REGULAR SESSION

FIRST DAY

Wednesday, January 02, 2013

The Otsego County Board of Representatives met for its organizational meeting on Wednesday, January 2, 2013, at the Representatives’ Chambers, Otsego County Office Building in the Village of Cooperstown, New York.

The Clerk of the Board, Carol D. McGovern, called the meeting to order.

The roll was called and the following Representatives were found to be present:

OTSEGO COUNTY BOARD OF REPRESENTATIVES – 2013

DISTRICT NAME ADDRESS

No. 1 Edwin Frazier, Jr. 16 Prospect Street

Unadilla, NY 13849

No. 2 James P. Powers 719 Co. Hwy. 18

South New Berlin, NY 13843

No. 3 Kathleen Clark 121 Circle Drive

Otego, NY 13825

No. 4 Richard A. Murphy 35 Ceperley Avenue

Oneonta, NY 13820

No. 5 Pauline Koren 17 Division Street Ext.

Milford, NY 13807

No. 6 Donald L. Lindberg PO Box 391

Worcester, NY 12197-0391

No. 7 Beth S. Rosenthal 500 Co. Hwy. 50

Cherry Valley, NY 13320

No. 8 John Kosmer 179 Day Road

Fly Creek, NY 13337

No. 9 Keith O. McCarty 5503 US Hwy. 20

East Springfield, NY 13333

No. 10 Betty Anne Schwerd 806 Betty Annes Road

Hartwick, NY 13348

No. 11 Gary R. Koutnik 105 Center Street

Oneonta, NY 13820

No. 12 Catherine M. Rothenberger 17 Linden Avenue

Oneonta, NY 13820-1409

No. 13 Linda Rowinski 1 Scrambling Avenue

Oneonta, NY 13820

No. 14 Katherine Stuligross 10 Walnut Street

Oneonta, NY 13820

Clerk of the Board Carol McGovern asked for nominations for Temporary Chair. Representative Murphy nominated Representative Stuligross for Temporary Chair. Representative Koutnik seconded the nomination. There were no other nominations. Oral vote. Total: 6,167; Ayes: 6,167. The Clerk of the Board declared Representative Stuligross the Temporary Chair. Representative Stuligross immediately assumed the duties of the office.

Temporary Chair Stuligross asked for nominations for permanent Chair. Representative Murphy nominated Representative Clark for permanent Chair. Representatives Rowinski seconded the nomination. There were no other nominations. Oral vote. Total: 6,167; Ayes: 6,167. Temporary Chair Stuligross declared Representative Clark the Chair of the Board for 2013. Representative Clark immediately assumed the position of Chair.

Chair Clark asked for nominations for Vice Chairman. Representative Rowinski nominated Representative Murphy for Vice Chairman. Seconded, Koutnik. Representative Schwerd nominated Representative Koren for Vice Chairman. Seconded, McCarty. There were no other nominations. Roll call vote for Representative Murphy. Total: 6,167; Ayes: 3,170 – Murphy, Lindberg, Rosenthal, Kosmer, Koutnik, Rothenberger, Rowinski, Stuligross; Noes: 2,997 – Frazier, Powers, Clark, Koren, McCarty, Schwerd. Vote carried. No further action taken on nomination for Representative Koren. Chair Clark declared Representative Murphy the Vice Chairman for 2013.

Under Privilege of the Floor, Ed Dawyot of New Lisbon addressed concerns he has relating to snow plowing of roads as a duplication of service by the County and Towns. He further commented on the amount of salt used by the County on roads as detrimental to the environment and costly to vehicle maintenance.

Brenda Berstler, business owner of Savor New York in Cooperstown, distributed her newly published catalog promoting New York products. She thanked the Board, Senator Seward and Economic Developer Carolyn Lewis for their support.

Representative Rowinski said that she would like the Board to work together and make decisions independent of party affiliation.

The minutes of December 17, 2012 were approved.

The following communications were read and ordered filed:

Montgomery-Otsego-Schoharie Solid Waste Management Authority Board Meeting Minutes of October 18, 2012.

Town of New Lisbon, Charlene Wells, Town Clerk – Letter stating that at their monthly meeting, December 11, 2012, the Town Board received comments from the public concerning the elimination of the Office for the Aging job. The Town Board wanted to pass along that town residents felt that David Polley is a valuable County employee and has served the residents in the Town of New Lisbon well.

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

Montgomery-Otsego-Schoharie Solid Waste Management Authority – November 2012 financials.

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

The Board Chair declared a break.

The Board reconvened.

Representative Lindberg moved to dispense with the reading of all resolutions. Seconded, Koutnik. Total: 6,167; Ayes: 5,779; Absent: 388 – Stuligross. Motion carried.

