Regular Session s6

REGULAR SESSION FIRST DAY

Wednesday, March 6, 2013

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, Lindberg, Rosenthal, Kosmer, McCarty, Schwerd, Koutnik, Rothenberger, Rowinski, Stuligross.

Under Privilege of the Floor, James Atwell of Fly Creek, spoke in opposition to privatization of Otsego Manor and in favor of polling county residents.

Adrian Kuzminski of Fly Creek asked that all possible options be explored before selling Otsego Manor. He said a local income tax could support local services.

John Davis of Cooperstown spoke in opposition to selling the Manor until every possible idea has been vetted. He further spoke on the recently enacted gun legislation asking the county’s elected officials to initiate discussion on amending versus repealing.

Marion Karl of Cooperstown asked the Board not to vote in favor of repeal of the gun law.

Sam Wilcox of Cooperstown stated that constituents need a dialogue on the Manor. He said that many question the rush to vote and the current plan to sell.

Hilda Wilcox of Cooperstown spoke in opposition to the sale of Otsego Manor. She said that the County could not afford to lose the quality of people who work there and who make it possible for Manor residents to keep their identity and dignity.

Bill Glockler of Cooperstown spoke in support of repeal of the SAFE Act.

Kenneth Hall of Middlefield stated he is for full repeal of the SAFE Act. He further stated his support of the Manor being kept under County control.

Maureen Culbert of E. Springfield asked the Board to table a discussion to vote on selling the Manor and to add other options to the RFP. She further asked for negotiations between the County and CSEA to begin.

Fred Culbert of E. Springfield spoke in opposition to selling Otsego Manor and gave an analysis by district of the number of signatures on the petitions to save the Manor.

Randy Velez of Cooperstown stated that the decision on the Manor affects all County residents. He said the Board should seek an answer from the people on whether there should be a sales tax increase.

Bonnie Wilson, Tri-County Labor Council, opposes privatization of public services. She urged the legislators to maintain the Manor as a public asset. Karen Carpenter, CSEA, spoke in opposition to Local Development Corporations and urged the Board not to form one. She asked that the upcoming informational meetings concerning Otsego Manor include public participation and not be used to promote the selling of the facility. Ms. Carpenter referred to a recent local newspaper article stating that the Union’s unit president was not asked to verify the information that was given by Mr. Marchi, Otsego Manor Administrator.

Keith Schue of Cherry Valley gave an account of a recent meeting of about 30 people held at the First Presbyterian Church relating to Otsego Manor. He asked that the Board begin negotiations with the union, listen to alternatives to privatization and how to save the institution, and not appoint an LDC that would shift responsibility to an unelected body. Mr. Schue opposes repeal of the NY SAFE Act.

Ruby Mitchell of Otego stated that she and her husband support Governor Cuomo’s gun legislation.

Julie Huntsman of Fly Creek asked the Board to totally exhaust every possibility before privatization of the Manor.

Anthony Effner of Westford asked the Board to work as hard to save the Manor as they have worked to sell it. He said he supports a sales tax increase.

Tracy Hoffman of Cooperstown, and staff member at Otsego Manor, stated that she regards the residents as family. She said the Manor is needed for all who need a nursing home.

Dorothy Hudson of Cooperstown stated that the Manor decision looks like a decision based only on funding and a way needs to be found to save it.

Maureen Broeking of Cherry Valley stated that her parents recently entered the Otsego Manor as residents. She compared the Manor to the nursing home where they previously resided and asked that the Manor be preserved as a valuable County resource. She said a blend of ideas is needed as an alternative to selling.

Ed Lentz of New Lisbon stated that he does not support the Governor’s SAFE Act. He questions the need and constitutionality of some provisions of the Act. He asked the Board to call upon the Governor and State Legislators to rethink this measure. Mr. Lentz further stated that privatization of the Manor should be a last resort.

Sandra Bliss, Town of Middlefield, thanked the Board for the recent resolution relating to support of state aid for schools. She urged the Board not to vote to sell the Manor. She supports a raise in sales tax and increasing the tax levy next year as possibilities for revenue to save the Manor.

Joseph Rotolo of Oneonta spoke in opposition to the NY SAFE Act. He stated that hunting and fishing are important to New York industry and create an economic ripple effect. He urged that hunters and anglers not be lost in this state because tax increases will be needed to make up the deficit.

Doug Geerzens of Milford stated that while he understands the County cannot operate with a shortfall, he urged the Board to find something that can be done for the Manor before it is turned over to a private organization and decisions are taken out of County hands. He further asked the Board to support repeal of the gun legislation so the state will take time with this law as they have taken time with the fracking issue.

Joseph Marmorato of Milford asked that the Board pass a resolution to repeal the gun law. He said the recent rally was about infringement of civil rights. Mr. Marmorato further said that he favors keeping the Manor, but without a tax increase.

