Broome County Legislature

2014 Journal of Proceedings

BROOME COUNTYLEGISLATURE

REGULAR SESSION

OCTOBER 16, 2014

The Legislature convened at5:00p.m. with a call to order by the Acting Chair, Ronald J. Keibel. The Clerk, Aaron M. Martin, read the fire exit announcement and called the Attendance Roll, Present-14, Absent-1 (Marinich).

The Clerk, Mr. Martin, led the members of the Legislature in the Pledge of Allegiance to the Flag and offered the invocation followed by a moment of silence.

ANNOUNCEMENTS FROM THE ACTING CHAIR

Mr. Flagg and Ms. McCabe were designated with Acting Chairman Keibel in the “Short Roll Call”

WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY EXECUTIVE

Letters from the County Executive, Debra A. Preston

Appointments to the Broome County Central Library Board of Trustees
Appointment to the Broome Tioga Workforce Board
Appointments to the En-Joie Golf Course Advisory Committee
Appointments to the Environmental Management Council
Recommended 2015 County Budget

WRITTEN OR ORAL PRESENTATIONS OF THE COUNTY LEGISLATURE:

Letters from the Chair, Jerry F. Marinich:

Designation for Mr. Baker 9/11/2-14
Designation for Mr. Fiala 10/6/2014
Designation for Mr. Fiala 10/8/2014

Mr. Pasquale made a motion, seconded by Mr. D. J. Reynolds, that the Session minutes of September 14, 2015 and September 18, 2014 be approved as prepared and presented by the Clerk.

Carried. Ayes-14, Nays-0, Absent-1 (Marinich).

Mr. Keibel noted that the committee minutes for September 18, 2014 through October 15, 2014 had been distributed to the members of each committee for review and that they are also on file in the Clerk’s Office. Mr. Keibel asked for corrections to the committee minutes. Seeing none, a motion to approve the committee minutes was made by Mr. Wildoner, seconded by Mr. Sopchak.

Carried. Ayes-14, Nays-0, Absent-1 (Marinich).

PRESENTATION OF PETITIONS, COMMUNICATIONS, NOTICES & REPORTS

A.PETITIONS: None

COMMUNICATIONS:
Legislature – BC Industrial Development Agency Certificate of Membership Filing with the Department of State

2.Legislature – BC Local Development Corporation Certificate of Membership Filing with the Department of State

3.Legislature – Standing Committee Schedule for 10/16/2014

4.BC Soil & Water – Director’s Meeting Minutes 9/19/2014

C.NOTICES:

1.Joint County Administration, Public Works & Transportation and Finance Committee Meeting 9/18/2014

2.Board of Ethics – Meeting Notice 10/2/2014

REPORTS:

SUNY Broome – August 2014 Budget Transfers Report
OFA – 2015-2016 Draft Plan for Services

RESOLUTIONS INTRODUCED AT THIS SESSION

RESOLUTION NO. 339

By Economic Development, Education & Culture CommitteeSeconded by Mr. Baker

RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE NEW YORK WORKS II ENVIRONMENTAL RESTORATION PROJECTS FUNDING

WHEREAS, Broome County, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project, and

WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for environmental restoration projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith, and

WHEREAS, the enacted Executive Budget for State Fiscal Year 2013-2014 (the "13/14

Budget"), as reflected in Chapter 54, Laws of 2013 (the "Laws of 2013 "), provided New York

Works II funding for services, expenses, and indirect costs related to various environmental projects including, but not limited to, environmental restoration projects. The Law allows the Department of Environmental Conservation (the "Department") to enter into agreements with municipalities to undertake environmental restoration projects on behalf of a municipality upon request, provided that the municipality shall provide ten percent of the total project costs (hereinafter referred to as "NYWII ERP"), now, therefore, be it

RESOLVED, that this Broome County Legislature hereby designates the Broome County Executive or her duly authorized representative as the representative authorized to act on behalf of the Municipality in all matters related to State assistance under ECL Article 56, Title 5. The representative is also authorized to make a request to the Department (by applying for participation in the NYWII ERP) to enter into an agreement to undertake an environmental restoration project on behalf of the Municipality, execute the NYW II ERP Agreement, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance, and be it

FURTHER RESOLVED, that the Municipality agrees that it will fund its portion of the cost of the Project by reimbursing the Department ten percent (10%) of Project costs and that funds will be available to reimburse the Department within ninety (90) days after receipt of an invoice from the Department, and be it

FURTHER RESOLVED, that one (1) certified copy of this Authorization be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application for Participation in NYWII ERP, and be it

FURTHER RESOLVED, that this Resolution shall take effect immediately.

