BROOME COUNTY LEGISLATURE REGULAR SESSION FEBRUARY 21, 2013

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1 BROOME COUNTY LEGISLATURE REGULAR SESSION FEBRUARY 21, 2013 The Legislature convened at 5:00 p.m. with a call to order by the Chair, Jerry F. Marinich. The Clerk, Aaron M. Martin, read the fire exit announcement and called the Attendance Roll, Present- 15, Absent-0. The Chair, Mr. Marinich led the members of the Legislature in the Pledge of Allegiance to the Flag. The Clerk, Aaron M. Martin offered the invocation followed by a moment of silence. ANNOUNCEMENTS FROM THE CHAIR Mr. Black and Mr. Garnar were designated with Chairman Marinich as participants in the Short Roll Call. Mr. Marinich presented a Proclamation to Wendy s Walk for Kids representative s Jeff Coughlin and Keli Cooper for being named the 2012 Champions Tour Charity of the Year. WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY EXECUTIVE: A. Letters from the County Executive, Debra A. Preston: 1. Appointments to Fire Advisory Board 2. Appointments to Youth Bureau Advisory Board 3. Appointment to Community Services Advisory Board 4. Appointment to CASA Advisory Board 5. Appointments to Board of Ethics 6. Appointments to En-Joie Golf Course Advisory Committee 7. Appointments to STOP-DWI Advisory Board 8. State of County Address 2/14/13 WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY LEGISLATURE A. Letters from the Chair, Jerry F. Marinich: 1. Designation for Mr. Sopchak 1/31/13 2. Appointments to Agricultural & Farmland Protection Board Mr. Pasquale made a motion, seconded by Mr. D. J. Reynolds, that the Regular Session minutes of January 17, 2013 and January 31, 2013 be approved as prepared and presented by the Clerk. Carried. Ayes-15 Nays-0. Mr. Marinich noted that the committee minutes for the period January 17, 2013 through February 20, 2013 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. Flagg, seconded Mr. Wildoner.. PRESENTATION OF PETITIONS, COMMUNICATIONS, NOTICES & REPORTS A. PETITIONS: None B. COMMUNICATIONS: 1. BC Soil & Water Directors Meeting Minutes 12/18/12 2. County Clerk County Offices to be voted upon at 11/5/13 General Election 3. Czerenda Court Reporting 2013 County Budget Public Hearing Transcript 4. BCC December 2012 Budget Transfers 5. BCC Board of Trustees Meeting Minutes 12/13/12 6. Legislative Clerk Certificate of Membership for BC IDA Regular Session of February 21,

2 7. NYS ORPTS Residential Assessment Ratio for Village of Deposit 8. BC Soil & Water Directors Meeting Minutes 1/15/13 9. County Clerk January 2013 Oil & Gas Revenues C. NOTICES: 1. DPW Notice of Public Meeting re: Hooper Road Bridge over Route 17C Rehabilitation Project 1/29/13 2. Legislative Clerk Notice of Special Joint County Administration & Finance Committee Meeting and Special Session 1/31/13 3. Legislature Clerk February 2013 Schedule/Agendas for Committees & Notice of Session 4. Legislative Clerk Notice of Special Session 2/14/13 D. REPORTS: 1. RPTS 2011 In-rem Final Date of Redemption Report 2. Appel Osborne Binghamton CSD MacArthur SEQRA Report 3. OMB 2012 Fourth Quarterly sales Tax Report 4. Public Defender 2012 Annual Report 5. Audit 2012 Third Quarter Accounts Payable Documentation Audit Report 6. BCC January 2013 Above Minimum Hire Report RESOLUTIONS HELD OVER OR DEFERRED FROM A PREVIOUS SESSION RESOLUTION NO. 19 By Health & Human Services and Finance Committees Seconded by Mr. D. D. Reynolds RESOLUTION AUTHORIZING AGREEMENT WITH STEVE REAGAN, LNHA, FOR CONSULTING SERVICES FOR WILLOW POINT NURSING HOME (WPNH) FOR 2013 Mr. Hutchings made a motion, seconded by Mr. Garnar to table the Resolution to a date concurrent with Resolution Intro. #29 Establishing a Policy that Prohibits Rehiring Retires County Employees as Paid Consultants. Motion to table failed. Ayes-5, Nays-10 (Black Jensen, Pasquale, Flagg, Keibel, Sopchak, Wildoner, D. J. Reynolds, Baker, Marinich). Carried. Ayes-8, Nays-7 (Garnar, Fiala, D. D. Reynolds, Pasquale, McCabe, Hutchings, D. J. Reynolds). RESOLUTION NO. 49 By County Administration and Finance Committees Seconded by Mr. Wildoner RESOLUTION AUTHORIZING AN AGREEMENT WITH THE INDUSTRIAL DEVELOPMENT AGENCY FOR FUNDING FOR THE OFFICE OF ENERGY DEVELOPMENT FOR Carried. Ayes-10, Nays-5 (Garnar, Fiala, D. D. Reynolds, McCabe, Hutchings). RESOLUTION NO. 52 By County Administration, Economic Development, Education & Culture, Health & Human Services, Personnel and Finance Committees Seconded by Mr. Wildoner RESOLUTION AUTHORIZING, CREATING AND ESTABLISHING AN OFFICE OF ENERGY DEVELOPMENT WITHIN THE OFFICE OF THE COUNTY EXECUTIVE Mr. Garnar made a motion, seconded by Mr. Hutchings to table the Resolution to the March Session or until after a Public Hearing is conducted. Motion to table failed. Ayes-5, Nays-10 (Black Jensen, Pasquale, Flagg, Keibel, Sopchak, Wildoner, D. J. Reynolds, Baker, Marinich). Carried. Ayes-10, Nays-5 (Garnar, Fiala, D. D. Reynolds, McCabe, Hutchings). RESOLUTIONS INTRODUCED AT THIS SESSION 60 Regular Session of February 21, 2013