Don Smyers, Cornell Cooperative Extension, thanked the Board for this year’s funding. He stated that because of the decrease in the funding, the Agriculture Educator position was eliminated. Mr. Smyers further said that they have hired a part time individual to help with agriculture outreach, Bill Gibson.

Bill Gibson, Cornell Cooperative Extension, thanked the Board for their support and stated that he is currently mapping farms (agriculture ventures) in the County and looks forward to sharing that information with them.

Pat Zellmer, Cornell Cooperative Extension 4-H Program, shared with the Board a hands-on experience that teen members had building a robot and becoming the winning Robotics team.

Heriberto Rodriguez of Mount Upton asked the Board to place priority on our seniors and table privatization of the Manor. He suggested looking for federal grants and other solutions to keep it County owned.

David Bliss, Town of Middlefield, stated that he opposes the SAFE Act and supports its repeal because of the way it was passed. He supports keeping the Manor as a public facility and suggested lobbying Albany for better reimbursements.

Gary Robbins of New Berlin and Tri-County Labor Council urged the Board not to privatize the Manor. He asked that they help the CSEA workers at the Manor.

George Decker of Mount Vision asked for repeal of the SAFE Act.

William Dornberg stated that his wife is a resident at the Manor. He stated that the County has a responsibility to its citizens and asked the Board to discuss the issue with Bassett.

George Gall of Oneonta spoke in opposition to the gun legislation.

Mary Ann Whelan of Cooperstown spoke against assault weapons and that the 2nd amendment should not be used as refuge.

Karen Dunlap of Richfield Springs supports amending, not repealing, the SAFE Act. She believes more options can be pursued to keep the Manor as a County owned institution for people who need our care.

Mike Boyle of Hartwick asked for repeal of the SAFE Act.

The Board Chair declared a break. The Board reconvened.

The minutes of February 6, 2013 were approved.

The following communications were read and ordered filed:

Montgomery-Otsego-Schoharie Solid Waste Management Authority Board Meeting Minutes of January 29, 2013.

Montgomery-Otsego-Schoharie Solid Waste Management Authority – January 2013 Monthly Financial Information.

New York State Association of Counties – Resolutions adopted by the county delegates at the NYSAC 2013 Legislative Conference.

Assemblyman William Magee – Letter stating he is in receipt of the resolution in support of Foundation Aid to School Districts and the resolution extending the additional 1% sales tax for two more years.

Notice of Public Hearing – Town of Oneonta on March 13, 2013 at 7:45 p.m. at the Town Hall, West Oneonta NY, to consider a revised local law that would impose a moratorium on natural gas mining in the Town of Oneonta.

Petition of signatures to Save the Manor dated October 5, 2012 and received February 26, 2013.

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

Annual Reports of revenues for the Year 2012 received from the following County departments: Otsego Manor, Probation, Economic Development, and Treasurer.

Montgomery-Otsego-Schoharie Solid Waste Management Authority – Monthly Operations Report for January 2013 daily records of Solid Waste Deliveries and itemized Statement of January 2013 Revenues.

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

Representative Stuligross announced a series of public information meetings relating to Otsego Manor on March 16, 2013 in Worcester at the American Legion, on March 23, 2013 in Cooperstown at the Courthouse, and on April 6, 2013 in Oneonta at the high school. All three will begin at 1:30 pm.

Representative Lindberg moved to dispense with the reading of all resolutions. Seconded, Frazier. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Motion carried.

RESOLUTION NO. 121-20130306

RESOLUTION – AUTHORIZING SUPERINTENDENT OF HIGHWAYS TO EXTEND CONTRACT FOR PURCHASE OF CERTAIN MATERIALS, SUPPLIES AND SERVICES MCCARTY, FRAZIER, MURPHY

WHEREAS, by Resolution No. 132-20120403, this Board authorized contracts for certain materials, supplies and services for the Highway Department; and

WHEREAS, the Public Works Committee and the Administration Committee has approved an extension of these contracts for one (1) year; now, therefore, be it

RESOLVED, that the Otsego County Superintendent of Highways be and hereby is authorized to enter into contracts for one (1) year with the following firms as set forth below, in accordance with the specifications and bids heretofore received; said bid proposals being on file at the Highway Department and in the Office of the Clerk of the Board of Representatives:

BRIDGE MAINTENANCE AND REPAIR:

Bidder: Town & County Bridge & Rail PO Box 16395 Albany, NY 12212

BRIDGE DECK SEALING:

Bidder: Town & County Bridge & Rail PO Box 16395 Albany, NY 12212

SHOTCRETE:

Bidder: Town & Country Bridge & Rail PO Box 16395 Albany, NY 12212

CENTERLINE PAINTING:

Bidder: Seneca Pavement Marking, Inc. 3526 Watkins Road Horseheads, NY 14845

Funds for these expenditures are included in the 2013 Highway Department under D5110.4500, D5110.4570, D5110.4572, D5110.4800, D5110.4818, D5112.2020, D5112.2092, D5112.2093, D5112.2095, D5112.2098, D5113.2104 and D5113.2121.

