REGULAR SESSION
FIRST DAY
Wednesday, May 3, 2017
The Board Chair called the Board to order, the roll was called and the following Representatives were found to be present:
Frazier, Clark, Stammel, Kennedy, Oberacker, Bliss, Marietta, McCarty, Wilber, Koutnik, Gelbsman, Carson, Stuligross.
Under Privilege of the Floor, Jim Kevlin from the Freeman’s Journal introduced Karen Sullins, Videographer, noting she will be video taping the monthly Board meetings.
Mark Place, Superintendent of Milford Central School, expressed his concerns with lack of notification in regards to threats made to the school noting that this is an unacceptable error and respectively requests that a Standard Operating Procedure be created if one does not already exist.
Stacie Haynes, Westford, NY, Executive Director of the Susquehanna Animal Shelter distributed copies of a documentary film that shows what, how, and why the shelter does what they do urging all to watch the short video in order to better the communication between the County and the shelter to move toward a more formal relationship.
Bill Elsey, Springfield Town Supervisor, stated he was here to support Stacie Haynes and the shelter noting that they do a wonderful job and hopes that the County can consider a line item in the budget to support them.
Nicole Dillingham, 198 Wellington Ave. Springfield, NY discussed how the Towns are financially liable for the care of animals when taken to the shelter and many cannot afford it. Ms. Dillingham urged the County to consider a stipend to the Towns for these costs.
Ralph Ritton, Westford Fire Department/Fire Advisory Board, extended his support for Art Klingler for the OC1 position and asked that the County look at accelerating the filling of other public safety positions as the time that it takes now is unacceptable.
Gaylord Dillingham, Susquehanna Animal Shelter, discussed there being a problem with the costs of the seizure of animals noting that it is an important one that will not go away or ever be solved. Mr. Dillingham stated that it is important for the County and Towns to control animals in a humane way and urged the County to do what they can.
Jim Empie, Worcester Fire Department, stated that he recommends Art Klingler for OC1 as he has the background and capability for such.
Maria Ajello, concerned tax payer and County Employee, stated that her home was taken at a delinquent tax auction noting that the Treasurer refused her money, her property was given to another County employee, and there needs to be an Ethics Committee. Mrs. Ajello asked that the County give money to the Susquehanna Animal Shelter as they are honorable, ethical, moral, and diligent in the care of poor animals.
Russ Ahrens, concerned tax payer and County employee stated that the County has failed to activate a Board of Ethics and making people homeless is wrong and un-American. Mr. Ahrens stated that the Treasurer would not take Maria Ajello’s money 40 days prior to the tax delinquent auction.
The minutes of April 5, 2017 were approved.
The following communications were read and ordered filed:
Results of the Annual Evaluation and Progress Report of the Otsego County Office for the Aging (OCOFA) conducted on February 10, 2017 by NYSOFA
The following reports are on file with the Clerk of the Board:
March 2017 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.
During the report on the Intergovernmental Affairs Committee, Representative Marietta requested that the following be put on the record:
The OTSEGONOW Strategic Plan relates the following: “The primary roles of a not-for-profit board involve policy formulation, organizational oversight, financial stewardship and advocacy on behalf of the organization. Based on this strategy, these are the Board Priorities for Otsego Now:
1. Improve relationship with County to improve effectiveness of Board member recruitment and development process to provide adequate diversity of member demographics, skills, etc.
Under its current legal structure, members of Otsego Now’s board are appointed by the County’s legislative body, the Board of Representatives. In order to ensure that Otsego Now’s Board has access to the skills and experience needed to further its economic development mission, the Board must always have a close productive relationship with the County Board of Representatives.
This will enable the County Board to understand the needs of Otsego Now and allow the two organizations to recruit and nominate members to Otsego Now’s board that have the background and experience required of that organization. This will also require the Otsego Now Board to have a ready understanding of its needs with respect to board membership so that these can be communicated to the Board of Representatives.
As part of preparing the Otsego Now Board to better understand its needs, a board recruitment matrix is included as a guide for considering the skills and other types of characteristics desired of board members.”