3 Resolutions were acted upon out of order, but for the purpose of clarity, they are presented here in numerical order. RESOLUTION NO. 60 By County Administration Committee RESOLUTION AUTHORIZING THE APPOINTMENT OF EUGENE D. FAUGHNAN AS BROOME COUNTY COMMISSIONER OF ELECTIONS FOR THE TERM WHEREAS, According to Section of the Election Law of the State of New York, County Legislative Boards may appoint Board of Election Commissioners to either two year or four year terms, and WHEREAS, it has been the practice of the Broome County Legislature to appoint Board of Election Commissioners to four year terms, and WHEREAS, the Secretary of the Broome County Republican Committee has filed with the Clerk of this Legislature, on behalf of the Broome County Republican Committee and in compliance with the appropriate provisions of law, the required certificate recommending the appointment of Eugene D. Faughnan to serve as a Commissioner of Elections for Broome County, now, therefore, be it RESOLVED, that in accordance with the appropriate provisions of law, and the Broome County Charter and Administrative Code, Eugene D. Faughnan, residing at 25 Rugby Road, Binghamton, NY be and hereby is appointed Republican Election Commissioner of Broome County, New York for a four year term commencing January 1, 2013 through December 31, RESOLUTION NO. 61 By County Administration Committee RESOLUTION AUTHORIZING THE APPOINTMENT OF JOHN PERTICONE AS BROOME COUNTY COMMISSIONER OF ELECTIONS FOR THE TERM WHEREAS, according to Section of the Election Law of the State of New York, County Legislative Boards may appoint Board of Election Commissioners to either two year or four year terms, and WHEREAS, it has been the practice of the Broome County Legislature to appoint Board of Election Commissioners to four year terms, and WHEREAS, the Chair of the Broome County Democratic Committee has filed with the Clerk of this Legislature, on behalf of the Broome County Democratic Committee, and in compliance with the appropriate provisions of law, the required certificate recommending the appointment of John Perticone to serve as a Commissioner of Elections for Broome County, now, therefore, be it RESOLVED, that in accordance with the appropriate provisions of law, and the Broome County Charter and Administrative Code, John Perticone, residing at 12 Cornell Avenue, Binghamton, New York be and hereby is appointed Democratic Election Commissioner of Broome County, New York for a four year term commencing January 1, 2013 through December 31, RESOLUTION NO. 62 By Finance Committee RESOLUTION WITH RESPECT TO THE REAUTHORIZATION TO IMPOSE SALES AND COMPENSATING USE TAX IN BROOME COUNTY WHEREAS, Section 1210 of the Tax Law currently permits Broome County to impose an additional one percent Sales and Compensating Use Tax, and WHEREAS, said authorization expires on November 30, 2013, and Regular Session of February 21,