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 340

By Economic Development, Education & Culture and Finance Committees

Seconded by Mr. Baker

RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANING AGREEMENT WITH BROOME-TIOGA BOCES FOR LEASE OF SPACE FROM THE OFFICE OF EMPLOYMENT AND TRAINING FOR 2014-2015

WHEREAS, the Director of the Office of Employment and Training requests authorization for a memorandum of understanding agreement with Broome-Tioga BOCES for lease of space from the Office of Employment and Training (OET) at revenue to the County in the amount of $10.95 per sq. ft., total amount not to exceed $8,124.90 per annum, for the period July 1, 2014 through June 30, 2015, and

WHEREAS, said agreement is necessary to provide Broome-Tioga BOCES with space to conduct daily Adult Basic Education and High School Equivalency testing at the Broome Tioga Workforce NY Career Center, with OET being reimbursed for the use of space, now, therefore, be it

RESOLVED, that this County Legislature hereby authorizes a memorandum of understanding agreement with Broome-Tioga BOCES, 435 Glenwood Road, Binghamton, New York 13905, for lease of space from the Office of Employment and Training, for the period July 1, 2014 through June 30, 2015, and be it

FURTHER RESOLVED, that in consideration of said services, the Contractor shall pay the County an amount not to exceed $10.95 per sq. ft, total amount not to exceed $8,124.90 per annum for the term of the agreement, and be it

FURTHER RESOLVED, that the payments hereinabove authorized shall be credit to budget line 33020006.331087.6004111.3131 (Land & Building Rental), 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 this Resolution.

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 341

By Economic Development, Education & Culture Committee Seconded by Mr. D. J. Reynolds

RESOLUTION AUTHORIZING THE BROOME COUNTY EXECUTIVE TO SIGN A SUBRECIPIENT AGREEMENT IN ORDER TO RECEIVE COMMUNITY DEVELOPMENT BLOCK GRANT – DISASTER RECOVERY (CDBG-DR) FUNDS

WHEREAS, the United States Department of Housing and Urban Development has allocated nearly $4 Billion in Community Development Block Grant – Disaster Recovery (CDBG-DR) Funds to the State of New York in the aftermath of Hurricane Sandy and other eligible events, and

WHEREAS, Broome County stands to receive Community Development Block Grant – Disaster Recovery (CDBG-DR) Funds to assist with local projects in the aftermath of several national disasters, and

WHEREAS, said funds are to be used for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure, and housing and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, and

WHEREAS, to receive said funding, the Broome County Executive, or her duly authorized representative, will be required to sign a general subrecipient agreement with the United States Department of Housing and Urban Development (HUD) and/or the New York State Office of Storm Recovery, which is being required of all municipalities in line to receive funding, now, therefore, be it

RESOLVED, that this County Legislature hereby authorizes the Broome County Executive, or her duly authorized representative, to sign any and all subrecipient agreements with the United States Department of Housing and Urban Development (HUD) and the State of New York Office of Storm Recovery in order to receive Community Development Block Grant – Disaster Recovery (CDBG-DR) Funds, and be it

Mr. Wildoner made a motion, seconded by Mr. D. J. Reynolds to amend the Resolution to read as follows:

A RESOLUTION AUTHORIZING THE BROOME COUNTY EXECUTIVE TO ENTER INTO THE REQUIRED SUBRECIPIENT AGREEMENT WITH THE HOUSING TRUST FUND CORPORATION AS REQUIRED IN THE IMPLEMENTATION OF THE NY STATE COMMUNITY DEVELOPMENT BLOCK GRANT—DISASTER RECOVERY (CDBG-DR) PROGRAM; AND, TO AUTHORIZE THE COUNTY EXECUTIVE TO SIGN ANY AND ALL DOCUMENTS REQUIRED IN THE IMPLEMENTATION OF THE PROGRAM.

