Regular Session s4
REGULAR SESSION
FIRST DAY
Wednesday, October 2, 2013
The Board Chair called the Board to order, the roll was called and the following Representatives were found to be present:
Frazier, Clark, Murphy, Lindberg, Rosenthal, Kosmer, McCarty, Schwerd, Koutnik, Rothenberger, Rowinski, Stuligross.
Under Privilege of the Floor, Patti Zellmer, Director Cornell Cooperative Extension Schoharie and Otsego Counties 4-H Program, stated that next week is National 4-H Week. She said 4-H makes a difference in our young people's lives and there are approximately 100 volunteers in Otsego County that the program depends on. Ms. Zellmer was accompanied by four youth participants and three volunteer leaders. Each 4-H member and leader spoke about what 4-H means to them and the importance of the program.
Representative Powers arrived at 10:14 a.m.
The minutes of September 4, 2013 were approved.
The following communications were read and ordered filed:
New York State Office of Parks, Recreation and Historic Preservation – Letter stating that the Old Hartwick Village Cemetery property was listed August 20, 2013 on the National Register of Historic Places.
New York State Office of Parks, Recreation and Historic Preservation – Letter stating that the Hartwick Historic District was listed August 20, 2013 on the National Register of Historic Places.
Bryans & Gramuglia CPAs LLC – Otsego Manor audit documents for fiscal year ending 2012.
Ciaschi, Dietershagen, Little, Mickelson & Company, LLP – County of Otsego audit documents for fiscal year ending 2012.
Notice of Verified Petition – Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Joseph McMullen, Clinton B. Burr, Crystal Davidson-Miller, and Laura Schulz against County of Otsego, Otsego County Board of Representatives, Kathleen Clark, as Chair of the Otsego County Board of Representatives, and Otsego County Health Facilities Corporation. Petitioners request an order and judgment granting the following relief: annulling Otsego County board resolution 216-20130501; annulling the incorporation of the Otsego County Health Facilities Corporation; overturning and annulling the illegal lease or sale and lease back of Otsego Manor between the County and Otsego County Health Facilities Corporation; declaring the process adopted through Otsego County resolution 216-20130501 and the lease agreement for effectuating the sale of Otsego Manor property as violation of law; declaring the County delegation of authority as to the decision to sell Otsego Manor property as in violation of statute and the New York State Constitution; in the event that the court determines that there are any questions of fact, an order permitting discovery and disclosure, and conducting a trial of such issues of fact; granting any such other, further, and different relief as this court deems just and proper. No monetary amount of claim stated.
Montgomery-Otsego-Schoharie Solid Waste Management Authority – August 2013 Monthly Financial Information.
The following reports are on file with the Clerk of the Board:
Montgomery-Otsego-Schoharie Solid Waste Management Authority – Monthly Operations Report for August 2013 daily records of Solid Waste Deliveries and itemized Statement of August 2013 Revenues.
Montgomery-Otsego-Schoharie Solid Waste Management Authority – Final 2014 Guaranteed Annual Tonnage Report for the three counties.
Under Special Presentations, Ken Meifert and Jim Miles of the tourism steering committee distributed and discussed components to the proposal for privatizing the County Tourism program, as well as, their proposed budget.
Stephen Peluso, New York State Department of Taxation and Finance, gave an overview of the STAR registration program. Mr. Peluso discussed the new legislation and process requiring all Basic STAR recipients to register with the Tax Department by December 31, 2013 in order to receive the exemption in 2014 and beyond.
The Board Chair declared a break at 11:24 a.m.
The Board reconvened at 11:39 a.m.
The reports of the Standing Committees were given and ordered filed.
Representative Lindberg moved to dispense with the reading of all resolutions. Seconded, Koutnik. Total: 6,227; Ayes: 5,600; Absent: 627 – Koren. Motion carried.
Board Chair Clark asked if any representative wished to remove a resolution(s) from the consent agenda so it can be acted upon separately.
There were no resolutions removed from the consent agenda.
Board Chair Clark called for action on the consent agenda. Representative Lindberg moved to act upon the consent agenda, Resolution Nos. 340 through 352.
