REGULAR SESSION
FIRST DAY
Wednesday, May 4, 2016
The Board Chair called the Board to order, the roll was called and the following Representatives were found to be present:
Frazier, Powers, Clark, Stammel, Kennedy, Oberacker, Bliss, Marietta, McCarty, Wilber, Koutnik, Gelbsman, Carson, Stuligross.
Under Privilege of the Floor, Maria Ajello, concerned tax payer and County employee, submitted a letter requesting a review by the Otsego County Ethics Committee of the transfer of her home and land to another Otsego County Employee.
Russell Ahrens, concerned tax payer and County employee, asked that Maria Ajello’s home be returned to her and thanked the County for accepting credit cards as a form of payment.
Kate Hewlett, Oneonta, NY discussed her struggles and recovery from mental illness and stressed that hope, healing, and recovery are possible. Ms. Hewlett stated that she continues to fight the stigma and that her diagnosis was not the end but a beginning.
The minutes of April 6, 2016 were approved.
The following communications were read and ordered filed:
Amended Summons and Amended Verified Complaint Lisa Van Tassel, Plaintiff against Casella Waste Management of N.Y. Inc., Casella Waste Management, Inc., Casella Waste Systems, Inc., and The County of Otsego, Defendants, nature of action is personal injury sustained at the transfer station, relief sought is judgment in the amount to be determined upon the trial of this action, interest, costs and disbursements of this action
Notice of Claim Tabitha Eccelston, F/B/O Dawson Cashman Claimant vs. Edmeston Central School and the County of Otsego, Respondents for serious personal injuries, pain, and suffering for her son sustained at Edmeston Central School; no amount of claim stated
Notice of Public Hearing for the Town of Middlefield May 10, 2016 7:00 p.m. on proposed changes to the Town’s Zoning Law
Notice of Public Hearing Otsego County Capital Resource Corporation proposed Springbrook, NY, Inc. project on May 10th, 2016 at 4:00 p.m. at the events room at the Springbrook Oneonta Campus
Otsego County Soil & Water Conservation District Draft Board Minutes of March 24, 2016
The following disclosures were read:
Representative Bliss serves on the following:
-Farmer’s Museum Board of Directors
-Otsego Land Trust Board of Directors
-Town of Middlefield Ethics Board
Representative Carson serves on the following:
-Oneonta Veterans Club Board
-Commander of American Legion Oneonta Post 259
-Otsego County American Legion Committee
-City of Oneonta Airport Commission
Representative Clark serves on the following:
-Destination Marketing of Otsego County
-MVEDD
-MVREDC
-Alternatives to Incarceration
Representative Frazier serves on the following:
-Board of Directors of the Unadilla Chamber of Commerce
-Executive Committee of Leatherstocking Council Boy Scouts of America
-Session Member of Unadilla First Presbyterian Church-responsible for Budget & Finance
Representative Koutnik serves on the following:
-Otsego County Community Services Board
Representative Marietta serves on the following:
-Cooperstown Chamber of Commerce Board
-Mothers and Babies Perinatal Network Board
-Cooperstown Central School District Board
Representative Oberacker serves on the following:
-Schenevus Central School Foundation of Excellence Board
Representative Stuligross serves on the following:
-Alternatives to Incarceration Board
-Friends of the Oneonta Community Health Center
The following reports are on file with the Clerk of the Board:
Ignition Interlock Program Monitoring audit report conducted by the Office of the NYS Comptroller
Annual Financial Report update document for Fiscal Year ended 12/31/15 as filed by the Treasurer’s Office on 4/29/16
March 2016 Monthly Report of Alternatives to Incarceration Program Services rendered by Catholic Charities of Delaware and Otsego Counties.
The reports of the Standing Committees were given and ordered filed.
The reports of the Special Committees were given and ordered filed.
Representative Frazier requested a recess for the Administration Committee to consult with Counsel. Seconded, Koutnik. Total: 6,228; Ayes: 6,228. Motion carried.
The Board reconvened.
Representative Koutnik moved to dispense with the reading of all resolutions. Seconded, Stuligross. Total: 6,228; Ayes: 6,228. 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 Nos. 159 and 171.
Resolution No. 159-20160504, sponsored by the Public Works Committee, Authorizing Chair to enter into a Road Use and Maintenance Agreement pursuant to Local Law No. 4 of 2011 with Constitution Pipeline Company, LLC was withdrawn by Representative Oberacker with the approval of the Public Works Committee. Representative MCarty moved for approval. Seconded, Wilber. Total: 2,304; Ayes: 2,304. Motion carried.
Board Chair Clark called for action on the consent agenda, Res. Nos. 157-181 excluding Resolution Nos. 159 and 171. Representative Koutnik moved to act upon the consent agenda, Resolution Nos. 157, 158, 160-170, 172-181.
