REGULAR SESSION
FIRST DAY
Wednesday, August 4, 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, no one wished to speak.
The minutes of July 7, 2010 were approved.
The following communications were read and ordered filed:
David Trevvett, Plainfield Town Supervisor – Letter stating safety concerns aboutCounty Route #18 near the intersection with County Route #19 and requesting a lowering of the speed limit in that area.
Neal McManus, Deputy Code Enforcement Officer – Letter requesting a retroactive salary increase for extra duties performed during the lengthy absence of a Code Enforcement Officer.
The following report is on file with the Clerk of the Board:
NYMIR – Annual Report for 2009
The reports of the Standing Committees were given and ordered filed.
Representative Relic moved to dispense with the reading of all resolutions. Seconded, Fournier. Total: 6,167; Ayes: 6,167. Motion carried.
RESOLUTION NO. 247-20100804
RESOLUTION – AUTHORIZING CHAIRMAN OF THE BOARD
TO EXECUTE AGREEMENT WITH UNITED HEALTH SERVICES
FOR MEDICAL DIRECTOR AND MEDICAL SERVICES
AT THE CHEMICAL DEPENDENCY CLINIC
POWERS, STAYTON, MCCARTY, ROWINSKI
RESOLVED, that the Chairman of this Board is authorized to execute a contract with United Health Services, Binghamton, New York, to provide a medical director and medical services at the Otsego County Chemical Dependency Clinic as follows:
● Services provided from August 5, 2010 through
December 31, 2010, not to exceed 132 hours
at $90.00 per hour, for a total not to exceed
$11,880.00
● Services provided from January 1, 2011 through
December 31, 2011, not to exceed 312 hours
at $90.00 per hour, for a total not to exceed
$28,080.00
Total Contract Amount - $39,960.00
and be it further
RESOLVED, that said agreement 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 funds for this agreement are included in the 2010 Chemical Dependencies Clinic Budget (4250-A) at line 4800 Other and consist of 100% reimbursement from fees, state and federal funds. Funds for 2011 will be included in the proposed budget.
Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 248-20100804
RESOLUTION – AUTHORIZING CHAIRMAN OF THE BOARD
TO EXECUTE AGREEMENT WITH DELAWARECOUNTY TO RECEIVE FUNDS FROM THE HOMELAND SECURITY REGIONAL PARTNERSHIP GRANT FOR HAZARDOUS MATERIAL EQUIPMENT
RELIC, POWERS, CLARK, ROTHENBERGER
WHEREAS, the New York State Office of Homeland Security is awarding Otsego County and its regional partnership (with Delaware County) $73,300.00 under the FY2009 HazMat Grant Program; and
WHEREAS, the funding of this grant is provided by the federal Department of Homeland Security’s State Homeland Security Program (SHSP); and
WHEREAS, the funding must be used to purchase Ahura First Defender, Level A suits, Decon Shower System and other decon-related items and tools, as outlined in the funding application; now, therefore, be it
RESOLVED, that the Chairman of this Board of Representatives is hereby authorized to sign a Regional Partnership Agreement to cement the regional HazMat partnership developed through this grant program; and be it further
RESOLVED, that the Chairman of this Board is further authorized to sign any other agreement(s) or documents which may be necessary to receive these grant funds and to purchase said equipment.
Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 249-20100804
RESOLUTION – AUTHORIZING CHAIRMAN OF
THE BOARD TO CONTRACT WITH THE
NEW YORK STATE DEPARTMENT OF HEALTH
TO RECEIVE GRANT FUNDS FOR IMMUNIZATION
ACTION PLAN
POWERS, STAYTON, MCCARTY, ROWINSKI
RESOLVED, that the Chairman of the Board, on behalf of the Otsego County Department of Health, be and is hereby authorized to execute a grant agreement with the State of New York Department of Health, to receive grant funds in the amount of $31,054.00 for an Immunization Action Plan, for the period April 1, 2010 through March 31, 2011; and be it further
RESOLVED, that said grant agreement shall contain such other terms and provisions as are in the best interest of the County of Otsego.