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

RESOLUTION – AUTHORIZING CHAIR OF THE BOARD TO EXECUTE RENEWAL CONTRACTS WITH U S CARE SYSTEMS, INC., ROBYNWOOD LLC, VISITING NURSES HOME CARE CORP., AT HOME CARE PARTNERS, INC. AND RESOURCE CENTER FOR INDEPENDENT LIVING TO PROVIDE SUPPORTIVE SERVICES FOR ELDERLY RESIDENTS OF OTSEGO COUNTY UTILIZING EXPANDED IN-HOME SERVICE FOR THE ELDERLY PROGRAM, COMMUNITY SERVICES FOR THE ELDERLY AND COMMUNITY LIVING PROGRAM FUNDING

LINDBERG, SCHWERD, KOUTNIK, ROSENTHAL

WHEREAS, there is a need to provide non-medical, in-home supportive services for elderly residents of Otsego County who are not eligible to receive similar services under Title XVIII, Title XIX or Title XX of the federal Social Security Act or similar governmental assistance; and

WHEREAS, the State of New York, through its Office for the Aging has approved the County Home Care Plan of the Otsego County Office for the Aging and has awarded funding for such non-medical, in-home supportive services through the Expanded In-Home Services for the Elderly Program (hereinafter referred to as EISEP) as authorized by Section 541 of New York State Executive Law; and

WHEREAS, EISEP like services may be funded using Community Services for the Elderly (CSE) and Community Living Program (CLP) funding; and

WHEREAS, U S Care Systems, Inc., Robynwood LLC, Visiting Nurses Home Care Corp. and Resource Center for Independent Living are approved home care providers for Title XIX home care services in Otsego County under the federal Social Security Act, and are willing to continue to provide EISEP and EISEP like services, and At Home Care Partners, Inc. is in the process of obtaining such approval; now, therefore, be it

RESOLVED, that the Chair of the Board is hereby authorized to execute renewal agreements with U S Care Systems, Inc., Robynwood LLC, 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 EISEP funding as authorized by section 541 of New York State Executive Law for the period April 1, 2013 to March 31, 2014, with a total amount shared between all providers on a performance basis not to exceed $218,458 at no more than approved Medicaid or locally negotiated rates, whichever is of lesser cost; 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 these contracts are authorized in the 2013 Office for the Aging budget (6772-A) at line 4770, In-home Services, and the percentages of source funds are as follows: State EISEP funds 66.6%, CSE funds 4.4%, local funds 25%, and cost sharing fees and contributions 4%.

Seconded, McCarty. Roll call vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – AUTHORIZING CHAIR OF THE BOARD TO EXECUTE CONTRACT WITH HARRIS BEACH PLLC FOR LEGAL SERVICES CONCERNING OTSEGO MANOR

STULIGROSS, LINDBERG, KOREN, KOSMER

WHEREAS, it is in the best interest of the County to obtain legal services in connection with the sale of Otsego Manor; and

WHEREAS, a request for proposals has been issued and proposals have been received for these services which were reviewed and evaluated by the review committee; and

WHEREAS, upon the recommendation of the review committee, interviews were conducted by the entire Board with two proposers; now, therefore, be it

RESOLVED, that the Chair of this Board be and is hereby authorized to contract with Harris Beach PLLC, 99 Garnsey Road, Pittsford, NY 14534 to provide legal services in connection with the sale of Otsego Manor including negotiation and preparation of a contract of sale and other needed legal services, as specified in their proposal for category III, said proposal being on file with the Clerk of the Board, as amended by letter of February 15, 2013, and as directed by the County from time to time during the period of this contract; and be it further

RESOLVED, that the total contract cost shall not exceed $35,000 unless an additional fee is approved pursuant to the terms of the proposal, as amended; and be it further

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

RESOLVED, that the funding for this contract will be included in the 2013 budget line 6020-4880-E Consultants.

Seconded, Koutnik, Frazier. Roll call vote. Total: 6,167; Ayes: 5,164; Noes: 377 – McCarty; Absent: 626 – Koren. Adopted.

