2015 Journal of Proceedings

Transcription

1 BROOME COUNTY LEGISLATURE REGULAR SESSION SEPTEMBER 24, 2015 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. Shaw and Mr. Whalen were designated with Chairman Marinich as participants in the Short Roll Call. WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY EXECUTIVE A. Letters from the County Executive, Debra A. Preston: WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY LEGISLATURE A. Letters from the Chair, Jerry F. Marinich: 1. Designations for Mr. Bernhardsen September 14-18, 2015 PUBLIC HEARING Mr. Reynolds made a motion, seconded by Mr. Garnar to Suspend the Rules to conduct the Public Hearing after the business portion of the meeting. Mr. Garnar made a motion, seconded by Mr. Baldwin that the Session minutes of August 20, 2015 be approved as prepared and presented by the Clerk. Mr. Marinich noted that the committee minutes for August 20, 2015 through September 23, 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. Bernhardsen. PRESENTATION OF PETITIONS, COMMUNICATIONS, NOTICES & REPORTS 1. SUNY Broome June & July 2015 Above Minimum Hire Report 2. SUNY Broome June & July 2015 Budget Transfers Report 3. Audit 1 st Qtr 2015 Accounts Receivable Audit Report 4. Bonadio & Co Independent Accountant s Report on Applying Agreed Upon Procedures 5. SUNY Broome Board of Trustees Meeting Minutes 6/18/15 6. Sheriff Order of Succession 7. Audit 1 st Qtr 2015 Accounts Payable Audit Report 8. Legislature Clerk Finance Committee 2016 County Budget Review Schedule 9. Assemblyman Crouch Receipt of Resolution re: Tioga Downs Casino License 10. Personnel AFSCME Local Union 1912, Council No. 66 Employment Contract 11. Personnel AFSCME Local Union 1883, Forman Unit, Council No. 66 Employment Contract 12. BC Soil & Water Directors Meeting Minutes 8/18/ SUNY Broome Financial Reports 14. Legislature Clerk Revised Finance Committee 2016 County Budget Review Schedule Regular Session of September 24,

2 RESOLUTIONS RECALLED FROM A PREVIOUS SESSION Mr. Pasquale made a motion, seconded by Mr. Reynolds to recall Resolution to amend. Motion to recall carried. Ayes-15, Nays-0 RESOLUTION NO. 278 By Public Works & Transportation Committee RESOLUTION AUTHORIZING AN AGREEMENT WITH CAPITAL DISTRICT TRANSPORTATION AUTHORITY FOR THE ACCEPTANCE OF SEVEN TRANSIT BUSES BY THE DEPARTMENT OF PUBLIC TRANSPORTATION Mr. Pasquale made a motion, seconded by Mr. Baldwin to amend the Resolution as follows: WHEREAS, the Commissioner of Transportation requests authorization for an agreement with Capital District Transportation Authority for the acceptance of seven 2000 NOVA LFS40102 transit buses by the Broome County Department of Public Transportation, at no cost to the County, and WHEREAS, the Capital District Transportation Authority owns seven 2000 NOVA LFS40102 buses bearing the VIN numbers 2NVYL82P6X , 2NVYL82P8X , 2NVYL82P0X , 2NVYL82PXX , 2NVYL82P3Y , 2NVYL82P9Y , and 2NVYL82P2Y , and WHEREAS, these buses were originally acquired with Federal funds but there is no remaining Federal share or project interest to be transferred to the County, and WHEREAS, the Capital District Transportation Authority no longer requires these transit buses and is willing to transfer ownership to the County of Broome at no cost to the County, and WHEREAS, these transit vehicles are needed by the County of Broome to provide public transportation revenue service to the public, and WHEREAS, the County will maintain these transit buses in accordance with FTA requirements and will include the vehicles on the County s equipment inventory records, now, therefore, be it Amendment carried. Ayes-15, Nays-0 Resolution as amended carried. Ayes-15, Nays-0 Mr. Reynolds made a motion, seconded by Mr. Sopchak to recall Resolution to amend. Motion to recall carried. Ayes-15, Nays-0 RESOLUTION NO. 282 By Finance Committee RESOLUTION AUTHORIZING SALE OF COUNTY PROPERTIES FROM THE 2015 TAX SALE AUCTION Mr. Reynolds made a motion, seconded by Mr. Baker to amend Exhibit A page 3 to correct the bidder for parcel ID , 92 Wheeler School Road in the Town of Sanford to Conrad Lynch, and page 7 to delete the sale of parcel ID , 117 Jefferson Avenue in the Town of Union to Jefferson Ave. LLC. Amendment carried. Ayes-15, Nays-0 Resolution as amended carried. Ayes-15, Nays-0 RESOLUTIONS INTRODUCED AT THIS SESSION RESOLUTION NO. 312 By Public Safety & Emergency Services and Finance Committees RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS AND THE BROOME COUNTY OFFICE OF EMERGENCY SERVICES 248 Regular Session of September 24, 2015

