Regular Session s7

REGULAR SESSION FIRST DAY

Wednesday, November 3, 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, Nicole Dillingham of Otsego 2000 reviewed a copy of an internal NYS Department of Environmental Conservation (DEC) memo authored by former Commissioner Peter Grannis regarding DEC staffing cuts. She pointed out that Otsego County is facing hydraulic fracturing operations in the county, while documents show that DEC is not appropriately staffed to protect the public. Ms. Dillingham felt that the drilling companies and DEC did not notify local officials as to what they are doing, especially with hydrofracking. She requested that the County Board investigate the matter and establish a short moratorium on hydrofracking.

The minutes of October 6, 2010 and October 20, 2010 were approved.

The following communications were read and ordered filed:

Richard F. Daines, NYS Department of Health – Letter informing Otsego County that it has been selected to receive an award under the Health Care Efficiency and Affordability Law for New Yorkers (HEAL NY) Grant Program in the amount of $423,250

Patricia A. Zawisza, Children with Special Needs Program Manager – Notice of retirement, effective November 29, 2010.

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

MOSA - 2011 Guaranteed Annual Tonnage Calculation for Montgomery, Otsego, and Schoharie Counties

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

Representative Relic moved for executive session to discuss litigation and 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, Johnson. Total: 6,167; Ayes: 6,167. Motion carried.

MORTGAGE TAX DISTRIBUTION – 2010 The Administration Committee presents the following report of Mortgage Tax Distribution made in accordance with reports of the County Clerk and County Treasurer and in compliance with the provisions of law. The committee has reconciled the distribution of Mortgage Tax from April 1, 2010 through September 30, 2010 as follows:

Amount Amount Amount Allocated To Apportioned Apportioned To Tax District Tax District To Villages City and Towns Oneonta City 50,110.16 50,110.16 Burlington 3,849.27 3,849.27 Butternuts 6,503.74 526.99 5,976.75 Cherry Valley 5,410.72 770.11 4,640.61 Decatur 1,271.89 1,271.89 Edmeston 10,300.14 10,300.14 Exeter 5,139.94 5,139.94 Hartwick 15,928.77 15,928.77 Laurens 15,256.26 428.45 14,827.81 Maryland 8,392.30 8,392.30 Middlefield 25,157.63 1,352.95 23,804.68 Milford 17,511.47 784.48 16,726.99 Morris 6,073.35 799.51 5,273.84 New Lisbon 5,410.23 5,410.23 Oneonta 31,006.53 31,006.53 Otego 15,929.26 2,328.08 13,601.18 Otsego 72,127.97 14,096.33 58,031.64 Pittsfield 7,921.89 7,921.89 Plainfield 3,823.08 3,823.08 Richfield 9,188.84 1,521.44 7,667.40 Roseboom 1,936.99 1,936.99 Springfield 4,522.77 4,522.77 Unadilla 15,779.83 1,906.64 13,873.19 Westford 4,085.47 4,085.47 Worcester 11,128.30 11,128.30 TOTALS $ 353,766.80 $ 24,514.98 $ 329,251.82

Dated: November 2, 2010

The Administration Committee offers the following resolution and moves its adoption: RESOLVED, that this Board issue its warrant to the County Treasurer for the distribution of the amount in his hands in accordance with the foregoing report. Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.

TOWN AND COUNTY TAX BASE FOR 2011 TAX ROLL

The Administration Committee submits the following table of figures from the 2010 assessment rolls of the several towns and city assessed valuations in the county:

Full City and Assessed County City/Town County Tax City/Town Town Value Exemptions Exemptions Base Tax Base

Oneonta City 323,514,969 6,958,198 6,954,328 316,556,771 316,560,641 Burlington 45,429,079 2,956,591 1,809,468 42,472,488 43,619,611 Butternuts 144,318,820 5,647,884 5,117,759 138,670,936 139,201,061 Cherry Valley 35,057,182 2,449,130 1,961,618 32,608,052 33,095,564 Decatur 18,558,021 1,930,846 887,235 16,627,175 17,670,786 Edmeston 61,603,330 1,233,457 581,856 60,369,873 61,021,474 Exeter 37,033,125 1,619,292 1,053,756 35,413,833 35,979,369 Hartwick 253,239,961 8,834,936 3,849,191 244,405,025 249,390,770 Laurens 144,571,179 6,387,445 5,758,879 138,183,734 138,812,300 Maryland 150,215,539 20,360,489 18,857,416 129,855,050 131,358,123 Middlefield 190,616,511 4,085,192 2,929,360 186,531,319 187,687,151 Milford 124,887,793 4,383,669 1,579,757 120,504,124 123,308,036 Morris 61,506,310 1,664,038 1,288,807 59,842,272 60,217,503 New Lisbon 43,107,076 2,056,529 1,080,890 41,050,547 42,026,186 Oneonta 287,081,794 9,358,177 9,325,447 277,723,617 277,756,347 Otego 204,827,281 8,292,222 8,278,922 196,535,059 196,548,359 Otsego 822,624,804 12,739,478 9,831,901 809,885,326 812,792,903 Pittsfield 42,770,722 1,107,376 902,741 41,663,346 41,867,981 Plainfield 64,382,344 5,124,034 2,602,964 59,258,310 61,779,380 Richfield 158,632,884 8,687,046 7,435,048 149,945,838 151,197,836 Roseboom 30,567,074 2,530,554 713,055 28,036,520 29,854,019 Springfield 109,420,256 6,147,187 5,759,397 103,273,069 103,660,859 Unadilla 130,027,503 3,874,719 3,731,455 126,152,784 126,296,048 Westford 34,617,832 1,511,652 1,167,285 33,106,180 33,450,547 Worcester 87,068,251 5,181,680 5,451,966 81,886,571 81,616,285

