COMMITTEE APPROVAL BY: Peter Bracci DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 112 TITLE: 2013 BUDGET AMENDMENT SUMMER FOOD SERVICE PROGRAM DEPARTMENT OF SOCIAL SERVICES WHEREAS, the Delaware County Youth Bureau is the designated local agency to administer the Summer Food Service Program; and WHEREAS, 100% state funds are available for youth 18 and under NOW, THEREFORE, BE IT RESOLVED that the 2013 budget be amended as follows: INCREASE REVENUE: 10-17310-43382000/7310006/987

Summer Food Service Program

$10,000.00

INCREASE APPROPRIATION: 10-17310-54200000/7310006/987 Summer Food Service Program

$10,000.00

COMMITTEE APPROVAL BY: Sam Rowe DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 113 TITLE: AUTHORIZATION FOR AWARDS DELAWARE COUNTY DEPARTMENT OF PUBLIC WORKS LETTING OF JULY 17, 2013 Notice to bidders and proposals received having been filed and the bidding procedures and documents having been approved by the County Attorney: BE IT RESOLVED, that the County Department of Public Works is authorized to make awards to the lowest bidders meeting specifications as follows: PROPOSAL NO. 31-13 Purchase of New and/or Used Ton Pickup Truck to: Oneonta Ford, LLC PO Box 248 Oneonta, NY 13820 Bid Price: $28,466.00 All original bids and a summary sheet of the bids received are on file for inspection at the office of the Clerk of the Board of Supervisors.

COMMITTEE APPROVAL BY: Sam Rowe DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 114 TITLE: AUTHORIZATION FOR AWARDS DELAWARE COUNTY DEPARTMENT OF PUBLIC WORKS LETTING OF JULY 17, 2013 Notice to bidders and proposals received having been filed and the bidding procedures and documents having been approved by the County Attorney: BE IT RESOLVED, that the County Department of Public Works is authorized to make awards to the lowest bidders meeting specifications as follows: PROPOSAL NO. 32-13 Purchase of Used Track Skid Steer to: Eklund Family Farm Machinery, Inc. 27696 State Hwy 23 Stamford, NY 12167 Bid Price: $22,791.22 All original bids and a summary sheet of the bids received are on file for inspection at the office of the Clerk of the Board of Supervisors.

COMMITTEE APPROVAL BY: Sam Rowe DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 115 TITLE: AUTHORIZATION FOR AWARDS DELAWARE COUNTY DEPARTMENT OF PUBLIC WORKS LETTING OF JULY 16, 2013 Notice to bidders and proposals received having been filed and the bidding procedures and documents having been approved by the County Attorney: BE IT RESOLVED, that the County Department of Public Works is authorized to make awards to the lowest bidders meeting specifications as follows: PROPOSAL NO. SW6-13 Used Horizontal Wood Grinder to: Lum Materials 3200 Rt. 39 Bliss, NY 14024 Bid Price $95,000.00

All original bids and a summary sheet of the bids received are on file for inspection at the office of the Clerk of the Board of Supervisors.

COMMITTEE APPROVAL BY: Sam Rowe DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 116 TITLE: APPROPRIATION OF CAPITAL FUNDS CR 17 RETAINING WALL DEPARTMENT OF PUBLIC WORKS WHEREAS, the Department has progressed the CR 17 Historic retaining wall project to the bidding phase; and WHEREAS, we anticipate advertising the project for bid on July 24, 2013 for an August 2, 2013 letting; and WHEREAS, it is important to make award and get the project underway for a fall 2013 completion; and WHEREAS, the Department would like to appropriate the necessary funding directly for the project so that award can be made as soon as possible in order to ensure that they are performed within the 2013 construction season. NOW, THEREFORE, BE IT RESOLVED that $600,000.00 be appropriated from account 34-15112-54000000 to cover the cost of this project.