RESOLUTION – AMENDING RESOLUTION NO. 34-20120104 – AUTHORIZING OTSEGO COUNTY COMMISSIONER OF SOCIAL SERVICES TO CONTRACT WITH OTSEGO COUNTY DISTRICT ATTORNEY

KOREN, ROTHENBERGER, KOUTNIK

WHEREAS, by Resolution No. 34-20120104 Otsego County Commissioner of Social Services was authorized to contract with Otsego County District Attorney for the services of one (1) full-time Welfare Fraud Investigator and one (1) part-time Welfare Fraud Investigator to provide Welfare Fraud Investigation services on behalf of the Department of Social Services, at a cost not to exceed $98,622 for the period of January 1, 2012 through December 31, 2012; and

WHEREAS, the contract is in need of being increased by $2,359.53 due to M&C vacation buyback and an increase in health insurance and fringe rates for the 2012 year; 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 enter into an amended agreement by modifying the original agreement as follows:

1. Payment. In no event shall the County’s liability exceed $100,981.53; and be it further

RESOLVED, that the funding for this agreement is included in the 2012 Social Services Administration Budget (6010-A) at line 4900 Contracted Expenses and is 33% Federal and 5% State reimbursable and 62% Local cost.

RESOLUTION – AUTHORIZING COMMISSIONER OF SOCIAL SERVICES TO RENEW CONTRACT WITH DISTRICT ATTORNEY FOR WELFARE FRAUD INVESTIGATION AND PART-TIME ADA SERVICES

RESOLVED, that the Otsego County Commissioner of Social Services and the Otsego County District Attorney are hereby authorized to contract for welfare fraud investigation services through the District Attorney’s Office; the contract will provide one (1) full-time investigator, one (1) part-time investigator, and part-time ADA services by hourly rate, at a cost not to exceed $104,339 for the period January 1, 2013 through December 31, 2013; and be it further

RESOLVED, that said contract is to contain such other terms and conditions as are in the best interests of the County of Otsego; and be it further

RESOLVED, that the funding for this contract is included in the 2013 Social Services Administration Budget (6010-A) at line 4900 Contracted Expenses and is 33% Federal and 5% State reimbursable and 62% Local cost.

Seconded, Schwerd. Roll call vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – AUTHORIZING THE CHAIR OF THE BOARD TO EXECUTE AN EXTENSION AGREEMENT WITH MXI ENVIRONMENTAL SERVICES, LLC (MXI) FOR THE HOUSEHOLD HAZARDOUS WASTE (HHW) EVENT 2013

ROWINSKI, POWERS, MCCARTY, KOSMER WHEREAS, Otsego County engaged in a multi-county contract sponsored by MOSA with MXI for its HHW event in 2011 and 2012; and

WHEREAS, the existing contract with MXI allows for two (2) one-year extensions; and

WHEREAS, MOSA is extending the contract with MXI for 2013, and it would be in the best interest of the County to also continue under the existing contract with a one- year extension for the HHW event for 2013; now, therefore, be it

RESOLVED, that the Chair of this Board is authorized to execute an Extension Agreement with MXI, extending the existing contract for a period of one year to cover the HHW event for 2013, at an estimated cost of $50,000 with an anticipated 50% cost reimbursement under the DEC HHW grant award; and be it further

RESOLVED, that the funds for this Extension Agreement are included in the 2013 Solid Waste Budget under line item 8160-4900-A, Contracts.

Seconded, Koutnik. Roll call vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION - AUTHORIZING THE CHAIR OF THE BOARD TO CONTRACT WITH ALLEN TUNNELL CORPORATION FOR TECHNICAL SUPPORT OF THE CENTRALIZED TAX DATABASE AND SOFTWARE

MURPHY, POWERS, STULIGROSS, SCHWERD, FRAZIER

WHEREAS, it is in the best interests of the County to have a Centralized Tax Database available, which will contain information describing the physical attributes of all parcels in the County, as well as the tax status and payment history; and

WHEREAS, this information will allow for the printing of tax bills, collection of current taxes and management of delinquent taxes; and

WHEREAS, the Allen Tunnell Corporation has implemented the existing tax database and software; now, therefore, be it

RESOLVED, that the Chair of the Board be and hereby is authorized to contract with Allen Tunnell Corporation, 15 Charles Street, Binghamton, New York 13905, for the period of January 1, 2013 to December 31, 2013, at a cost not to exceed $36,000 for the maintenance, technical support and upgrades of existing software; 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 contract are included in the 2013 County Treasurer Budget (1325-A) at line 4835 IT Other/Software.

Seconded, Koutnik. Roll call vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION - APPOINTING MEMBERS TO THE LOCAL EARLY INTERVENTION COORDINATING COUNCIL

RESOLVED, that the following individuals are hereby appointed members of the Local Early Intervention Coordinating Council:

TRACY FORTIN Parent Representative 251 Ingalls Road Unadilla, New York 13849 Term expiring December 31, 2014

MARY MISIEWICZ Parent Representative 241 Griggs Road Springfield Center, New York 13468 Term expiring December 31, 2014

Seconded, Frazier. Oral vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION - APPROVING APPOINTMENT OF MEMBERS TO OFFICE FOR THE AGING ADVISORY COUNCIL