Totals: 3,605,679,640 135,121,821 108,910,501 3,470,557,819 3,496,769,139

The Administration Committee recommends that the foregoing amounts from the 2010 assessment rolls be used as a basis for taxation and therefore offers the following resolution:

Resolved, that the foregoing table of figures as reported be used as a basis for taxation for Otsego County and that levy be made thereon from the report on Town and County Tax Base for the several tax districts within the county for the 2011 tax rolls.

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

INSIDE AND OUTSIDE VALUATIONS FOR 2011 TAX ROLL The Administration Committee submits the following table of figures compiled from the 2010 assessment rolls of the several towns containing incorporated villages showing the taxable valuation in the areas outside the village corporation limits and taxable valuation within the village corporation limits.

Property Taxable for Property Taxable Towns County Taxes For Town Taxes

Butternuts Outside Corp 116,014,151 116,436,661 Inside Corp 22,656,785 22,764,400

Cherry Valley Outside Corp 22,865,945 23,323,127 Inside Corp 9,742,107 9,772,437

Laurens Outside Corp 130,233,742 130,848,758 Inside Corp 7,949,992 7,963,542 Middlefield Outside Corp 166,207,908 167,318,619

Inside Corp 20,323,411 20,368,532

Milford Outside Corp 109,649,362 112,259,719 Inside Corp 10,854,762 11,048,317

Morris Outside Corp 44,112,837 44,369,116 Inside Corp 15,729,435 15,848,387

Otego Outside Corp 138,369,530 138,387,830 Inside Corp 58,165,529 58,160,529

Otsego Outside Corp 490,849,188 492,923,117 Inside Corp 319,036,138 319,869,786

Richfield Outside Corp 100,190,537 101,124,525 Inside Corp 49,755,301 50,073,311

Unadilla Outside Corp 95,893,809 96,029,416 Inside Corp 30,258,975 30,266,632

The Administration Committee submits the following resolution and moves its adoption:

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

Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted. SPECIAL VALUATIONS FOR 2011 TAX ROLL

The Administration Committee submits the following table of figures compiled from the 2010 assessment rolls of the several towns and city as the assessed valuation of the tax districts within the several towns and city:

Taxable Assessed Districts Value

City of Oneonta Library 323,514,969

Town of Burlington Special Highway Levy 43,619,611 Brlngtn-Edmstn Fire Prot 45,230,379 Burlington Flats Light 2,338,385 West Burlington Light 1,849,504

Town of Butternuts Special Highway Levy 116,436,661 General Part Town Levy 116,436,661 Mt. Upton Fire Prot. 5,803,400 S. New Berlin Fire Prot. 11,247,728 Butternuts Fire Prot. 103,879,714 South New Berlin Light 1,503,737 S. New Berlin Water Dist. 901,000

Town of Cherry Valley Special Highway Levy 23,323,127 General Part Town Levy 23,323,127 Cherry Valley Fire District 35,022,182 Cherry Valley Garbage 25,042,825

Town of Decatur Special Highway Levy 17,670,786 Worcester Fire Dist. 10,169,634 East Worcester Fire Dist. 8,388,387

Town of Edmeston Special Highway Levy 61,021,474 Edmeston Fire Dist. 1 18,238,944 West Edmeston Fire Dist. 6,672,870 S. Edmeston Fire Prot. 4,180,373 Brlngtn-Edmstn Fire Prot. 31,069,412 Edmeston Fire Prot. 2 1,441,731 Edmeston Light 19,005,566 West Edmeston Light 1,854,562 South Edmeston Light 1,664,116 Edmeston Water Dist. 19,612,610

Town of Exeter Special Highway Levy 35,979,369 Schuyler Lake Fire Dist. 36,854,125 Schuyler Lake Light 4,709,817 West Exeter Light 1,362,004

Town of Hartwick Special Highway Levy 249,390,770 Hartwick Fire Dist. 253,229,411 Hartwick Light Dist. 23,054,116 Hartwick Water Dist. 24,119,018 Town of Laurens Special Highway Levy 130,848,758 General Part Town Levy 130,848,758 Laurens Fire District 144,170,459 Mt. Vision Light 8,766,593

Town of Maryland Special Highway Levy 131,358,123 Maryland Fire Dist. 140,697,320 Maryland Light 1 6,741,161 Maryland Light 2 21,142,799 Maryland Water 2 22,868,399

Town of Middlefield Special Highway Levy 167,318,619 General Part Town Levy 167,318,619 Middlefield Fire Prot. 169,131,336 Hyde Bay Dev. Fire Prot. 974,400 Middlefield Light 3,806,066

Town of Milford Special Highway Levy 112,259,719 General Part Town Levy 112,259,719 Milford Fire Protection 113,698,390 Portlandville Light 1,715,200 Colliersville Light 1,732,780 E. Portlandville Light 568,700