3 WHEREAS, the Interim Director of Emergency Services requests authorization for a Memorandum of Understanding between the American Society for the Prevention of Cruelty to Animals and the Broome County Office of Emergency Services, and WHEREAS, said Memorandum of Understanding is necessary to identify and coordinate assistance and animal rescue efforts in preparing for, responding to, and recovering from disasters, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a Memorandum of Understanding between the American Society for the Prevention of Cruelty to Animals and the Broome County Office of Emergency Services, attached as Exhibit A, and be it RESOLUTION NO. 313 By County Administration and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE SUSQUEHANNA REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, INC. FOR MAINTENANCE AND SUPPORT SERVICES PROVIDED BY THE DIVISION OF INFORMATION TECHNOLOGY FOR WHEREAS, the Director of Information Technology requests authorization for an agreement with Susquehanna Regional EMC Council, Inc. for maintenance and support services provided by the Division of Information Technology, with revenue to the County in the amount of $2,500 for the period January 1, 2015 through December 31, 2016, and WHEREAS, said agreement is necessary for the County to provide Internet Access, VoIP Services and WebEx to the Susquehanna Regional Emergency Medical Services Council, Inc., now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Susquehanna Regional Emergency Medical Services Council, Inc., 62 Lusk Street, Johnson City, New York for maintenance and support services provided by the Division of Information Technology for the period January 1, 2015 through December 31, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the Contractor shall pay the County $2,500 for the term of the agreement, and be it FURTHER RESOLVED, that the revenue hereinabove authorized shall be credited to budget line , and be it RESOLUTION NO. 314 By County Administration and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH NTS DATA SERVICES, LLC FOR VOTER INFORMATION CENTER SERVICES FOR THE BOARD OF ELECTIONS FOR WHEREAS, the Deputy Commissioners of Elections request authorization for an agreement with NTS Data Services, LLC for Voter Information Center (VIC) Services for the Board of Elections at a cost not to exceed $22,500, for the period August 15, 2015 through December 31, 2019, and WHEREAS, said agreement is necessary to provide Voter Information Center functionality and hosting services for access by Broome County voters, now, therefore, be it Regular Session of September 24,

4 RESOLVED, that this County Legislature hereby authorizes an agreement with NTS Data Services, LLC, 2079 Sawyer Drive, Niagara Falls, New York for Voter Information Center Services for the Board of Elections for the period August 15, 2015 through December 31, 2019, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $22,500 for the term of the agreement, and be it FURTHER RESOLVED, that the payments hereinabove authorized shall be made from budget line (Software Maintenance), and be it RESOLUTION NO. 315 By Finance and Public Works & Transportation Committees RESOLUTION AUTHORIZING AMENDMENT TO THE AGREEMENT WITH PYRAMID BROKERAGE COMPANY OF BINGHAMTON, INC. FOR REAL ESTATE BROKER SERVICES FOR THE DEPARTMENT OF AVIATION FOR WHEREAS, this County Legislature, by Resolution 306 of 2012, authorized an agreement with Pyramid Brokerage Company of Binghamton, Inc., for real estate broker services for the Department of Aviation with the commission rate of 6% for the period October 1, 2012 through September 30, 2013, with the option for one two-year renewal, and WHEREAS, said agreement is necessary to actively seek appropriate buyers and tenants for county owned land and vacant buildings and office space, and WHEREAS, it is necessary to authorize the amendment of said agreement to include all County departments and extend the period through September 1, 2017 for real estate broker services, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an amendment to the agreement with Pyramid Brokerage Company of Binghamton, Inc., 84 Court Street, Suite 300, Binghamton, New York to include all County departments and extend the period through September 1, 2017 for real estate broker services, and be it FURTHER RESOLVED, that Resolution 306 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 RESOLUTION NO. 316 By Finance Committee RESOLUTION AUTHORIZING CANCELLATION OF DELINQUENT REAL PROPERTY TAXES ON PARCELS IN THE TOWN OF LISLE WHEREAS, it is necessary to clear the tax record of parcels of real property by virtue of the reasons stated below, now, therefore, be it RESOLVED, that taxes, plus interest and penalties will be cancelled on the following parcels of real property: Parcel ID: Town/Village: Lisle Owner: Gehm Address 149 Clute Hill Ext. Amount to be Cancelled: $ plus penalty & interest 250 Regular Session of September 24, 2015