WHEREAS, pursuant to the rules and regulations of the State Office for the Aging, the Chair of the Board of Representatives has made appointments to the Otsego County Office for the Aging Advisory Council; now, therefore, be it

RESOLVED, that the following appointments be and the same are hereby approved for the terms indicated:

GERALD GREEN (District #1) 309 Main Street PO Box 285 Unadilla, New York 13849 Term expiring December 31, 2016

JEAN AND JOE SEROKA (District #3) 27 River Street PO Box 190 Otego, NY 13825 Term expiring December 31, 2016

ROBET TAYLOR (District #5) 104 Balcom Road Mt. Vision, New York 13810 Term expiring December 31, 2016

CHRISTINE GYURE (District #10) 142 Pratt Road Hartwick, New York 13348 Term expiring December 31, 2014

DOROTHY GILL (District #12) 99 Spruce Street Oneonta, New York 13820 Term expiring December 31, 2016

DONALD L. LINDBERG Otsego County Board of Representatives 12 Elm Street – PO Box 391 Worcester, New York 12197 (replacing Betty Anne Schwerd) Term expiring December 31, 2013

KURT SCHULTE Executive Director City of Oneonta Housing Authority 2 Mitchell Street Oneonta, New York 13820 Term expiring December 31, 2013

ANNE M. THAYER Alzheimer’s Association of NE NY 140 County Highway 33W, Suite 2 Cooperstown, New York 13326 Term expiring December 31, 2013

SUSANNE SMITH Supervising PHN Otsego County Department of Health 140 County Highway 33W, Suite 3 Cooperstown, New York 13326 Term expiring December 31, 2013

NANCY REDENTE A.O. Fox Nursing Home 1 Norton Avenue Oneonta, New York 13820 Term expiring December 31, 2013

DEREK MIZERAK, RhD ARC Otsego 63 Lower River Street Oneonta, New York 13820 Term expiring December 31, 2013

LOLA RATHBONE Catskill Area Hospice and Palliative Care 1 Birchwood Avenue Oneonta, New York 13820 Term expiring December 31, 2013

JANICE BRENNER Department of Social Services 197 Main Street Cooperstown, New York 13326 Term expiring December 31, 2013

TRACEY WEAVER District Manager Social Security Administration 31 Main Street, Suite 1 Oneonta, New York 13820 Term expiring December 31, 2013

Seconded, Frazier. Oral vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – APPROVING TEMPORARY HIRE IN CODE ENFORCEMENT OFFICE (BUILDING/FIRE INSPECTOR)

POWERS, MCCARTY, ROTHENBERGER, ROSENTHAL

WHEREAS, the Public Safety and Legal Affairs Committee and the Administration Committee of this Board approved the temporary hire of a Building/Fire Inspector in the Code Enforcement Office; now, therefore, be it

RESOLVED, that the Deputy Code Enforcement Officer is hereby approved to hire the following for a six (6) month period, effective immediately:

One (1) temporary full-time Building/Fire Inspector, Grade 8, $25,677 - $30,247 ($914) and be it further

RESOLVED, that the funding for this position is included in the 2013 Code Enforcement Budget (3620-A) 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, Stuligross. Roll call vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – APPROVING FILLING OF A POSITION IN THE DEPARTMENT OF HEALTH (CHILDREN WITH SPECIAL NEEDS SPECIAL EDUCATOR (2))

WHEREAS, Resolution No. 265-20110907 froze the filling of current vacant employment positions, funded or unfunded, and filling of other previously created positions as yet unfilled without the formal approval of the Parent Committee, the Administration Committee and a County Board Resolution; and

WHEREAS, both the Health and Education Committee and the Administration Committee of this Board approved the filling of a certain position in the Department of Health, as set forth below; now, therefore, be it

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

Children with Special Needs Special Educator (2), Managerial/Confidential, $42,216 per year and be it further

RESOLVED, that the funding for this position is included in the 2013 Department of Health Budget (4010-A) at line 1000 Personal Service, with 100% reimbursement from Medicaid and State Education Department; and be it further

Seconded, McCarty. Roll call vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – CREATING A POSITION AT THE DEPARTMENT OF HEALTH (PART TIME PUBLIC HEALTH EMERGENCY PREPAREDNESS COORDINATOR)

RESOLVED, that the following position is created at the Department of Health, effective immediately: Part time Public Health Emergency Preparedness Coordinator, Managerial/Confidential, $28.00 per hour, not to exceed $30,000 per year and be it further

RESOLVED, that the funding for this position is included in the 2013 Department of Health Budget (4040-A) at line 1000 Personal Service, with 100% reimbursement from Bioterrorism grant; and be it further

RESOLVED, that the Clerk of the Board be and hereby is authorized and directed to forward a copy of this resolution to the County Treasurer and to the Personnel Officer.

