REGULAR SESSION
SECOND DAY
Thursday, October 24, 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, Koren, Rosenthal, Kosmer, McCarty, Schwerd, Koutnik, Rothenberger, Rowinski, Stuligross.
Under Privilege of the Floor, no one wished to be heard.
The following communications were read and ordered filed:
Montgomery-Otsego-Schoharie Solid Waste Management Authority – Board Minutes of August 15, 2013.
Montgomery-Otsego-Schoharie Solid Waste Management Authority – September 2013 Monthly Financial Information.
Otsego County Soil & Water Conservation District draft Board Minutes of September 20, 2013.
The following reports are on file with the Clerk of the Board:
Montgomery-Otsego-Schoharie Solid Waste Management Authority – Monthly Operations Report for September 2013 daily records of Solid Waste Deliveries and itemized Statement of September 2013 Revenues.
Representative Koutnik moved to dispense with the reading of all resolutions. Seconded, Rowinski. Total: 6,227; Ayes: 5,693; Absent: 534 - Lindberg. 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.
Board Chair Clark removed Resolution No. 356.
Board Chair Clark moved to act upon the consent agenda, Resolution Nos. 354, 355, 357, 358, 359.
RESOLUTION NO. 354-20131024
RESOLUTION – APPROVING EXECUTION OF CONTRACT
BETWEEN OTSEGO COUNTY AND OTSEGO RURAL HOUSING
ASSISTANCE INC., TO ASSIST WITH THE COUNTY-WIDE
MOBILE HOME ASSISTANCE PROGRAM
SCHWERD, ROWINSKI, FRAZIER, KOREN
WHEREAS, Otsego County, as Grantee, was awarded a County-Wide Mobile Home Rehabilitation Grant in the amount of $334,583 as part of the Mohawk Valley's Regional Economic Development Council's initiative as sponsored through the New York State Office of Housing and Community Renewal (HCR) and federally funded through the Community Development Block Grant (CDBG) grant number #868/-CRF-HR 38-13, (the “Grant”); and
WHEREAS, Resolution No. 150-20130403 authorized the County to enter into a contract with the New York State Office of Housing and Community Renewal; and
WHEREAS, Otsego Rural Housing Assistance (ORHA) has expressed a willingness to assist with grant administration, outreach, coordination and procurement of contract work necessary to implement the rehabilitation work to qualified projects, and other services with the County (Grantee), consistent with the terms of the grant application; and
WHEREAS, the County is interested in contracting with ORHA for an amount not to exceed $40,236 to provide the required services for project implementation; and
WHEREAS, it appears to be in the best interests of Otsego County to contract with ORHA to provide the necessary expertise regarding mobile home improvements; now, therefore, be it
RESOLVED, that the Chair of the Board of Representatives and the Executive Director of the Otsego Rural Housing Association, are authorized to execute a subrecipient agreement with the County of Otsego, for a term to commence upon the signing of the State Contract between the County and HCR and will end on June 18th 2015; and be it further
RESOLVED, that said contract shall contain such terms and provisions as are in the best interests of the County of Otsego and are complying with all federal, state and local statutes, rules and regulations; and be it further
RESOLVED, that the funds for this contract are included in the 2013 Planning Budget (8020-A) at line 4900 Contracts and consist of 100% Federal Funds.