Town of Morris Special Highway Levy 44,369,116 General Part Town Levy 44,369,116 Morris Fire Dist. 52,992,060 Butternut-Maple Gr. Prot. 2,804,400 S. New Berlin Fire Dist. 5,693,300 South New Berlin Light 812,800 S. New Berlin Water Dist. 831,300

Town of New Lisbon Special Highway Levy 42,026,186 Garrattsville Fire Prot. 43,107,076 Garrattsville Light 2,234,471

Town of Oneonta Special Highway Levy 277,756,347 West Oneonta Fire Dist. 52,918,993 Oneonta Fire Prot. 234,162,801 Oneonta Plains Light 84,885,225 East End Light 15,567,977 West Oneonta Light 23,712,650 Cemetery Hill Light 2,559,800 Pony Farm Ind. Park Light 3,306,800

Town of Otego Special Highway Levy 138,387,830 General Part Town Levy 138,387,830 Otego Fire District 204,780,898 Wells Bridge Light 2,739,857

Town of Otsego Special Highway Levy 492,923,117 General Part Town Levy 492,923,117 Fly Creek Fire District 211,931,290 Schuyler Lake Fire Dist. 49,143,295 Otsego Fire Protection 240,228,015 Fly Creek Light 20,903,036

Town of Pittsfield Special Highway Levy 41,867,981 Pittsfield Fire District 42,759,022

Town of Plainfield Special Highway Levy 61,779,380 Leonardsville Fire Dist. 14,279,837 Unadilla Forks Fire Prot. 49,731,517 Unadilla Forks Light 6,117,703 Leonardsville Light 1,754,999

Town of Richfield Special Highway Levy 101,124,525 General Part Town Levy 101,124,525 Richfield Fire Protection 106,051,572 Monticello Light 1,746,277

Town of Roseboom Special Highway Levy 29,854,019 Roseboom Fire Protection 30,544,624

Town of Springfield Special Highway Levy 103,660,859 Springfield Fire District 109,279,796 Springfield Center Light 4,675,137 East Springfield Light 2,423,700

Town of Unadilla Special Highway Levy 96,029,416 General Part Town Levy 96,029,416 Wells Bridge Fire Dist. 19,150,141 Unadilla Fire Prot. 1 48,311,083 Riverside Fire Prot. 24,774,837 Mt. Upton Fire Prot. 6,372,856 Riverside Light 2,643,260 Wells Bridge Light 2,470,757 Rockdale Light 447,980

Town of Westford Special Highway Levy 33,450,547 Westford Fire Dist. 34,617,832 Westford Light 1,897,930

Town of Worcester Special Highway Levy 81,616,285 Worcester Fire Dist. 62,421,590 East Worcester Fire Dist. 24,646,661 Worcester Light 23,588,251 East Worcester Light 7,450,604

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

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

Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted. COUNTY EQUALIZATION RATES FOR 2011 TAX ROLL

City of Oneonta 66.50 Town of Burlington 56.00 Town of Butternuts 100.00 Town of Cherry Valley 32.02 Town of Decatur 45.75 Town of Edmeston 56.00 Town of Exeter 54.00 Town of Hartwick 100.00 Town of Laurens 100.00 Town of Maryland 100.00 Town of Middlefield 65.00 Town of Milford 54.00 Town of Morris 53.00 Town of New Lisbon 43.00 Town of Oneonta 56.57 Town of Otego 106.39 Town of Otsego 100.00 Town of Pittsfield 52.00 Town of Plainfield 112.43 Town of Richfield 93.00 Town of Roseboom 52.00 Town of Springfield 49.00 Town of Unadilla 58.19 Town of Westford 54.00 Town of Worcester 57.50

The Administration Committee submits the following resolution and moves its adoption: RESOLVED, that this County Board adopt the foregoing table on equalization rates, which have been prepared by the State Board of Real Property Services and which will be used for the apportionment of the 2011 tax levy in the Otsego County Tax Districts.

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

TRUE VALUE FOR 2011 TAX ROLL The Administration Committee, in accordance with percentages heretofore adopted by this Board on the 3rd day of November 2010, has determined the actual valuation of each tax district of real property in this county. The following table shows the assessed value of real property and the aggregate valuation of the several tax districts, excluding wholly exempt property, upon which the 2011 taxes will be apportioned between the said tax districts.

*Taxable *Full Assessed Assessed Value for County Value Before County Equalization *True Value for City and Towns Exemptions Purposes Rates Apportionment