RESOLUTION NO. 340-20131002
RESOLUTION – AMENDING RESOLUTION NO. 125-20130306 - AUTHORIZING COMMISSIONER OF SOCIAL SERVICES TO RENEW CONTRACT WITH DISTRICT ATTORNEY FOR WELFARE FRAUD INVESTIGATION AND PART-TIME ADA SERVICES
KOREN, ROTHENBERGER, KOUTNIK
WHEREAS, Resolution No. 125-20130306 authorized the Otsego County Commissioner of Social Services and the Otsego County District Attorney to contract for welfare fraud investigation services through the District Attorney’s Office; the contract provided for one (1) full-time investigator, one (1) part-time investigator, and part-time ADA services at an hourly rate, at a cost not to exceed $104,339 for the period January 1, 2013 through December 31, 2013; and
WHEREAS, Resolution No. 255-20130703 created two (2) part-time Welfare Fraud Investigators and Resolution No. 256-20130703 unfunded one (1) full-time Welfare Fraud Investigator; and
WHEREAS, there is a need to amend Resolution No. 125-20130306 to reflect the changes made by Resolution Nos. 255-2013 and 256-2013 and to modify the original contract to now provide for three (3) part-time Welfare Fraud Investigators; now, therefore, be it
RESOLVED, that Resolution No. 125-20130306 is hereby amended to authorize the Otsego County Commissioner of Social Services to modify the contract with the Otsego County District Attorney to now provide for three (3) part-time Welfare Fraud Investigators; 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 Contracts and is 33% Federal and 5% State reimbursable and 62% Local cost.
RESOLUTION NO. 341-20131002
RESOLUTION – AMENDING RESOLUTION NO. 241-20120801 -
AUTHORIZING COMMISSIONER OF SOCIAL SERVICES TO
RENEW CONTRACT WITH MTS SOFTWARE SOLUTIONS FOR
SYSTEMS SERVICE AND SUPPORT
KOREN, ROTHENBERGER, KOUTNIK
WHEREAS, Resolution No. 241-20120801 authorized the Commissioner of the Department of Social Services, on behalf of the County of Otsego, to enter into a contract with MTS Software Solutions, 225 Executive Drive, Suite 4, Moorestown, New Jersey, 08057 for the purpose of providing ongoing systems service and support for the period of October 1, 2012 through September 30, 2013 at a total cost not to exceed $28,185; and
WHEREAS, there is a need to amend Resolution No. 241-20120801to extend the agreement through December 31, 2013 at a total cost not to exceed $35,231; now therefore, be it
RESOLVED, that the Commissioner of the Department of Social Services is hereby authorized to amend Resolution No. 241-20120801 to extend the agreement with MTS Software Solutions, 225 Executive Drive, Suite 4, Moorestown, New Jersey, 08057 for the purpose of providing ongoing systems service and support through December 31, 2013 at a total cost not to exceed $35,231; and be it further
RESOLVED, that said agreement shall contain such other terms and conditions as are in the best interest of the County; and be it further
RESOLVED, that the funding for this contract is included in the 2013 Social Services Records Management Budget (6011-A) at line 4900 Contracts and consists of 75% federal and state reimbursement and 25% local cost.
RESOLUTION NO. 342-20131002
RESOLUTION – AUTHORIZING COMMISSIONER OF SOCIAL SERVICES TO CONTRACT WITH OPPORTUNITIES FOR OTSEGO, INC. (OFO) FOR A TRANSPORTATION INITIATIVE PROJECT FOR TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) ELIGIBLES
KOREN, ROTHENBERGER, KOUTNIK
WHEREAS, the County has been awarded $65,296 in Federal Transportation Initiative funds; and
WHEREAS, the County desires to utilize a portion of the funds to purchase used vehicles and other transportation related services to support employed TANF eligible individuals who need transportation to increase self-sufficiency; and
WHEREAS, OFO is currently operating a similar program approved by the State called Wheels to Work; and
WHEREAS, the County desires to utilize existing programming to obtain services; now, therefore, be it
RESOLVED, that the Commissioner of Social Services, on behalf of the County of Otsego, is hereby authorized to contract with OFO for the purchase of vehicles and other transportation services as per the NYS approved local plan during the period of January 1, 2013 to December 31, 2013; and that said contract shall include the following terms:
- In no event shall the Department of Social Services’ liability exceed the amount of $63,701; and
- The contract shall contain such other and further conditions as are in the best interest of the County of Otsego County;
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 Contracts and consists of 100% Federal Funds.
