BROOME COUNTY LEGISLATURE REGULAR SESSION FEBRUARY 19, 2015

Transcription

1 BROOME COUNTY LEGISLATURE REGULAR SESSION FEBRUARY 19, 2015 The Legislature convened at 5:00 p.m. with a call to order by the Chair, Jerry F. Marinich. The Second Deputy Clerk, Robert J. O Donnell, read the fire exit announcement and called the Attendance Roll, Present-14, Absent-1 (Heebner). The Chair, Mr. Marinich led the members of the Legislature in the Pledge of Allegiance to the Flag. The Second Deputy Clerk, Robert J. O Donnell offered the invocation followed by a moment of silence. ANNOUNCEMENTS FROM THE CHAIR Mr. Baker and Mrs. Myers were designated with Chairman Marinich as participants in the Short Roll Call. Claudia Edwards and Lenora Borris recognized Kathleen Kay Perkins and Dr. Wieslaw R. (Sean) Piller as dedicated volunteers of the Community Free Clinic. WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY EXECUTIVE Mr. Garnar made a motion, seconded by Mr. Shaw, that the Session minutes of January 22, 2015 be approved as prepared and presented by the Clerk. Mr. Marinich noted that the committee minutes for January 22, 2015 through February 18, 2015, 2015 had been distributed to the members of each committee for review and that they are also on file in the Clerk s Office. Mr. Marinich asked for corrections to the committee minutes. Seeing none, a motion to approve the committee minutes was made by Mr. Wildoner, seconded by Mr. Baker. PRESENTATION OF PETITIONS, COMMUNICATIONS, NOTICES & REPORTS 1. SUNY Broome December 2014 Budget Transfers Report 2. BC Soil & Water Directors Meeting Minutes 12/16/14 3. Legislative Clerk January 22, 2015 Session Agenda 4. Legislative Clerk February 2015 Notice/Schedule of Committees & Notice of Session 5. Broome Tobacco Asset Securitization Corp. Notice of Meeting 2/17/15 at 11 AM 6. NYS Unified Court System Appointment to Law Library Board of Trustees 7. BC Land Bank Annual Report to the Broome County Legislature 8. NYS Department of Health Order of Consolidation for Town of Dickinson and Village of Port Dickinson Vital Statistics 9. Public Service Commission Notice of Additional Public Statement Hearings re: State Energy Vision 10. Bonadio Group 2014 Auditor s Report of SUNY Broome 11. Audit January 2015 Cash Verification Audits Report 12. SUNY Broome Board of Trustees Meeting Minutes 12/4/ OMB 4 th Quarter 2014 Sales Tax Report 14. County Clerk Order of Succession 15. DSS Order of Succession 16. Legislature Order of Succession 17. Library Order of Succession 18. Mental Health Order of Succession Regular Session of February 19,

2 19. OFA Order of Succession 20. OMB Order of Succession 21. Parks Order of Succession 22. Planning Order of Succession 23. RPTS Order of Succession 24. STOP-DWI Order of Succession 2015 Journal of Proceedings RESOLUTIONS HELDOVER FROM A PREVIOUS SESSION RESOLUTION NO By Health & Human Services and Finance Committees Seconded by Mr. Whalen RESOLUTION AUTHORIZING RENEWAL OF THE LEASE AGREEMENT WITH KRADO REALTY CORP. FOR RENTAL OF SPACE FOR THE DEPARTMENT OF SOCIAL SERVICES FOR Mr. Garnar made a motion, seconded by Mr. Whalen to Table the Resolution to a date uncertain. Motion failed. Ayes-3, Nays-11 (Keibel, Baldwin, Pasquale, Reynolds, Flagg, Myers, Sopchak, Wildoner, Bernhardsen, Baker, Marinich), Absent-1 (Heebner) Carried. Ayes-13, Nays-1 (Whalen), Absent-1 (Heebner) RESOLUTIONS INTRODUCED AT THIS SESSION RESOLUTION NO. 34 By County Administration Committee Seconded by Mr. Pasquale RESOLUTION APPOINTING THE HONORABLE STEPHEN J. FLAGG TO MEMBERSHIP ON THE BROOME COUNTY JURY BOARD WHEREAS, pursuant to Section 503 of the Judiciary Law, a member of the County Legislature must be appointed to the Broome County Jury Board, and WHEREAS, it is the desire of this Legislative body to appoint the Honorable Stephen J. Flagg, 51 Flagg Road, Binghamton, New York to said Board for a term to expire on December 31, 2016, now, therefore, be it RESOLVED, that this County Legislature hereby appoints the Honorable Stephen J. Flagg to the Broome County Jury Board for a term expiring on December 31, Carried. Ayes-13, Nays-0, Abstain-1 (Flagg), Absent-1 (Heebner) RESOLUTION NO. 35 By County Administration and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH XEROX SERVICES GROUP, FOR SOFTWARE MAINTENANCE AND SUPPORT FOR THE OFFICE OF THE COUNTY CLERK FOR WHEREAS, the County Clerk requests authorization for an agreement with XEROX SERVICES GROUP (formerly ACS Enterprise Solutions, LLC), for software maintenance and support for the Office of the County Clerk at an amount not to exceed $30,474, for the period January 1, 2015 through February 28, 2016, and WHEREAS, said services are necessary for maintenance and support for indexing, cashiering, and scanning hardware & software, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with XEROX SERVICES GROUP (formerly ACS Enterprise Solutions, LLC), 4301 Hacienda Drive Suite 130, Pleasanton, CA for hardware & software maintenance and support for the Office of the County Clerk for the period January 1, 2015 through February 28, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $30,474 for the term of the agreement, and be it 34 Regular Session of February 19, 2015