City of Oneonta 323,514,969 316,556,771 66.50 486,488,675 Town of Burlington 45,429,079 42,472,488 56.00 81,123,355 Town of Butternuts 144,318,820 138,670,936 100.00 144,318,820 Town of Cherry Valley 35,057,182 32,608,052 32.02 109,485,265 Town of Decatur 18,558,021 16,627,175 45.75 40,563,980 Town of Edmeston 61,603,330 60,369,873 56.00 110,005,946 Town of Exeter 37,033,125 35,413,833 54.00 68,579,861 Town of Hartwick 253,239,961 244,405,025 100.00 253,239,961 Town of Laurens 144,571,179 138,183,734 100.00 144,571,179 Town of Maryland 150,215,539 129,855,050 100.00 150,215,539 Town of Middlefield 190,616,511 186,531,319 65.00 293,256,171 Town of Milford 124,887,793 120,504,124 54.00 231,273,691 Town of Morris 61,506,310 59,842,272 53.00 116,049,642 Town of New Lisbon 43,107,076 41,050,547 43.00 100,249,014 Town of Oneonta 287,081,794 277,723,617 56.57 507,480,633 Town of Otego 204,827,281 196,535,059 106.39 192,524,937 Town of Otsego 822,624,804 809,885,326 100.00 822,624,804 Town of Pittsfield 42,770,722 41,663,346 52.00 82,251,388 Town of Plainfield 64,382,344 59,258,310 112.43 57,264,381 Town of Richfield 158,632,884 149,945,838 93.00 170,572,994 Town of Roseboom 30,567,074 28,036,520 52.00 58,782,835 Town of Springfield 109,420,256 103,273,069 49.00 223,306,645 Town of Unadilla 130,027,503 126,152,784 58.19 223,453,348 Town of Westford 34,617,832 33,106,180 54.00 64,107,096 Town of Worcester 87,068,251 81,886,571 57.50 151,423,045

Totals: 3,605,679,640 3,470,557,819 4,883,213,205

County Equalization Rate: 73.83832595

*Full Assessed Values, Taxable Assessed Values and True Values exclude all wholly exempt property values.

The Administration Committee submits the following resolution and moves its adoption: Resolved, that the Report on True Value be accepted and adopted and that the valuation of real property for the several tax districts of the county be determined as set forth in the foregoing table as the basis for the apportionment of the taxes of the several tax districts in said county to be levied for 2011.

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

RESOLUTION NO. 309-20101103

RESOLUTION – AUTHORIZING CHAIRMAN OF THE BOARD TO CONTRACT WITH THE NEW YORK STATE DEPARTMENT OF HEALTH TO RECEIVE HEAL NY GRANT FUNDS

POWERS, STAYTON, MCCARTY, ROWINSKI

RESOLVED, that the Chairman of the Board be and hereby is authorized to execute an agreement with the New York State Department of Health, to receive $423,250.00 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 Clinics into a single location, which will improve the efficiency of clinic operations and allow for the integrated treatment of clients with co- occurring disorders, for the period October 1, 2010 through December 31, 2012; 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, Relic and Lindberg. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION NO. 310-20101103

RESOLUTION - AUTHORIZING CHAIRMAN OF THE BOARD TO EXECUTE AGREEMENT WITH STATE OF NEW YORK TO RECEIVE LOCAL ENHANCED WIRELESS 911 REIMBURSEMENT

RELIC, POWERS, CLARK, ROTHENBERGER

WHEREAS, the State Legislature has enacted state law authorizing reimbursement to counties of certain costs associated with the provision of Wireless 911 services; and

WHEREAS, Otsego County is eligible to apply for reimbursement of certain costs associated with the provision of Wireless 911 services; and

WHEREAS, the County's allocation from the 2010-2011 State Budget for costs incurred from April 1, 2010 through March 31, 2013 is $31,850.00; now, therefore, be it RESOLVED, that the Chairman of this Board be and hereby is authorized to execute an agreement, and other documents that may be necessary, with the State of New York for securing reimbursement of costs incurred by the County for the implementation and operation of the Local Enhanced Wireless 911 Program, for the period April 1, 2010 through March 31, 2013 in the amount of $31,850.00 as allocated in the 2010 - 2011 State Budget.

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

RESOLUTION NO. 311-20101103

RESOLUTION – AUTHORIZING DIRECTOR OF COMMUNITY SERVICES TO SUBMIT APPLICATION TO NYS OASAS TO APPROVE RELOCATION OF CHEMICAL DEPENDENCIES CLINIC

POWERS, STAYTON, MCCARTY, ROWINSKI

RESOLVED, that the Director of Community Services is authorized to submit an application to the New York State Office of Alcoholism and Substance Abuse Services (NYS OASAS) to approve the relocation of the Otsego County Chemical Dependencies Clinic from 8-12 Dietz Street, Oneonta, New York to 242 Main Street, Oneonta, New York.

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

RESOLUTION NO. 312-20101103

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

RELIC, POWERS, CLARK, ROTHENBERGER

WHEREAS, by Resolution No. 221-20100602, the temporary hire of a full-time Building/Fire Inspector in the Code Enforcement Office was approved for the period August 9, 2010 to November 9, 2010; and

WHEREAS, the Public Safety & Legal Affairs Committee of this Board approved extending this position for an additional three (3) months, effective November 9, 2010 to February 9, 2011; now, therefore, be it

RESOLVED, that the Deputy Code Enforcement Officer and the Interim Code Enforcement Officer are hereby approved to extend the following temporary position in the Code Enforcement Office an additional three (3) months, effective November 9, 2010 to February 9, 2011:

Building/Fire Inspector, Grade 8, $24,929 - $29,364 ($887) and be it further

RESOLVED, that the funding for this position is included in the 2010 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, Fournier and Stuligross. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

RESOLUTION NO. 313-20101103

RESOLUTION – APPROVING TEMPORARY HIRE IN COMMUNITY SERVICES

POWERS, STAYTON, MCCARTY, ROWINSKI

WHEREAS, on October 20, 2010, the Health and Education Committee of this Board approved the temporary hire of two (2) full-time Keyboard Specialists to work on medical records for the Mental Health Clinic and Chemical Dependencies Clinic in preparation of the co-location at 242 Main Street, Oneonta, New York; now, therefore, be it

RESOLVED, that the Director of Community Services is hereby approved to hire the following, effective immediately, for a period not to exceed sixty (60) days:

Two (2) temporary, full-time Keyboard Specialists, Grade 5, $21,923 - $25,768 ($769) and be it further

RESOLVED, that the funding for these positions is included in the 2010 RIV Monitoring and Evaluation Budget (4311-A) at line 1000 Personal Service; said funding to be provided by the HEAL-NY 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.