5 Reason: Erroneous Delinquent Tax-Town Collected Tax Parcel ID: Town/Village: Lisle Owner: Gehm Address 40 Reed Road Amount to be Cancelled: $ plus penalty & interest Reason: Erroneous Delinquent Tax-Town Collected Tax RESOLUTION NO. 317 By Finance Committee Mr. Keibel RESOLUTION INCREASING THE RATE OF TAXES ON SALES AND USES OF TANGIBLE PERSONAL PROPERTY AND OF CERTAIN SERVICES, AND ON OCCUPANCY OF HOTEL ROOMS AND AMUSEMENT CHARGES, PURSUANT TO ARTICLE 29 OF THE TAX LAW OF THE STATE OF NEW YORK BE IT ENACTED, by the Legislature of the County of Broome, as follows: SECTION 1. The first sentence of Section Two of Resolution No 180 of 1965, as amended, is amended to read as follows: Section 2. Imposition of sales tax. On and after June 1, 1974, there is hereby imposed and there shall be paid a tax of three percent upon, and for the period commencing March 1, 1994, and ending November 30, 2017, there is hereby imposed and there shall be paid an additional tax of one percent upon: SECTION 2. Subdivision (e) of Section Three of Resolution No. 180 of 1965, as amended, is amended to read as follows: (e) With respect to the additional tax of one percent imposed for the period commencing March 1, 1994, and ending November 30, 2017, the provisions of subdivision, (a), (b), (c), (d) and (e) of this section apply, except that for the purposes of this subdivision, all references in said subdivisions (a), (b), (c) and (d) to an effective date shall be read as referring to March 1, 1994, all references in said subdivision (a) to the date four months prior to the effective date shall be read as referring to November 1, 1993, and the reference in subdivision (b) to the date immediately preceding the effective date shall be read as referring to February 28, Nothing herein shall be deemed to exempt from tax at the rate in effect prior to March 1, 1994, any transaction which may not be subject to the additional tax imposed effective on that date. SECTION 3. Section Four of Resolution No. 180 of 1965, as amended, is amended to read as follows: Section 4. Imposition of compensating use tax. (a) Except to the extent that property or services have already been or will be subject to the sales tax under this enactment, there is hereby imposed on every person a use tax for the use within this taxing jurisdiction on and after March 1, 1994, except as otherwise exempted under this enactment, (A) of any tangible personal property purchased at retail, (B) of any tangible personal property (other than computer software used by the author or other creator) manufactured, processed or assembled by the user, (i) if items of the same kind of tangible personal property are offered for sale by him in the regular course of business or (ii) if items are used as such or incorporated into a structure, building or real property, by a contractor, subcontractor or repairman in erecting structures or buildings, or building on, or otherwise adding to, altering, improving, maintaining, servicing or repairing real property, property or land, as the terms real property, property or land are defined in the real property tax law, if items of the same kind are not offered for sale as such by such contractor, subcontractor or repairman or other user in the Regular Session of September 24,