RESOLUTION – UNFUNDING A CERTAIN POSITION IN THE DEPARTMENT OF HEALTH (FULL TIME PUBLIC HEALTH EMERGENCY PREPAREDNESS COORDINATOR)

WHEREAS, a certain full time managerial and confidential position in the Department of Health is not being utilized and it is necessary to amend the current budget to reflect same so that the funds still available for this position can be used for other purposes; now, therefore, be it

RESOLVED, that the following position in the Department of Health be unfunded:

Full Time Public Health Emergency Preparedness Coordinator 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, Stuligross. Oral vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – APPROVING FILLING OF POSITION IN PUBLIC HEALTH NURSING (PUBLIC HEALTH NURSE)

WHEREAS, both the Health and Education Committee and the Administration Committee of this Board approved the filling of a position in the Public Health Nursing Department, as set forth below; now, therefore, be it

Public Health Nurse, Grade 14E, $38,183 - $44,323 ($1,228) and be it further

RESOLVED, that the funding for this position is included in the 2013 Department of Health Budget (4010-A) at line 1000 Personal Service, with 100% reimbursement from State Aid, insurance reimbursement and LEAD grant; and be it further

RESOVLED, that the Clerk of the Board is authorized and directed to forward a copy of this resolution to the County Treasurer and to the Personnel Officer.

RESOLUTION – APPROVING FILLING OF POSITION IN PUBLIC HEALTH NURSING (LICENSED PROFESSIONAL NURSE)

WHEREAS, both the Health and Education Committee and the Administration Committee of this Board approved the filling of a certain position in the Public Health Nursing Department, as set forth below; now, therefore, be it

Licensed Professional Nurse, Grade 11Q, $28,982- $33,797 ($963) and be it further

RESOLVED, that the funding for this position is included in the 2013 Department of Health Budget (4010-A) at line 1000 Personal Service, with 100% reimbursement from State Aid and Immunization grant; and be it further RESOLVED, that the Clerk of the Board is authorized and directed to forward a copy of this resolution to the County Treasurer and to the Personnel Officer.

RESOLUTION – APPROVING TEMPORARY HIRE IN PUBLIC HEALTH NURSING (TEMPORARY ON-CALL PUBLIC HEALTH NURSE)

WHEREAS, the Health and Education Committee and the Administration Committee of this Board approved the temporary hire of an RN to cover the on-call duties of one (1) Public Health Nurse in the Public Health Nursing Department for 6 months; now, therefore, be it

RESOLVED, that the Director of Public Health is hereby approved to hire the following for 6 months, effective immediately:

One (1) temporary Public Health Nurse for on-call duties, $12 per weekday night, $40 per weekend day and night, (cost not to exceed $140/week) and be it further

RESOLVED, that the funding for this position is included in the 2013 Department of Health Budget (4010-A) at line 1000 Personal Service; and be it further

RESOLUTION - AUTHORIZING SUPERINTENDENT OF HIGHWAYS TO PURCHASE CERTAIN EQUIPMENT UNDER COUNTY BID

MCCARTY, FRAZIER, MURPHY

RESOLVED, that the Otsego County Superintendent of Highways be and hereby is authorized to purchase the following equipment:

ITEM: Two (2) Air-Flo 14’ stainless steel combination dump bodies

VENDOR: Tracy Road Equipment 1523 Route 11 North Kirkwood, New York 13795

COST: $54,449 each – TOTAL $108,898 Oneida County Bid Reference Number 1606 and be it further

RESOLVED, that the funds for this expenditure are included in the 2013 Highway Budget under 5130-2000-DM (CHIPS).

RESOLUTION - AUTHORIZING SUPERINTENDENT OF HIGHWAYS TO PURCHASE CERTAIN EQUIPMENT UNDER COUNTY BID

MCCARTY, FRAZIER, MURPHY

RESOLVED, that the Otsego County Superintendent of Highways be and hereby is authorized to purchase the following equipment:

ITEM: Two (2) Complete Plow Units (for installation on new tandem axle trucks)

VENDOR: Henderson Truck Equipment – New York 22686 Fisher Road Watertown, New York 13601

COST: $36,846.41 each – Total $73,692.82 Oneida County Bid Reference Number 1606 and be it further

RESOLVED, that the funds for this expenditure are included in the 2013 Highway Budget under 5130-2000-DM (CHIPS).