I again request the Board Skill Inventory from OtsegoNow be provided to the Otsego County Board in the best interest of our partnership and as outlined in this plan.
In addition, the County of Otsego Industrial Development Agency bylaws mandate the following:
Article 2, Section II titled Responsibilities of Members; Training Requirement
Subsections
F) Members of the Agency shall file annual financial disclosure statements with the Otsego County Board of Ethics.
Following up on this question at April’s Board meeting, have the OtsegoNow board members provided their financial disclosure statements to the Otsego County Board of Ethics? What is the status of the Otsego County Board of Ethics?
During the report on the Intergovernmental Affairs Committee, Representative Carson stated that in regards to the Shared services initiative the website for more information is www.dos.ny.gov/lg/countywideservices.html.
During the report on the Public Safety and Legal Affairs Committee, Representative Marietta requested that the following be put on the record:
On April 12, PSLA met and discussed the Decision and Order report regarding a pistol permit reinstatement by Ross Devlin. The report was entered into the public record as a part of the meeting. A number of board members read about this action at PSLA, including the report, on AllOtsego.com. Others learning about the report included school districts in Otsego County, including Milford and Oneonta, which were cited in a workplace violence report outlined in the report. These school districts were not notified before the PSLA meeting about what the report entailed or the County actions taken in response to the January 9th incident. The Board received an update from the County Attorney relating that the County was contacted that day by Milford and Oneonta School Districts about the report’s content related to their schools. This rollout obviously was problematic and raised concerns from a number of board members. Later that evening, Rep Frazier emailed us all outlining that 6 Reps had received the report only the day before and that PSLA needed to take action on the document, thus there ended up being no time to release a press release or contact the remaining board members. Rep Frazier assured everyone that communication would be improved. The following day, April 13, a press release was sent out to the board, general public and media about the actions the County had taken in response to the January 9th incident reported as a workplace violence occurrence. Thus, I now request the following letter dated April 24th addressed to School Superintendents be entered into the minutes as well. In the letter, which I and other Reps were not aware of, accompanies the April 13 press release. In the letter, which has Otsego County Board of Reps at the top, outlines how Milford and Oneonta School Districts concerns about the PLSA meeting on April 12 and assures the Superintendent that “we” are “very concerned about public safety and the schools in particular.” It goes on to outline actions taken: “We immediately notified the District Attorney. The District Attorney is the County’s Chief law enforcement officer and has the expertise and personnel to investigate such threats. He is also in the best position to make a determination about what steps needed to be taken to safeguard the public, including whether notification to schools was needed. If you have any questions about the investigation or why the schools were not notified, please call the District Attorney, the Sheriff or the NYS Police.” It goes on to state the press release is enclosed. The letter is signed by Rep Clark, Board Chair; Rep Frazier, Board Vice Chair; and then Rep Gelbsman, listed as District 12, Rep; and Rep Kennedy, District 5, Rep. It also ccs District Attorney John Muehl.
With this letter, I have the following questions:
· First, I was wondering why the letter was not circulated to the full board?
· Second, did DA John Muehl help draft this letter or see it in advance of it being mailed out? Why isn’t the Sherriff or NYS Police cced? Have they received a copy?
· Third, why did Rep Gelbsman and Rep Kennedy sign the letter and not all the Reps on the letter? Rep Gelbsman chairs Admin and represents Oneonta, but there are other Reps on Admin not on the letter, and there are 4 other Reps for Oneonta not on the letter. We as Reps all take this issue very seriously.
Representative Marietta asked that the Letter dated April 24, 2017 as referenced above to School Superintendents regarding a Sheriff’s Department employee and alleged threats of violence, and signed by Kathleen Clark, Board Chair, Edwin Frazier, Jr., Board Vice Chair, Craig Gelbsman, District 12, Representative and Margaret Kennedy, District 5 Representative be entered in the record as on file with the Clerk of the Board.
Representative Carson stated that for the record, he objects to the fact that other Representatives were not considered as part of a group when the above referenced letter was sent out.
The reports of the Special Committees were given and ordered filed.