COMMITTEE APPROVAL BY: Tom Axtell DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 117 TITLE: EXEMPTION OR IMMUNITY FROM LOCAL LAND USE AND SUBDIVISION CONTROLS FOR THE REHABILITATION, REPLACEMENT, MODIFICATION AND EXPANSION OF THE DELAWARE COUNTY EMERGENCY RADIO COMMUNICATIONS SYSTEM DEPARTMENT OF EMERGENCY SERVICES WHEREAS, the Delaware County Department of Emergency Services is progressing with a public use project consisting of the rehabilitation, replacement, modification and expansion of the Emergency Radio Communications System as previously authorized; and WHEREAS, on a daily basis, law enforcement, fire, emergency medical services and other municipal departments depend on the existing radio communications system to communicate when responding to public safety emergencies and attending to other governmental matters. The current system is well past the end of its useful life and is plagued by system and component failures which interrupt or otherwise make radio communications unreliable. This Project is necessary to replace existing failed or failing communications infrastructure and to provide modern, interconnected, state-of-the-art emergency and non-emergency communications services for use by Federal, State, County and local authorities and their authorized departments, agencies, first responders, contractors, agents and other authorized users; and WHEREAS, the existing emergency communications system has been documented to be at the end of its useful lifespan and suffers from numerous technical and component deficiencies, including: lack of system interoperability; frequent equipment failures; limited coverage to many areas of the County; limited frequency availability; outdated equipment and failing towers and communications shelters; and WHEREAS, due to the requirements of the Federal Communications Commission, the County is also required to relinquish existing and upgrade to new microwave tower interconnect frequencies and modify other radio frequencies it utilizes which also results in the need to rehabilitate, replace and modify the existing emergency communications system; and WHEREAS, because of the technical and component deficiencies associated with the existing system, and due to the frequency of severe flood events and other emergencies, there is a

need for emergency actions that are immediately necessary for the protection of life, health, and property to (at a minimum) rehabilitate, replace and expand the existing system to keep the Countys emergency radio communications system operational; and WHEREAS, Delaware County has applied for and received various grant funds including grants from the State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Program (LETPP), the Statewide Interoperable Communications Grant (SICG) Program and the Interoperable Emergency Communications Grant Program (IECGP) in an amount totaling approximately $2,200,000.00 (collectively, the Grants) to assist in the rehabilitation, replacement, modification and expansion of the Emergency Radio Communications System; and WHEREAS, reflecting the emergency nature of the need for a fully operational emergency communication system, one or more of the Grants have strict time schedules requiring the expenditure of funds or they are forfeited; and WHEREAS, the Department of Emergency Services has retained the services of various environmental professionals to assist the County in complying with its regulatory and permitting obligations for the various sites; and WHEREAS, the Board of Supervisors has previously reviewed the Full Environmental Assessment Form and issued a Negative Declaration as its SEQRA determination for the Overall Project and for certain specific sites; and WHEREAS, the Board of Supervisors has determined that the rehabilitation, replacement, modification and expansion of the Emergency Radio Communications System is in the best interests of the County and is in the best interests of the health, safety and welfare of the residents of the County; and WHEREAS, the Department of Emergency Services and the Board of Supervisors have conducted an outreach effort to the municipalities within the County to inform them of the details of this necessary project. In each case, a detailed description of the project including mapping was provided. The outreach included Notice of the Intent to be Lead Agency under SEQRA provided in June 2012; SEQRA Lead Agency Determination and Negative Declaration for the Project provided in October 2012; and a request for comments on the proposal of the County to exempt itself from local land use laws which was provided in June 2013 and which provided more than 30 days for comments to be submitted; and WHEREAS, the period for the receipt of comments has passed and no comments adverse to the exemption/immunity were received; and WHEREAS, to the extent that Delaware County is absolutely immune from local land use and subdivision laws, it intends to proceed with the project under that absolute immunity. In the alternative, the County is hereby engaging in the balancing test and weighs and considers the following listed factors. The County also determines that due to the fact that the system must interconnect and work across the entire county and that a single veto by any one community to a

tower site would adversely impact the viability and functionality of the entire system and given the compelling and transcending public purposes involved with providing reliable emergency communications services to emergency responders, police and other governmental agencies, the Countys interest in providing this necessary public service is paramount and the County is thereby best suited to provide the analysis of the factors. As to the factors: 1. the nature and scope of the instrumentality seeking immunity Delaware County is the instrumentality seeking immunity from applicable land use and subdivision laws of certain towns or villages. The County is explicitly tasked with providing certain important services and oversees, organizes and coordinates emergency services. The County is also responsible for providing an emergency communications network that is safe, reliable and appropriate to serve the needs of the County and its residents. 2. the encroaching governments legislative grant of authority Delaware County is vested with the authority to make this determination, provide the project and to organize and oversee a Department of Emergency Services by virtue of the authority granted to it by the New York State Constitution, the New York State County Law, the Statute of Local Governments, and the Municipal Home Rule Law. The Board of Supervisors legislates and conducts the affairs of Delaware County through Board resolutions and local laws. 3. the kind of function or land use involved the land use involved is the construction (or, in many cases, the reconstruction) of emergency communications towers. The towers are proposed to be 199 feet tall but in some cases, due to technological reasons, the height may exceed 250 feet. In most cases, the towers are proposed to be built on generally remote and elevated terrain a reasonable distance from any population centers. 4. the effect local land use regulation would have upon the enterprise concerned in general, some (but not all) of the towns have zoning, site plan or tower laws or ordinances or subdivision regulations that would regulate the placement of towers. In addition, these laws would require a lengthy review process by a local planning board and in certain cases application to a ZBA for variance relief. Given the nature of the project and the placement/location of the towers, it would be expected that the approvals would be issued. However, were a single community determine to not allow a tower, it would have a significant impact on the entire project that would cause a ripple effect by requiring adjacent sites to be relocated or re-engineered, adding significant delay and cost to a time-sensitive matter and potentially diminishing the reliability and coverage of the system. 5. alternative locations for the facility in less restrictive zoning areas the towers have been generally located in rural, elevated terrain. Where possible the towers are proposed near existing towers and whenever possible, existing towers are being re-built at or near the original location. As a result, it is not possible to relocate one or more of them to a less restrictive zone. Moreover, re-location of a tower in any substantial manner often has a cascading effect requiring the relocation of adjacent sites to maintain