RESOLUTION – PROCLAIMING THE MONTH OF APRIL 2013 AS CHILD ABUSE PREVENTION MONTH IN OTSEGO COUNTY

WHEREAS, our children represent our greatest hope for the future and Otsego County remains steadfast in its commitment to the safety and security of our children, families and communities; and

WHEREAS, of paramount concern to all New Yorkers are the problems of child abuse, neglect and maltreatment, which endanger vulnerable young lives and cause long-lasting damage to a child’s physical, emotional and cognitive well-being; and

WHEREAS, there are education and prevention programs that address all forms of child abuse and people in communities across Otsego County are encouraged to support such efforts that promote a safe and nurturing environment for children and families; and

WHEREAS, citizens should be vigilant and fervent in their efforts to stop child abuse and are asked to call the State Central Register for Child Abuse and Maltreatment at 1-800-342-3720 to report suspected abuse and maltreatment; and

WHEREAS, Otsego County does not tolerate acts of abuse against children and continuously strives to strengthen enforcement of laws to protect children from abuse, neglect, and maltreatment; all citizens are reminded of the many forms of abuse that occur in our society, with greatest concern for the threat of harm to our precious children; now, therefore, be it

RESOLVED, that Otsego County Board of Representatives proclaims the month of April 2013 as

CHILD ABUSE PREVENTION MONTH

Seconded, Entire Board. Oral vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – AMENDING RESOLUTION NO. 64-20130102– ESTABLISHING SALARIES FOR MANAGERIAL/CONFIDENTIAL EMPLOYEES AND ELECTED OFFICIALS FOR THE YEAR 2013

RESOLVED, that Resolution No. 64-20130102, establishing salaries for Managerial/Confidential employees and elected officials for the year 2013, is amended as follows:

Increase number of hours per week to 25 hours and increase salary for the Director of Veterans Affairs from $17,800 to $22,250 (part-time) Retroactive to January 1, 2013 and be it further

RESOLVED, that the funding for this increase is included in the 2013 Veterans Budget (6510-A) at line 1000, Personal Service; and be it further

RESOLVED, that the Clerk of this Board be and is hereby directed to forward a copy of this resolution to the County Treasurer and to the Personnel Officer.

RESOLUTION - AUTHORIZING SHERIFF TO PURCHASE A MOTOR VEHICLE UNDER STATE CONTRACT

RESOLVED, that the Sheriff is hereby authorized to purchase the following motor vehicle under state contract:

ITEM: One (1) 2013 Chevy Tahoe Special Services Vehicle (Police)

COST: $29,783.76 State Contract #PC64892

VENDOR: Hoselton Automall 909 Fairport Road East Rochester, NY 14416 and be it further

RESOLVED, that the funds for this purchase are included in the 2013 Sheriff Budget at 3110-2400-A, Vehicles.

RESOLUTION – CREATING POSITION IN SOLID WASTE DEPARTMENT (PART TIME TRANSFER STATION ATTENDANT)

RESOLVED, that the following position be and hereby is created in the Solid Waste Department, effective immediately:

Part time Transfer Station Attendant, Grade 01D, $10.7528 per hour, not to exceed 20 hours per week and be it further

RESOLVED, that the funding for this position is included in the 2013 Solid Waste Budget (8160-A) at line 1000 Personal Service; and be it further RESOLVED, that the Clerk of the Board be and hereby is authorized and directed to forward a copy of this resolution to the County Treasurer and to the Personnel Officer.

RESOLUTION - ABOLISHING A POSITION IN SOLID WASTE DEPARTMENT (FULL TIME TRANSFER STATION ATTENDANT)

ROWINSKI, POWERS, MCCARTY, KOSMER

RESOLVED, that the following position is abolished in the Solid Waste Department, effective immediately:

Full Time Transfer Station Attendant, Grade 01D, $22,366 – $26,166 ($760)

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 County Treasurer and to the Personnel Officer.

Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Adopted.

RESOLUTION – TRANSFERRING FUNDS IN VARIOUS DEPARTMENTS (2012-2013)

WHEREAS, it appears that it will require funds to complete the years 2012-2013 in certain items of the Otsego County Budget; and

WHEREAS, there are unexpended balances in other items of the 2012-2013 budget; now, therefore, be it

RESOLVED, that the following transfers be and the same are hereby authorized, and the 2012-2013 budget be and is hereby amended accordingly, pursuant to Section 363 of the County Law:

2013 Budget Transfers

DEPARTMENT ACCOUNT ACCOUNT AMOUNT NAME CODE A- GENERAL FUND

FROM: Otsego Manor Long Term Care 6020-4955-E -23,000.00 TO: Otsego Manor Personal Service 6020-1000-E 23,000.00

2012 Budget Modifications

A- GENERAL FUND DECREASE: Handicapped Parking Education Appropriated Reserve 0000-0511-A 5,625.00 DECREASE: Handicapped Parking Education Other/Education 2987-4800-A 5,625.00

2013 Budget Modifications

A- GENERAL FUND

INCREASE: Sheriff Donations/Sheriff 0000-2707-A 30,000.00 INCREASE: Sheriff Vehicles 3110-2400-A 30,000.00

