/31/10 - 12/31/11 ...... $87,111.20

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

General liability and excess liability with $100,000 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

12/31/10 – 12/31/11 ...... $23,113.20 $100,000 deductible applies

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

3. Public Officials Liability with NYMIR Insurance Company

12/31/10 – 12/31/11 ...... $23,650.00 $100,000 deductible applies

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

4. Automobile Liability with NYMIR Insurance Company

12/31/10 – 12/31/11 ...... $36,446.10 $100,000 deductible applies

$5,000,000 each claim/$9,000,000 aggregate

5. OCP with NYMIR Insurance Company

12/31/10 – 12/31/11 ...... $275.00

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

12/31/10 – 12/31/11 ...... $694.98

7. Property & Inland Marine with Chubb

12/31/10 – 12/31/11 ...... $87,771.69

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

12/31/10 – 12/31/11 ...... $7,693.00 $300,000 employee dishonesty

9. Employers Liability Specific Excess with United States Liability Insurance Co.

12/31/10 – 12/31/11 ...... $27,871.00 $25,000 deductible applies

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

01/01/11 – 01/01/12 ...... $85,863.71

$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 2011 Unallocated Insurance Budget (1910) at line 4800 Other and 2011 Self Insurance (Workers’ Comp) Budget at line 4800 Other.

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

Representative Relic moved to suspend the rules and act upon late Resolution Nos. 350 – 351. Seconded, Stayton. Total: 6,167; Ayes: 6,167. Motion carried.

RESOLUTION NO. 350-20101201

RESOLUTION – APPOINTING MEMBER TO COUNTY OF OTSEGO INDUSTRIAL DEVELOPMENT AGENCY

SCHWERD, JOHNSON, LINDBERG, ROWINSKI WHEREAS, the County of Otsego Industrial Development Agency currently has a vacancy on its Board; now, therefore, be it

RESOLVED, that the Otsego County Board of Representatives hereby appoints the following member to the County of Otsego Industrial Development Agency, effective immediately:

ROBERT S. HANFT 155 Stocking Brook Road Cooperstown, New York 13326 (Replacing Walter Buist)

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

RESOLUTION NO. 351-20101201

RESOLUTION – AUTHORIZING ACCEPTANCE OF JARC FUNDING FROM THE NYSDOT

SCHWERD, JOHNSON, LINDBERG, ROWINSKI

WHEREAS, Otsego County is being asked to accept up to $80,000.00 in Job Access Reverse Commute (JARC) funding from the New York State Department of Transportation for mobility management services; and

WHEREAS, this funding will allow the County to facilitate mobility management practices aimed at improving access and awareness of the various mobility options available to Otsego County communities and residents, making more prudent use of existing resources and infrastructure; and

WHEREAS, existing mobility projects that will benefit from the resource are: county public transportation services, multi-agency and human service coordination, regional transportation planning with neighboring counties, and existing city/county and village/county transportation collaboration. The funding will further provide on-going support for initiatives and mandates associated with the federal initiative “United We Ride” and the coordinated planning mandate of SAFETEA-LU; and

WHEREAS, it is in the best interests of the County of Otsego to accept these funds; now, therefore, be it

RESOLVED, that the Chairman of this Board of Representatives be and is hereby authorized to sign any agreements with the State of New York Department of Transportation that may be necessary to accept up to $80,000.00 in JARC funding, with a 20% match to be provided by the County consisting of 2010 excess STOA funding; and be it further

RESOLVED, that the City of Oneonta will consider contributing $2,000.00 toward the 20% match for the program as a sign of partnership, and no County tax dollars will be applied to the match by either municipality for this award. Seconded, Stayton.

Representative Fournier moved to call the question. Seconded, Lindberg. Oral vote on motion. Total: 6,167; Ayes: 6,167. Motion carried.

Roll call vote on resolution. Total: 6,167; Ayes: 3,188 – Relic, Murphy, Dubben, Schwerd, Stayton, Rothenberger, Rowinski, Stuligross; Noes: 2,979 – Powers, Clark, Fournier, Lindberg, Johnson, McCarty. Resolution adopted.

All the general business of the Board having been transacted, the Chairman declared the meeting recessed until Wednesday, December 15, 2010 at 6:00 p.m.