RESOLUTION NO. 1-20130102

RESOLUTION - AUTHORIZING CHAIR TO EXECUTE CONTRACT WITH REGISTERED NURSE FOR SERVICES AT THE CHEMICAL DEPENDENCIES CLINIC

LINDBERG, KOUTNIK, ROSENTHAL

WHEREAS, there is a need for the services of a Registered Nurse at the Otsego County Chemical Dependencies Clinic; and

WHEREAS, Christine Mitchell, RN, has expressed a willingness to provide these services approximately every week to said clinic; now, therefore, be it

RESOLVED, that the Chair of this Board be and hereby is authorized to execute a contract with Christine Mitchell, RN, 473 Evening Inn Road, Oneonta, New York 13820, for services to the Otsego County Chemical Dependencies Clinic; said services to include medical and drug monitoring and state-required health assessments, commencing January 1, 2013 and terminating December 31, 2013, at the rate of $39.00 per hour, for 650 hours, not to exceed $25,350 during the term of the contract; and be it further

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

RESOLVED, that the funds for this contract are included in the 2013 Alcoholism Budget (4250-A) at line 4880 Consultants and consist of 100% reimbursement from fees, state and federal funds.

Seconded, Powers. Roll call vote. Total: 6,167; Ayes: 5,779; Absent: 388 – Stuligross. Adopted.

RESOLUTION NO. 2-20130102

RESOLUTION - AUTHORIZING CHAIR TO EXECUTE CONTRACT FOR RECOVERY SUPPORT SERVICES FOR THE CHEMICAL DEPENDENCIES CLINIC

LINDBERG, KOUTNIK, ROSENTHAL

WHEREAS, there is a need for recovery support services at the Otsego County Chemical Dependencies Clinic; and

WHEREAS, Friends of Recovery of Delaware and Otsego (FOR-DO), 22 Elm Street, Oneonta, New York 13820 has agreed to provide such services as set forth below; now, therefore, be it

RESOLVED, that contingent upon Otsego County’s receipt of funding from New York State, the Chair of this Board be and hereby is authorized to execute a contract with FOR-DO for recovery support services for the Chemical Dependencies Clinic, commencing January 1, 2013 through December 31, 2013, not to exceed $151,500 for the term of the contract; and be it further

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

RESOLVED, that the funds for this contract are included in the 2013 Turning Point Budget (4327-A) at line 4800 and consist of 100% reimbursement from state funds.

Seconded, Rowinski. Roll call vote. Total: 6,167; Ayes: 5,779; Absent: 388 – Stuligross. Adopted.

RESOLUTION NO. 3-20130102

RESOLUTION - APPROVING EXECUTION OF CONTRACT FOR THE PROVISION OF ALCOHOLISM SERVICES IN OTSEGO COUNTY

LINDBERG, KOUTNIK, ROSENTHAL

WHEREAS, funds are available through the New York State Office of Alcoholism and Substance Abuse Services to Otsego County for purposes of providing educational services, information and referral services for residents of Otsego County suffering from the diseases of alcoholism and other addictions; and

WHEREAS, in addition, Task Force on Integrated Projects (TFIP) 100% funds are available under the auspices of the New York State Office of Alcoholism and Substance Abuse Services; these TFIP funds will be administered under the Division of Alcoholism and Alcohol Abuse (DAAA); and

WHEREAS, the amount of the funding for the Information and Referral Services and the Task Force on Integrated Projects totals $392,304; and

WHEREAS, the Leatherstocking Education on Alcoholism/Addictions Foundation, Inc. (LEAF, Inc.) has expressed a willingness and desire to continue to act as an agency to the County for purposes of providing these alcoholism and other addictions educational services; and

WHEREAS, it appears to be in the best interests of the residents of the County of Otsego to provide these services; now, therefore, be it

RESOLVED, that upon receipt of the $392,304 in funds from the State of New York as above set forth, the Chair of the Board of Representatives and the Director of the Community Services are authorized to execute an alcoholism/addictions services contract, on behalf of the County of Otsego, with LEAF for the contract period January 1, 2013 through December 31, 2013; 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 which would enable LEAF to continue to utilize designated funds to operate a program of alcoholism/addictions informational and educational services in the County of Otsego; and be it further

RESOLVED, that upon the expiration of the term of the aforementioned contract, a subsequent resolution must be adopted by this Board to authorize the extension of additional terms of said contract; and be it further

RESOLVED, that the funds for this contract are included in the 2013 Contr Chem Dependency Program Budget (4323-A) at line 4698 LEAF and consist of 100% state funds.

Seconded, Rowinski. Roll call vote. Total: 6,167; Ayes: 5,779; Absent: 388 – Stuligross. Adopted.