WHEREAS, in the aftermath of Superstorm Sandy, the United States Congress, through Public Law passed the Disaster Relief Appropriations Act of 2013 (Public Law 113-2, approved January 29, 2013), as amended (the “Act”), appropriating $16 billion, later reduced to $15.18 billion, to the U.S. Department of Housing and Urban Development (“HUD”) for Community Development Block Grant Disaster Recovery (“CDBG-DR”) funds for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure, and housing and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared due to Superstorm Sandy and other eligible events, including Hurricane Irene and Tropical Storm Lee, in calendar years 2011, 2012, and 2013 (the “Storms”), subject to the Federal statutes and regulations governing CDBG grants, as modified by exceptions and waivers previously granted and which may hereafter be granted by HUD; and,

WHEREAS, pursuant to the CDBG-DR Grant Program and Federal Register Notice (78 Fed. Reg. 14,329), published March 5, 2013, titled, “Allocations, Common Applications, and Alternative Requirements for Grantees Receiving Community Development Block Grant (CDBG) Disaster Recovery Funds in Response to Hurricane Sandy (as amended),” the State has received an allocation of CDBG-DR funds from HUD in the amount of $1,713,960,000; and

WHEREAS, pursuant to the CDBG-DR Grant Program and Federal Register Notice (78 Fed. Reg. 69,104), entitled Second Allocation, Waivers and Alternative Requirements for Grantees Receiving Community Development Block Grant (CDBG) Disaster Recovery Funds in Response to Hurricane Sandy (as amended),” the State has received a second allocation of CDBG-DR funds from HUD in the amount of $2,097,000,000; and

WHEREAS,in accordance with HUD directive, the COUNTY has been notified of its ability to participate in the NY State Community Development Block Grant--Disaster Recovery (CDBG-DR); and

WHEREAS,implementation of the CDBG-DR Recovery Program requires the execution of the Subrecipient Agreement between BROOME COUNTY and the Housing Trust Fund Corporation, attached hereto and made a part hereof, now therefore be it

RESOLVED,by the Broome County Legislature, on behalf of the County of Broome that, the County Executive be hereby authorized to enter into the required Subrecipient Agreement with the Housing Trust Fund Corporation to secure Community Development Block Grant—Disaster Recovery (CDBG-DR) funds; and, to sign any and all documents required in the administration of the New York State CDBG-DR Recovery Program.

Amendment carried. Ayes-14, Nays-0, Absent-1 (Marinich)

Resolution as amended carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 342

By Finance CommitteeSeconded by Mr. Baker

RESOLUTION APPROVING SALE OF A COUNTY-OWNED PROPERTY IN THE TOWN OF COLESVILLE

WHEREAS, the County of Broome now owns 94 Circle Drive, Tax Map # 114.12-1-24.2 in the Town of Colesville, and

WHEREAS, the Director of Real Property Tax Services requests authorization to sell this property to Tioga State Bank for the purchase price of $3,000, now, therefore, be it,

RESOLVED, that this County Legislature hereby authorizes the sale of 94 Circle Drive, Tax Map # 114.12-1-24.2 in the Town of Colesville to Tioga State Bank, 1387 State Route 96, Owego, New York 13827, for the purchase price of $3,000, and be it

FURTHER RESOLVED, that the payments hereinabove referenced shall be credited to budget line 1700001.5000002 (Sale of Real Property), and be it

FURTHER RESOLVED, that the County Executive or her duly authorized representative is hereby authorized to execute quit claim deeds, approved as to form by the Department of Law, conveying the property listed above to the new owners, together with other such documents as may be necessary to implement the intent of this Resolution.

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 343

By Finance CommitteeSeconded by Mr. Baker

RESOLUTION LEVYING THE COST OF WORKERS’ COMPENSATION FOR 2015

WHEREAS, a budget for the operation of the Broome County Self-Insurance Plan for Workers’ Compensation for the year 2015 has been prepared, now, therefore, be it

RESOLVED, that the estimated costs of the Broome County Self Insurance Plan for Workers’ Compensation for the year 2015, as apportioned to the County and the towns and villages participating in the fund are hereby approved, and be it

FURTHER RESOLVED, that the apportioned amounts as to the towns and County shall be included in the respective next succeeding tax levies by the County Legislature unless otherwise provided for and paid to the Director of the Office of Management and Budget, and be it