connectivity and radio coverage. In addition, technological limitations drive the need for the towers to communicate via a line of sight microwave interconnect. As a result, the towers must be elevated and placed in limited locations to be able to function as a system. 6. the impact upon legitimate local interests a determination that the project is immune from local zoning, land use or subdivision regulations results in the loss by certain communities that have enacted land use and/or subdivision controls of the ability to exercise control over the placement of a tower within their community. Given the outreach to the communities over the last years, it can fairly be inferred that they are well informed and agree with the need for the project. 7. alternative methods of providing the proposed improvement at this time there is no other technological method of providing the proposed emergency communication system. The County notes that the design of the system has maximized the use of sites with existing towers whenever possible and has carefully evaluated the location of the towers to site them in rural elevated areas and to propose the least number of towers as is necessary to provide adequate emergency communication service. 8. the extent of the public interest to be served by the improvements as noted throughout this resolution and in the materials produced by the County and provided to the communities (and incorporating those materials by reference), the existing emergency communications system is at the end of its useful life, is plagued by equipment failures and does not adequately cover the County. The emergency communications network is a life-safety necessity for many reasons, including the dispatch of emergency services personnel on a daily basis, the provision of communications while in the field or on the fireground to allow emergency responders to communicate effectively and is necessary to provide a reliable communications system for fire, police, ambulance and other governmental entities, all of which provide critical governmental services to the residents and communities of Delaware County. 9. intergovernmental participation in the project development process and an opportunity to be heard as noted in this resolution, and by virtue of the fact that Delaware County is governed by a Board of Supervisors who have been kept informed of this project, there have been multiple outreaches to the communities over the last two plus years of this project. This outreach was made to all municipalities, not just those who have or will have a communications tower. The process culminated with a specific request for comments on the proposed determination that the County was immune from local land use and subdivision laws. That outreach did not result in any significant or substantive concern about this project or the process. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Delaware County hereby weighs and balances the enumerated factors and determines that the County is immune and/or exempt from any local land use and subdivision laws that might apply to or regulate the project. The County makes this decision based upon the above discussion of the factors and finds that there is a compelling need to provide reliable emergency services to the residents and that an integral part of the provision of those services is the ability to effectively

dispatch responders and police and thereafter for those assets to communicate effectively. Because the towers must act as a system and there cannot be significant gaps in the coverage and because the towers need to communicate with each other, it is imperative that they be sited in accordance with an engineered design to function as proposed. The County and the interests of the residents of the entire county thereby outweigh the specific interests of any one community; and BE IT FURTHER RESOLVED, the County of Delaware and its legal agents are exempt and immune from any local land use and subdivision laws for the project; and BE IT FURTHER RESOLVED, to the extent that any building permits or similar authorizations are needed, they will be reviewed and issued by Delaware County; and BE IT FURTHER RESOLVED, that the Department of Emergency Services, the Department of Public Works, the Planning Department, their consultants and the attorneys for the County are hereby directed to take such actions as are necessary to implement this resolution.

COMMITTEE APPROVAL BY: Don Smith DATE: 7/18/2013 BY PHONE: BY EMAIL: IN PERSON: PRE-FILED: NOT PRE-FILED:

RESOLUTION NO. 118 TITLE: DESIGNATING THE COUNTY ATTORNEY AS THE OFFICIAL TO RECEIVE SERVICE OF A NOTICE OF CLAIM FROM THE SECRETARY OF STATE OFFICE OF THE COUNTY ATTORNEY WHEREAS, General Municipal Law 53 of New York requires that prior to commencing any lawsuit against the County of Delaware, a Notice of Claim must be served; and WHEREAS, General Municipal Law 53 of the State of New York has been amended to add the Secretary of State as an agent to receive service of a Notice of Claim against the county; and WHEREAS, the county is required to file a certificate designating an official to receive service from the Secretary of State THEREFORE, BE IT RESOLVED, that the County Attorney is hereby designed as the official to receive a Notice of Claim from the Secretary of State.