Seconded, Fournier and Lindberg. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 250-20100804
RESOLUTION – APPROVING THE TRANSFER OF
OWNERSHIP OF ALVORDROADBRIDGE
(BROOKER HOLLOW), BIN 2228320,
TO THE COUNTY OF OTSEGO
MCCARTY, RELIC, LINDBERG, SCHWERD
WHEREAS, Alvord Road Bridge (Brooker Hollow), BIN 2228320, located in the Town of Worcester, connects two portions of Alvord Road, over Canadian-Pacific rail; and
WHEREAS, the bridge, owned by the Town of Worcester, was found to be deficient and in need of replacement; and
WHEREAS, the New York State Department of Transportation, under its Consolidated Local Street and Highway Improvement Plan (CHIPS), is providing the necessary funding to replace the bridge; and
WHEREAS, it is required by the NYSDOT that in order for the County to use CHIPS funding, the County must take ownership of the bridge from the Town of Worcester; now, therefore, be it
RESOLVED, that the transfer of ownership of the Alvord Road Bridge (Brooker Hollow), BIN 2228320, from the Town of Worcester to the County of Otsego is hereby approved; and be it further
RESOLVED, that the Chairman of this Board is authorized to sign any and all documents necessary to transfer title of the subject bridge to the County of Otsego so that CHIPS funding can be utilized to fund this replacement project; said area to be transferred is as follows:
AlvordRoadBridge (Brooker Hollow),
BIN 2228320, and the approaches 70’ to the
east and 60’ to the west (area of construction
containing the wing walls and “T” walls of the
new bridge to be constructed)
and be it further
RESOLVED, that the Chairman of this Board is further authorized to enter into a contract with the Town of Worcester in connection with this transfer, wherein the Town of Worcester agrees to provide snow and ice removal services to the County without compensation for the next three (3) years, effective January 1, 2011, in exchange for the County’s agreement to fund the replacement and assume ownership of the subject bridge, as approved by the Worcester Town Board on June 14, 2010, Resolution No. 66; and be it further
RESOLVED, if the Town of Worcester should fail to provide snow and ice removal services as agreed upon, then the Town shall be held liable for compensation to the County equal to the amount of funding provided by the County of Otsego for this bridge replacement.
Seconded, Fournier. Roll call vote. Total: 6,167; Ayes: 4,420; Noes: 1,747 – Powers, Johnson, McCarty, Schwerd. Adopted.
RESOLUTION NO. 251-20100804
RESOLUTION - AUTHORIZING CHAIRMAN OF THE BOARD
TO CONTRACT FOR PURCHASE OF CERTAIN SERVICES
(BRIDGE CONSTRUCTION/REPLACEMENT,
ALVORD ROAD, BIN 2228320)
MCCARTY, RELIC, LINDBERG, SCHWERD
WHEREAS, bids have been requested and duly received by the Purchasing Agent for a certain bridge construction/replacement as set forth below; and
WHEREAS, the Superintendent of Highways has made a report to the Public Works Committee of this Board, and they have made a recommendation to this Board that the lowest responsible bid be accepted; now, therefore, be it
RESOLVED, that the Chairman of this Board of Representatives be and is hereby authorized to contract with the following firm as set forth below, in accordance with the specifications and bid heretofore received:
PROJECT:Construction/Replacement of Bridge BIN 2228320,
Alvord Road (Brooker Hollow) over Canadian
Pacific Rail, in Town of Worcester, OtsegoCounty,
New York
BIDDER:Tioga Construction Inc.
333 Gros Boulevard
Herkimer, New York 13350
COST:$1,219,122.20
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 funding for this expenditure is included in the 2010 Highway Budget under D5113.2121, D5112.2122, D5110.4500, D5110.4570 and D5112.2093.
Seconded, Fournier. Roll call vote. Total: 6,167: Ayes: 4,810; Noes: 1,357 – Powers, McCarty, Schwerd. Adopted.
RESOLUTION NO. 252-20100804
RESOLUTION – AUTHORIZING CHAIRMAN OF THE
BOARD TO CONTRACT WITH NEW ENGLAND GEOSYSTEMS
FOR GIS SERVICES
SCHWERD, JOHNSON, LINDBERG, ROWINSKI
WHEREAS, Requests for Proposals have been requested and duly received by the Planning Department from qualified consultants to provide GIS services to the County of Otsego; and
WHEREAS, a report has been made to the Intergovernmental Affairs Committee of this Board, and it has made a recommendation to this Board that the proposal of New England GeoSystems be accepted; now, therefore, be it
RESOLVED, that the Chairman of the Board of Representatives be and hereby is authorized to contract with New England GeoSystems, 1200 Boston Post Road, Suite 206, Guilford, Connecticut 06437 for GIS services to assess the County’s GIS inventory, to convert two web applications to ArcServer; and to develop protocols and procedures for maintenance of critical data sets, the CAD workstations and the web applications, including training County staff to be self-sufficient in those protocols and procedures within four (4) months and/or conducting the maintenance of those data sets, workstations and web applications for one year, in the amount of $41,000.00; and be it further
RESOLVED, that this contract shall contain such other and further conditions as deemed in the best interest of the County; and be it further
RESOLVED, that the funding for this contract will be included in the 2010 Planning Budget (8020-A) at line 4900 Contracts.
Seconded, Relic. Roll call vote. Total: 6,167; Ayes: 5,046; Noes: 1,121 – Powers, Fournier. Adopted.