6 (b) (c) (d) (e) (f) (g) regular course of business, (C) of any of the services described in paragraphs (1), (7) and (8) of subdivision (c) of section two, (D) of any tangible personal property, however acquired, where not acquired for purposes of resale, upon which any of the services described under paragraphs (2), (3) and (7) of subdivision (c) of section two have been performed, (E) of any telephone answering service described in subdivision (b) of section two and (F) of any computer software written or otherwise created by the user if the user offers software of a similar kind for sale as such or as a component part of other property in the regular course of business. For purposes of clause (A) of subdivision (a) of this section, for the period commencing March 1, 1994, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for such property, or for the use of such property, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one, but excluding any credit for tangible personal property accepted in part payment and intended for resale. For purposes of subclause (i) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 1994 and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the price at which items of the same kind of tangible personal property are offered for sale by the user, and the mere storage, keeping, retention or withdrawal from storage of tangible personal property by the person who manufactured, processed or assembled such property shall not be deemed a taxable use by him. For purposes of subclause (ii) of clause (B) of subdivision (a) of this section, for the period commencing March 1, 1994, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property manufactured, processed or assembled into the tangible personal property the use of which is subject to tax, including any charges for shipping or delivery as described in paragraph three of subdivision (b) of section one. Notwithstanding the foregoing provisions of this section, for purposes of clause (B) of subdivision (a) of this section, there shall be no tax on any portion of such price which represents the value added by the user to tangible personal property which he fabricates and installs to the specifications of an addition or capital improvement to real property, property or land, as the terms real property, property or land are defined in the real property tax law, over and above the prevailing normal purchase price prior to such fabrication of such tangible personal property which a manufacturer, producer or assembler would charge an unrelated contractor who similarly fabricated and installed such tangible personal property to the specifications of an additional or capital improvement to such real property, property or land. For purposes of clauses (C), (D), and (E) of subdivision (a) of this section, for the period March 1, 1994, and ending November 30, 2017, the tax shall be at the rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the service, including the consideration for any tangible personal property transferred in conjunction with the performance for the service and also including any charges for shipping and delivery of the property so transferred and of the tangible personal property upon which the service was performed as such charges are described in paragraph three of subdivision (b) of section one. For purposes of clause (F) of subdivision (a) of this section, for the period commencing March 1, 1994, and ending November 30, 2017, the tax shall be at the 252 Regular Session of September 24, 2015

7 rate of four percent, and on and after December 1, 2017, the tax shall be at the rate of three percent, of the consideration given or contracted to be given for the tangible personal property which constitutes the blank medium, such as disks or tapes, used in conjunction with the software, or for the use of such property, and the mere storage, keeping, retention or withdrawal from storage of computer software described in such clause (F) by its author or other creator shall not be deemed a taxable use by such person. SECTION 4. Subdivision (k) of Section Six of Resolution No. 180 of 1965, as amended, is amended to read as follows: (k) Exemption of certain energy sources and related services from additional one percent rate of tax. Notwithstanding any inconsistent provision of this resolution, receipts from the retail sale or use of fuel oil and coal used for residential purposes; the receipts from the retail sale or use of wood used for residential heating purposes; and the receipts from every sale, other than for resale, or use of propane (except when sold in containers of less that one hundred pounds), natural gas, electricity, steam and gas, electric and steam services used for residential purposes shall be exempt from the additional one percent rate of sales and compensating use taxes imposed by sections two and four, respectively, of this resolution for the period commencing March 1, 1994, and ending November 30, SECTION 5. Paragraph (B) of subdivision One of Section Eleven of Resolution No. 180 of 1965, as amended, is amended to read as follows: (B) With respect to the additional tax of one percent imposed for the period beginning March 1, 1994 and ending November 30, 2017, in respect to the use of property used by the purchaser in this County prior to March 1, SECTION 6. Subdivision (e) of Section 14 of Resolution No. 180 of 1965, as amended, is amended to read as follows: (e) Notwithstanding any other provision of this section to the contrary, one hundred percent of the net collections from the additional one percent rate of sales and compensating use taxes imposed for the period December 1, 2007 through November 30, 2017, is hereby set aside for county purposes and shall be available for any county purpose. SECTION 7. This enactment shall take effect December 1, RESOLUTION NO. 318 By Health & Human Services, Personnel and Finance Committees RESOLUTION AUTHORIZING REVISION OF THE COMPREHENSIVE CANCER CONTROL PROGRAM GRANT FOR THE DEPARTMENT OF HEALTH AND ADOPTING A REVISED PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 182 of 2015 authorized and approved renewal of the Comprehensive Cancer Control Program Grant for the Department of Health and adopted a program budget in the amount of $110,000 for the period June 30, 2015 through June 29, 2016, and WHEREAS, said program grant promotes primary prevention efforts that support healthy lifestyles through community and school-based interventions in order to reduce the burden of cancer in Broome County, and WHEREAS, it is necessary at this time to revise said program to reflect a decrease in the amount of $10,000 in grant appropriations, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a revision of the Comprehensive Cancer Control Program Grant to reflect an decrease of $10,000 for the period June 30, 2015 through June 29, 2016, 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 $100,000, and be it Regular Session of September 24,