RESOLUTION NO. 343-20131002
RESOLUTION - AUTHORIZING PRIVATIZATION OF THE TOURISM PROGRAM AND AUTHORIZING THE CHAIR OF THE BOARD TO EXECUTE AN AGREEMENT WITH A NOT-FOR-PROFIT ORGANIZATION WITH RESPECT TO TOURISM ACTIVITIES
SCHWERD, ROWINSKI, FRAZIER, KOREN
WHEREAS, the Tourism Director has presented the need to privatize the County Tourism Program; and
WHEREAS, in order to provide for the private management of the County tourism program, the County would like to enter into a three (3) year agreement with a not-for-profit organization qualified as such by the Internal Revenue Service and whose Board of Directors would include one member to be appointed by the County to meet the tourism needs of the County; and
WHEREAS, in year 1 of the agreement the County would pay the new organization $402,000, and, as an incentive, in years 2 and 3 the County would pay 29.2% of the collected bed tax and 50% of all dollars over a three year rolling average of bed tax collected which for the years 2010-2012 is $1,377,000; and
WHEREAS, said organization will also receive State matching funds, if any, and the business community membership dues previously paid to the County; and
WHEREAS, the County previously was investing between 33 to 40 per cent of the bed tax collected over the years 2010-2012; and
WHEREAS, the County would continue to fund certain designated programs, including the Otsego County Fair and others as determined by the County; now, therefore, be it
RESOLVED, that the Tourism Program shall be privatized except for certain designated programs as determined by the County; and be it further
RESOLVED, that the Chair of this Board is authorized to enter into a three year contract with a not-for-profit organization qualified as such by the Internal Revenue Service to manage the tourism needs of the County as follows:
Year 1 - $402,000 from the County along with any State matching funds and the business community dues previously paid to the County
Years 2 and 3: 29.2% of the bed tax collected by the County along with 50% of any bed tax collected over a rolling three year average along with any State matching funds and the business community dues previously paid to the County; 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.
RESOLUTION NO. 344-20131002
RESOLUTION – APPROVING FILLING OF POSITION
IN CODE ENFORCEMENT OFFICE
(PART-TIME BUILDING/FIRE INSPECTOR)
POWERS, MCCARTY, ROTHENBERGER, ROSENTHAL
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 Public Safety and Legal Affairs Committee and the Administration Committee of this Board approved the filling of a certain position in the Code Enforcement Office, as set forth below; now, therefore, be it
RESOLVED, that the Acting Code Enforcement Officer is hereby approved to fill the following vacant funded position, effective immediately:
Part-time Building/Fire Inspector, Grade 8, $14.3999 per hour;
and be it further
RESOLVED, that the funding for this position is included in the 2013 Safety Insp – 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.
RESOLUTION NO. 345-20131002
RESOLUTION – AMENDING RESOLUTION NO. 178-2004 – INCREASING DAILY PRIVATE PAY RATE AT THE MEADOWS
STULIGROSS, LINDBERG, KOREN, KOSMER
WHEREAS, Resolution No. 178-2004 increased the skilled nursing facility daily private pay rate at Otsego Manor to $250.00 plus the New York State 6% tax assessment; and
WHEREAS, Otsego Manor is a licensed skilled nursing facility; and
WHEREAS, a daily room and board rate charge is required for care and services; and
WHEREAS, the last increase in daily room and board rate was June 1, 2004 and included the New York State Cash Receipts Assessment Program (NYSCRAP) charge; and
WHEREAS, costs have increased since that time to approximately $350 per day; and
WHEREAS, it is also necessary to streamline the ancillary charge structure, specifically with the separate in-room charges for television and telephone services; and
WHEREAS, it is in the best interests of the County to again increase said daily private pay rate; now, therefore, be it
RESOLVED, that Resolution No. 178-2004 be and hereby is amended, and the following daily private pay rate at Otsego Manor be and hereby is increased as follows, effective as of November 1, 2013:
SKILLED NURSING FACILITY DAILY PRIVATE PAY RATE - $275.00
(includes the New York State 6% tax assessment);
and be it further
RESOLVED, that the daily private pay rate shall include the NYSCRAP charge, television and telephone services as of November 1, 2013.
RESOLUTION NO. 346-20131002
RESOLUTION – PROCLAIMING THE MONTH OF OCTOBER 2013 AS DOMESTIC VIOLENCE AWARENESS MONTH IN OTSEGO COUNTY
KOREN, ROTHENBERGER, KOUTNIK
WHEREAS, domestic violence is a crime that violates each victim’s privacy, dignity, and security due to the systematic use of physical, emotional, sexual, psychological abuse; and
WHEREAS, domestic violence is non-discriminatory and the presence of such behavior affects the entire community of Otsego County; and