3 FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Hardware Maintenance), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 36 By Economic Development, Education & Culture Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE CORNELL COOPERTIVE EXTENSION OF BROOME COUNTY BOARD OF DIRECTORS WHEREAS, Debra A. Preston, Broome County Executive, pursuant to the authority vested in her by Section 2405 of the Broome County Charter and Administrative Code, has duly designated and appointed the following named individuals to membership on the Cornell Cooperative Extension of Broome County Board of Directors, for the term expiring December 31, 2016, subject to confirmation by this County Legislature: Scott D. Baker 25 Colpitts Drive Windsor, New York Jason E. Shaw 712 Stonefield Road Endwell, New York and WHEREAS, it is desired at this time to confirm said appointments, now, therefore, be it RESOLVED, that this County Legislature, pursuant to the provisions of Section 2405 of the Broome County Charter and Administrative Code, confirms the appointments of the abovenamed individuals to membership on the Cornell Cooperative Extension of Broome County Board of Directors for the term expiring December 31, 2016, in accordance with their appointment by the County Executive. RESOLUTION NO. 37 By Economic Development, Education and Culture Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE EN-JOIE GOLF COURSE ADVISORY COMMITTEE WHEREAS, Debra A. Preston, Broome County Executive, pursuant to the authority vested in her by Resolution 39 of 2006, has duly designated and appointed the following named individuals to membership on the En-Joie Golf Course Advisory Committee for the term expiring December 31, 2015, subject to confirmation by this County Legislature: Re-appointments David Baker James Corbin Pat Dorner 507 Mountain View Drive 124 West Edwards Street 75 Governeurs Lane Endicott, NY Endicott, NY Endicott, NY Dave Gouldin Tom Monticello Steve Bernstein 450 Plaza Drive 320 N. McKinley Avenue 820 Skylane Terrace Vestal, NY Endicott, NY Endicott, NY Jackie (Curtis) Sammon Daniel Schofield Len Basso 1109 Broad Street, 2nd Fl. 19 Cornell Avenue PO Box 1602 Endicott, NY Endicott, NY Binghamton, NY Regular Session of February 19,

4 Greg W. Baldwin 530 Paden Street Endicott, NY New Appointment Mark R. Whalen 11 The Arena Street Binghamton, NY and WHEREAS, it is desired at this time to confirm said appointments, now, therefore, be it RESOLVED, that this County Legislature, pursuant to Resolution 39 of 2006, confirms the appointments of the above-named individuals to membership on the En-Joie Golf Course Advisory Committee for the term expiring December 31, 2014, in accordance with their appointment by the County Executive. RESOLUTION NO. 38 By Economic Development, Education & Culture Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE BROOME COUNTY AGRICULTURAL AND FARM LAND PROTECTION BOARD WHEREAS, Jerry F. Marinich, Chairman of the Broome County Legislature, pursuant to the authority vested in him by Article 25AA of the Agriculture and Markets Law, has duly designated and appointed the following named individuals to membership on the Broome County Agricultural and Farm Land Protection Board, subject to confirmation by this County Legislature: Name Term Expiring Ronald J. Keibel New Appointment P.O. Box 395 Member, Broome County Legislature Whitney Point, NY December 31, 2016 Andrea Eichorn New Appointment 2859 NY Route 26 Agriculture Land Preservation Glen Aubrey, NY December 31, 2016 Dave Johnson Reappointment 131 Brooks Road Active Farmer Binghamton, NY December 31, 2016 and WHEREAS, it is desired at this time to confirm said appointments, now, therefore, be it RESOLVED, that this County Legislature, pursuant to the provisions of Article 25AA of the Agriculture and Markets Law, does hereby confirm the appointments of the above-named individuals to membership on the Broome County Agricultural and Farm Land Protection Board for the terms indicated, in accordance with their appointment by the Legislative Chair. RESOLUTION NO. 39 By Personnel, Health & Human Services and Finance Committees RESOLUTION AUTHORIZING PERSONNEL CHANGE REQUESTS FOR THE VETERANS SERVICES AGENCY RESOLVED, that in accordance with a request contained in PCR# from the Director of the Veterans Services Agency, this County Legislature hereby changes the position of Veteran s Director, Grade 24, Union Code 09 Admin, minimum salary $53,987, 37.5 hours weekly, budget line to Veterans Director, Grade 24, Union Code Regular Session of February 19, 2015