4 WHEREAS, Broome County wishes to have said authorization extended by the New York State Legislature for an additional two years to November 30, 2015, now, therefore, be it RESOLVED, that this County Legislature requests the New York State Legislature introduce an amendment to the Tax Law authorizing and empowering the County of Broome to continue to impose the additional one percent Sales and Compensating Use Tax through November 30, 2015, and be it FURTHER RESOLVED, that the Clerk of the Legislature shall forward a copy of this Resolution to the New York State Legislature. RESOLUTION NO. 63 By Economic Development, Education & Culture and Finance Committees RESOLUTION AUTHORIZING ACCEPTANCE OF A YOUR LIBRARY PROGRAM GRANT FOR THE BROOME COUNTY PUBLIC LIBRARY AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, the Director of the Library requests authorization to accept a Your Library Program Grant and adopt a program budget in the amount of $1,000 for the period October 11, 2012 through December 31, 2013, and WHEREAS, said program grant provides high interest-low level reading books for adults who are learning to read, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $1,000 from the Community Foundation of South Central NY, 520 Columbia Drive, Suite 100, Johnson City, New York for the Broome County Public Library s Your Library Program Grant for the period October 11, 2012 through December 31, 2013, 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 $1,000, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to 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 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. 64 By Economic Development, Education & Culture Committee RESOLUTION CONFIRMING APPOINTMENTS TO MEMBERSHIP ON THE BROOME COUNTY CENTRAL LIBRARY BOARD OF TRUSTEES WHEREAS, Debra A. Preston, Broome County Executive, pursuant to the authority vested in her by Resolution 221 of 1984, has duly designated and appointed the following named individuals to membership on the Broome County Central Library Board of Trustees, for the terms indicated, subject to confirmation by this County Legislature: NAME TERM EXPIRING John Milward Meador, Jr. 12/31/ Dellwood Road Reappointment 62 Regular Session of February 21, 2013

5 Binghamton, New York Journal of Proceedings Lisa Kost 12/31/ Lathrop Avenue New Appointment 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 Resolution 221 of 1984, hereby confirms the appointment of the above-named individuals to membership on the Broome County Library Board of Trustees for the terms indicated, in accordance with their appointment by the County Executive RESOLUTION NO. 65 By Public Safety & Emergency Services and Finance Committees RESOLUTION AUTHORIZING ACCEPTANCE OF FUNDING FROM THE GOVERNOR S TRAFFIC SAFETY COMMITTEEE FOR THE DEPARTMENT OF PROBATION S IGNITION INTERLOCK DEVICE MONITORING PROGRAM FOR WHEREAS, the New York State Division of Criminal Justice Services will reimburse Broome County agencies $ for each sentencing order received which requires Ignition Interlock Device installation and monitoring; the Probation Department will receive reimbursement on Probation cases and the District Attorney s Office will receive reimbursement on Conditional Discharges, total amount not to exceed $53,451, and WHEREAS, the Director of Probation requests authorization to accept Governor s Traffic Safety Committee funding in the amount of $ per Probation case sentencing order received which requires an Ignition Interlock Device, for the Department of Probation s Ignition Interlock Device Monitoring Program for the period October 1, 2012 through September 30, 2013, total amount not to exceed $53,451 for the Department of Probation and the Office of the District Attorney, and WHEREAS, said funding will help defray the costs of implementing Leandra s Law and the supervision and monitoring associated with Ignition Interlock Devices, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $ per Probation case sentencing order received which requires an Ignition Interlock Device, from the New York State Division of Criminal Justice Services, 4 Tower Place, Albany, New York for the Department of Probation s Ignition Interlock Device Monitoring Program for the period October 1, 2012 through September 30, 2013, total amount not to exceed $53,451 for the Department of Probation and the Office of the District Attorney, and be it FURTHER RESOLVED, that the Department of Probation s reimbursement funding authorized above shall be credited to budget line (Probation Services), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to 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 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. Regular Session of February 21,

6 RESOLUTION NO. 66 By Public Works & Transportation and Finance Committees RESOLUTION AUTHORIZING AMENDMENT TO THE AGREEMENT WITH ARCADIS OF NEW YORK, INC. FOR PROFESSIONAL ENGINEERING SERVICES AT THE COLESVILLE LANDFILL FOR THE DIVISION OF SOLID WASTE MANAGEMENT FOR WHEREAS, this County Legislature, by Resolution 70 of 2009, as amended by Resolutions 92 of 2010, 84 of 2011, 53 and 522 of 2012, authorized an agreement with ARCADIS of New York, Inc. for professional engineering services at the Colesville Landfill for the Division of Solid Waste Management at an amount not to exceed $939,300 for the period March 1, 2009 through February 28, 2013, and WHEREAS, said agreement is necessary for the continued implementation, operation and maintenance of the groundwater cleanup and water quality monitoring, including improvements/testing as required by the United States Environmental Protection Agency, and WHEREAS, it is necessary to authorize the amendment of said agreement to increase the not to exceed amount by $115,800 and extend the term of the agreement through February 28, 2014, and WHEREAS, the Commissioner of Public Works has requested authorization for said amendments as approved by the Department of Law, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an amendment to the agreement with ARCADIS of New York, Inc., Two Huntington Quadrangle, Suite 1S10, Melville, New York for professional engineering services for the Division of Solid Waste Management to increase the not to exceed amount by $115,800 and extend the term of the agreement through February 28, 2014, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $1,055,100, for the term of the agreement, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Other Fees for Service), and be it FURTHER RESOLVED, that Resolutions 70 of 2009, 92 of 2010, 84 of 2011, 53 and 522 of 2012, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 67 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE AGREEMENT WITH JEANNE STRACUZZI, R.D. FOR NUTRITION COUNSELING FOR THE OFFICE FOR AGING S SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM FOR WHEREAS, this County Legislature, by Resolution 43 of 2012, authorized renewal of the agreement with Jeanne Stracuzzi R.D. for nutrition counseling for the Office for Aging at the rate of $41.53 per hour, total amount not to exceed $29,155 for the period April 1, 2012 through March 31, 2013, and WHEREAS, said agreement is necessary to provide professional nutritional counseling services required by the Supplemental Nutrition Assistance Program, and WHEREAS, said agreement expires by its terms on March 31, 2013, and it is desired at this time to renew said agreement on substantially similar terms and conditions, at the rate of $42.78 per hour, total amount not to exceed $30,032, for the period April 1, 2013 through March 31, 2014, now, therefore, be it 64 Regular Session of February 21, 2013