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

RESOLUTION NO. 314-20101103

RESOLUTION - AUTHORIZING COMMUNICATIONS COORDINATOR TO PAY ANNUAL MAINTENANCE FOR E-911 CAD SYSTEM

RELIC, POWERS, CLARK, ROTHENBERGER RESOLVED, that the Communications Coordinator be and is hereby authorized to pay the following:

ITEM: Annual Maintenance for the E-911 CAD System (November 1, 2010 to November 1, 2011)

VENDOR: MobileTec International, Inc. 13157 North Dale Mabry Highway Tampa, Florida 33618

COST: $34,940.88 and be it further

RESOLVED, that the funding for this payment is included in the 2010 Public Safety Communications Budget (3020-A) at line 4810 Communication and Radio Maintenance.

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

RESOLUTION NO. 315-20101103

RESOLUTION – AUTHORIZING FILLING OF POSITIONS IN HIGHWAY DEPARTMENT

MCCARTY, RELIC, LINDBERG, SCHWERD

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 October 20, 2010, the Public Works Committee of this Board approved the filling of certain positions 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 positions, effective immediately:

Working Supervisor Construction (WSC), Grade 14J, $37,495 - $42,700 Motor Equipment Operator, Class II, (MEO II), Grade 11L, $29,430 - $33,798 Motor Equipment Operator, Class I, (MEO I), Grade 11I $28,669 - $33,041 and be it further

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

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

RESOLUTION NO. 316-20101103

RESOLUTION – PROCLAIMING THE MONTH OF NOVEMBER 2010 AS ADOPTION AWARENESS MONTH IN OTSEGO COUNTY

CLARK, ROTHENBERGER, STULIGROSS, ROWINSKI

WHEREAS, the youth of Otsego County are our most precious resource and every child deserves the love, security and stability of a family to provide a strong foundation for a healthy and productive life; and

WHEREAS, Otsego County encourages all efforts to increase awareness of the children who are in foster care waiting to be adopted into a secure family unit; and

WHEREAS, Otsego County’s future depends on today’s children, and Otsego County is committed in finding nurturing, permanent homes for waiting children in an effort to help children develop and grow to their full potential; and

WHEREAS, in observing Adoption Month, we also recognize the valuable contributions of adoptive parents who continually strive to improve the quality of life for children they bring into their lives; now, therefore, be it

RESOLVED, that the Otsego County Board of Representatives, in appreciation of all Adoptive Families, hereby proclaims the month of November 2010 as

ADOPTION AWARENESS MONTH in Otsego County and encourages all residents to join in this worthy observance.

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

RESOLUTION NO. 317-20101103

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 parcels of land to the previous owner in consideration of taxes paid as listed below:

1. Town of Milford – Tax Map No. 277.00-1-19.01

To: Peter A. Rose 6349 State Highway 7 Maryland, New York 12116 for the sum of $4,689.00

2. Town of Pittsfield – Tax Map No. 156.00-1-46.00 To: Dennis M. Fallon 139 Rural Retreat Lake Road Rural Retreat, Virginia 24368 for the sum of $5,956.00

3. Town of Otego – Tax Map No. 272.00-1-36.26 To: Estate of Maria R. Robinson c/o Constance P. Escolano, Administrator 15 Birch Drive Middletown, New York 10940 for the sum of $5,691.00

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

RESOLUTION NO. 318-20101103

RESOLUTION - FIXING DATE AND LOCATION OF PUBLIC HEARING ON THE TENTATIVE 2011 OTSEGO COUNTY BUDGET

JOHNSON, SCHWERD, MURPHY

WHEREAS, Section 359 of the County Law provides that before final adoption of the budget the Board of Representatives shall hold a public hearing on the tentative budget for 2011 with such changes, alterations and revisions as shall have been therein made by the Budget Officer and the Board, and that the time when and place where such hearing shall be held shall be fixed by resolution of the Board of Representatives; now, therefore, be it

RESOLVED, that the public hearing on the tentative county budget, pursuant to Section 359 of the County Law, shall be held at the Otsego County Courthouse, in the Courtroom (second floor), in the Village of Cooperstown, New York, on the 30th day of November, 2010, at 7:00 p.m. in the evening; and be it further

RESOLVED, that the Clerk of the Board shall cause notice of such hearing to be published in accordance with the law.

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

RESOLUTION NO. 319-20101103

RESOLUTION – AUTHORIZING FILLING OF POSITIONS IN DEPARTMENT OF SOCIAL SERVICES

CLARK, ROTHENBERGER, STULIGROSS, ROWINSKI

WHEREAS, on October 21, 2010, 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:

Caseworker, Grade 12 (School-Based Preventive) $29,692 - $35,082 ($1,078) 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 reimbursements as follows: Federal 50%, State 37.5% and Local 12.5% - paid by the school district.