5 Admin, minimum salary $57,549, 40 hours weekly, budget line effective February 23, 2015, and, be it FURTHER RESOLVED, that in accordance with a request contained in PCR# from the Director of the Veterans Services Agency, this County Legislature hereby changes the position of Keyboard Specialist, Grade 8, Union Code 04 CSEA, minimum hourly salary $ , 37.5 hours weekly, budget line to Veterans Service Assistant, Grade 11, Union Code 04 CSEA, minimum hourly salary $ , 40 hours weekly, budget line effective February 23, RESOLUTION NO. 40 By Economic Development, Education and Culture Committee RESOLUTION CONFIRMING THE APPOINTMENTS TO MEMBERSHIP ON THE SOUTHERN TIER EAST REGIONAL PLANNING DEVELOPMENT BOARD WHEREAS, Jerry F. Marinich, Chairman of the Broome County Legislature, pursuant to the powers vested in him by Article 12B of the General Municipal Law, Resolution 230 of 1967, Resolution 416 of 1974, Resolution 48 of 1984, and Resolution 108 of 1987, has duly designated and appointed the following named individuals to membership on the Southern Tier East Regional Planning Development Board, for the terms indicated, subject to confirmation by this County Legislature: NAME TERM EXPIRING Joseph Mihalko December 31, Kneeland Avenue (Elected Binghamton City Official) Binghamton, New York Linda Shumaker December 31, Coventry Lane (Minority Representative) Binghamton, New York Elaine Miller December 31, 2016 PO Box 1766 (County Planning Department) Binghamton, New York Karl E. Bernhardsen December 31, Leroy Street (County Legislator) Binghamton, New York and WHEREAS, it is desired at this time, to confirm said appointments, now, therefore, be it RESOLVED, that this County Legislature, pursuant to the provisions of Article 12B of the General Municipal Law, Resolution 230 of 1967, Resolution 416 of 1974, Resolution 48, of 1984, and Resolution 108 of 1987, does hereby confirm the appointments of the above-named individuals to membership on the Southern Tier East Regional Planning Development Board for the terms indicated, in accordance with their appointment by the Legislative Chair. RESOLUTION NO. 41 By Economic Development, Education and Culture Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE BROOME COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD OF DIRECTORS WHEREAS, the Chair of the Broome County Legislature, pursuant to the powers vested in him by Resolution 27 of 1972, the Broome County Charter and Administrative Code, and Section 6 of the Soil and Water Conservation Districts Law, has duly designated and appointed, pending Regular Session of February 19,

6 confirmation by this Legislature, the following named individuals to membership on the Broome County Soil and Water Conservation District Board of Directors for the terms indicated: Name Term Expiring Kelly Wildoner December 31, Brady Hill Road Legislative Representative Binghamton, NY Ron Heebner December 31, Main Street #123 Legislative Representative Johnson City, NY David Bradstreet December 31, Perry Road Grange Representative Binghamton, NY Lester Price December 31, State Route 26 Farm Bureau Representative Whitney Point, NY and WHEREAS, it is desired at this time to confirm said appointments, now, therefore, be it RESOLVED, that this County Legislature, pursuant to the provisions of Resolution 27 of 1972, the Broome County Charter and Administrative Code and Section 6 of the Soil and Water Conservation Districts Law, does hereby confirm the appointments of the above-named individuals to membership on the Soil and Water Conservation District Board of Directors in accordance with their appointment by the Legislative Chair. RESOLUTION NO. 42 By Economic Development, Education & Culture Committee RESOLUTION AUTHORIZING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE TOWN OF TRIANGLE AND THE BROOME COUNTY DEPARTMENT OF PARKS, RECREATION AND YOUTH SERVICES FOR USE OF TOWN PROPERTY FOR 2015 WHEREAS, the Director of Parks, Recreation and Youth Services requests authorization for an inter-municipal agreement between the Town of Triangle and the Broome County Department of Parks, Recreation and Youth Services for use of Town property during the Crappie Derby on January 31, 2015, with an alternate date of February 14, 2015, and WHEREAS, said agreement will provide off-site parking at the Town of Triangle Highway Garage during the Crappie Derby, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an inter-municipal agreement between the Town of Triangle, PO Box 289, 2612 Liberty Street, Whitney Point, New York and the Broome County Department of Parks, Recreation and Youth Services for use of Town property during the Crappie Derby on January 31, 2015, with an alternate date of February 14, 2015, at no cost to the County, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 43 By Economic Development, Education & Culture and Finance Committees 38 Regular Session of February 19, 2015