RESOLUTION NO. 157-20160504
RESOLUTION – AUTHORIZING CHAIR OF THE
BOARD TO CONTRACT WITH NEW YORK STATE
DEPARTMENT OF HEALTH TO RECEIVE GRANT FUNDS
(CHILDHOOD LEAD POISONING PREVENTION PROGRAM)
STULIGROSS, STAMMEL, MCCARTY, BLISS, KOUTNIK
RESOLVED, that the Chair of the Board, on behalf of the Otsego County Department of Health, be and hereby is authorized to execute an agreement with the New York State Department of Health, to receive grant funds in the amount of $147,500 for the Childhood Lead Poisoning Prevention Program, for the period beginning October 1, 2015 to September 30, 2020; 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.
RESOLUTION NO. 158-20160504
RESOLUTION – AUTHORIZING CHAIR
OF THE BOARD TO CONTRACT WITH
NEW YORK STATE DEPARTMENT OF HEALTH,
BUREAU OF ENVIRONMENTAL RADIATION
PROTECTION, TO RECEIVE RADON GRANT FUNDS
STULIGROSS, STAMMEL, MCCARTY, BLISS, KOUTNIK
WHEREAS, Resolution No. 270-20151104 authorized the Chair of the Board to execute a grant agreement with the State of New York Department of Health, Bureau of Environmental Radiation Protection, to receive grant funds in the amount of $21,285 for a Radon grant, for the period of July 1, 2015 through June 30, 2020; and
WHEREAS, there is a need to amend Resolution No. 270-2015 to reflect a change in the amount of the grant from $21,285 to $36,235 for the same time period as previously approved; now, therefore, be it
RESOLVED, that the Chair of the Board, on behalf of the Otsego County Department of Health, be and hereby is authorized to execute an amended grant agreement with the State of New York Department of Health, Bureau of Environmental Radiation Protection, to receive grant funds in the amount of $36,235 for a Radon grant, for the period July 1, 2015 through June 30, 2020; 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.
RESOLUTION NO. 160-20160504
RESOLUTION – AUTHORIZING THE FILING OF AN APPLICATION
FOR STATE ASSISTANCE FROM THE NEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES FOR 2016 UNIFIED HAZARD MITIGATION PROGRAM – UPDATING HAZARD MITIGATION PLANS
MCCARTY, KENNEDY, POWERS, KOUTNIK, MARIETTA
WHEREAS, the State of New York Division of Homeland Security and Emergency Services (DHSES) released a notice of funds available for Pre-disaster Mitigation (PDM) and Flood Mitigation Assistance (FMA) Program; and
WHEREAS, the activities for which the funds are available include creating/updating hazard mitigation plans to FEMA specifications and implementing hazard mitigation acquisition projects; and
WHEREAS, Otsego County submitted a letter of intent (LOI) to seek funding for the update of the county multi-jurisdictional hazardous mitigation plan to DHSES has been determined to be eligible to submit a complete application to FEMA; and
WHEREAS, the County of Otsego deems it to be in the public interest and benefit to file an application; and
WHEREAS, it is necessary that a contract between The New York State Homeland Security and Emergency Services, and the County be executed for such State aid; now, therefore, be it
RESOLVED,
1. That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understandings and assurances contained in said application is hereby authorized;
2. That the Chair of the Board, or their designee, is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State;
3. That the County agrees that funding and administration of the awarded grant will be through the County Planning Department and will be reimbursed by the State for the State’s 75% share of such cost;
4. That the remaining 25% cost share shall be in-kind services provided by the County Planning Department and any other involved governmental or participating agencies during the update; and be it further
RESOLVED, that the funding for this contract will be included in the Planning Budget (8020-A) at line 4900 Contracts, in the year in which the awarded contracted is completed.
RESOLUTION NO. 161-20160504
RESOLUTION – APPROVING ADDITIONS TO CERTIFIED AGRICULTURAL DISTRICTS WITHIN OTSEGO COUNTY
MCCARTY, KENNEDY, POWERS, KOUTNIK, MARIETTA
WHEREAS, Section 303-b of the New York State Agriculture and Markets Law provides for the inclusion of viable agricultural land within a certified agricultural district prior to the county established review period; and
WHEREAS, the Otsego County Board of Representatives established the month of January as the period in which landowners may petition Otsego County for inclusion of parcels of viable agricultural land within certified agricultural districts; and
WHEREAS, Otsego County received requests from four (4) landowners for inclusion of approximately 109.1 acres of viable agricultural land within certified agricultural districts; and
WHEREAS, the Otsego County Agricultural and Farmland Protection Board (AFPB) reviewed these requests and recommended that the following parcels, which consist predominantly of viable agricultural land, be included in the County’s certified agricultural districts:
Tax ID / Acreage / Owner / Town / Agricultural District /160.00-1-55.01 / 71.65 / Gregory & Debra Horth / Hartwick / 4
304.00-1-33.00 / 11.00 / James E. Polhemus / Butternuts / 8
24.00-1-2.00 / 25.60 / Patricia Reller / Richfield / 1
183.00-3-18.05 / 0.85 / Edward Head / Worcester / 2
Total / 109.1
now, therefore, be it
RESOLVED, that the Otsego County Board of Representatives hereby approves the addition of approximately 109.1 acres of land as listed above to the respective Otsego County Agricultural Districts.