RESOLUTION NO. 4-20130102

RESOLUTION - AUTHORIZING THE CHAIR

OF THE BOARD TO EXECUTE AN AGREEMENT

WITH CORNELL COOPERATIVE EXTENSION

SCHOHARIE & OTSEGO COUNTIES

LINDBERG, KOUTNIK, ROSENTHAL

WHEREAS, the County of Otsego has allocated in its budget for the fiscal year 2013 the expenditure of $125,000 for the support and maintenance of the work of the Cornell Cooperative Extension Schoharie & Otsego Counties, and for the conduct of the extended educational programs of the New York State College of Agriculture and Life Sciences, the College of Human Ecology, and other units at Cornell University; and

WHEREAS, it is appropriate that a contract with Cornell Cooperative Extension Schoharie & Otsego Counties be authorized to assure proper application of this expenditure; now, therefore, be it

RESOLVED, that the Chair of this Board be and hereby is authorized to contract with the Cornell Cooperative Extension Schoharie & Otsego Counties for the purpose of providing funds, not to exceed $125,000, to the Cornell Cooperative Extension Schoharie & Otsego Counties to pay towards the support and maintenance of the work of the Cooperative Extension and for the conduct of the extended educational programs of the New York State College of Agriculture and Life Sciences, the College of Human Ecology, and other units at Cornell University, for the contract term January 1, 2013 to December 31, 2013; and be it further

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

RESOLVED, that the funding for this contract is included in the 2013 Extension Association Budget (8751-A) at line 4680 Annual Support Agreement.

Seconded, Rowinski. Roll call vote. Total: 6,167; Ayes: 5,779; Absent: 388 – Stuligross. Adopted.

RESOLUTION NO. 5-20130102

RESOLUTION - AUTHORIZING CHAIR OF THE BOARD TO ENTER INTO AGREEMENTS FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS COUNTY ROADS AND BRIDGES FOR THE YEAR 2013

MCCARTY, FRAZIER, MURPHY

WHEREAS, certain engineering firms propose to render professional engineering services to the Otsego County Highway Department in connection with various County roads and bridges for the year 2013; and

WHEREAS, it appears to be in the best interests of the County to contract with these engineering firms for these professional engineering services; said services being professional in nature and not requiring public bidding; now, therefore, be it

RESOLVED, that the Chair of this Board be and hereby is authorized to contract with the following engineering firms to render professional engineering services for various County roads and bridges during the year 2013, in accordance with the hourly rate schedules, which are on file in the Office of the Clerk of the Board; these services being professional in nature and not requiring public bidding by the County:

1. AECOM

40 British American Boulevard

Latham, New York 12110

2. Barton & Loguidice

290 Elwood Davis Road

P.O. Box 3107

Syracuse, New York 13220

3. C&S Engineers, Inc.

1099 Airport Blvd.

North Syracuse, New York 13212

4. Spectra Engineering, PC

19 British American Boulevard

Latham, New York 12110

5. Shumaker Consulting Engineering & Land Surveying, PC

320 North Jensen Road

Vestal, New York 13850

6. Delta Engineers, P.C.

164 Court Street

Binghamton, New York 13901-3514

7. Foit - Albert Associates

435 New Karner Road

Albany, New York 12205

8. WSP – SELL

1 Columbia Circle

Albany, NY 12203

9. McManus Engineering Group, LLC

5 West Beaver Street, Unit 9

P.O. Box 270

Cooperstown, New York 13326

10.  Fisher Associates

135 Calkins Road, Suite A

Rochester, New York 14623

11.  James Jordan Associates Architects

68 Main Street

P.O. Box 111

Richfield Springs, New York 13439

and be it further

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

RESOLVED, that the funds for these contracts are provided in the 2013 Highway Budget under various Highway Projects.

Seconded, Lindberg. Roll call vote. Total: 6,167; Ayes: 5,779; Absent: 388 – Stuligross. Adopted.

RESOLUTION NO. 6-20130102

RESOLUTION – AMENDING RESOLUTION NO. 103-20120307 - AUTHORIZING CHAIR OF THE BOARD TO EXECUTE AGREEMENT WITH ENGINEERS FOR CONSTRUCTION INSPECTION OF BRIDGE BIN 3353980, COUNTY ROUTE 16 OVER BUTTERNUT CREEK, TOWN OF NEW LISBON, OTSEGO COUNTY

(CHIPS PROJECT)

MCCARTY, FRAZIER, MURPHY

WHEREAS, Resolution No. 103-20120307 authorized the Chair of the Board to execute an agreement with Shumaker Consulting Engineering and Land Surveying, P.C., 143 Court Street, Binghamton, New York 13901, for the construction inspection of bridge BIN 3353980, located on County Route 16 over the Butternut Creek, in the Town of New Lisbon, Otsego County, New York (a CHIPS project); these services being professional engineering services and not requiring public bidding, at a cost not to exceed $47,490 for construction inspection; and

WHEREAS, there is an additional $11,648.76 in cost for these engineering services that requires an amendment to Resolution No. 103-20120307; now, therefore, be it