8 FURTHER RESOLVED, that Resolution 182 of 2015, 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 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. 319 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE BINGHAMTON CITY SCHOOL DISTRICT FOR SERVICES RELATED TO THE DEPARTMENT OF HEALTH S CREATING HEALTHY SCHOOLS AND COMMUNITIES GRANT FOR WHEREAS, the Director of Public Health requests authorization for an agreement with the Binghamton City School District for services related to the Department of Health s Creating Healthy Schools and Communities Grant at a cost not to exceed $4,000 for the period October 1, 2015 through September 30, 2016, and WHEREAS, said services are necessary to create school district policies or administrative regulations to increase physical activity before, during or after the school day for students, teachers, staff and community members and to establish a school environment that supports and promotes healthful eating, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Binghamton City School District, 98 Oak Street, Binghamton, New York for services related to the Department of Health s Creating Healthy Schools and Communities Grant for the period October 1, 2015 through September 30, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $4,000 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 RESOLUTION NO. 320 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE CANCER SERVICES PROGRAM OF THE SOUTHERN TIER/HRI AWARD PROGRAM GRANT FOR THE DEPARTMENT OF HEALTH AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 304 of 2014, authorized and approved renewal of the Cancer Services Program of the Southern Tier/HRI Award Program Grant for the Department of Health and adopted a program budget in the amount of $226,454 for the period June 30, 2014 through June 29, 2015, and 254 Regular Session of September 24, 2015

9 WHEREAS, said program grant provides early screening and detection of breast and cervical cancer to uninsured and under-served individuals, and WHEREAS, it is desired to renew said program grant in the amount of $166,000 for the period June 30, 2015 through June 29, 2016, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $166,000 from Health Research Inc., Riverview Center, 150 Broadway Suite 560, Menands, New York for the Department of Health s Cancer Services Program of the Southern Tier/HRI Award Program for the period June 30, 2015 through June 29, 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 $166,000, and be it FURTHER RESOLVED, the Department of Health is authorized to accept and allocate additional Cancer Services Program of the Southern Tier/HRI Award Program funds, for the period June 30, 2015 through June 29, 2016, provided there is no increase in employee head count, the County s financial contribution is not increased and the salary rate or salary total is not changed, and be it 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 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. 321 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DEPOSIT CENTRAL SCHOOL DISTRICT FOR SERVICES RELATED TO THE DEPARTMENT OF HEALTH S CREATING HEALTHY SCHOOLS AND COMMUNITIES GRANT FOR WHEREAS, the Director of Public Health requests authorization for an agreement with the Deposit Central School District for services related to the Department of Health s Creating Healthy Schools and Communities Grant at a cost not to exceed $4,000 for the period October 1, 2015 through September 30, 2016, and WHEREAS, said services are necessary to create school district policies or administrative regulations to increase physical activity before, during or after the school day for students, teachers, staff and community members and to establish a school environment that supports and promotes healthful eating, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Deposit Central School District, 171 Second Street, Deposit, New York for services related to the Department of Health s Creating Healthy Schools and Communities Grant for the period October 1, 2015 through September 30, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $4,000 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 Regular Session of September 24,

10 RESOLUTION NO. 322 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH BROOME-TIOGA BOCES PROFESSIONAL DEVELOPMENT FOR SERVICES RELATED TO THE DEPARTMENT OF HEALTH S CREATING HEALTHY SCHOOLS AND COMMUNITIES GRANT FOR WHEREAS, the Director of Public Health requests authorization for an agreement with Broome-Tioga BOCES Professional Development for services related to the Department of Health s Creating Healthy Schools and Communities Grant at a cost not to exceed $6,000 for the period October 1, 2015 through September 30, 2016, and WHEREAS, said services are necessary to provide trainings, and legislation that will assist schools with the assessment of their wellness policies, school environments, and with their School Health Index module that pertains to physical activity, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with Broome- Tioga BOCES Professional Development, 435 Upper Glenwood Road, Binghamton, New York for services related to the Department of Health s Creating Healthy Schools and Communities Grant for the period October 1, 2015 through September 30, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $6,000 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 RESOLUTION NO. 323 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH BROOME-TIOGA BOCES FOOD SERVICE FOR SERVICES RELATED TO THE DEPARTMENT OF HEALTH S CREATING HEALTHY SCHOOLS AND COMMUNITIES GRANT FOR WHEREAS, the Director of Public Health requests authorization for an agreement with Broome-Tioga BOCES Food Service for services related to the Department of Health s Creating Healthy Schools and Communities Grant at a cost not to exceed $6,000 for the period October 1, 2015 through September 30, 2016, and WHEREAS, said services are necessary to provide trainings, and legislation that will assist schools with the assessment of their wellness policies, school environments, and with their School Health Index module that pertains to nutrition, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with Broome- Tioga BOCES Food Service, 535 Upper Glenwood Road, Binghamton, New York for services related to the Department of Health s Creating Healthy Schools and Communities Grant for the period October 1, 2015 through September 30, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $6,000 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 256 Regular Session of September 24, 2015