7 RESOLUTION AUTHORIZING AN AGREEMENT WITH GRASSLAND EQUIPMENT IRRIGATION CORP. TO LEASE GOLF COURSE GROUNDS EQUIPMENT FOR THE DEPARTMENT OF PARKS, RECREATION AND YOUTH SERVICES FOR WHEREAS, the Division of Purchasing issued RFB Lease-to-Own Golf Course Grounds Equipment, and WHEREAS, as a result of said RFB, the Director of Golf requests authorization for an agreement with Grassland Equipment & Irrigation Corp. to lease golf course grounds equipment for the Department of Parks, Recreation and Youth Services, financed through TCE Equipment Finance, a Division of TCF National Bank, 1111 West San Marnan Drive, Suite A2 West, Waterloo, Iowa at the cost of $15, per year, total amount not to exceed $79, for the period February 1, 2015 through December 31, 2019, with the option to purchase said equipment for $1 at the conclusion of the period, and WHEREAS, said agreement is necessary to lease one three-wheel drive rough mower and one four-wheel drive rough mower for the En-Joie Golf Course, and WHEREAS, Grassland Equipment & Irrigation Corp. will credit Broome County $3,000 to trade in one 2011 Toro Groundsmaster 3500-D Rough Mower and $7,000 to trade in one 2011 John Deere 8800 Terrain Cut Rough Mower, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with Grassland Equipment & Irrigation Corp, 892 Troy-Schenectady Road, Latham, New York and TCF Equipment Finance, a Division of TCF National Bank, 111 West San Marnan Drive, Suite A2 West, Waterloo, Iowa to lease golf course grounds equipment for the Department of Parks, Recreation and Youth Services for the period February 1, 2015 through December 31, 2019, and be it FURTHER RESOLVED, that in consideration of said agreement, the County shall pay TFC Equipment Finance $15, per year, total amount not to exceed $79, for the term of the agreement, with the option to purchase said equipment for $1 at the conclusion of the period, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (County Rentals-Machinery), and be it FURTHER RESOLVED, that in consideration of said agreement Grassland Equipment & Irrigation Corp will credit Broome County $3,000 for one 2011 Toro Groundsmaster 3500 Rough Mower and $7,000 for one 2011 John Deere 8800 Terrain Cut Rough Mower, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 44 By Public Works & Transportation, Personnel and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE BINGHAMTON METROPOLITAN TRANSPORTATION STUDY (BMTS) GRANT AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 79 of 2014, authorized and approved renewal of the Binghamton Metropolitan Transportation Study (BMTS) Grant and adopted a program budget in the amount of $781,080 for the period April 1, 2014 through March 31, 2015, and WHEREAS, it is desired to renew said grant program in the amount of $721,820 for the period April 1, 2015 through March 31, 2016, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of Federal Highway Administration Grants in the amount of $558,849 and Federal Transit Regular Session of February 19,

8 Administration Grants in the amount of $122,856 for the Binghamton Metropolitan Transportation Study (BMTS) Grant for the period April 1, 2015 through March 31, 2016, and be it FURTHER RESOLVED, that this County Legislature hereby approves and adopts the program budget annexed hereto as Exhibit A in the total amount of $721,820, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution, and be it is hereby empowered (with the approval of the grantor agency) to reduce the time period of the grant provided there is no change in the grant budget or extend the terms of the grant agreement for the purpose of expending any unexpended grant funds, and be it (including the Director of the Office of Management and Budget and/or the Comptroller) is hereby authorized to make any transfers of funds required within this grant budget provided that employee head count is not increased, the County s contribution is not increased, and the salary rate or salary total for a position is not changed. RESOLUTION NO. 45 By Health & Human Services, Public Safety & Emergency Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE PORT CRANE FIRE COMPANY, INC FOR PHYSICAL EXAMINATIONS PROVIDED BY THE BROOME COUNTY HEALTH DEPARTMENT CLINICS DIVISION FOR WHEREAS, the Director of Public Health requests authorization for an agreement with the Port Crane Fire Company, Inc., for physical examinations provided by the Broome County Health Department Clinics Division with revenue to the County estimated at $4,000 for the period September 1, 2014 through August 31, 2016, and WHEREAS, said agreement is necessary to perform physical exams based on the National Fire Protection Association 1582 Standards for Firefighters for volunteer firefighters of the Port Crane Fire Company, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Port Crane Fire Company, Inc., 844 NY Route 369, Port Crane, New York for physical examinations provided by the Broome County Health Department Clinics Division for the period September 1, 2014 through August 31, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the Contractor shall pay the County at the rates listed on Exhibit A, total amount estimated at $4,000 per year for the term of the agreement, and be it FURTHER RESOLVED, that the revenue hereinabove authorized shall be credited to budget line (Fees for Services), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 46 By Health & Human Services Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE BROOME COUNTY FAMILY VIOLENCE PREVENTION COUNCIL WHEREAS, Debra A. Preston, Broome County Executive, pursuant to the authority vested in her by Resolution 477 of 1985, as amended by Resolutions 277 of 1990 and 171 of 40 Regular Session of February 19, 2015

9 1999, has duly designated and appointed the following named individuals to membership on the Broome County Family Violence Prevention Council, for the terms indicated, subject to confirmation by this County Legislature: NAME TERM EXPIRING Raini Baudendistel 12/31/ Blakesley Nurse Hollow Road Reappointment Afton, NY Colleen Coddington 12/31/ Ronan Street Reappointment Binghamton, NY Arthur Garrison 12/31/ Schuyler Street Reappointment Endicott, NY Arthur Johnson 12/31/ Phelps Street Reappointment Binghamton, NY Gerald Mollen 12/31/ Emerson Place Reappointment Vestal, NY William Trass 12/31/ Laurel Road Reappointment Greene, NY Lorraine Wilmot 12/31/ East Street Reappointment Binghamton, NY Francis L. Battisti 12/31/ Knight Road Reappointment Vestal, NY Karen Foley 12/31/ Pierce Hill Road New appointment Vestal, NY Carrie Moylan 12/31/ Crestmont Road New appointment Binghamton, NY Linda Phelps 12/31/ Montague Street New appointment Binghamton, NY and Jenny Almanzar 12/31/ Dover Avenue New appointment Endicott, NY WHEREAS, it is desired at this time to confirm said appointment, now, therefore, be it Regular Session of February 19,