INCREASE: OES - Homeland Security Homeland Security 2010 0000-4319-A 105,536.00 INCREASE: OES - Homeland Security Homeland Security 2011 0000-4320-A 85,398.00 INCREASE: OES - Homeland Security Homeland Security 2012 0000-4321-A 57,000.00 INCREASE: OES - Homeland Security HAZMIT 2011 0000-4317-A 104,170.00 INCREASE: OES - Homeland Security Homeland Security 2010 3642-4811-A 105,536.00 INCREASE: OES - Homeland Security Homeland Security 2011 3642-4812-A 85,398.00 INCREASE: OES - Homeland Security Homeland Security 2012 3642-4813-A 57,000.00 INCREASE: OES - Homeland Security HAZMIT 2011 3642-4820-A 104,170.00

RESOLUTION – APPROVING TEMPORARY HIRE IN COUNTY TREASURER’S OFFICE (TWO (2) ACCOUNT CLERK TYPISTS)

WHEREAS, the Administration Committee of this Board approved the temporary hire of two (2) Account Clerk Typists in the County Treasurer’s Office; now, therefore, be it

RESOLVED, that the Deputy Treasurer is hereby approved to hire the following, effective immediately:

One (1) Full Time Temporary Account Clerk Typist, for a maximum of 180 days, Grade 7, $13.7938 per hour,

One (1) Part Time Temporary Account Clerk Typist, for a maximum of 90 days, Grade 7, $13.7938 per hour, not to exceed 30 hours per week; and be it further

RESOLVED, that the funding for these positions is included in the 2013 County Treasurer Budget (1325-A) at line 1000 Personal Service; and be it further

Board Chair Clark asked for an explanation on the necessity for immediate action on late Resolution No. 146-20130306.

Representative Schwerd responded that there was no urgency and, with majority consent of the Intergovernmental Affairs Committee, withdrew late Resolution No. 146- 20130306 – Authorizing Chair of the Board to Enter into Agreement for Professional Services Regarding Creative Design of Tourism Program Advertising.

Board Chair Clark asked for an explanation on the necessity for immediate action on late Resolution No. 147-20130306.

Representative Powers responded that there had been uncertainty with the wording of the resolution until this morning when he was asked to look at an alternative.

Representative Rosenthal explained that she introduced late Resolution No. 147- 20130306 as an alternative because of the unresolved conflicts in the wording of the resolution that passed at the Public Safety and Legal Affairs Committee.

Representative Koutnik moved to suspend the rules and act upon late Resolution No. 147-20130306. Seconded, Stuligross. Show of hands. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Motion carried.

RESOLUTION – OPPOSING THE NEW YORK SECURE AMMUNITION AND FIREARMS ENFORCEMENT (SAFE) ACT OF 2013

WHEREAS, the Otsego County Board of Representatives upholds and supports the enforcement of the Second Amendment to the Constitution of the United States; and

WHEREAS, the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 (A.2388/S.2230) was rushed to passage in the State Legislature through a flawed process that excluded input from concerned citizens; and

WHEREAS, provisions in the SAFE Act are already requiring, and will continue to require, greater expenses of County resources, in effect creating a new unfunded mandate; and WHEREAS, implementation of the SAFE Act will also require investment of state resources that could otherwise be used to promote other criminal justice initiatives that keep our residents safe; and

WHEREAS, the SAFE Act would criminalize law-abiding citizens, including police officers, who are the responsible owners of certain firearms and magazines that were included in the law; now, therefore, be it

RESOLVED, that the Otsego County Board of Representatives opposes the New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 and the flawed process by which it was enacted, including Governor Cuomo’s Message of Necessity which limited debate and input from concerned citizens; and be it further

RESOLVED, that the Otsego County Board of Representatives requests that the SAFE Act be repealed and replaced with more sensible legislation that does not infringe upon Second Amendment rights, does not create unfunded mandates on county governments, addresses issues including mental illness and deterring violent crime, and includes full input from the public; and be it further

RESOLVED, that the Clerk of the Otsego County Board of Representatives forward a certified copy of this Resolution to Governor Andrew M. Cuomo, Temporary Presidents of the Senate Jeffrey D. Klein and Dean G. Skelos, Speaker Sheldon Silver, and the county’s representatives in the New York State Senate and Assembly.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 4,212 – Frazier, Powers, Clark, Murphy, Lindberg, Rosenthal, Kosmer, McCarty, Schwerd; Noes: 1,329 – Koutnik, Rothenberger, Rowinski, Stuligross; Absent: 626 – Koren. Adopted.

Representative Stuligross moved for a closed meeting with attorneys, Harris Beach PLLC, under attorney-client privilege at 2:20 p.m. Seconded, Rowinski, Frazier. Total: 6,167; Ayes: 5,541; Absent: 626 – Koren. Motion carried.

The Board reconvened at 3:45 p.m.

All the general business of the Board having been transacted, the Board Chair declared the meeting adjourned until Wednesday, April 3, 2013 at 10:00 a.m.