RESOLUTION NO. 355-20131024
RESOLUTION – APPROVING EXECUTION OF CONTRACT
BETWEEN OTSEGO COUNTY, OTSEGO COUNTY SOIL
AND WATER CONSERVATION DISTRICT (OCSWCD),
CENTER FOR AGRICULTURE DEVELOPMENT AND
ENTREPRENEURSHIP (CADE) AND OTSEGO LAND
TRUST (OLT), TO ASSIST WITH THE UPDATE OF THE COUNTY
FARMLAND PROTECTION PLAN
ROWINSKI, POWERS, MCCARTY, KOSMER
WHEREAS, the County received an award from the NYS Department of Agriculture and Markets in the sum of $27,650, contract #T800780, to assist with the update to the County's Agricultural Farmland Protection Plan and a second grant in the amount of $20,000 from the Scriven Foundation to the Otsego County Soil and Water Conservation District (OCSWCD); and
WHEREAS, OCSWCD, CADE and OLT have expressed a willingness to provide grant administration, facilitation, interviews, surveys and other services necessary to assist the County with the Farmland Protection Plan update; and
WHEREAS, the County is interested in contracting with OCSWCD, CADE and OLT for an amount not to exceed $27,650 ($18,900 – OCSWCD; $3,875 – CADE; and $4,875 – OLT) to provide grant administration and facilitating meetings, interviews, surveys and other services necessary to the project implementation; and
WHEREAS, it appears to be in the best interests of Otsego County to contract with OCSWCD, CADE and OLT to provide the necessary expertise in the field of agriculture to complete the update to the County's Agriculture and Farmland Protection Plan; now, therefore, be it
RESOLVED, that the Chair of the Board of Representatives and the District Manager for the Otsego County Soil and Water Conservation District, and Executive Director for CADE and OLT, are authorized to execute a subrecipient agreement with the County of Otsego, for the term of the contract award, and any extensions thereof, beginning September 21, 2012 through August 31, 2014, and any subsequent extensions received from the NYS Department of Agriculture and Markets; and be it further
RESOLVED, that said contract shall contain such terms and provisions as are in the best interests of the County of Otsego and are complying with all federal, state and local statutes, rules and regulations; and be it further
RESOLVED, that the funds for this contract are included in the 2013 Planning Budget (8020-A) at line 4901 Farmland Protection IMP Grant and consist of 100% State Funds.
RESOLUTION NO. 357-20131024
RESOLUTION – CREATING A POSITION AT OTSEGO MANOR
(CERTIFIED NURSING ASSISTANT)
MURPHY, POWERS, STULIGROSS, SCHWERD, FRAZIER
RESOLVED, that the following position is created at Otsego Manor, effective immediately:
Certified Nursing Assistant, Grade 08J, $28,066 - $32,931 ($973)
and be it further
RESOLVED, that the funding for this position is coming from the unfunded full time Physical Therapy Aide and is included in the 2013Infirmary Enterprise Budget (6020-E) at line 1000 Personal Service with reimbursement rates as follows: 50% federal, 40% state and 10% local cost; 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 NO. 358-20131024
RESOLUTION – UNFUNDING A CERTAIN POSITION
AT OTSEGO MANOR
STULIGROSS, LINDBERG, KOREN, KOSMER
WHEREAS, a certain position at Otsego Manor 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 at the Otsego Manor be unfunded:
Physical Therapy Aide, Grade 08U, $28,066 - $32,931 ($973)
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 NO. 359-20131024
RESOLUTION - ADOPTING OTSEGO COUNTY
ALL HAZARD MITIGATION PLAN
ROWINSKI, POWERS, MCCARTY, KOSMER
WHEREAS, the County of Otsego, with assistance from the Otsego County Planning Department, has gathered information and prepared the Otsego County All Hazard Mitigation Plan 5-Year Update, approved by FEMA on September 19, 2013; and
WHEREAS, the Otsego County All Hazard Mitigation Plan 5-Year Update has been prepared in accordance with the Disaster Mitigation Act of 2000 and 44 CFR Part 201; and
WHEREAS, the County of Otsego is a local unit of government that has afforded the citizens an opportunity to comment and provide input in the Plan and the actions of the Plan; and
WHEREAS, the County of Otsego has reviewed the Plan and affirms that the Plan will be updated no less than every five years; now, therefore, be it
RESOLVED, that the County of Otsego adopts the Otsego County All Hazard Mitigation Plan 5-Year Update, approved by FEMA on September 19, 2013 as this jurisdiction’s Natural Hazard Mitigation Plan and resolves to execute the actions in the Plan.
Seconded, Frazier. Roll call vote on consent agenda. Total: 6,227; Ayes: 5,693; Absent: 534 - Lindberg. Adopted.