7 RESOLVED, that this County Legislature hereby authorizes the renewal of the agreement with Jeanne Stracuzzi, R.D., 93 Riley Road, Windsor, New York for nutrition counseling for the Office for Aging s Supplemental Nutrition Assistance Program for the period April 1, 2013 through March 31, 2014, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor at the rate of $42.78 per hour, total amount not to exceed $30,032 for the term of the agreement, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Dietary Services), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 68 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 WHEREAS, this County Legislature, by Resolution 113 of 2012, authorized an 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 rate of $19.04 per hour, for the period January 1, 2012 through March 31, 2013, 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, 2013, and it is desired at this time to renew said agreement on substantially similar terms and conditions, at the current Medicaid rate of $15.14 per hour, which will be replaced by the new Medicaid rate when approved, for the period April 1, 2013 through March 31, 2014, and RESOLVED, that this County Legislature hereby authorizes renewal of the agreement with Southern Tier Independence Center, 115 East Frederick Street, Binghamton, New York to act as fiscal intermediary for consumer directed services for the Office for Aging s EISEP Grant for the period April 1, 2013 through March 31, 2014, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor at the current Medicaid rate of $15.14 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 lines (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. 69 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE AGREEMENT WITH CST/YOUR LINK TO LIFE (formerly GTL, INC. 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 45 of 2012 authorized renewal of the agreement with CST/Your link to Life and Project H.E.A.R. for personal emergency response Regular Session of February 21,

8 services for the Office for Aging at the current Medicaid rates for the period April 1, 2012 through March 31, 2013, and WHEREAS, said agreements are necessary for personal emergency response services for Office for Aging clients as needed, and WHEREAS, said agreements expire by their terms on March 31, 2013 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, 2013 through March 31, 2014, 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, 2013 through March 31, 2014 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, 2013 through March 31, 2014 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. 70 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 44 of 2012, 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, 2012 through March 31, 2013, 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, 2013, 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, total amount not to exceed budgeted appropriations, for the Office for Aging s Expanded In-Home Services for the Elderly Program for the period April 1, 2013 through March 31, 2014, 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, 2013, 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, total 66 Regular Session of February 21, 2013

9 amount not to exceed budgeted appropriations, for the Office for Aging s Expanded In-Home Care for the Elderly Program for the period April 1, 2013 through March 31, 2014: CA# CA# Vendor ID# Vendor ID# Metro Interfaith Housing Management Corp. Interim Healthcare Systems 21 New Street 38 Front Street, Suite D Binghamton, New York Binghamton, New York Hourly Rate Personal Care: $15.00 Hourly Rate Personal Care: $19.15 Hourly Rate-Nurse Supervisor: $55.00 Hourly Rate-Nurse Supervisor: $72.13 CA# CA# Vendor ID# Vendor ID# Stafkings Healthcare Systems Homemakers of Broome County P.O. Box 1015 DBA Caregivers Binghamton, New York Harry L. Drive, Suite 120 Johnson City, New York Hourly Rate Personal Care: $20.80 Hourly Rate Personal Care: $18.54 Hourly Rate-Nurse Supervisor: $ Hourly Rate-Nurse-Supervisor: $64.10 Contract # Vendor ID# Family & Children s Society of Broome County 257 Main Street Binghamton, New York Hourly Rate-Personal Care: $20.56 Hourly Rate-Nurse Supervisor: $50.97 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, 2013 should the Medicaid rates increase, the County will pay the higher rate retroactive to April 1, 2013, 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, 2013 should the Medicaid rate for the Nurse Supervisor increase, the County will pay the higher rate retroactive to April 1, 2013, 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. 71 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 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 Regular Session of February 21,