11 RESOLUTION NO. 324 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE HARPURSVILLE CENTRAL SCHOOL DISTRICT FOR SERVICES RELATED TO THE DEPARTMENT OF HEALTH S CREATING HEALTHY SCHOOLS AND COMMUNITIES GRANT FOR WHEREAS, the Director of Public Health requests authorization for an agreement with the Harpursville Central School District for services related to the Department of Health s Creating Healthy Schools and Communities Grant at a cost not to exceed $4,000 for the period October 1, 2015 through September 30, 2016, and WHEREAS, said services are necessary to create school district policies or administrative regulations to increase physical activity before, during or after the school day for students, teachers, staff and community members and to establish a school environment that supports and promotes healthful eating, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Harpursville Central School District, P.O. Box 147, 54 Main Street, Harpursville, New York for services related to the Department of Health s Creating Healthy Schools and Communities Grant for the period October 1, 2015 through September 30, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $4,000 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 RESOLUTION NO. 325 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE JOHNSON CITY CENTRAL SCHOOL DISTRICT FOR SERVICES RELATED TO THE DEPARTMENT OF HEALTH S CREATING HEALTHY SCHOOLS AND COMMUNITIES GRANT FOR WHEREAS, the Director of Public Health requests authorization for an agreement with the Johnson City Central School District for services related to the Department of Health s Creating Healthy Schools and Communities Grant at a cost not to exceed $4,000 for the period October 1, 2015 through September 30, 2016, and WHEREAS, said services are necessary to create school district policies or administrative regulations to increase physical activity before, during or after the school day for students, teachers, staff and community members and to establish a school environment that supports and promotes healthful eating, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Johnson City Central School District, 666 Reynolds Road, Johnson City, New York for services related to the Department of Health s Creating Healthy Schools and Communities Grant for the period October 1, 2015 through September 30, 2016, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor an amount not to exceed $4,000 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 Regular Session of September 24,

12 RESOLUTION NO. 326 By Health & Human Services, Personnel and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE LEAD POISONING PREVENTION PROGRAM GRANT FOR THE DEPARTMENT OF HEALTH AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 302 of 2014, authorized and approved renewal of the Childhood Lead Poisoning Prevention Program Grant for the Department of Health and adopted a program budget in the amount of $71,357 for the period October 1, 2014 through September 30, 2015, and WHEREAS, said program grant provides for the screening and follow up required of Primary Care Providers, coordinates remediation activities with property owners and is responsible for community awareness and promotion, and WHEREAS, it is desired to renew said program grant in the amount of $71,357 for the period October 1, 2015 through September 30, 2016, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $71,357 from the New York State Department of Health, Center for Environmental Health, Empire State Plaza, Corning Tower, Room 1619, Albany, New York for the Department of Health s Lead Poisoning Prevention Program Grant for the period October 1, 2015 through September 30, 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 $71,357, and be it FURTHER RESOLVED, the Department of Health is authorized to accept and allocate additional Childhood Lead Poisoning Prevention Program funds for the period October 1, 2015 through September 30, 2016, provided there is no increase in employee head count, the County s financial contribution is not increased and the salary rate or salary total is not changed, and be it 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 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. 327 By Health & Human Services and Finance Committees RESOLUTION AUTHORIZING AN AGREEMENT WITH THE SOUTHERN TIER INDEPENDENCE CENTER FOR SIGN LANGUAGE INTERPRETING SERVICES FOR THE DEPARTMENT OF HEALTH FOR WHEREAS, RFP for Sign Language Interpreting Services was advertised, and 258 Regular Session of September 24, 2015