RESOLUTION NO. 356-20131024
RESOLUTION – AUTHORIZING HOME RULE REQUESTS
FOR DISSOLUTION OF MONTGOMERY, OTSEGO, SCHOHARIE
SOLID WASTE MANAGMENT AUTHORITY (MOSA) AND
DISTRIBUTION OF MOSA'S ASSETS TO MEMBER COUNTIES
ROWINSKI, POWERS, MCCARTY, KOSMER
WHEREAS, the Montgomery, Otsego, Schoharie Solid Waste Management Authority (MOSA) was established in 1987 as a public benefit corporation pursuant to Title 13-AA of the Public Authorities Law to manage the disposal of solid waste for the counties of Montgomery, Otsego and Schoharie; and
WHEREAS, following its establishment, MOSA, pursuant to a Service Agreement by and between MOSA and the counties of Montgomery, Otsego and Schoharie (the Member Counties), has provided solid waste management services to the Member Counties, and has constructed and acquired certain solid waste management facilities, together with other assets and liabilities, including but not limited to certain landfills no longer used for solid waste management, which it has managed pursuant to a certain Post Closure Agreement by and between MOSA and the Member Counties; and
WHEREAS, MOSA has defeased all bonded indebtedness incurred for the purposes of fulfilling its obligations under its authorizing legislation and the Service Agreement; and
WHEREAS, the Service Agreement by and between MOSA and the Member Counties will expire of its own terms on April 30, 2014; and
WHEREAS, upon the expiration of the Service Agreement, the Member Counties will no longer be required to direct the solid waste generated within their respective jurisdictions to MOSA or MOSA facilities, or to provide financial support to MOSA for its activities; and
WHEREAS, the County of Otsego has determined that upon the expiration of the Service Agreement, it will be in the public interest for the county government to be the planning unit for the county, within the meaning of the Environmental Conservation Law, and to assume the responsibilities of providing solid waste services to the public; and
WHEREAS, the purpose of MOSA will be fulfilled and concluded upon the expiration of the Service Agreement, at which time MOSA should be dissolved and the assets and liabilities of MOSA should be equitably distributed among the Member Counties to prevent waste and to assist the counties in assuming their individual responsibilities for solid waste management or other services; and
WHEREAS, an act of the Legislature of the State of New York being necessary to effect the orderly dissolution of MOSA and the distribution of its assets and liabilities, and a draft bill to accomplish these objectives having been prepared and annexed hereto; now, therefore, be it
RESOLVED, that this Board of Representatives does hereby authorize and direct the Chair to submit a certified copy of this resolution, together with the annexed draft bill, as a Home Rule Request to the Legislature of the State of New York for the adoption of special legislation to effectuate the dissolution of MOSA and to provide for the orderly windup of MOSA's affairs, including transfer of the title of the transfer stations, landfills and other assets and liabilities of MOSA to the Member Counties; and be it further
RESOLVED, that the Chair of this Board is hereby authorized to execute any documents that may be necessary to submit this Home Rule Request in accordance with the rules of the Assembly and Senate of the State of New York.
Amendment to Title 13-aa of the Public Authorities Law Providing for the Dissolution of the Montgomery, Otsego, Schoharie Solid Waste Management Authority
AN ACT to amend Title 13-aa of the Public Authorities Law, to provide for the dissolution of the Montgomery, Otsego, Schoharie Solid Waste Management Authority, and to distribute the assets and liabilities of the authority to its member counties.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
§ 1. Subdivision 2 of section 2041–a of the public authorities law, as added by chapter 747 of the laws of 1987, as amended by chapter 7 of the laws of 2012, is amended to read as follows:
< NY PUB AUTH § 2041–a >
2. “Authority” shall mean the public benefit corporation created by section two thousand forty-one-b of this title, known as the Montgomery, Otsego, Schoharie solid waste management authority. If and at such time that Otsego county terminates its membership in the authority pursuant to section two thousand forty-one-w of this title, the “authority” shall be known as the Montgomery–Schoharie solid waste management authority and Otsego county would no longer be considered one of the “participating counties” for the purposes of this title.
2a. “Authorities Budget Office” shall mean that independent entity within the department of state established pursuant to chapter 506 of the Laws of 2009.
§ 2. Section 2041–b of the public authorities law is amended by adding a new subdivision 6 to read as follows: by repealing subdivision 6, added in Chapter 7 of the Laws of 2012.
6. If and at such time that Otsego county terminates its membership in the authority pursuant to section two thousand forty-one-w of this title, the membership of the board specified in subdivision one of this section shall consist of no more than six members, who shall be appointed as follows: three members from the county of Montgomery to be appointed by the chairman of the board of supervisors and confirmed by the board of supervisors of such county all of whom shall be residents of the county and at least one of whom shall be a resident of the city of Amsterdam; three members from the county of Schoharie all of whom shall be residents of the county and who shall be appointed by the chairman of the board of supervisors and confirmed by the board of supervisors of such county.