10 RESOLVED, that this County Legislature, pursuant to the provisions of Resolution 477 of 1985, as amended by Resolutions 277 of 1990 and 171 of 1999, confirms the appointments of the above-named individual to membership on the Broome County Family Violence Prevention Council for the terms indicated, in accordance with their appointment by the County Executive. RESOLUTION NO. 47 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING REVISION OF THE HEALTH INSURANCE INFORMATION AND COUNSELING ASSISTANCE PROGRAM (HIICAP) GRANT FOR THE OFFICE FOR AGING, ADOPTING A REVISED PROGRAM BUDGET AND AUTHORIZING AMENDMENT TO THE AGREEMENT WITH ACTION FOR OLDER PERSONS, INC., TO ADMINISTER SAID PROGRAM FOR WHEREAS, this County Legislature, by Resolution 110 of 2014, as amended by Resolution 369 of 2014, authorized renewal of the Health Insurance Information and Counseling Assistance Program for the Office for Aging, adopted a program budget in the amount of $32,270 and authorized an agreement with Action for Older Persons, Inc. to administer said program for the period April 1, 2014 through March 31, 2015, and WHEREAS, said program grant provides for recruitment and training of volunteers for health insurance counseling, and WHEREAS, it is necessary at this time to revise said program to reflect an increase of $4,437 in grant appropriations and amend the agreement with Action for Older Persons, Inc., to reflect an increase of $4,437, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a revision of the Health Insurance Information and Counseling Assistance Program Grant to reflect an increase of $4,437 for the period April 1, 2014 through March 31, 2015, and be it FURTHER RESOLVED, that this County Legislature hereby approves and adopts the revised program budget annexed hereto as Exhibit "A" in the total amount of $36,707, and be it FURTHER RESOLVED, that this County Legislature hereby authorizes an amendment to the agreement with Action for Older Persons, Inc., 30 West State Street, Binghamton, New York 13901, to reflect an increase of $4,437 to administer the Office for Aging s Health Insurance Information and Counseling Assistance Program for the period April 1, 2014 through March 31, 2015, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $33,707 for the term of the agreement, and be it FURTHER RESOLVED, that Resolutions 110 and 369 of 2014, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby authorized to execute any such agreements, documents or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution, and be it is hereby empowered (with the approval of the grantor agency) to reduce the time period of the grant provided there is no change in the grant budget or extend the terms of the grant agreement for the purpose of expending any unexpended grant funds, and be it (including the Director of Management and Budget and/or Comptroller) is hereby authorized to make any transfers of funds within this grant budget provided that employee head count is not increased, the County s contribution is not increased, and the salary rate or salary total for a position is not changed. 42 Regular Session of February 19, 2015

11 RESOLUTION NO. 48 By Health & Human Services, Personnel and Finance Committees RESOLUTION AUTHORIZING REVISION OF THE EXPANDED IN-HOME FOR THE ELDERLY PROGRAM (EISEP) GRANT FOR THE OFFICE FOR AGING AND ADOPTING A REVISED PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 112 of 2014, authorized and approved renewal of the Expanded In-Home for the Elderly Program (EISEP) Grant for the Office for Aging and adopted a program budget in the amount of $862,655 for the period April 1, 2014 through March 31, 2015, and WHEREAS, said program grant provides personal care and housekeeper/chore services and case management of clients, and WHEREAS, it is necessary at this time to revise said program to reflect an increase in the amount of $33,070 in grant appropriations, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a revision of the Expanded In- Home for the Elderly Program (EISEP) Grant to reflect an increase of $33,070 for the period April 1, 2014 through March 31, 2015, and be it FURTHER RESOLVED, that this County Legislature hereby approves and adopts the revised program budget annexed hereto as Exhibit "A" in the total amount of $895,725, and be it FURTHER RESOLVED, that Resolution 112 of 2014, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby authorized to execute any such agreements, documents or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution, and be it is hereby empowered (with the approval of the grantor agency) to reduce the time period of the grant provided there is no change in the grant budget or extend the terms of the grant agreement for the purpose of expending any unexpended grant funds, and be it (including the Director of Management and Budget and/or Comptroller) is hereby authorized to make any transfers of funds within this grant budget provided that employee head count is not increased, the County s contribution is not increased, and the salary rate or salary total for a position is not changed. RESOLUTION NO. 49 By Health & Human Services, Personnel and Finance Committees RESOLUTION AUTHORIZING REVISION OF THE WELLNESS IN NUTRITION (WIN) PROGRAM GRANT FOR THE OFFICE FOR AGING AND ADOPTING A REVISED PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 114 of 2014, authorized and approved renewal of the Wellness in Nutrition Program Grant for the Office for Aging and adopted a program budget in the amount of $363,430 for the period April 1, 2014 through March 31, 2015, and WHEREAS, said program grant provides supplemental funding for congregate meals and home delivered meals as well as nutrition education and counseling, and WHEREAS, it is necessary at this time to revise said program to reflect an increase in the amount of $9,181 in grant appropriations, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a revision of the Wellness in Nutrition (WIN) Program Grant to reflect an increase of $9,181 for the period April 1, 2014 through March 31, 2015, and be it FURTHER RESOLVED, that this County Legislature hereby approves and adopts the revised program budget annexed hereto as Exhibit "A" in the total amount of $372,611, and be it Regular Session of February 19,