13 WHEREAS, as a result of said RFP, the Public Health Director requests authorization for an agreement with the Southern Tier Independence Center for sign language interpreting services for the Department of Health at an hourly rate of $54 per hour, total cost not to exceed $120,000, for the period September 1, 2015 through August 31, 2017, with the option for three one-year renewals under the same terms and conditions, and WHEREAS, said services are necessary to provide mandated sign language interpreting services for hearing impaired children that are enrolled in the Preschool Special Education or Early Intervention Programs and/or their parents, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes an agreement with the Southern Tier Independence Center for sign language interpreting services for the Department of Health for the period September 1, 2015 through August 31, 2017, with the option for three one-year renewals under the same terms and conditions, and be it FURTHER RESOLVED, that in consideration of said services, the County shall pay the Contractor at the rate of $54 per hour, total amount not to exceed $120,000 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 Services), and be it FURTHER RESOLVED, that the County Executive or her duly authorized representative 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 RESOLUTION NO. 328 By Health & Human Services, Personnel, and Finance Committees RESOLUTION AUTHORIZING RENEWAL OF THE TRAFFIC SAFETY PROGRAM GRANT FOR THE DEPARTMENT OF HEALTH AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 305 of 2014, authorized and approved renewal of the Traffic Safety Program Grant for the Department of Health and adopted a program budget in the amount of $80,532 for the period October 1, 2014 through September 30, 2015, and WHEREAS, said program grant supports local programs, public education events and activities designed to reduce mortality and morbidity related to traffic accidents, and WHEREAS, it is desired to renew said program grant in the amount of $80,592 for the period October 1, 2015 through September 30, 2016, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $80,592 from New York State Governor s Traffic Safety Committee, 6 Empire State Plaza, Room 414, Albany, New York for the Department of Health s Traffic Safety Program Grant, for the period October 1, 2015 through September 30, 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 $80,592, and be it FURTHER RESOLVED, the Department of Health is authorized to accept and allocate additional Traffic Safety Program funds for the period October 1, 2015 through September 30, 2016, provided there is no increase in employee head count, the County s financial contribution is not increased and the salary rate or salary total is not changed, and be it this Resolution, and be it is hereby empowered (with the approval of the grantor agency) to reduce the time period of the Regular Session of September 24,

14 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 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. 329 By Public Safety & Emergency Services and Finance Committees RESOLUTION AUTHORIZING ACCEPTANCE OF THE HAZMAT EMERGENCY PREPAREDNESS PROGRAM GRANT FOR THE OFFICE OF EMERGENCY SERVICES AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, the Office of Emergency Services requests authorization to accept a HazMat Emergency Preparedness Program Grant and adopt a program budget in the amount of $17,147 for the period September 1, 2014 through January 31, 2016, and WHEREAS, said program grant funding will be used to hire a consultant to conduct a Hazard Analysis and build pre plans for the railroads in Broome County, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $17,147 from New York State Homeland Security and Emergency Services, 1220 Washington Avenue, Building 7a, Albany, New York for the period September 1, 2014 through January 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 $17,147, and be it 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 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. 330 By Public Safety & Emergency Services, Personnel and Finance Committees RESOLUTION AUTHORIZING ACCEPTANCE OF A HOMELAND SECURITY PROGRAM GRANT FOR THE OFFICE OF EMERGENCY SERVICES AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, the Office of Emergency Services requests authorization to accept a Homeland Security Program Grant and adopt a program budget in the amount of $365,000 for the period September 1, 2015 through August 31, 2018, and WHEREAS, said program grant funding will be used to support regional preparedness efforts, including law enforcement terrorism prevention activities, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $365,000 from New York State Homeland Security and Emergency Services, 1220 Washington 260 Regular Session of September 24, 2015

15 Avenue, Building 7a, Albany, New York for the Office of Emergency Service s Homeland Security Program Grant for the period September 1, 2015 through August 31, 2018, 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 $365,000, and be it 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 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. 331 By Public Safety & Emergency Services, Personnel and Finance Committees RESOLUTION AUTHORIZING ACCEPTANCE OF THE EMERGENCY MANAGEMENT PERFORMANCE PROGRAM GRANT FOR THE OFFICE OF EMERGENCY SERVICES AND ADOPTING A PROGRAM BUDGET FOR WHEREAS, the Office of Emergency Services requests authorization to accept a Emergency Management Performance Program Grant and adopt a program budget in the amount of $80,478 for the period October 1, 2014 through September 30, 2016, and WHEREAS, said program grant funding will be used primarily to support salary and benefits for the Emergency Management Assistance Coordinator and EOC phone lines and copier expenses, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes and approves acceptance of $80,478 from New York State Homeland Security and Emergency Services, 1220 Washington Avenue, Building 7a, Albany, New York for the Office for Aging s Emergency Management Performance Program Grant for the period October 1, 2014 through September 30, 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 $80,478, and be it 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 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 September 24,