The following Representatives gave reports on miscellaneous boards/committees:
Representative Gelbsman: Industrial Development Agency Board
Representative Kennedy: Landbank committee
Board Chair Clark asked that a moment of silence be observed due to the passing of past Board Member Hugh Henderson.
Board Chair Clark declared a break and a recess to consult with the County Attorney.
The Board reconvened.
Representative Koutnik moved to dispense with the reading of all resolutions. Seconded, Stuligross. Total: 6,228; Ayes: 5,725; Absent: 503- Powers. 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.
Representative Clark removed Resolution No. 188 and Representative Carson removed Resolution Nos. 191 and 193.
Board Chair Clark called for action on the consent agenda, excluding Resolution Nos. 188, 191, and 193. Representative Carson moved to act upon the consent agenda, Resolution Nos. 172-187, 189-190, 192, and 194-202.
RESOLUTION NO. 172-20170503
RESOLUTION – AUTHORIZING SUPERINTENDENT OF
HIGHWAYS TO EXTEND CONTRACTS FOR PURCHASE
OF CERTAIN MATERIALS, SUPPLIES AND SERVICES FROM
TOWN AND COUNTY BRIDGE & RAIL (TCBR)
OBERACKER, MCCARTY, WILBER, POWERS, BLISS
WHEREAS, Resolution No. 12-20160106 authorized the Superintendent of Highways to contract with various firms, in accordance with the specifications and bids received; and
WHEREAS, Town & County Bridge & Rail (TCBR) was one of said firms contracted to provide bridge and maintenance repairs, shotcrete and deck sealing of various structures; and
WHEREAS, the Superintendent of Highways has requested to extend certain contracts for 2017 season, exercising the extension clause of said contracts; now, therefore, be it
RESOLVED, the Superintendent of Highways is authorized to extend contracts for the following:
Bridge Maintenance & Repair:
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
Shotcrete:
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
Bridge Deck Sealing (Various Structures):
Town & County Bridge & Rail
PO Box 16395
Albany, NY 12212
and be it further
RESOLVED, the funds for these materials, supplies and services are in the 2017 Highway Budget under line D5112.2020.
RESOLUTION NO. 173-20170503
RESOLUTION – AUTHORIZING EXTENSION OF CONTRACT WITH TOWN AND COUNTY BRIDGE AND RAIL AND AUTHORIZING CONTRACT FOR REPAIR OF BRIDGE CR #59
OBERACKER, MCCARTY, WILBER, POWERS, BLISS
WHEREAS, the Public Safety and Legal Affairs Committee reviewed the contract between Otsego County and Town and County Bridge & Rail for bridge repair and maintenance with the Otsego County Superintendent of Highways, originally dated April 29, 2015, expiring on April 28, 2017, but can be extended for one additional year; and
WHEREAS, the Committee finds that extension of the contract for one year is in the best interests of the County of Otsego; and
WHEREAS, repair and maintenance work is needed regarding for Bridge CR #59, not to exceed $60,000, and it is in the best interests of Otsego County to contract with Town and County Bridge & Rail to do the repairs; now, therefore, be it
RESOLVED, the Superintendent of Highways is authorized to sign an extension of the contract with Town and County Bridge & Rail for bridge repair and maintenance, originally dated April 29, 2015; and be it further
RESOLVED, the Superintendent of Highways is authorized to fund said project as set forth below:
PROJECT:
Repair of Bridge CR #59 over
Oaks Creek, Town of Hartwick,
Otsego County, NY
COST:
NOT TO EXCEED $60,000
VENDOR:
Town and County Bridge & Rail
PO Box 16395
Albany, NY 12212
and be it further,
RESOLVED, that the Chair of the Board of Representatives is authorized to sign an agreement with Town and County Bridge & Rail for the above project and said contract 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 project are available in the 2017 Highway Budget under D110.4570, D110.4500, D110.4572, D5112.2020, D5113.2121 and D5113.2104.
RESOLUTION NO. 174-20170503
RESOLUTION- AUTHORIZING COMMUNITY SERVICES TO PURCHASE CONTRACT MANAGEMENT SOFTWARE FROM DISCOVER EGOV