12 FURTHER RESOLVED, that Resolution 114 of 2014, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby authorized to execute any such agreements, documents or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution, and be it is hereby empowered (with the approval of the grantor agency) to reduce the time period of the grant provided there is no change in the grant budget or extend the terms of the grant agreement for the purpose of expending any unexpended grant funds, and be it (including the Director of Management and Budget and/or Comptroller) is hereby authorized to make any transfers of funds within this grant budget provided that employee head count is not increased, the County s contribution is not increased, and the salary rate or salary total for a position is not changed. RESOLUTION NO. 50 By Health & Human Services, Personnel and Finance Committees RESOLUTION AUTHORIZING REVISION OF THE COMMUNITY SERVICES FOR THE ELDERLY PROGRAM GRANT FOR THE OFFICE FOR AGING AND ADOPTING A REVISED PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 113 of 2014, authorized and approved renewal of the Community Services for the Elderly Program Grant for the Office for Aging and adopted a program budget in the amount of $681,563 for the period April 1, 2014 through March 31, 2015, and WHEREAS, said program grant provides for a variety of services including social day care, transportation, Senior Helpers, Employment Match Program, case management and information assistance, and WHEREAS, it is necessary at this time to revise said program to reflect a decrease in the amount of $9,724 in grant appropriations, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a revision of the Community Services for the Elderly Program Grant to reflect a decrease of $9,724 for the period April 1, 2014 through March 31, 2015, and be it FURTHER RESOLVED, that this County Legislature hereby approves and adopts the revised program budget annexed hereto as Exhibit "A" in the total amount of $671,839, and be it FURTHER RESOLVED, that Resolution 113 of 2014, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby authorized to execute any such agreements, documents or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution, and be it is hereby empowered (with the approval of the grantor agency) to reduce the time period of the grant provided there is no change in the grant budget or extend the terms of the grant agreement for the purpose of expending any unexpended grant funds, and be it (including the Director of Management and Budget and/or Comptroller) is hereby authorized to make any transfers of funds within this grant budget provided that employee head count is not increased, the County s contribution is not increased, and the salary rate or salary total for a position is not changed. 44 Regular Session of February 19, 2015

13 RESOLUTION NO. 51 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE AGREEMENT WITH CST/YOUR LINK TO LIFE AND PROJECT H.E.A.R. FOR PERSONAL EMERGENCY RESPONSE SERVICES FOR THE OFFICE FOR AGING FOR WHEREAS, this County Legislature, by Resolution 61 of 2014 authorized renewal of the agreement with CST/Your link to Life and Project H.E.A.R. for personal emergency response services for the Office for Aging at the current Medicaid rates for the period April 1, 2014 through March 31, 2015, and WHEREAS, said agreements are necessary to provide installation and monitoring of personal emergency response units for Office for Aging clients as needed, and WHEREAS, said agreements expire by their terms on March 31, 2015 and it is desired at this time to renew said agreements on substantially similar terms and conditions, at the current Medicaid rates, not to exceed budget appropriations for the period April 1, 2015 through March 31, 2016, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes the renewal of the agreement with CST/Your Link to Life, Haggerty Road, Farmington Hills, Michigan for personal emergency response services for the Office for Aging with initial installation charge of $30, additional pendant monitoring fee of $8 and a monthly service fee of $24 for the period April 1, 2015 through March 31, 2016 and be it RESOLVED, that this County Legislature hereby authorizes the renewal of the agreement with Project H.E.A.R., 4401 Vestal Parkway E., Vestal, New York for personal emergency response services for the Office for Aging with an initial installation charge of $35 and a monthly service fee of $25 for the period April 1, 2015 through March 31, 2016 FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractors at the current Medicaid rates, not to exceed budgeted appropriations for the term of the agreement, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Subcontracted Program Expense), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 52 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE AGREEMENT WITH SOUTHERN TIER INDEPENDENCE CENTER TO ACT AS FISCAL INTERMEDIARY FOR CONSUMER DIRECTED SERVICES FOR THE OFFICE FOR AGING S EISEP GRANT FOR WHEREAS, this County Legislature, by Resolution 59 of 2014, authorized renewal of the agreement with Southern Tier Independence Center to act as fiscal intermediary for consumer directed services for the Office for Aging s EISEP Grant, at the Medicaid rate of $15.14 per hour, for the period January 1, 2014 through March 31, 2015, and WHEREAS, said agreement is necessary to operate a Consumer Directed Personal Assistance Program that allows eligible consumers to hire, train, supervise and dismiss if necessary, their own Personal Assistants, and WHEREAS, said agreement expires by its terms on March 31, 2015, and it is desired at this time to renew said agreement on substantially similar terms and conditions, at the current Medicaid rate of $15.41 per hour, which will be replaced by the new Medicaid rate when approved, for the period April 1, 2015 through March 31, 2016, and RESOLVED, that this County Legislature hereby authorizes renewal of the agreement with Southern Tier Independence Center, 135 East Frederick Street, Binghamton, New York to act Regular Session of February 19,