§ 3. Section 2041–w of the public authorities law, as added and amended by a chapters of the laws of 2011 and 2012, amending the public authorities law relating to the Montgomery, Otsego, Schoharie county solid waste management authority, as proposed in legislative bills numbers S. 4555–A and A. 7212, is amended to read as follows:
< NY PUB AUTH § 2041–w >
§ 2041–w. Withdrawal of Otsego county Dissolution
- Notwithstanding any provision of law to the contrary, Otsego county is hereby authorized to terminate its membership in the Montgomery, Otsego, Schoharie county solid waste management authority shall be dissolved on a date established by resolution adopted upon a vote of a majority of the Board of Directors of said authority. In any such resolution, the date of dissolution shall not occur prior to the termination of the “Service Agreement” dated as of May 1, 1989, as amended by amendment No 1 dated as of May 1, 2010, by and between the counties of Montgomery, Otsego and Schoharie and the authority, nor later than October 1, 2014. existing or hereafter-entered superseding agreements between the authority, and the counties of Montgomery, Otsego, and Schoharie Upon the adoption of such resolution, the Board of Directors shall make provision for the winding up of the business and affairs of the authority, and shall distribute the assets and liabilities of the authority to the member counties as of a transfer date or dates established by the authority, which shall be on or prior to the date of dissolution, all in accordance with subsections 2 and 3 hereof.
Such termination shall be; provided, however, that Otsego county shall fulfill its obligations and responsibilities, and terminate such membership, as may be required by and consistent with existing or hereafter-entered superseding agreements between the authority, and the counties of Montgomery, Otsego, and Schoharie, and become effective upon approval of a resolution by a majority of the duly constituted membership of the Otsego county board of representatives, filed with the authority and the legislative board clerks of the component counties.
2.In distribution of the assets and liabilities of the authority to the member counties, the following transactions shall occur:
(a) The authority shall convey, and the counties of Montgomery, Otsego countyand Schoharie,respectively, shall execute a plan for Otsego county’s assumption of itsproportional and equitable share of the authority’s assets and liabilities accept, all of the authority’s right title and interest in the real property, structures and improvements constituting the transfer stations owned by the authority, including but not limited to any and all permits and licenses attendant thereto, according to the following distribution, without regard to appraised value and without other consideration except as set forth below: i) to the County of Montgomery, the transfer stations known as the Western transfer station located at 4583 Route 5S in Sprakers, NY and the Amsterdam transfer station located at 1247 Route 5S in Amsterdam, NY; ii) to the county of Otsego, the transfer stations known as the Northern transfer station located at 5802 State Highway 28in Cooperstown N.Y., and the Oneonta transfer station located at 75 Silas Lane in Oneonta, NY; and iii) to the county of Schoharie the transfer station known as the Schoharie transfer station located at 2805 Route 7 in Cobleskill, N.Y. together with the balance of the real property owned by the authority at such location, including but not limited to the administrative office building of the authority located adjacent to said transfer station.
(b) Concurrently with the conveyance of title to the real property and improvements described in paragraph (a), the authority shall convey, and the counties of Montgomery, Otsego and Schoharie, respectively, shall accept, with respect to each such transfer station, all of the authority’s right title and interest in the moveable fixtures and equipment located at, and attendant to, the operation of such transfer stations. The inventory of moveable fixtures and equipment prepared by the authority as of ______, 2013 and on file with the clerk of each county, unless otherwise agreed by the counties, shall be the basis for such transfers, subject to ordinary use by the authority prior to the transfer date. On the written request of any of the counties, made not later than fifteen (15) days after the first of the conveyances described in paragraph (a), the Authorities Budget Office shall designate a mediator and/or an appraiser to examine the distribution of moveable fixtures and equipment at each of the transfer stations, which mediator or appraiser shall be authorized to order a more equitable distribution of such moveable fixtures and equipment, to ensure that each such transfer station is functionally capable of continuing operations after the authority ceases provision of solid waste services. Any such order issued by such mediator or appraiser shall be final and binding on each of the counties.