10 Alvin Lollie 12/31/ Pennsylvania Avenue New Appointment Binghamton, New York Shelli Cordisco 12/31/ Stephanie Lane New Appointment Binghamton, New York Dawn Kirk 12/31/ Grace Street New Appointment Binghamton, New York Joseph Zikuski 12/31/ Hawley Street New Appointment Binghamton, New York Michael Cox 12/31/ Lynnhurst Drive Reappointment Vestal, New York Nicki French 12/31/ Valley View Drive Reappointment Endwell, New York Brenda Zeoli 12/31/ Frost Road Reappointment Endicott, New York Carmela Pirich 12/31/ Bernice Street Reappointment Johnson City, New York Jessica Krohn New Appointment 161 South Washington Street, 12/31/2013 Binghamton, New York Kacey Ellsworth New Appointment 35 Johnson Avenue 12/31/2013 Harpursville, New York and WHEREAS, it is desired at this time to confirm said appointment, now, therefore, be it 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. 72 By Economic Development, Education & Culture Committee RESOLUTION AUTHORIZING A MASTER LEASE AGREEMENT WITH THE BROOME COUNTY INDUSTRIAL DEVELOPMENT AGENCY IN CONNECTION WITH THE SOUTHERN TIER REGIONAL FARMER S MARKET AT OTSININGO PARK FOR THE DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT 68 Regular Session of February 21, 2013

11 WHEREAS, the Commissioner of Planning and Economic Development requests authorization for a master lease agreement with the Broome County Industrial Development Agency in connection with the Southern Tier Regional Farmer s Market at Otsiningo Park at no cost to the County, and WHEREAS, the Broome County Industrial Development Agency is providing up to $250,000 for the cost of construction for the Southern Tier Regional Farmer s Market at Otsiningo Park and will be the nominal owner of the building with all operational expenses associated with the market being the responsibility of the County with all revenues generated by the market going to the County, and WHEREAS, the Broome County Industrial Development Agency will not exercise any operational control over the facility; it will be an absolute lease with the county fully in charge of the market, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a master lease agreement with the Broome County Industrial Development Agency, 60 Hawley Street, Binghamton, New York 13901, in connection with the Southern Tier Regional Farmers Market at Otsiningo Park for the Department of Planning and Economic Development, at no cost to the County, and be it FURTHER RESOLVED, that Broome County Industrial Development Agency will be the nominal owner of the building with all operational expenses associated with the market being the responsibility of the County with all revenues generate by the market going to the County, and be it FURTHER RESOLVED, that the Broome County Industrial Development Agency will not exercise any operational control over the facility; it will be an absolute lease with the county fully in charge of the market, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 73 By Finance Committee Seconded by Mr. D. D. Reynolds RESOLUTION APPROVING THE SALE OF 2010 IN REM FORECLOSURE PROPERTIES TO THE FORMER OWNERS WHEREAS, the County of Broome now owns certain parcels of real property by virtue of the completion of proceedings and foreclosure in rem for year 2010, and WHEREAS, this County Legislature has heretofore authorized the Director of Real Property Tax Service to sell such properties in conformity with procedures established by this Legislature and in accordance with all applicable laws, and WHEREAS, the Director of Real Property Tax Service advises that the former owners of certain properties have requested to have their properties sold back to them, and this County Legislature recommends that such request be granted based on the unusual circumstances of each case, now, therefore, be it RESOLVED, that the sale back to the former owners of the parcels listed in Exhibit A for the amounts as stated is hereby approved by this County Legislature based on the unusual circumstances of each case, and be it is hereby authorized to execute quit claim deeds, approved as to form by the Department of Law, conveying the properties listed above to the former owners in each such case, together with other such documents as may be necessary to implement the intent of this Resolution. Mr. Reynolds made a motion, seconded by Mr. D. J. Reynolds to amend Exhibit A to credit the rent paid to the County in the amount of $1,450 for parcel # , the estate of Olga Kurylo, 9 Arthur Street, from the total sell back amount. Motion to amend failed. Ayes-7, Nays-8 (Black, Jensen, Flagg, Keibel, Sopchak, Wildoner, Baker, Marinich). Regular Session of February 21,