14 as fiscal intermediary for consumer directed services for the Office for Aging s EISEP Grant for the period April 1, 2015 through March 31, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor at the current Medicaid rate of $15.41 per hour which will be replaced by the new Medicaid rate when approved, for the term of the agreement, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Subcontracted Program Expense), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 53 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE AGREEMENTS WITH VARIOUS VENDORS FOR PERSONAL CARE/HOMEMAKER SERVICES FOR THE OFFICE FOR AGING S EXPANDED IN-HOME SERVICES FOR THE ELDERLY PROGRAM FOR WHEREAS, this County Legislature, by Resolution 60 of 2014, authorized agreements with various vendors for personal care/homemaker services for the Office for Aging s Expanded In-Home Services for the Elderly Program at the current approved Medicaid rate for Nursing Supervisor and the current Medicaid fixed rates for the Personal Care/Homemaker Service, for the period April 1, 2014 through March 31, 2015, and WHEREAS, said agreements are necessary to provide personal care/homemaker services and nursing visits to EISEP clients, and WHEREAS, said agreements expire by their terms on March 31, 2015, and it is desired at this time to renew said agreement on substantially similar terms and conditions, at the current approved Medicaid rate for Nursing Supervisor and the current Medicaid fixed rates as stated below for the Personal Care/Homemaker Service, for the Office for Aging s Expanded In-Home Services for the Elderly Program for the period April 1, 2015 through March 31, 2016, and WHEREAS, because the Medicaid rate changes from time to time, Broome County will pay the contractor for the Personal Care/Homemaker Service the current Medicaid rate listed below, and the Nurse Supervisor will be paid at the current approved Medicaid rates listed below, unless the rates decrease or increase, they will be paid at the lower or higher amount, retroactive to April 1, 2015, now therefore, be it RESOLVED, that this County Legislature hereby authorizes the renewal of the agreements with the vendors listed below at the current approved State Medicaid rates for Nursing Supervisor and the current Medicaid fixed rates stated below for the Personal Care/Homemaker Service, for the Office for Aging s Expanded In-Home Care for the Elderly Program for the period April 1, 2015 through March 31, 2016: CA# Vendor ID# Interim Healthcare Systems 38 Front Street, Suite D Binghamton, New York Hourly Rate Personal Care: $21.19 Hourly Rate-Nurse Supervisor: $72.79 Contract # Vendor ID# Family & Children s Society of Broome County 257 Main Street Binghamton, New York Hourly Rate-Personal Care: $20.40 Hourly Rate-Nurse Supervisor: $61.93 CA# Vendor ID# Stafkings Healthcare Systems P.O. Box 1015 Binghamton, New York Hourly Rate Personal Care: $20.58 CA# Vendor ID# Homemakers of Broome County DBA Caregivers 700 Harry L. Drive, Suite 120 Johnson City, New York Regular Session of February 19, 2015

15 Hourly Rate-Nurse Supervisor: $ Hourly Rate Personal Care: $18.22 Hourly Rate-Nurse-Supervisor: $77.07 and be it FURTHER RESOLVED, that Broome County will pay the contractor for the Personal Care/Homemaker the current Medicaid rate listed, unless the Medicaid rate for the Personal Care/Homemaker Service decreases, then the County will pay the reduced rate, retroactive to April 1, 2015 should the Medicaid rates increase, the County will pay the higher rate retroactive to April 1, 2015, and be it FURTHER RESOLVED, the Nurse Supervisor will be paid the current Medicaid rate listed, unless the Medicaid rate for the Nurse Supervisor decreases, then the County shall pay the reduced rate, retroactive to April 1, 2015 should the Medicaid rate for the Nurse Supervisor increase, the County will pay the higher rate retroactive to April 1, 2015, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Subcontracted Program Expense), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 54 By Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH VISITING NURSE SERVICE OF NEW YORK (VNSNY) CHOICE HEALTH PLANS FOR HOME DELIVERED MEALS AND/OR ADULT DAY SERVICES PROVIDED BY THE OFFICE FOR AGING FOR WHEREAS, this County Legislature by Resolution 220 of 2012, authorized an agreement with VNSNY Choice Health Plans for home delivered meals and/or adult day services provided by the Office for Aging with revenue to the County of $5.35 per home delivered meal, $5.41 per congregate meal, $12 per one way trip of transportation and $42 per full adult day services (including a congregate meal provided by the Office for Aging) for the period July 1, 2012 through March 31, 2015, and WHEREAS, said agreement is necessary for the Office for Aging to provide home delivered meals and/or adult day services (which includes a congregate meal) to VNSNY Choice Health Plans managed care program clients, and WHEREAS, said agreement expires by its terms on March 31, 2015, and it is desired at this time to renew said agreement on substantially similar terms and conditions, for the period April 1, 2015 through March 31, 2018, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes renewal of the agreement with VNSNY Choice Health Plans, 1250 Broadway, New York, New York 10001, for home delivered & congregate meals and adult day services provided by the Office for Aging for the period April 1, 2015 through March 31, 2018, and be it FURTHER RESOLVED, that in consideration of said services, the Contractor shall pay the County $5.35 per home delivered meal, $5.41 per congregate meal, $12 per one way trip of transportation and $42 per full adult day services (including a congregate meal provided by the Office for Aging), for the term of the agreement, and be it FURTHER RESOLVED, that these rates will be reviewed annually and adjusted if necessary for the term of the agreement, and be it FURTHER RESOLVED, that the revenue hereinabove authorized shall be credited to budget lines and (Long Term Home Health Care Fees), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to Regular Session of February 19,