FURTHER RESOLVED, that the Director of the Office of Management and Budget is hereby authorized to bill the Villages of Lisle, Port Dickinson and Whitney Point for the amounts apportioned to them, and be it

FURTHER RESOLVED, that when said amounts are collected, they shall be deposited to the Workers’ Compensation account as follows:

Municipalities / 2014 Total Premium
Broome County / 2,552,217
Barker / 65,375
Binghamton (T) / 68,588
Chenango / 105,008
Colesville / 66,697
Conklin / 42,093
Lisle (T) / 33,420
Lisle (V) / 9,060
Maine / 98,256
Nanticoke / 24,861
Port Dickinson / 28,037
Sanford / 49,132
Triangle / 20,441
Whitney Point / 18,960
Windsor (T) / 39,027
Total / $3,221,172

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 344

By Finance CommitteeSeconded by Mr. Baker

RESOLUTION APPROVING SALE OF 2012 IN REM FORECLOSURE PROPERTY TO FORMER OWNER

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 2012, 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 owner of a certain property has requested to have the property sold back to them, and the Director and the Finance Committee recommend that such request be granted based on the unusual circumstances of such case as reviewed and approved by the Finance Committee, now, therefore, be it

RESOLVED, that the sale back to former owners of the parcel listed below for the amounts as stated is hereby approved by this County Legislature based on the unusual circumstances of each such case, as determined by your sponsoring committee as well as the undue hardship to the former owners that the failure to approve such sale would cause:

Parcel ID: / 162.03-2-12
Town/Village: / Conklin
Former Owner: / Joseph S. Smith & Linda Smith
3933 Gardiner Road
Binghamton, New York 13903
Amount: / Base Tax: $140.00
Sellback Fee: 500.00
Total: $640.00
Parcel ID: / 143.21-1-22
Town/Village: / Union/Johnson City
Former Owner: / Gaetana A. Stamos
748 Grant Street
Johnson City, New York 13790
Amount: / Base Tax: $16,722

and be it

FURTHER RESOLVED, that the County Executive or her duly authorized representative 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.

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 345

By Finance CommitteeSeconded by Mr. Baker

RESOLUTION AUTHORIZING CANCELLATION OF REAL PROPERTY TAXES PLUS ACCRUED INTEREST PENALTIES ON PARCELS IN BROOME COUNTY

WHEREAS, it is necessary to cancel village and school tax records plus accrued interest penalties on parcels of real property, annexed hereto as Exhibit "A", now, therefore, be it

RESOLVED, that taxes plus accrued interest penalties will be cancelled on parcels of real property, annexed hereto as Exhibit "A".

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 346

By Finance CommitteeSeconded by Mr. Baker

RESOLUTION AUTHORIZING ADJUSTMENTS TO A TAX BILL IN THE TOWN OF TRIANGLE

WHEREAS, the Director of Real Property is requesting authorization for the Director of Management and Budget to execute any and all adjustments to tax bills, tax records and property records in accordance with all applicable laws for the following property and for the reasons stated as may be necessary, now, therefore, be it

RESOLVED, that this County Legislature hereby approves authorization for the Director of Management and Budget to execute any and all adjustments to tax bills, tax records and property records for the following property and for the reasons stated:

Parcel ID/Tax Map No.: / 035.07-1-1.211
Town/Village: / Triangle
Owner: / Thomas Taylor
8298 State Route 79
Whitney Point, NY 13862
Reason: / Assessment from $45,000 to $1,900
Adjustment of Taxes:
Incorrect Tax / Correct Tax
County $525.90 / $22.20
Town 121.01 / 5.11
Town Hwy 59.48 / 2.51
Sch re-levy 1,429.11 / 60.34
Ambulance 28.87 / 1.22
Fire 90.63 / 3.83
Total $2,255.00 / $95.21 + Penalties & Interest
Pen & Int 300.93
Total $2,555.93

Carried. Ayes-14, Nays-0, Absent-1 (Marinich)

RESOLUTION NO. 347

By Personnel and Finance CommitteesSeconded by Mr. D. J. Reynolds

RESOLUTION AMENDING THE PERSONNEL RULES FOR BROOME COUNTY ADMINISTRATIVE PERSONNEL