12 RESOLUTION NO. 74 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, 2013, subject to confirmation by this County Legislature: NAMES Re-appointments Matthew Pasquale James Corbin Daniel Schofield 512 Irving Avenue 124 West Edwards Street 19 Cornell Avenue Endicott, NY Endicott, NY Endicott, NY David Baker David Gouldin Jackie (Curtis) Sammon 507 Mountain View Drive 450 Plaza Drive 1109 Broad Street, 2 nd Fl. Endicott, NY Vestal, NY Endicott, NY Robert Hartung Tony Cerasaro 1616 Sylvia Drive 2 Page Avenue Endwell, NY Endicott, NY New Appointments Daniel D. Reynolds Pat Dorner Tom Monticello 2404 Charleston Avenue 75 Governeurs Lane 320 N. McKinley Avenue Vestal, NY Endicott, NY Endicott, 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, 2013, in accordance with their appointment by the County Executive. RESOLUTION NO. 75 By Economic Development, Education & Culture, Personnel and Finance Committees RESOLUTION RENEWING THE GREATER BINGHAMTON INNOVATION CENTER PROJECT AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE MARKETING AND ECONOMIC DEVELOPMENT ALLOCATION OF THE OCCUPANCY TAX FOR THE DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT FOR 2013 WHEREAS, this County Legislature, by Resolution 202 of 2012, authorized and approved the Greater Binghamton Innovation Center Project in the amount of $90,000 and authorized the transfer of funds in the amount of $60,000 from the Marketing and Economic Development allocation of the occupancy tax, for the Department of Planning and Economic Development for the period January 1, 2012 through December 31, 2012, and WHEREAS, said project aids in the start up of businesses in Broome County, and WHEREAS, it is desired to renew said project in the amount of $95,000 and authorize the transfer of funds in the amount of $65,000 from the Marketing and Economic Development allocation of the occupancy tax for the period January 1, 2013 through December 31, 2013, now, therefore, be it 70 Regular Session of February 21, 2013

13 RESOLVED, that this County Legislature hereby authorizes and approves renewal of the Greater Binghamton Innovation Center Project in the amount of $95,000 and authorizes the transfer of funds in the amount of $65,000 from the Marketing and Economic Development allocation of the occupancy tax, as listed on Exhibit A for the Department of Planning and Economic Development for the period January 1, 2013 through December 31, 2013, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 76 By Personnel, Health & Human Services and Finance Committees RESOLUTION AUTHORIZING PERSONNEL CHANGE REQUESTS FOR THE DEPARTMENT OF PUBLIC HEALTH RESOLVED, that in accordance with a request contained in PCR# from the Director of Public Health, this County Legislature hereby authorizes the position of Senior Account Clerk, Grade 9, Union Code 08 Part-time CSEA, minimum hourly rate $ budget line to be reduced from hours to 9.38 hours weekly. RESOLVED, that in accordance with a request contained in PCR# from the Director of Public Health, this County Legislature hereby authorizes the position of Keyboard Specialist, Grade 8, Union Code 08 Part-time CSEA, minimum hourly rate $ budget line to be reduced from hours to 9.38 hours weekly. RESOLVED, that in accordance with a request contained in PCR# from the Director of Public Health, this County Legislature hereby authorizes the position of Keyboard Specialist, Grade 8, Union Code 70 Part-time CSEA, minimum hourly rate $ budget line to be abolished. RESOLUTION NO. 77 By Personnel, Economic Development, Education & Culture and Finance Committees RESOLUTION AUTHORIZING PERSONNEL CHANGE REQUESTS FOR THE OFFICE OF EMPLOYMENT AND TRAINING RESOLVED, that in accordance with a request contained in PCR# from the Director of the Office of Employment and Training, this County Legislature hereby authorizes the position of Employment and Training Counselor, Grade 14, Union Code 04 Full-time CSEA, minimum hourly rate $ budget line to be abolished. RESOLVED, that in accordance with a request contained in PCR# from the Director of the Office of Employment and Training, this County Legislature hereby authorizes the position of Deputy Employment and Training Director, Grade A, Union Code 02 Administration, minimum salary $57,386 budget line to be abolished. RESOLUTION NO. 78 By Health & Human Services, Personnel and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE FLEXIBLE FUNDS FOR FAMILY SERVICES PROGRAM GRANT FOR THE DEPARTMENT OF SOCIAL SERVICES, ADOPTING A PROGRAM BUDGET AND RENEWING THE AGREEMENT WITH THE BROOME COUNTY URBAN LEAGUE AND THE SOS SHELTER FOR WHEREAS, this County Legislature by Resolution 106 of 2012, authorized and approved renewal of the Flexible Funds for Family Services Program Grant in the amount of $8,363,149 Regular Session of February 21,