RESOLUTION NO. 253-20100804
RESOLUTION – AUTHORIZING CHAIRMAN OF THE
BOARD TO (1) CONTRACT WITH DIAMOND DREAMS
TO PROVIDE NEW SEASONAL PUBLIC TRANSPORTATION
ROUTE AND (2) AUTHORIZING AMENDED CONTRACT
WITH BIRNIE BUS SERVICE, INC. TO PROVIDE SAID ROUTE
SCHWERD, JOHNSON, LINDBERG, ROWINSKI
WHEREAS, a contract exists between the County of Otsego and Birnie Bus Service, Inc. for a fixed route and non-emergency Medicaid transportation service beginning November 1, 2007, for a term of five (5) years and two (2) months, as authorized by Resolution No. 292-2007; and
WHEREAS, the County agrees to provide a new seasonal route beginning July 9, 2010 and continuing until August 26, 2010, serving the Village of Richfield Springs, the Town of Richfield, the Town of Springfield and the general Cooperstown area providing transportation to clientele of Diamond Dreams and the general public with “on-demand” and public fixed route service; and
WHEREAS, Diamond Dreams agrees to pay for said services at a rate of $1,000.00 per week to underwrite the seasonal route and to reimburse the County fare box revenue at the rate of $1.00 per ride for each player and coach registered with Diamond Dreams; and
WHEREAS, it is in the County’s best interests to provide this new seasonal route and to amend its contract with Birnie Bus Service, Inc. to provide “extra service” for the seasonal route; now, therefore, be it
RESOLVED, that the Chairman of this Board is authorized to enter into an agreement with Diamond Dreams, 4591 U.S. Highway 20, Cooperstown, New York 13326, to provide a new seasonal route, serving Richfield Springs, East Springfield and Cooperstown in order to accommodate clientele associated with Diamond Dreams, as well as the general public, beginning July 9, 2010 and continuing until August 26, 2010; payment to be as follows:
● $1,000.00 per week shall be made by Diamond Dreams to
the County in two (2) installments – the first to be made no
later than August 7, 2010 in exchange for services rendered
in the month of July 2010; and the second no later than
August 31, 2010 in exchange for services rendered in the
month of August 2010.
● Diamond Dreams shall pay to Birnie Bus Services, Inc.
$1 per ride for each registered player and coach
utilizing the transportation service;
and be it further
RESOLVED, that the Chairman of this Board is authorized to enter into an amended agreement with Birnie Bus Service, Inc. for the “extra service” which is the Richfield Springs – Cooperstown seasonal route as described above, at a cost to the County of $42.40 per hour, beginning July 9, 2010 through August 26, 2010; Birnie Bus Service, Inc. agreeing to document the riders identified by Diamond Dreams and to credit Otsego County $1 per ride for each identified Diamond Dreams rider; and be it further
RESOLVED, that said contracts shall include other terms and conditions as are in the best interest of the County of Otsego; and be it further
RESOLVED, that the funds are included in the 2010 Public Transportation Budget (5630-A) at line 4900 Contracts.
Seconded, Fournier. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 254-20100804
RESOLUTION - APPROVING EIGHT YEAR EXTENSION OF
CONSOLIDATED AGRICULTURAL DISTRICT NO. 7 WITHOUT MODIFICATION AND RENAMING IT CONSOLIDATED AGRICULTURAL DISTRICT NO. 1
SCHWERD, JOHNSON, LINDBERG, ROWINSKI
WHEREAS, Consolidated Agricultural District No. 7 located in the Towns of Richfield, Plainfield, Exeter, Edmeston and Burlington was created on August 19, 1984; and
WHEREAS, pursuant to Section 303(a) of the Agriculture and Markets Law, this Board has reviewed Consolidated Agricultural District No. 7; and
WHEREAS, during the review process, the Agricultural and Farmland Protection Board recommended that Agricultural District No. 7 be continued for another eight year term without modification; and
WHEREAS, there are no apparent adverse environmental impacts associated with the proposed continuation of such district without modification and no opposition was heard at the public hearing held on August 4, 2010; and
WHEREAS, the County has completed the Agricultural District Consolidation Plan that reduced the number of districts from thirteen to five, and as of December 2009, the remaining five districts were numbered 2, 3, 6, 7 and 8; and
WHEREAS, the County shall rename this district Consolidated Agricultural District No. 1; now, therefore, be it
RESOLVED, that Consolidated Agricultural District No. 7, located in the Towns of Richfield, Plainfield, Exeter, Edmeston and Burlington is hereby approved and continued, without modification, for another eight (8) year term; and be it further
RESOLVED, that this District shall be renamed Consolidated Agricultural District No. 1.