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

RESOLUTION NO. 320-20101103

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

JOHNSON, SCHWERD, MURPHY

RESOLVED, that the following position be and hereby is created in the Solid Waste Department, effective November 4, 2010: Transfer Station Attendant, Grade 1, part-time, $10.3999 - $12.1611 per hour and be it further

RESOLVED, that the funding for this position is included in the 2010 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.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 3,746; Noes: 2,421 – Relic, Clark, Lindberg, Johnson, Schwerd. Adopted.

RESOLUTION NO. 321-20101103

RESOLUTION – AUTHORIZING FILLING OF POSITION AT OTSEGO MANOR

LINDBERG, STAYTON, FOURNIER, STULIGROSS

WHEREAS, on October 21, 2010, the Otsego Manor Committee of this Board approved the filling of a certain position at Otsego Manor, as set forth below; now, therefore, be it

RESOLVED, that the Administrator of Otsego Manor is hereby approved to fill the following vacant funded position, effective immediately:

Social Work Assistant, Grade 12F, $29,692 - $35,082 ($1,078) 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, McCarty. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.

Representative McCarty moved to suspend the Rules and act upon late Resolution Nos. 322 - 325. Seconded, Relic. Total: 6,167; Ayes: 6,167. Motion carried.

RESOLUTION NO. 322-20101103 (original) 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: Board of Reps Contracts 1010-4900-A -400.00 TO: Board of Reps Advertising 1010-4810-A 400.00

FROM: PS Comm Telephone 3020-4100-A -4,000.00 TO: 911 Comm Telephone 3026-4100-A 4,000.00

FROM: PS Comm Lodging, meals 3020-4010-A -30.00 TO: PS Comm Dues/Subscriptions 3020-4650-A 30.00

FROM: Jail Equipment 3150-2000-A -824.14 FROM: Jail Mileage 3150-4005-A -300.00 FROM: Jail Training 3150-4050-A -300.00 FROM: Jail M&S 3150-4500-A -10,000.00 FROM: Jail Other 3150-4800-A -5,000.00 TO: Jail Medical 3150-4895-A 16,424.14

FROM: Mental Health Consultants 4310-4880-A -2,500.00 TO: Mental Health Medical Expense 4310-4895-A 2,500.00

FROM: DSS Foster Care 6119-4735-A -60,000.00 TO: DSS Purchase of Service 6070-4731-A 12,000.00 TO: DSS Juvenile Delinquent 6123-4736-A 48,000.00

D - HIGHWAY FUND FROM: Highway Seal Program 5112-2093-D -25,000.00 TO: Highway Co Equipment Charges 5110-4600-D 25,000.00

E – ENTERPRISE FUND

FROM: Infirmary – Enterprise Personal Service 6020-1000-E -450,000.00 Infirmary – TO: Enterprise Medical Expenses 6020-4895-E 225,000.00 Infirmary – TO: Enterprise Health Assessment 6020-4950-E 225,000.00

FROM: Infirmary – Enterprise Equipment 6020-2000-E -2,000.00 Infirmary – TO: Enterprise Vehicle Repair 6020-4515-E 500.00 Infirmary – TO: Enterprise Fuel 6020-4560-E 1,500.00

2010 Budget Modifications

A – GENERAL FUND

Federal Aid-Social INCREASE: Serv Social Service Admin 0000-4610-A 324,550.00 INCREASE: DSS Personal Service 6010-1000-A 313,550.00 INCREASE: DSS Contracted Expense 6010-4900-A 11,000.00

DM – MACHINERY FUND

Transfer From Co Rd Fd INCREASE: Highway Rentals 0000-2822-DM 25,000.00 INCREASE: Highway Parts 5130-4540-DM 22,000.00 INCREASE: Highway Other 5130-4800-DM 3,000.00

Representative Johnson moved to amend the resolution by adding the following transfers and budget modifications:

2010 TRANSFERS

DEPARTMENT ACCOUNT ACCOUNT AMOUNT NAME CODE

A- GENERAL FUND

Information FROM: Technology IT Equipment/Hardware 1681-2335-A -21,500.00 TO: Contingent Other 1990-4800-A 21,500.00

FROM: Sheriff Equipment 3110-2000-A -4,639.00 FROM: Sheriff Vehicles 3110-2400-A -116.00 FROM: Sheriff Mileage 3110-4005-A -500.00 FROM: Sheriff Training 3110-4050-A -399.00 FROM: Sheriff Postage 3110-4400-A -10,011.00 FROM: Sheriff Materials & Supplies 3110-4500-A -11,000.00 FROM: Sheriff Contracts 3110-4900-A -7,500.00 FROM: Jail Equipment 3150-2000-A -5,300.00 TO: Sheriff Telephone 3110-4100-A 6,665.00 TO: Sheriff Vehicle Expense 3110-4515-A 7,800.00 TO: Sheriff Fuel 3110-4560-A 25,000.00

2010 BUDGET MODIFICATIONS

A – GENERAL FUND

State Aid – Mental INCREASE: Health HEAL NY Grant 0000-3501-A 131,500.00 INCREASE: RIV Monitoring & Eval Personal Service 4311-1000-A 35,000.00 INCREASE: RIV Monitoring & Eval IT Hardware 4311-2335-A 21,500.00 INCREASE: RIV Monitoring & Eval Renovations 4311-4200-A 12,000.00 INCREASE: RIV Monitoring & Eval Materials & Supplies 4311-4500-A 45,000.00 INCREASE: RIV Monitoring & Eval Contracts 4311-4900-A 18,000.00

Seconded, Relic. Total: 6,167; Ayes: 6,167. Motion carried.