14 for the period April 1, 2012 through March 31, 2013, and renewed the agreement with the Broome County Urban League in the amount of $800,000 and the SOS Shelter in the amount of $25,000, for various services for the Department of Social Services Flexible Funds for Family Services Program, and WHEREAS, said program provides services to meet the Child Welfare and TANF Employment objectives for the Department of Social Services by serving low income families to assist them in achieving self-sufficiency, and WHEREAS, it is desired to renew said grant program in the amount of $8,363,149, adopt a program budget and authorize an agreement with the Broome County Urban League at an amount not to exceed $400,000 to operate a work experience location for the employable TANF recipients, for the period April 1, 2012 through March 31, 2013 and renew the agreement with the SOS Shelter at an amount not to exceed $25,000 to provide a non-residential domestic violence worker for the period January 1, 2012 through December 31, 2012, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $8,363,149 from the Office of Temporary Disability Assistance, 40 N. Pearl Street, Albany, New York, for the Department of Social Services Flexible Funds for Family Services Grant for the period April 1, 2013 through March 31, 2014, 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 $8,363,149, and be it FURTHER RESOLVED, that this County Legislature hereby authorizes an agreement with the Broome County Urban League, Carroll Street, Binghamton, New York to operate a work experience location for the employable TANF recipients for the Department of Social Services Flexible Funds for Family Services Program for the period April 1, 2013 through March 31, 2014, and be it FURTHER RESOLVED, that this County Legislature hereby authorizes the renewal of the agreement with the SOS Shelter, P.O. Box 393, Endicott, New York to provide a nonresidential domestic violence worker for the Department of Social Services for the period January 1, 2013 through December 31, 2014, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Broome County Urban League an amount not to exceed $400,000 for the term of its agreement and the SOS Shelter an amount not to exceed $25,000 for the term of its agreement, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Other Fees for Services), and be it FURTHER RESOLVED, that this County Legislature hereby authorizes the Department of Social Services to accept and allocate final funding without further Legislative approval provided there is no increase in employee head count and the County s financial contribution is not increased, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to 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 Director of the Office of Management and Budget and/or 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 cha RESOLUTION NO Regular Session of February 21, 2013

15 By Public Safety & Emergency Services and Finance Committees RESOLUTION AUTHORIZING AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BINGHAMTON FIRE DEPARTMENT AND THE BROOME COUNTY OFFICE OF EMERGENCY SERVICES FOR EMERGENCY RADIO COMMUNICATIONS AND AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH PRESENTATION CONCEPTS FOR THE PURCHASE AN MAINTENANCE OF EMERGENCY COMMUNICATION EQUIPMENT FOR WHEREAS, this County Legislature, by Resolution 472 of 2012, authorized a memorandum of understanding between the City of Binghamton Fire Department, the Village of Johnson City Fire Department and the Broome County Office of Emergency Services for emergency radio communications and authorized an agreement with Tri-County Communications in the amount of $40,295.66, and Presentation Concepts in the amount of $22, for the purchase and maintenance of emergency communication equipment for , and WHEREAS, said memorandum of understanding defines a working relationship between the City of Binghamton Fire Department, the Village of Johnson City Fire Department and the Broome County Office of Emergency Services for sharing Common Radio Frequencies and Dispatch Channels as well as the purchase and maintenance of communications equipment, and WHEREAS, said agreements with Tri-County Communications and Presentation Concepts are necessary for the purchase and maintenance of emergency communications equipment, and WHEREAS, it is necessary at this time to amend the parts list on the memorandum of understanding between the City of Binghamton Fire Department and the Broome County Office of Emergency Services and amend the agreement with Presentation Concepts to increase the not to exceed amount by $15,171 for the purchase upgrade and maintenance of emergency communications equipment, and WHEREAS, the Director of Emergency Services has requested authorization for said amendments as approved by the Department of Law, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an amendment to the parts list on the memorandum of understanding between the City of Binghamton Fire Department and the Broome County Office of Emergency Services, and be it FURTHER RESOLVED, that this County Legislature hereby authorizes an amendment to the agreement with Presentation Concepts, 7243 State Fair Boulevard, Syracuse, New York to increase the not to exceed amount by $15,171 for the purchase upgrade and maintenance of additional emergency communications equipment, and be it FURTHER RESOLVED, that the County shall pay the Contractor a total amount not to exceed $37, for the term of the agreement, and be it FURTHER RESOLVED, that Resolution 472 of 2012, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 80 By Personnel, Public Works & Transportation and Finance Committees RESOLUTION AUTHORIZING AMENDMENTS TO THE LABOR AGREEMENTS WITH BROOME ADMINISTRATIVE AND PROFESSIONAL ASSOCIATION (BAPA) AND CIVIL SERVICE EMPLOYEES ASSOCIATION (CSEA) WHEREAS, this County Legislature, pursuant to the New York State Civil Service Law, previously recognized Broome Administrative and Professional Association (BAPA) as the Regular Session of February 21,