Seconded, McCarty. Roll call vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 255-20100804
RESOLUTION - APPOINTING DIRECTOR OF SOIL AND WATER CONSERVATION DISTRICT
FOURNIER, MCCARTY, POWERS, MURPHY
RESOLVED, that pursuant to Section 6 of the Soil and Water Conservation District Law, the following person be and hereby is appointed Director of the Soil and Water Conservation District of the County to serve for the term and in the capacity indicated:
LAWRENCE H. ROSEBOOM
Farm Bureau Representative
2269 County Highway 34
Westford, New York 13488
Term expiring December 31, 2011
(Replacing Dean Utter)
Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 256-20100804
RESOLUTION – APPROVING APPOINTMENT OF MEMBER TO THE WORKFORCE INVESTMENT BOARD FOR CHENANGO, DELAWAREANDOTSEGOCOUNTIES
POWERS, STAYTON, MCCARTY, ROWINSKI
RESOLVED, that the following appointment be and is hereby approved for the Chenango, Delaware, Otsego Workforce Investment Board:
PETER LIVSHIN (Education Rep)
Superintendent
MilfordSchool District
42 West Main Street
Milford, New York13807
Term expiring June 30, 2011
(Replacing Michael Shea)
Seconded, Lindberg. Oral vote. Total: 6,167; Ayes: 6,167. Adopted.
RESOLUTION NO. 257-20100804
RESOLUTION - APPROVING THE ISSUANCE OF CERTAIN OBLIGATIONS BY OTSEGO COUNTY CAPITAL RESOURCE CORPORATION TO FINANCE A CERTAIN PROJECT FOR SPRINGBROOK NY, INC.
JOHNSON, SCHWERD, MURPHY
BE IT ENACTED by the Board of Representatives of County of Otsego, New York, as follows:
WHEREAS, Otsego County Capital Resource Corporation (the “Issuer”) is authorized and empowered by the provisions of Section 1411 of the New York State Not-For-Profit Corporation Law (the “NFPCL”) to take steps to relieve and reduce unemployment, promote and provide for additional and maximum employment, better maintain job opportunities, instruct or train individuals to improve or develop their capabilities for such jobs, carry on scientific research for the purpose of aiding a community or geographical area by attracting new industry to the community or area or by encouraging the development of, or retention of, an industry in the community or area, lessening the burdens of government and acting in the public interest; and
WHEREAS, to accomplish its stated purposes, the Issuer is authorized and empowered under the NFPCL and its certificate of incorporation (the “Certificate”) to issue its revenue bonds to finance the cost of the acquisition, construction, reconstruction and installation of one or more “projects” (as described in the NFPCL and the Certificate), to acquire, construct, reconstruct and install said projects or to cause said projects to be acquired, constructed, reconstructed and installed, and to convey said projects or to lease said projects with the obligation to purchase; and
WHEREAS, Springbrook NY, Inc., a New York not-for-profit corporation (the “Institution”), submitted an application (the “Application”) to the Issuer, a copy of which Application is on file at the office of the Issuer, which Application requested that the Issuer consider undertaking a project (the “Project”) for the benefit of the Institution, said Project consisting of the following: (A) (1) the acquisition of an interest in a parcel of land comprising a portion of an approximately 120 acre parcel located at 2705 State Highway 28 in the Town of Milford, Otsego County, New York (the “Land”), together with the existing building located thereon containing approximately 55,000 square feet of space (the “Existing Facility”), (2) the reconstruction and renovation of the Existing Facility, (3) the construction of an addition to the Existing Facility containing approximately 15,000 square feet of space (the “Addition”), (4) the further construction on the Land of eight buildings containing in the aggregate approximately 48,200 square feet of space (collectively, the “New Facility”) (the Existing Facility, the Addition and the New Facility being sometimes hereinafter collectively referred to as the “Facility”), (5) the acquisition and installation of various machinery and equipment therein and thereon (the “Equipment”) (the Land, the Facility and the Equipment hereinafter collectively referred to as the “Project Facility”), all of the foregoing to constitute the expansion of a facility for the provision of educational and clinical services for children and adults diagnosed with mental retardation and/or developmental disabilities and related activities and (6) the refinancing of certain debt previously incurred by the Institution to provide financing for previously completed projects, including but not limited to improvements to academic, administrative and residential facilities; (B)the financing of all or a portion of the costs of the foregoing by the issuance of revenue bonds of the Issuer in one or more issues or series in an aggregate principal amount sufficient to pay the cost of undertaking the Project, together with necessary incidental costs in connection therewith, in an amount not to exceed $30,000,000 (the “Obligations”); (C)paying a portion of the costs incidental to the issuance of the Obligations, including issuance costs of the Obligations and any reserve funds as may be necessary to secure the Obligations; (D)the granting of certain other “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain real estate transfer taxes and mortgage recording taxes (collectively with the Obligations, the “Financial Assistance”); and (E)the lease (with an obligation to purchase) or sale of the Project Facility to the Institution or such other person as may be designated by the Institution and agreed upon by the Issuer; and