RESOLUTION NO. 162-20160504
RESOLUTION – APPROVING EIGHT-YEAR EXTENSION OF AGRICULTURAL DISTRICT 2 WITH THE ADDITION/REMOVAL OF PARCELS
MCCARTY, KENNEDY, POWERS, KOUTNIK, MARIETTA
WHEREAS, Section 303-a of the New York State Agriculture and Markets Law provides for the inclusion or removal of viable agricultural land within Agricultural District 2 during the 8-year review period; and
WHEREAS, Otsego County received requests from nine (9) landowners for the inclusion of approximately 631.53 acres of viable agricultural land within Agricultural District 2, and requests for the removal of 231.43 acres from two (2) landowners; and
WHEREAS, the Otsego County Agricultural and Farmland Protection Board (AFPB) reviewed these requests and recommended that the following parcels be added and removed from Agricultural District 2 that is comprised of approximately 893 parcels and 32,340 acres:
Tax ID / Acreage / Owner / Town / Agricultural District /REMOVALS
151.00-1-7.02 / 9.53 / Joseph DeSantis / Westford / 2
149.00-1-17.01 / 142.26 / State of New York / Westford / 2
149.00-1-35.01 / 7.19 / State of New York / Westford / 2
149.00-1-35.02 / 0.48 / State of New York / Westford / 2
149.00-1-16.00 / 46.89 / State of New York / Westford / 2
149.00-1-31.01 / 9.46 / State of New York / Westford / 2
149.00-1-31.02 / 5.45 / State of New York / Westford / 2
149.00-1-31.03 / 8.35 / State of New York / Westford / 2
149.00-1-17.02 / 1.47 / State of New York / Westford / 2
149.00-1-33.00 / 0.08 / State of New York / Westford / 2
149.00-1-35.03 / 0.27 / State of New York / Westford / 2
Total / 231.43
ADDITIONS
197.00-2-42.01 / 36.60 / Reinhart Jahnke / Maryland / 2
197.00-2-41.00 / 0.44 / Reinhart Jahnke / Maryland / 2
249.00-1-11.00 / 83.41 / Bonnie Acres LLC / Worcester / 2
249.00-1-14.00 / 57.21 / Fish LLC / Worcester / 2
198.00-3-2.00 / 158.25 / Tim Hamwey Revocable / Worcester / 2
198.00-1-5.02 / 7.20 / Tim Hamwey Revocable / Westford / 2
232.00-1-33.00 / 151.14 / Joseph Parisi / Worcester / 2
230.00-1-79.06 / 0.34 / Brenda DeMelo / Maryland / 2
198.00-2-18.00 / 63.69 / William Dobbins / Maryland / 2
198.00-2-20.00 / 25.59 / Tim Hamwey Revocable / Maryland / 2
198.00-1-7.00 / 18.22 / William Dobbins / Westford / 2
183.00-1-6.01 / 17.04 / James Mulvey / Westford / 2
166.00-1-5.00 / 12.40 / Ralph Ritton / Westford / 2
Total / 631.53
now, therefore, be it
RESOLVED, that the Otsego County Board of Representatives does hereby approve the addition of approximately 631.53 acres of land as listed above and the removal of 231.43 acres from Otsego County Agricultural District 2.
RESOLUTION NO. 163-20160504
RESOLUTION - APPOINTING MEMBER TO THE ALTERNATIVES TO INCARCERATION ADVISORY BOARD
CARSON, GELBSMAN, OBERACKER, WILBER, MARIETTA
RESOLVED, that the following individual is hereby appointed to serve as a member on the Alternatives to Incarceration Advisory Board effective January 1, 2016:
LEONARD CARSON JR.
Public Safety & Legal Affairs Committee Chairman
16 Kearney Street
Oneonta, NY 13820
(replaces Donald Lindberg)
RESOLUTION NO. 164-20160504
RESOLUTION - APPOINTING MEMBER TO THE COMMUNITY SERVICES BOARD
STULIGROSS, STAMMEL, MCCARTY, BLISS, KOUTNIK
RESOLVED, that pursuant to Section 41.11 of the Mental Hygiene Law, the following person be and hereby is appointed a member of the Otsego County Community Services Board for the term indicated, effective January 1, 2016:
GARY KOUTNIK
Otsego County Representative
105 Center Street
Oneonta, New York 13820
Term expiring December 31, 2016
(Liaison Member)
RESOLUTION NO. 165-20160504
RESOLUTION - APPOINTING MEMBER TO THE COUNTY JURY BOARD
CARSON, GELBSMAN, OBERACKER, WILBER, MARIETTA