16 employee organization and authorized representative of certain Broome County Administrative and Professional Employees, including Airport Maintenance Supervisor, and WHEREAS, this County Legislature, by Resolution 317 of 2010, approved a labor agreement with the Broome Administrative and Professional Association for , and WHEREAS, this County Legislature, pursuant to the New York State Civil Service Law, previously recognized Civil Service Employees Association (CSEA) as the employee organization and authorized representative of certain Civil Service Employees including Airport Equipment Mechanic and Airport Maintenance Mechanic, and WHEREAS, this County Legislature, by Resolution 318 of 2010, approved a labor agreement with the Civil Service Employees Association for , and WHEREAS, the Personnel Officer and the Commissioner of Aviation request authorization for an amendment to said agreements to provide a stipend of $1,500 per year for persons with the title of Airport Equipment Mechanics, Airport Maintenance Mechanics and Airport Maintenance Supervisors that are Aircraft Rescue Firefighting certified and a stipend of $1,000 per year for persons with the title Airport Equipment Mechanics, Airport Maintenance Mechanics and Airport Maintenance Supervisors that are Emergency Medical Response certified, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an amendment to the labor agreements with Broome Administrative and Professional Association and Civil Service Employees Association to provide a stipend of $1,500 per year for persons with the title of Airport Equipment Mechanics, Airport Maintenance Mechanics and Airport Maintenance Supervisors that are Aircraft Rescue Firefighting certified and a stipend of $1,000 per year for persons with the title Airport Equipment Mechanics, Airport Maintenance Mechanics and Airport Maintenance Supervisors that are Emergency Medical Response certified, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 81 By Economic Development, Education and Culture and Finance Committees RESOLUTION AUTHORIZING AMENDMENT TO THE AGREEMENT WITH BLUE SPRINGS ENERGY, LLC FOR ADMINISTRATIVE SERVICES FOR THE DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT FOR WHEREAS, this County Legislature, by Resolution 54 of 2012 authorized an agreement with Blue Springs Energy, LLC for administrative services for the Department of Planning and Economic Development at a cost not to exceed $48,000 for the period June 30, 2011 through May 24, 2013, and WHEREAS, said agreement is necessary for administration of the NYSERDA Better Buildings Sub-Grants to Small Municipalities, and WHEREAS, it is necessary to authorize the amendment of said agreement to extend the period through September 30, 2013 in order to provide additional services, at no additional cost to the County, and WHEREAS, the Director of Planning and Economic Development has requested authorization for said amendment as approved by the Department of Law, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an amendment to the agreement with Blue Springs Energy, LLC, 1050 Gravel Road, Webster, New York to extend the period through September 30, 2013 for additional services related to the administration of the NYSERDA Better Buildings Sub-Grants to Small Municipalities for the Department of Planning and Economic Development, at no additional cost to the County, and be it 74 Regular Session of February 21, 2013

17 FURTHER RESOLVED, that Resolution 54 of 2012, to the extent consistent herewith, shall remain in full force and effect, and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. RESOLUTION NO. 82 By Finance Committee RESOLUTION AUTHORIZING CORRECTION OF ERRORS ON 2013 TAX ROLLS FOR VARIOUS TOWNS WHEREAS, applications for Correction of Errors on Tax Rolls for various towns have been duly filed with the Director of Real Property Tax Service for the County of Broome, and WHEREAS, the Director of Real Property Tax Service has filed a report pursuant to Section 554 of the Real Property Tax Law and certain claimed errors have been determined to exist that should be corrected, now, therefore, be it RESOLVED, that this County Legislature hereby approves the applications for correction and orders that the tax officer having jurisdiction of the tax rolls correct said tax rolls and the tax bills in accordance with the list attached hereto as Exhibit A, pursuant to Section 554 of the Real Property Tax Law. RESOLUTION NO. 83 By Finance Committee RESOLUTION AUTHORIZING AN AGREEMENT WITH POMCO GROUP FOR WORKERS COMPENSATION THIRD PARTY ADMINISTRATION SERVICES FOR THE OFFICE OF RISK AND INSURANCE FOR WHEREAS, the Risk Manager requests authorization for an agreement with POMCO Group for Workers Compensation Third Party Administration Services for the Office of Risk and Insurance at a cost not to exceed $83,790 for the period March 1, 2013 through February 28, 2014, with the option for four one-year renewals, and WHEREAS, said agreement is necessary for comprehensive claims handling, cost containment efforts, appropriate reporting for members of the program and actuarial and rehabilitation services in connection with the Broome County s Workers Compensation Program, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with POMCO Group, 2425 James Street, Syracuse, New York for Workers Compensation Third Party Administration Services for the Office of Risk and Insurance for the period March 1, 2013 through February 28, 2014, with the option for four one-year renewals, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $83,790 for the period March 1, 2013 through February 28, 2014 with renewal option costs as follows: First Renewal March 1, 2014 through February 28, 2015 $87,000 Second Renewal March 1, 2015 through February 29, 2016 $92,000 Third Renewal March 1, 2016 through February 28, 2017 $92,000 Fourth Renewal March 1, 2017 through February 28, 2018 $92,000 FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Claims Administration), and be it is hereby empowered to execute any such agreements, documents, or papers, approved as to this Resolution. Regular Session of February 21,