16 RESOLUTION NO. 332 By Public Safety & Emergency Services, Personnel and Finance Committees RESOLUTION AUTHORIZING REVISION OF A US MARSHALS FALCON PROGRAM GRANT FOR THE OFFICE OF THE SHERIFF AND ADOPTING A REVISED PROGRAM BUDGET FOR WHEREAS, this County Legislature, by Resolution 19 of 2015, authorized and approved acceptance of a US Marshals Falcon Program Grant for the Office of the Sheriff and adopted a program budget in the amount of $28,000 for the period October 1, 2014 through September 30, 2015, and WHEREAS, said program grant provides overtime reimbursement for Deputies, and WHEREAS, it is necessary at this time to revise said program to reflect an increase in the amount of $8,000 in grant appropriations to offset costs due to the search for prison escapees David Sweat and Richard Matt, now, therefore, be it RESOLVED, that this County Legislature hereby authorizes a revision of the US Marshals Falcon Program Grant to reflect an increase of $8,000 for the period October 1, 2014 through September 30, 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 $36,000, and be it FURTHER RESOLVED, that Resolution 19 of 2015, 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 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. 333 By Public Safety & Emergency Services and Finance Committees RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE BROOME COUNTY SHERIFF CANINE (K-9) UNIT TRUST ACCOUNT FUND AND ACCEPTING OF A $25,000 DONATION FROM THOMAS TULL FOR SAID TRUST ACCOUNT WHEREAS, the Broome County Sheriff expects to receive various gifts and donations to fund the purchase of replacement canines, supplies, equipment and training to enhance the effectiveness of the Sheriff s Office Canine Unit, and WHEREAS, it is this Legislature s intent to create a trust account for these gifts and donations, and WHEREAS, Thomas Tull would like to make the first donation to said trust account in the amount of $25,000 with the stipulation that the donation be used for the exclusive purpose of purchasing a replacement canine and its associated training and equipment costs when a replacement is needed, with any remaining funds thereafter used to support the Sheriff s Office Canine Unit, now, therefore, be it 262 Regular Session of September 24, 2015

17 RESOLVED, that this County Legislature hereby authorizes the establishment of the Broome County Sheriff Canine (K-9) Unit Trust Account, and be it FURTHER RESOLVED, that this County Legislature hereby approves acceptance of a donation of $25,000 from Thomas Tull with the stipulation that the donation be used for the exclusive purpose of purchasing a replacement canine and its associated training and equipment costs when a replacement is needed, with any remaining funds thereafter used to support the Sheriff s Office Canine Unit, and be it FURTHER RESOLVED, that gifts and donations to said trust account shall be credited to account (K-9 Unit Trust), and be it FURTHER RESOLVED, that the Broome County Sheriff, is hereby authorized to expend said funds in accordance with the provisions of state and local laws and that use of these funds shall be solely restricted to the purchase of replacement canines, supplies, equipment and training to enhance the effectiveness of the Sheriff s Office Canine Unit, and be it FURTHER RESOLVED, that the Director of Management and Budget and the Sheriff are hereby authorized and directed to take any and all necessary steps required to effectuate the intent and purpose of this resolution. RESOLUTION NO. 334 By Public Works & Transportation and Finance Committees RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING IN THE FIRST INSTANCE 100% OF THE FEDERAL-AID AND STATE MARCHISELLI PROGRAM-AID ELIGIBLE COSTS OF THE TRANSPORTATION FEDERAL-AID PROJECT RIVER ROAD BRIDGE REHABILITATION CONTRUCTION, AND APPROPRIATING FUNDS THEREFORE WHEREAS, a Project for the BIN ; County Route 96 (River Road) over the New York Susquehanna and Western Railway (NYSW), Town of Chenango, Broome County; P.I.N (the Project) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the County of Broome desires to advance the Project by making a commitment of 100% of the Federal and non-federal share of the costs of the Construction and Construction Supervision and Inspection work, now, therefore be it RESOLVED, that the Broome County Legislature hereby authorizes the County of Broome too pay in the first instance 100% of the Federal and non-federal share of the cost of the Construction and Construction Supervision and Inspection work for the Project r portions thereof, and, be it FURTHER RESOLVED, that the sum of $1,586,000 is hereby appropriated from the 2015 Capital Improvement Program 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 request 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 Regular Session of September 24,