16 form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 55 By Public Safety and Emergency Services Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE BROOME COUNTY FIRE ADVISORY BOARD WHEREAS, Debra A. Preston, Broome County Executive, pursuant to the authority vested in her by Article XIX of the Broome County Charter and Administrative Code, has duly designated and appointed the following named individuals to membership on the Broome County Fire Advisory Board, for the term expiring December 31, 2015, subject to confirmation by this County Legislature: Greg W. Baldwin 530 Paden Street Endicott, NY Mark R. Whalen 11 The Arena Street Binghamton, NY Michael P. Sopchak 151 Deyo Hill Road Johnson City, NY and WHEREAS, it is desired at this time to confirm said appointments, now, therefore, be it RESOLVED, that this County Legislature, pursuant to the provisions of Article XIX of the Broome County Charter and Administrative Code, confirms the appointments of the abovenamed individuals to membership on the Broome County Fire Advisory Board for the term expiring December 31, 2015, in accordance with their appointment by the County Executive. RESOLUTION NO. 56 By Public Safety & Emergency Services Committee RESOLUTION AUTHORIZING AN INTERMUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF ENDICOTT AND ITS POLICE DEPARTMENT AND THE BROOME COUNTY OFFICE OF THE SHERIFF FOR LAW ENFORCEMENT TACTICAL TEAM COOPERATION WHEREAS, the Sheriff requests authorization for an intermunicipal agreement between the Village of Endicott and its Police Department and the Broome County Office of the Sheriff for law enforcement tactical team cooperation, and WHEREAS, Section 119-o of the General Municipal Law permits municipal corporations to enter into agreements for the performance amongst themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis or for the provision of a joint service, and WHEREAS, the parties hereto have experienced within their jurisdictions a potential need for the joint response of both parties police tactical teams to deal with certain criminal acts or threats including but not limited to barricaded suspects, hostage takers, or other persons committing violent acts that may be more effectively dealt with through the use of a specially trained tactical team rather than standard police operations, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an intermunicipal agreement between the Village of Endicott and its Police Department, 1101 Park Street, Endicott, New York and the Broome County Office of the Sheriff for law enforcement tactical team 48 Regular Session of February 19, 2015

17 cooperation as outlined in the Tactical Team Cooperation Agreement, attached as Exhibit A, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to form by the Department of Law, as may be necessary to implement the intent and purpose of this Resolution. RESOLUTION NO. 57 By Public Works & Transportation and Finance Committees RESOLUTION AUTHORIZING THE IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL AID PROGRAM AND STATE MARCHISELLI PROGRAM AID ELIGIBLE COSTS (SUPPLEMENTAL AGREEMENT NO. 1) OF A TRANSPORTATION FEDERAL-AID PROJECT AND APPROPRIATING FUNDS THEREFORE WHEREAS, this County Legislature approved a Project for County Routes 5, 45, 52, 57, 76, 80, 117 and 121 in Broome County, PIN (the Project) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, this County Legislature, by Resolution 12 of 2011, authorized an agreement with the New York State Department of Transportation for funding of the Federal Emergency Relief Project for the Department for Public Works Project PIN , and WHEREAS, it is necessary at this time to approve supplemental Agreement #1 to Federal Emergency Relief Project Agreement D for work associated with the storm of January 24-25, 2010 on County Routes 5, 45, 52, 57, 76, 80, 117 and 121 in Broome County, to reflect a total project decrease of $88,462, and WHEREAS, the County of Broome desires to advance the Project by approving Supplemental Agreement No. 1 and therefore making a commitment to pay in the first instance 100% of the Federal and non-federal share of the cost for the Construction and Construction Supervision and Inspection work, now, therefore, be it RESOLVED, that the Broome County Legislature hereby authorizes the County of Broome to pay in the first instance 100% of the Federal and non-federal share, Supplemental Agreement No. 1, for the Construction and Construction Supervision and Inspection work for the Project or portions thereof, and be it FURTHER RESOLVED, that the total sum of $554,165 is hereby approved and made available to cover the cost of participation in the above phase of the Project, and be it FURTHER RESOLVED, that in the event the full Federal and non-federal share costs of the project exceeds the amount appropriated above, the Broome County Legislature shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and be it FURTHER RESOLVED, that the County Executive of the County of Broome be and is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for Federal Aid and/or Marchiselli Aid on behalf of the County of Broome with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality s first instance funding of project costs and permanent funding of the local share of Federal-aid and State-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it FURTHER RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it FURTHER RESOLVED, that this Resolution shall take effect immediately. Regular Session of February 19,