RESOLUTION NO. 322-20101103 (amended)

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: Board of Reps Contracts 1010-4900-A -400.00 TO: Board of Reps Advertising 1010-4810-A 400.00

FROM: District Attorney PSOT 1165-4700-A -3,240.00 FROM: District Attorney Expert Witnesses 1165-4712-A -2,000.00 TO: District Attorney Contracts 1165-4900-A 240.00 TO: District Attorney GJ Steno/Transcripts 1165-4716-A 5,000.00 Information FROM: Technology IT Equipment/Hardware 1681-2335-A -21,500.00 TO: Contingent Other 1990-4800-A 21,500.00

FROM: PS Comm Telephone 3020-4100-A -4,000.00 TO: 911 Comm Telephone 3026-4100-A 4,000.00

FROM: PS Comm Lodging, meals 3020-4010-A -30.00 TO: PS Comm Dues/Subscriptions 3020-4650-A 30.00

FROM: Mental Health Consultants 4310-4880-A -2,500.00 TO: Mental Health Medical Expense 4310-4895-A 2,500.00

FROM: DSS Foster Care 6119-4735-A -60,000.00 TO: DSS Purchase of Service 6070-4731-A 12,000.00 TO: DSS Juvenile Delinquent 6123-4736-A 48,000.00

D - HIGHWAY FUND

FROM: Highway Seal Program 5112-2093-D -25,000.00 TO: Highway Co Equipment Charges 5110-4600-D 25,000.00

E – ENTERPRISE FUND

FROM: Infirmary – Enterprise Equipment 6020-2000-E -2,000.00 Infirmary – TO: Enterprise Vehicle Repair 6020-4515-E 500.00 TO: Infirmary – Fuel 6020-4560-E 1,500.00 Enterprise

2010 BUDGET MODIFICATIONS

A – GENERAL FUND

Federal Aid-Social INCREASE: Serv Social Service Admin 0000-4610-A 324,550.00 INCREASE: DSS Personal Service 6010-1000-A 313,550.00 INCREASE: DSS Contracted Expense 6010-4900-A 11,000.00

DM – MACHINERY FUND

Transfer From Co Rd Fd INCREASE: Highway Rentals 0000-2822-DM 25,000.00 INCREASE: Highway Parts 5130-4540-DM 22,000.00 INCREASE: Highway Other 5130-4800-DM 3,000.00

Roll call vote on amended resolution. Total: 6,167; Ayes: 6,167. Adopted as amended.

RESOLUTION NO. 323-20101103

RESOLUTION - ADOPTING OTSEGO COUNTY MUTUAL SELF- INSURANCE (WORKERS’ COMPENSATION) PLAN AS WELL AS PARTICIPANT ALLOCATIONS FOR 2011

JOHNSON, SCHWERD, MURPHY

WHEREAS, the Otsego County Mutual Self-Insurance Plan for workers’ compensation coverage was established by Local Law No. 3 of 1956; and

WHEREAS, annually a budget must be adopted for the following year and the participants’ allocation determined; now, therefore, be it

RESOLVED, that the budget for the Otsego County Mutual Self-Insurance (Workers’ Compensation) Plan and the participants’ allocation for the year 2011 are hereby adopted as follows:

OTSEGO COUNTY MUTUAL SELF-INSURANCE (WORKERS’ COMPENSATION) PLAN BUDGET FISCAL YEAR BEGINNING JANUARY 1, 2011

EXPENDITURES: 2010 2011

1710-1000-S Personal Service 60,076.00 48,851.00

1710-2000-S Equipment 0.00 0.00

1710-4000-S Contractual Expense -4000 Physicals 57,000.00 57,000.00 -4001 Investigative Services 1,000.00 1,000.00 -4005 Mileage 1,000.00 1,000.00 -4010 Lodging, Meals, Tolls, Etc. 0.00 0.00 -4100 Telephone 300.00 300.00 -4300 Xerox 0.00 0.00 -4400 Postage 1,800.00 1,800.00 -4500 Mat. & Supplies 200.00 300.00 -4705 Workers Comp Reimb. 325,000.00 413,276.00 -4800 Other 99,000.00 99,000.00 -4990 Trans. To Reserves 0.00 0.00

Total Contracted Expense 485,300.00 573,676.00

1720-4706-S Workers Comp Payments 1,400,000.00 1,455,405.00 1720-4800-S Other 0.00 0.00 9030-8000-S Social Security 4,987.00 4,055.00

TOTAL EXPENDITURES $1,950,363.00 $2,081,987.00

REVENUES:

0000-2222-S Participants Assessments (1,353,363.00) (1,490,715.00) 0000-2401-S Interest on Deposits (12,000.00) (0.00) 0000-2701-S Ref Prior Years Exp (285,000.00) (285,000.00) 0000-0753-S Contributed Reserves (0.00) (306,272.00) 0000-0909-S Fund Balance (300,000.00) (0.00)

TOTAL REVENUES $1,950,363.00 $2,081,987.00

APPORTIONMENT OF 2011 PARTICIPANT ASSESSMENTS

AMOUNTS PARTICIPANTS PERCENT APPORTIONED

Oneonta City 15.489 230,900.81

Burlington 0.415 6,187.72

Butternuts 0.634 9,459.03

Cherry Valley 0.490 7,307.86 0.251 3,742.50 Decatur

Edmeston 0.516 7,701.38

Exeter 0.318 4,754.20

Hartwick 2.289 34,123.29

Laurens 0.609 9,085.92

Maryland 0.631 9,408.20 0.886 13,208.17 Middlefield

Milford 0.767 11,437.88

Morris 0.629 9,384.72

New Lisbon 0.432 6,442.02

Oneonta 1.772 26,417.29

Otego 0.844 12,593.20

Otsego 2.439 36,362.98

Pittsfield 0.330 4,924.14

Plainfield 0.251 3,753.44

Richfield 0.610 9,094.23

Roseboom 0.413 6,160.95

Springfield 0.715 10,666.26

Unadilla 1.778 26,512.72

Westford 0.912 13,609.12

Worcester 1.294 19,292.62 0.139 2,083.24 Cherry Valley - Village

Cooperstown - Village 3.740 55,767.34

Laurens - Village 0.032 479.03

Milford - Village 0.116 1,730.53

Morris - Village 0.158 2,355.46

Otego - Village 0.578 8,624.31

Richfield Springs - Village 0.421 6,280.95

Unadilla -Village 0.922 13,748.97

Otsego County 58.167 867,114.52 1,490,715.00 TOTALS

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

RESOLUTION NO. 324-20101103

RESOLUTION - IN OPPOSITION TO THE TOTAL MAXIMUM DAILY LOAD (TMDL) PROPOSED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR THE NEW YORK PORTION OF THE CHESAPEAKE BAY WATERSHED

FOURNIER, MCCARTY, POWERS, MURPHY

WHEREAS, New York is a minor contributor of nutrients and sediment to the Chesapeake Bay via the Susquehanna River as determined by the Chesapeake Bay Model 5.3, contributing less than 10%; and

WHEREAS, the quality of water leaving New York via the Susquehanna River is very high when compared to that of other Bay states and has improved, as shown by physical monitoring and numerous Chesapeake Bay model simulations since 1985; and

WHEREAS, the percent reductions in total nitrogen, total phosphorus and total suspended sediment in the TMDL proposed for the New York portion of the Bay’s watershed by the EPA are of the same magnitude as those proposed for the Bay’s major contributors of nutrients and sediment whose contributions have increased since 1985; and

WHEREAS, New York State’s working group, consisting of the New York State Department of Environmental Conservation, New York State Department of Agriculture and Markets, individual Soil and Water Conservation Districts from across the southern tier, the Upper Susquehanna Coalition and Cornell University, has submitted a Watershed Implementation Plan (WIP) that is rooted in science and an understanding of the trends in agriculture, demographics, land-use and climate in New York, and is reasonable, realistic and based on available funds; and

WHEREAS, the EPA rejected the WIP as grossly deficient and proposes such ‘backstop’ measures as a ban on winter spreading of manure, CAFO style regulations for all animal operations, significant expansion of Municipal Separate Storm Sewer System (MS4) regulations to small communities, significant retrofitting of infrastructure for existing MS4 communities and the purchase, installation and maintenance of state- of-the-art technology for municipal Waste Water Treatment Plants; and

WHEREAS, the cost of these proposed ‘back-stop’ measures are to be borne by New York State, local municipalities and individual farmers; and

WHEREAS, the proposed ‘back-stop’ measures do not reflect the inherent difficulty in cleaning clean water, do not reflect an adequate understanding of trends in agriculture, demographics, land-use and climate in New York, call into question the equitable distribution of nutrient reductions across the watershed, threaten the economic well being of the agricultural industry and State and local municipal budgets, and are not accompanied with any reasonable assurance of federal assistance equal to the estimated cost of implementation; and

WHEREAS, the level of implementation desired by the EPA and required by the proposed TMDL will not significantly improve the water quality of the Bay given New York’s small contribution and distance from the Bay; now, therefore, be it

RESOLVED, that the Otsego County Board of Representatives strongly opposes the nutrient and sediment reduction goals for New York described in the current TMDL proposal as unrealistic, unaffordable and inequitable; and be it further

RESOLVED, that this resolution be sent to EPA Administrator Lisa Jackson, EPA Region 3 Administrator Shawn Garvin, EPA Region 2 Administrator Judith Enck and New York State DEC Acting Commissioner Peter Iwanowicz.

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

RESOLUTION NO. 325-20101103

RESOLUTION – AUTHORIZING FILLING OF POSITION UNDER 911 DEPARTMENT (911 COORDINATOR)

RELIC, POWERS, CLARK, ROTHENBERGER

WHEREAS, the Public Safety and Legal Affairs Committee of this Board approved the filling of a certain position under 911, as set forth below; now, therefore, be it

RESOLVED, that the Public Safety and Legal Affairs Committee of this Board is hereby approved to fill the following vacant funded position, effective immediately:

911 Coordinator, at a salary to be determined and be it further

RESOLVED, that the funding for this position is included in the 2010 911 Budget (3026-A) at line 1000 Personal Service.

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

All the general business of the Board having been transacted, the Chairman declared the meeting adjourned until Wednesday, December 1, 2010 at 10:00 a.m.